[Rev. 4/6/2015 4:29:51 PM]

Link to Page 1400

 

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ê1981 Statutes of Nevada, Page 1401 (Chapter 637, SB 488)ê

 

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code—Investment Securities;

      (c) Mature at such a time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission;

      (d) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and

      (e) Be printed at such a place within or without this state, as the commission may determine.

      2.  Any such bonds or other state securities [shall] must bear interest at a rate or rates [of not more than 9 percent per annum.] which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted. The interest [shall] must be made payable:

      (a) If the security constitutes a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, semiannually.

      (b) If the security does not constitute a debt or is issued for the protection and preservation of the state’s property or natural resources or for the purpose of obtaining the benefits thereof, at intervals which the commission shall designate, and the first interest payment may be for another period.

      3.  General obligation bonds [shall] must mature within not exceeding 20 years from their date or within 20 years from the date of passage of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, [shall] must mature within not exceeding 50 years from their date.

      4.  Special obligation bonds [shall] must mature within not exceeding 50 years from their date.

      Sec. 5.  NRS 349.290 is hereby amended to read as follows:

      349.290  The commission may provide for the redemption of any or all of the bonds or other state securities [prior to] before maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 9 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the commission in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.

      Sec. 6.  NRS 349.324 is hereby amended to read as follows:

      349.324  1.  Except as otherwise provided in NRS 349.320, the proceeds of taxes, pledged revenues and other [moneys,] money, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued [for the purpose of securing] to secure the payment of interim debentures, or any combination thereof, may be pledged [for the purpose of securing] to secure the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, [shall] must not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

 


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ê1981 Statutes of Nevada, Page 1402 (Chapter 637, SB 488)ê

 

securing] to secure the payment of interim debentures, or any combination thereof, may be pledged [for the purpose of securing] to secure the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, [shall] must not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures [shall] must mature at such time or times as the commission may determine, except as otherwise provided in subsections 3 and 4 of NRS 349.276.

      3.  Any bonds pledged as collateral security [shall] must not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [9 percent per annum.] by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      Sec. 7.  NRS 349.340 is hereby amended to read as follows:

      349.340  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision [shall] must be made for paying the securities within such period of time.

      2.  No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding [9 percent per annum;] by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted; but any general obligation bonds funding or refunding any securities which constitute a debt and are subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, as from time to time amended, [shall] must mature within 20 years from the effective date of the act authorizing the issuance of the securities so funded or refunded thereby, or within 20 years from the date or earliest date of such securities, as the case may be, whichever limitation is shorter.

      3.  The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt [shall] may the principal of the bonds be increased to any amount in excess of any state debt limitation in the state constitution pertaining thereto.

 


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ê1981 Statutes of Nevada, Page 1403 (Chapter 637, SB 488)ê

 

excess of any state debt limitation in the state constitution pertaining thereto.

      4.  The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      Sec. 8.  NRS 350.2011 is hereby amended to read as follows:

      350.2011  Except where the provisions, whenever enacted, of a general or special law or of a special charter [authorize a higher rate, the maximum rate] otherwise require, the rate or rates of interest on securities issued by [any] a political subdivision of this state [shall] must not exceed [9 percent per annum.] by more than 3 percent the Down Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      Sec. 9.  NRS 350.2012 is hereby amended to read as follows:

      350.2012  Except where the provisions, whenever enacted, of a general or special law or of a special charter [prohibit discount or authorize a greater discount,] otherwise require, securities issued by a political subdivision of this state may be sold at par, above par or below par at a discount of not more than 9 percent of the principal amount, but the effective interest rate [shall] must not exceed [9 percent per annum.] by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      Sec. 10.  NRS 350.614 is hereby amended to read as follows:

      350.614  Except as otherwise provided in the Local Government Securities Law and in any other act the provisions of which are relevant by express reference herein thereto or by provisions to that effect therein, any securities issued hereunder [shall] must be:

      1.  In such a form;

      2.  Issued in such a manner, at, above or below par at such a discount, not exceeding 9 percent of the principal amount of the securities, and at such a price, which will result in an effective interest rate [of not more than 9 percent per annum;] which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted;

      3.  Issued with such provisions:

      (a) For the application of any accrued interest and any premium from the sale of any bonds or other municipal securities hereunder as provided in NRS 350.648;

      (b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;

      (c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;

 


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ê1981 Statutes of Nevada, Page 1404 (Chapter 637, SB 488)ê

 

      (d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;

      (e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;

      (f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;

      (g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code—Investment Securities, or otherwise;

      (h) For the deposit of [moneys,] money, federal securities or other securities of the Federal Government, or both [moneys] money and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and

      (i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities; and

      4.  Issued otherwise with such recitals, terms, covenants, conditions and other provisions,

as may be provided by the governing body in an ordinance authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 11.  NRS 350.630 is hereby amended to read as follows:

      350.630  1.  As the governing body may determine, any bonds and other municipal securities issued hereunder, except as otherwise provided in the Local Government Securities Law, or in any act supplemental thereto, must:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code—Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body, except as herein otherwise provided;

      (d) Bear interest at a rate or rates [of not more than 9 percent per annum,] which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable annually, semi-annually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;

      (e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the governing body; and

 

 


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ê1981 Statutes of Nevada, Page 1405 (Chapter 637, SB 488)ê

 

within or without or both within and without the state as may be provided by the governing body; and

      (f) Be printed at such a place, within or without this state, as the governing body may determine.

      2.  General obligation bonds must mature within not exceeding 30 years from their respective dates and, if they mature serially, commencing not later than the fifth year thereafter, in such manner as the governing body may determine.

      3.  Special obligation bonds must mature within not exceeding 50 years form their respective dates.

      Sec. 12.  NRS 350.644 is hereby amended to read as follows:

      350.644  The governing body may provide for the redemption of any or all of the bonds or other municipal securities [prior to] before maturity, in such order, by lot or otherwise, at such a time or times, without or with the payment of such a premium or premiums not exceeding 9 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the governing body in the ordinance authorizing the issuance of the securities or other instrument appertaining thereto.

      Sec. 13.  NRS 350.678 is hereby amended to read as follows:

      350.678  1.  Except as otherwise provided in NRS 350.674, the proceeds of taxes, pledged revenues and other [moneys,] money, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued [for the purpose of securing] to secure the payment of interim debentures, or any combination thereof, may be pledged [for the purpose of securing] to secure the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, [shall] must not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures [shall] must mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of NRS 350.630.

      3.  Any bonds pledged as collateral security [shall] must not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor [shall] may they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [9 percent per annum.] by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      Sec. 14.  NRS 350.694 is hereby amended to read as follows:

      350.694  1.  No bonds may be refunded under this chapter unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 25 years from the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period of time.

 


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ê1981 Statutes of Nevada, Page 1406 (Chapter 637, SB 488)ê

 

      2.  No maturity of any bond refunded may be extended more than 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate [exceeding 9 percent per annum.] which exceeds by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      3.  The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed those unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt may the principal of the bonds be increased to any amount in excess of any municipal debt limitation.

      4.  The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      5.  If at the time of the issuance of any issue of general obligation refunding bonds provision is not made for the redemption of all the outstanding bonds of the or each issue refunded, as the case may be, by the use of proceeds of the refunding bonds and any other [moneys] money available for [such] the redemption, the general obligation refunding bonds may mature but are not required to mature serially commencing not later than the third year after their respective dates in accordance with subsection 2 of NRS 350.630.

      Secs. 15 through 25.  (Deleted by amendment.)

      Sec. 26.  NRS 267.510 is hereby amended to read as follows:

      267.510  In the contracts, documents and other instruments designated in NRS 267.505, the governing body may:

      1.  Obligate the municipality to repay to the Federal Government the cost of the project undertaken by it for the municipality, including without limitation all incidental costs pertaining thereto, over a term of not exceeding 40 years commencing on any specified date in the calendar year next following the calendar year in which the project is completed or is estimated to be completed in any such contract between the municipality and the Federal Government, or in any other such document or any other such instrument, whichever period is later, and otherwise upon such terms and conditions and with such other provisions as the municipality and the Federal Government may provide, except as otherwise provided in NRS 267.450 to 267.530, inclusive.

      2.  Obligate the municipality to pay to the Federal Government interest on the project cost, except to the extent an allowance is made in the project cost for interest during the period of construction or during any other period determined by the municipality and the Federal Government, at a rate or rates [not exceeding 9 percent per annum.] which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which is in effect at the time the agreement is made.

 


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ê1981 Statutes of Nevada, Page 1407 (Chapter 637, SB 488)ê

 

      3.  Obligate the municipality to operate and maintain the facilities resulting from the project or otherwise pertaining thereto, in such manner, upon such terms and conditions, and otherwise with such other provisions as the municipality and the Federal Government may provide.

      4.  Pledge the full faith and credit of the municipality for the payment of the [moneys] money due under such contracts, documents and other instruments.

      5.  Provide for the payment of such [moneys] money as general obligations or special obligations of the municipality, or as general obligations of the municipality the payment of which is additionally secured by a pledge of revenues derived from any utility or other income-producing project of the municipality legally available therefor.

      6.  Otherwise pledge the full faith and credit of the municipality for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the municipality in any such contract with the Federal Government.

      7.  Exercise any combination of powers provided in NRS 267.450 to 267.515, inclusive.

      Sec. 27.  (Deleted by amendment.)

      Sec. 28.  NRS 271.355 is hereby amended to read as follows:

      271.355  1.  For the purpose of paying any contractor or otherwise defraying any costs of the project as the [same] costs become due from time to time until [moneys are] money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.

      2.  Any interim warrants issued for any construction work [shall] may be issued only upon estimates of the engineer.

      3.  Any interim warrants [shall bear] must:

      (a) Bear such date or dates; [, shall mature]

      (b) Mature in such denomination or denominations at such time or times, or at any time upon call; [, shall bear]

      (c) Bear interest at a rate or rates [not exceeding 9 percent per annum, and shall be] which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted; and

      (d) Be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer,

as the governing body may determine.

      4.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other [moneys] money designated to be available for the redemption of such interim warrants, and generally [shall] must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.

 


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ê1981 Statutes of Nevada, Page 1408 (Chapter 637, SB 488)ê

 

      Sec. 29.  NRS 271.405 is hereby amended to read as follows:

      271.405  1.  All assessments made in pursuance of the assessment ordinance [shall be] are due and payable without demand within 30 days after the effective date of the assessment ordinance.

      2.  All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the governing body so authorizes the payment of assessments.

      3.  Failure to pay the whole assessment within [such period of] 30 days [shall be] is conclusively considered [and held] an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.

      4.  All persons so electing to pay in installments [shall be] are conclusively considered [and held] as consenting to such projects, and such an election [shall be] is conclusively considered [and held] as a waiver of [any and] all rights to question the power or jurisdiction of the municipality to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.

      5.  The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment [not exceeding 10 percent] , which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which is in effect at the time the election is made, as a percentage of the installment or installments of principal so prepaid.

      6.  Subject to the foregoing provisions, all installments, both of principal and interest, [shall be] are payable at such times as may be determined in and by the assessment ordinance.

      7.  The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.

      Sec. 30.  NRS 271.415 is hereby amended to read as follows:

      271.415  1.  In case of [such] an election to pay in installments, the assessment [shall be] is payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 [quarter-annual] quarterly installments of principal.

      2.  Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective [installments’] due date [shall be] of the installments is payable annually, [or] semiannually [,] or [quarter-annually,] quarterly at a rate or rates [not exceeding 10 percent per annum.] which do not exceed by more than 1 percent the rate of interest on the assessment bonds.

      3.  Nothing herein contained [shall be construed as limiting] limits the discretion of the governing body in determining whether assessments [shall be] are payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, [shall become] are due.

 


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ê1981 Statutes of Nevada, Page 1409 (Chapter 637, SB 488)ê

 

      4.  The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.

      5.  The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.

      Sec. 31.  NRS 271.485 is hereby amended to read as follows:

      271.485  1.  Any bonds issued pursuant hereto may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.

      2.  Bonds [shall] must first be offered at a public sale, and if no satisfactory bid is then received, [such] the bonds may be sold at private sale: [for]

      (a) For not less than the principal amount thereof and accrued interest thereon [, or, at] ; or

      (b) At the option of the governing body, below par at such a discount not exceeding 9 percent of the principal amount [thereof] and at a price which will not result in an effective interest rate [of more than 9 percent per annum] which exceeds by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body [shall have] has been capitalized as a cost of the project.

      3.  [No] The bond interest rate [shall] must not at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the governing body may determine.

      4.  The governing body may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.

      5.  Any accrued interest and any premium [shall] must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.

      6.  Any unexpended balance of [such] bond proceeds remaining after the completion of the project for which [such] the bonds were issued [shall] must be paid immediately into the fund created for the payment of the principal of the bonds and [shall] must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.

      7.  The validity of the bonds [shall] must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.

      8.  The purchaser or purchasers of the bonds [shall in no manner be] are not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.

 


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ê1981 Statutes of Nevada, Page 1410 (Chapter 637, SB 488)ê

 

are not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.

      9.  The governing body may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if: [, before the]

      (a) Before awarding [of] the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project [, and if the governing body] ; and

      (b) It has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.

      10.  If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.305, or for any other reason, any contract to sell special assessment bonds [shall] must thereupon be terminated and becomes inoperative.

      Sec. 32.  NRS 271.515 is hereby amended to read as follows:

      271.515  1.  Any assessment bonds:

      (a) [Shall] Must bear such date or dates;

      (b) [Shall] Must mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;

      (c) [Shall] Must bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;

      (d) [Shall] Must be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and

      (e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of [such] a premium or premiums not exceeding 9 percent of the principal amount of each bond so redeemed,

as provided by ordinance.

      2.  Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally [shall] must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

      3.  Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.

 


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ê1981 Statutes of Nevada, Page 1411 (Chapter 637, SB 488)ê

 

      4.  Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds [shall] must be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code—Investment Securities.

      5.  Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:

      (a) Provide for the initial issuance of one or more bonds (in this subsection 5 called “bond”) aggregating the amount of the entire issue or any portion thereof.

      (b) Make such provisions for installment payments of the principal amount of any such bond as it may consider desirable.

      (c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.

      (d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of larger or smaller denominations, which bonds of larger or smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.

      6.  Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code—Investment Securities, or otherwise.

      7.  Any bond [shall] must be executed in the name of and on behalf of the municipality and signed by the mayor, chairman, or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.

      8.  Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer [shall] must be attached to the bonds and [shall] bear the original or facsimile signature of the treasurer.

      9.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act (and compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature).

      10.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, [shall be] are the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment thereof, any or all of the persons whose signatures appear thereon [shall] have ceased to fill their respective offices.

      11.  Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.

 


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ê1981 Statutes of Nevada, Page 1412 (Chapter 637, SB 488)ê

 

      Sec. 33.  NRS 279.310 is hereby amended to read as follows:

      279.310  1.  A municipality [shall have power to] may issue bonds from time to time [in its discretion] to finance the undertaking of any urban renewal project under NRS 279.010 to 279.380, inclusive, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, and [shall] also [have power to] may issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds [shall] must be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under NRS 279.010 to 279.380, inclusive. Payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban renewal projects of the municipality under NRS 279.010 to 279.380, inclusive, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.

      2.  Bonds issued under this section [shall] do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and [shall not be] are not subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of NRS 279.010 to 279.380, inclusive, are declared to be issued for an essential public governmental purpose and, together with interest thereon and income therefrom, [shall be] are exempted from all taxes.

      3.  Bonds issued under this section [shall] must be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and [shall] bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, [not exceeding 9 percent per annum,] which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such a resolution or trust indenture or mortgage issued pursuant thereto.

      4.  Such bonds may be sold at public sales held after notice published [prior to such sale] before those sales in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine, or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the Federal Government at private sale and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government, the balance may be sold at private sale at an interest cost to the municipality of not [to exceed] more than the interest cost to the municipality of the portion of the bonds sold to the Federal Government.

      5.  [In case] If any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under NRS 279.010 to 279.380, inclusive, [shall] cease to be such officials before the delivery of [such] the bonds, [such signatures shall,] their signatures are nevertheless [, be] valid and sufficient for all purposes, the same as if [such] the officials had remained in office until [such] the delivery.

 


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ê1981 Statutes of Nevada, Page 1413 (Chapter 637, SB 488)ê

 

signatures appear on any bonds or coupons issued under NRS 279.010 to 279.380, inclusive, [shall] cease to be such officials before the delivery of [such] the bonds, [such signatures shall,] their signatures are nevertheless [, be] valid and sufficient for all purposes, the same as if [such] the officials had remained in office until [such] the delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to NRS 279.010 to 279.380, inclusive, [shall] must be fully negotiable.

      6.  In any suit, action or proceeding involving the validity or enforceability of any bond issued under NRS 279.010 to 279.380, inclusive, or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project shall be conclusively deemed to have been issued for [such] that purpose and [such] the project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of NRS 279.010 to 279.380, inclusive.

      Sec. 34.  NRS 309.160 is hereby amended to read as follows:

      309.160  For the purpose of organization, the board of directors (in this chapter sometimes merely designated “the board”) may at any time incur an indebtedness not exceeding in the aggregate the sum of $5,000, nor in any event to exceed $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at [not exceeding 9 percent per annum,] a rate or rates which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, and the [directors] board may levy an assessment of not [to exceed] more than $1 per acre on all lands in the district for the payment of such expenses. Thereafter, the [directors] board may levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter, of not [to exceed] more than 20 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments must be collected as provided in this chapter for the collection of other assessments.

      Sec. 35.  NRS 309.180 is hereby amended to read as follows:

      309.180  1.  The bonds authorized by vote must be designated as a series, and the series must be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time must be designated as an issue and each issue must be numbered in its order. The bonds of such issue must be numbered consecutively commencing with those earliest falling due. They must be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons must be attached thereto, and all bonds and coupons must be dated on January 1 or July 1 next following the date of their authorization, and they must bear interest at [the rate of not to exceed 9 percent per annum,] a rate which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually on January 1 and July 1 of each year.

 


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ê1981 Statutes of Nevada, Page 1414 (Chapter 637, SB 488)ê

 

The principal and interest must be payable at the place designated therein. Each bond must be of a denomination of not less than $100 nor more than $1,000, and must be signed by the president and secretary, and the seal of the district affixed thereto. Coupons attached to each bond must be signed by the secretary. The bonds must express on their face that they were issued by the authority of this chapter, naming it, and must also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.

      2.  In case the money raised by the sale of all the bonds is insufficient for the completion of the plans and works adopted, and additional bonds are not voted, the board of directors shall provide for the completion of the plan by levy or assessment therefor; but when the money obtained by any previous issue of bonds has become exhausted by expenditures authorized by this chapter, and it becomes necessary to raise additional [moneys] money to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose. [, which election shall] The election must be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue of bonds.

      3.  The lien for taxes for the payment of interest and principal of any bond series [must be] is a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to vote by the electors of the district at the election authorizing the bonds.

      Sec. 36.  NRS 309.332 is hereby amended to read as follows:

      309.332  1.  To carry out the purposes of this chapter, the board [is authorized to] may issue the following types of securities:

      (a) Short-term notes, warrants and interim debentures;

      (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

      (c) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge and lien on net revenues;

      (d) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or other special assessments, which payment is secured by a pledge of and lien on such net revenues; or

      (e) Any combination of such securities.

      2.  Interest coupons thereon [shall] must bear the facsimile signature of the president of the board.

      3.  The form and terms of the general obligation bonds, including provisions for their payment and redemption, [shall] must be determined by the board. If the board so determines, [such] the bonds may be redeemable [prior to] before maturity upon payment of a premium [,] not exceeding 9 percent of the principal thereof.

      Sec. 37.  NRS 315.630 is hereby amended to read as follows:

      315.630  By resolution, an authority may authorize bonds. The resolution, its trust indenture or mortgage may provide for:

 


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ê1981 Statutes of Nevada, Page 1415 (Chapter 637, SB 488)ê

 

      1.  The issuance of bonds in one or more series.

      2.  The date the bonds [shall] must bear.

      3.  The date of maturity.

      4.  The interest rate [, not exceeding 9 percent per annum.] or rates, which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      5.  The denomination of the bonds.

      6.  The form of the bonds, either coupon or registered.

      7.  The conversion or registration privileges which the bonds [shall] must carry.

      8.  The rank or priority of the bonds.

      9.  The manner of execution of the bonds.

      10.  The medium of payment in which the bonds are payable.

      11.  The place of payment.

      12.  The terms of redemption, with or without premium.

      Secs. 38 through 40.  (Deleted by amendment.)

      Sec. 41.  NRS 354.440 is hereby amended to read as follows:

      354.440  1.  Whenever any governing [board] body of any local government is authorized to enter into short-term financing as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.

      2.  The negotiable notes or bonds must:

      (a) Mature not later than 5 years [from] after the date of issuance.

      (b) Bear interest [not to exceed 9 percent per annum.] at a rate or rates which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      (c) Be redeemable at the option of [such] the local government at any time when money is available in the special tax fund provided for in NRS 354.460, upon such terms as the governing [board] body determines.

      Sec. 42.  NRS 355.130 is hereby amended to read as follows:

      355.130  1.  By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance [is empowered to] may lend any available [moneys] money in the state treasury, other than [those] that in the state permanent school fund and [those in] the state insurance fund, to local governments situated within the boundaries of the State of Nevada. Such loans [shall] must be made only to local governments [that] which have observed the regulations and followed the procedure for obtaining short-term financing set forth in chapter 354 of NRS. Such loans [shall] must be made for a period of not longer than 5 years and [shall] must bear interest at [the rate of not to exceed 9 percent per annum.] a rate which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      2.  In making loans to local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.

 


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ê1981 Statutes of Nevada, Page 1416 (Chapter 637, SB 488)ê

 

      Sec. 43.  NRS 396.850 is hereby amended to read as follows:

      396.850  Except as herein otherwise provided and as otherwise provided in any other act the provisions of which are relevant by express reference herein thereto, any securities issued hereunder [shall] must be:

      1.  In such form;

      2.  Issued in such manner, at, above or below par at such a discount, not exceeding 9 percent of the principal amount of the securities, at public or private sale, and at a price which will result in an effective interest rate [of not more than 9 percent per annum;] which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted; and

      3.  Issued with such recitals, terms, covenants, conditions and other provisions,

as may be provided by the board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.

      Sec. 44.  NRS 396.852 is hereby amended to read as follows:

      396.852  1.  As the board may determine, any bonds and other securities issued hereunder (except as herein otherwise provided) [shall:] must:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code—Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the board, but not exceeding 50 years from their date;

      (d) Bear interest at a rate or rates [of not more than 9 percent per annum,] which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, the interest on each bond to be payable annually, semiannually, or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;

      (e) Be made payable in lawful money of the United States, at the office of the treasurer of the university or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the board; and

      (f) Be printed at such place within or without this state, as the board may determine.

      2.  Any bonds issued hereunder [shall] must have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such a manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.

      Sec. 45.  NRS 396.854 is hereby amended to read as follows:

      396.854  The board may provide for the redemption of any or all of the bonds or other securities [prior to] before maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 9 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the board in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.

 


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ê1981 Statutes of Nevada, Page 1417 (Chapter 637, SB 488)ê

 

amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the board in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.

      Sec. 46.  NRS 396.869 is hereby amended to read as follows:

      396.869  1.  Pledged revenues and other [moneys,] money, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued [for the purpose of securing] to secure the payment of interim debentures, or any combination thereof, may be pledged [for the purpose of securing] to secure the payment of interim debentures.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures [shall] mature at such time or times as the board may determine, but in no event exceeding 50 years from the dates of such bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.

      3.  Any bonds pledged as collateral security [shall] must not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of [such] the bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [9 percent per annum.] by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      Sec. 47.  NRS 396.874 is hereby amended to read as follows:

      396.874  1.  No bonds may be refunded hereunder unless they have been outstanding for at least 1 year [from] after the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years [from] after the date of issuance of the refunding bonds. Provision [shall] must be made for paying the securities within [such period of time.] that period.

      2.  [No] The maturity of any bond refunded may not be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate [exceeding 9 percent per annum.] which exceeds by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      3.  The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent.

      4.  The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      Secs. 48 and 49.  (Deleted by amendment.)

 


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ê1981 Statutes of Nevada, Page 1418 (Chapter 637, SB 488)ê

 

      Sec. 50.  NRS 539.277 is hereby amended to read as follows:

      539.277  1.  When a contract has been or may hereafter be made with the United States, bonds of the district may be transferred to or deposited with the United States, if so provided by the contract and authorized as set forth in this chapter, at not less than 95 percent of their par value to the amount or any part thereof to be paid by the district to the United States.

      2.  The interest or principal, or both, of the bonds [shall] must be raised by assessment and levy as prescribed in this chapter and [shall] be regularly paid to the United States and applied as provided in the contract.

      3.  Bonds transferred to or deposited with the United States may call for the payment of such interest, [not exceeding 9 percent per annum,] which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, may be of such denomination, and may call for the repayment of the principal at such times as may be agreed upon between the board and the Secretary of the Interior.

      Sec. 51.  NRS 539.280 is hereby amended to read as follows:

      539.280  1.  The contract with the United States may likewise call for the payment of the amount or amounts or any part thereof to be paid by the district to the United States at such times and in such installments and with such interest charges [not exceeding 9 percent per annum] , which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which is in effect at the time the agreement is made, as may be agreed upon, and for assessment and levy therefor as provided in this chapter.

      2.  The obligations of such contract [shall be] are a prior lien to any subsequent bond issue.

      Sec. 52.  NRS 539.375 is hereby amended to read as follows:

      539.375  1.  The board of directors of the district may:

      (a) Incur an indebtedness not exceeding, in the aggregate, the sum of $1,500, and not exceeding the estimated cost of preliminary surveys and engineering data; and

      (b) Cause warrants of the district to issue therefor, bearing interest at [not exceeding 9 percent per annum.] a rate or rates which do not exceed by more than 3 percent more than the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

      2.  The directors of the district [shall have the power to] may levy an assessment on all the lands in [such] a division benefited by such proposed improvements, in addition to any district assessment on the lands within [such] the division, for the payment of [such] the expenses and the redemption of [such] the warrants.

      Sec. 53.  NRS 539.427 is hereby amended to read as follows:

      539.427  The board of directors [shall have power to] may prepare plans and estimates of the cost of such a proposed improvement and [to] determine the manner in which the cost of [such] the improvement [shall] must be provided for. For this purpose the board of directors may propose the issuance of bonds, notes or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing [not more than 9 percent interest per annum,] interest at a rate which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually, and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe.

 


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ê1981 Statutes of Nevada, Page 1419 (Chapter 637, SB 488)ê

 

directors may propose the issuance of bonds, notes or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing [not more than 9 percent interest per annum,] interest at a rate which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually, and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe.

      Sec. 54.  NRS 539.465 is hereby amended to read as follows:

      539.465  1.  If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the department of taxation, the board of directors of the irrigation district shall call an election in the improvement district for the purpose of authorizing the issuance of such funding or refunding bonds.

      2.  Such [election shall] an election must be called and held and the result of the election determined and declared substantially in the same manner as provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only is required for the authorization of such funding or refunding bonds.

      3.  The majority or maturities of the funding or refunding bonds [shall] must be fixed by the board of directors of the irrigation district, subject to the approval of the department of taxation, but in no case may the maturity of any of the bonds be more than 40 years from the date thereof. The rate or rates of interest on such bonds, [shall not exceed 9 percent per annum] must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.

      Sec. 55.  NRS 539.480 is hereby amended to read as follows:

      539.480  1.  For the purpose of organization [,] or [for] any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of $50,000, nor in any event exceeding $1 per acre, and may cause warrants of the district to issue therefor, bearing interest [at not to exceed 9 percent per annum.] which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted. The [directors] board may levy an assessment of not [to exceed] more than $1 per acre on all lands in the district for the payment of such expenses.

      2.  Thereafter the [directors] board may levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter of not [to exceed] more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments must be collected as provided in this chapter for the collection of other assessments.

      Sec. 55.3.  Section 4 of Senate Bill No. 14 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 4.  NRS 539.480 is hereby amended to read as follows:

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1420 (Chapter 637, SB 488)ê

 

       539.480  1.  For the purposes of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of [$50,000,] $180,000, nor in any event exceeding [$1] $2 per acre, and may cause warrants of the district to issue therefor, bearing interest which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment of not more than [$1] $2 per acre on all lands in the district for the payment of such expenses.

       2.  Thereafter the board may levy an annual assessment, [annually,] in the absence of assessments therefor under any of the other provisions of this chapter, of not more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. [Such assessments] The assessment must be collected as provided in this chapter for the collection of other assessments.

 

      Sec. 55.5.  NRS 539.547 is hereby amended to read as follows:

      539.547  1.  Notice of the election must be given by:

      (a) Posting notices in three public places in each election precinct in the district not less than 15 nor more than 20 days before the date of election; and

      (b) Publication thereof for 3 weeks in some newspaper published in the county where the district was organized.

      2.  The notice shall specify:

      (a) The time of holding the election.

      (b) The amount of bonds proposed to be issued.

      (c) The maximum rate of interest.

      (d) In substance that such plans and estimates as have been made are on file for inspection by the electors of the district at the office of the board.

      Sec. 56.  NRS 539.607 is hereby amended to read as follows:

      539.607  1.  If any installment of taxes has been levied for the payment of any outstanding bonds or interest of any irrigation district, the board of directors [is authorized to] may issue notes bearing a rate of interest [not exceeding 8 percent per annum, which notes shall] which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted. The notes must be payable out of the installment of taxes so levied and [shall] must not be in excess of 75 percent of the levy. The proceeds derived from such notes [shall] may be used only for the purpose of meeting the obligation of the district for which the tax was levied.

      2.  If the proceeds of [such] the taxes are insufficient, through delinquency or uncollectibility of taxes or other cause, to pay, when due, all the lawful debts for which [such] the taxes were levied, the board of directors [is authorized and directed to] shall levy and collect in the next succeeding year a special tax in addition to all other taxes in an amount sufficient to pay all of such lawfully contracted indebtedness, and may borrow as provided in this section in anticipation of such tax to pay off any such lawfully contracted indebtedness.

 


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ê1981 Statutes of Nevada, Page 1421 (Chapter 637, SB 488)ê

 

amount sufficient to pay all of such lawfully contracted indebtedness, and may borrow as provided in this section in anticipation of such tax to pay off any such lawfully contracted indebtedness.

      Sec. 57.  NRS 539.620 is hereby amended to read as follows:

      539.620  The board of directors may, with the approval of the department of taxation, fix and determine otherwise than as provided in NRS 539.617 the time for the issuance and maturity of the bonds, the manner, method, terms and conditions of their payment, and provide for the calling and redeeming of the bonds before maturity at a premium not in excess of 9 percent above par; but in no case may the maturity of any bond be more than 50 years [from] after the date thereof.

      Sec. 58.  NRS 539.630 is hereby amended to read as follows:

      539.630  The bonds [shall] must bear interest at [the rate of not to exceed 9 percent per annum] a rate or rates which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually on January 1, and July 1 of each year.

      Sec. 59.  NRS 543.710 is hereby amended to read as follows:

      543.710  1.  To carry out the purposes of NRS 543.160 to 543.830, inclusive, the board [is authorized to] may issue general obligation negotiable coupon bonds of the district.

      2.  Bonds [shall:] must:

      (a) Bear interest at a rate [not exceeding 9 percent per annum,] or rates which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.

      (b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 40 years from date.

      (c) Be in such denominations as the board determines and the bonds and coupons thereto attached [shall] must be payable to bearer.

      (d) Be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board.

      3.  Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, [provided that] but at least one signature required or permitted to be placed thereon [shall] must be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. Interest coupons [shall] must bear the original or facsimile signature of the chairman of the board.

      4.  The form and terms of the bonds, including provisions for their payment and redemption, [shall] must be determined by the board. If the board so determines, [such] the bonds may be redeemable [prior to] before maturity upon payment of a premium, not exceeding 9 percent of the principal thereof.

      Sec. 59.5.  NRS 543.730 is hereby amended to read as follows:

      543.730  The board shall prescribe the form of the notice of election, and direct the publication of the same, the first publication of the notice to be not less than 15 days prior to the election.

 


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ê1981 Statutes of Nevada, Page 1422 (Chapter 637, SB 488)ê

 

to be not less than 15 days prior to the election. The notice must include the maximum rate of interest to be paid.

      Sec. 60.  NRS 704A.310 is hereby amended to read as follows:

      704A.310  1.  For the purpose of paying any contractor or otherwise defraying any costs as they become due from time to time until [moneys are] money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.

      2.  Any interim warrants [shall bear] must:

      (a) Bear such date or dates; [, shall mature]

      (b) Mature in such a denomination or denominations at such time or times, or at any time upon call; [, shall bear]

      (c) Bear interest at such a rate or rates [not exceeding 8 percent per annum, and shall be] , which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted; and

      (d) Be payable in such a medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer,

as the governing body may determine.

      3.  Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be special obligations payable from designated special assessments, any bond proceeds, and any other [moneys] money designated to be available for the redemption of [such] the interim warrants, and generally [shall] must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.

      Secs. 61 through 64.  (Deleted by amendment.)

      Sec. 65.  Section 26 of the Mineral County Power System Revenue Bond Law, being chapter 169, Statutes of Nevada 1961, at page 261, is hereby amended to read as follows:

 

       Sec. 26.  Revenue bonds [shall] must not bear interest at a rate [exceeding 6 percent per annum.] which exceeds by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

 

      Sec. 66.  Section 27 of the Mineral County Power System Revenue Bond Law, being chapter 169, Statutes of Nevada 1961, at page 261, is hereby amended to read as follows:

 

       Sec. 27.  1.  Any revenue bonds herein authorized to be issued shall bear such date or dates, shall mature in such denomination or denominations at such time or times but in no event exceeding 40 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually, or at such lesser interval or intervals as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity at such time or times without or with the payment of such premium or premiums not exceeding [5] 9 percent of the principal amount of each bond so redeemed.

 


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ê1981 Statutes of Nevada, Page 1423 (Chapter 637, SB 488)ê

 

treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity at such time or times without or with the payment of such premium or premiums not exceeding [5] 9 percent of the principal amount of each bond so redeemed.

       2.  Any ordinance authorizing the issuance of bonds may capitalize interest during any period of construction estimated by the board and 1 year thereafter, by providing for the payment of interest on the bonds from the proceeds thereof for such period or any part thereof.

       3.  Bonds may be issued with privileges for registration for payment as to principal or interest, or both, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

       4.  Pending preparations of the definitive bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.

       5.  Except for payment provisions herein specifically provided, such bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

       6.  Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:

       (a) Provide for the initial issuance of one or more bonds (in this subsection called “bond”) aggregating the amount of the entire issue.

       (b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.

       (c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.

       The board may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.

       7.  If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:

       (a) Proof of ownership;

       (b) Proof of loss or destruction;

       (c) A surety bond in twice the face amount of the bond and coupons; and

       (d) Payment of the cost of preparing and issuing the new bond.

       8.  Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.

 


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ê1981 Statutes of Nevada, Page 1424 (Chapter 637, SB 488)ê

 

the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.

       9.  Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.

       10.  Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.

       11.  The county treasurer may cause the county’s seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.

       12.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

       13.  Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.

       14.  The bonds may be repurchased by the county out of any funds available for such purpose at a price of not more than the principal amount thereof and accrued interest, plus the amount of the premium, if any, which might on the next redemption date of such bonds be paid to the holders thereof if such bonds should be called for redemption on such date pursuant to their terms, and all bonds so repurchased shall be canceled.

 

      Sec. 67.  Section 28 of the Mineral County Power System Revenue Bond Law, being chapter 169, Statutes of Nevada 1961, at page 263, is hereby amended to read as follows:

 

       Sec. 28.  1.  Any such revenue bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest, or at the board’s option below par at a discount not exceeding [5] 9 percent of the principal amount thereof and at a price which will not result in [a net interest cost to the county of more than 6 percent per annum computed to maturity according to standard tables of bond values.] an effective interest rate which exceeds by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

 


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ê1981 Statutes of Nevada, Page 1425 (Chapter 637, SB 488)ê

 

Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

       2.  No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

       3.  The board may employ legal, fiscal, engineering and other expert services in connection with the acquisition or improvement of any project or facilities and the authorization, issuance and sale of bonds.

 

      Sec. 68.  Section 20 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 32, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 20.  [The authority may enter into short-term financing in compliance with NRS 354.430 to 354.460, inclusive, and 354.618, except that the securities may bear interest at a rate which does not exceed 12 percent per annum.] The authority, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Washoe County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.

 

      Sec. 69.  Section 25 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 668, Statutes of Nevada 1979, at page 1649, is hereby amended to read as follows:

 

       Sec. 25.  1.  Subject to the limitations and other provisions in this act, the board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsections 3, 4 and 5:

       (a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

       (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

       (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes, which payment is secured by a pledge of and lien on such net revenues; or

       (d) Any combination of such securities.

       2.  Nothing in this act prevents the authority from funding, refunding or reissuing any outstanding securities of the authority of a type designated in subsection 1 as provided in the Local Government Securities Law.

       3.  General obligation or revenue bonds may be sold for not less an 90 percent of their face amount and for an [interest coupon] effective rate [of not to exceed 9 percent per annum, without regard to effective interest rate.]

 


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ê1981 Statutes of Nevada, Page 1426 (Chapter 637, SB 488)ê

 

effective rate [of not to exceed 9 percent per annum, without regard to effective interest rate.] which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

       4.  General obligation bonds, regardless of whether their payment is additionally secured by a pledge of and lien on net revenues, must be sold as provided in the Local Government Securities Law.

       5.  Revenue bonds may be sold at public sale as provided in the Local Government Securities Law or sold at private sale.

 

      Secs. 70 through 72.  (Deleted by amendment.)

      Sec. 73.  Section 46 of chapter 120, Statutes of Nevada 1969, as last amended by chapter 522, Statutes of Nevada 1975, at page 890, is hereby amended to read as follows:

 

       Sec. 46.  1.  As an alternative means to obtain funds for the accomplishment of any of its corporate purposes, the district shall also have the power to borrow money and to issue and sell notes, in either negotiable or nonnegotiable form, to evidence the indebtedness created by such borrowing whenever the board determines that the public interest and necessity require the exercise of that power. Such notes may be issued and sold from time to time as the board determines at either public or private sale; provided, however, that such notes shall not be issued in a principal amount which exceeds the amount of any unused balance of indebtedness authorized by vote of the qualified electors of the district and not otherwise incurred; and provided further that any note issued hereunder shall mature not later than 5 years from its date. [; and provided further that the] The maximum rate of interest upon any such not shall not exceed [9 percent per annum.] by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted. Notes authorized pursuant to this section shall be in such form and amount as the board shall determine and set forth in its resolution providing for the issuance of the notes. Any such notes may be refunded in the manner prescribed by Section 16i.

       2.  Notes issued pursuant to this section shall be issued as the general obligations of the district, for the payment of which the full faith, credit and resources of the district are pledged, and it shall be the duty annually of the governing body to provide for the levy of taxes on all taxable property in the district (subject to pertinent existing constitutional restrictions) fully sufficient in conjunction with other available income and revenues of the district to assure the prompt payment of principal and interest as they fall due. The governing body of the district shall in each year in due season, prior to the time when county taxes are levied by the board of county commissioners, determine the amount of taxes, if any, which are necessary to be levied on the taxable property in such district for such year, for the purpose of supplementing other revenues of the district available for the payment of principal and interest of any general obligation bond issues or notes issued pursuant to this section; and prior to the date on which the board of county commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of the board of county commissioners the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year.

 


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ê1981 Statutes of Nevada, Page 1427 (Chapter 637, SB 488)ê

 

any general obligation bond issues or notes issued pursuant to this section; and prior to the date on which the board of county commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of the board of county commissioners the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year. The board of county commissioners shall at the time of making the levy of county taxes for that year levy the tax so certified upon all taxable property in the district. Such tax when levied shall be entered upon the assessment rolls and collected in the same manner as state and county taxes and the proceeds thereof shall be paid to the treasurer of the district to be used for the purposes for which the tax was levied. All taxes levied as herein provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the board of county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee or compensation shall be paid to any officer for carrying out the provisions of this section. In the event that the total taxes requested to be levied in any 1 year by the district and the political subdivision which overlap it should exceed 50 mills and reduction thereof shall become necessary by reason of the restriction contained in section 2 of article 10 of the constitution of the State of Nevada, the board charged with the duty of making such reductions and allocations is hereby required to allocate to the district sufficient taxes to assure the payment to the district of money sufficient to make certain the prompt payment of and interest on any note of the district which may have been issued with the pledge of the full faith, credit and resources of the district; and where notes have been so issued, the district shall be regarded as a political subdivision of the State of Nevada for the purposes of NRS 350.250, and the provisions of NRS 350.250 shall be applicable to the district.

       3.  The provisions of law regarding the general obligation bond commission (NRS 350.001 to 350.006, inclusive) shall not apply to notes issued pursuant to this section.

       4.  The authority granted by this section shall not be construed as a continuing revolving authorization to issue such notes but rather is authority only to issue notes in lieu of the bonds previously authorized. The issuance of notes pursuant to this section exhausts, to the extent of their principal amount, any unused balance of indebtedness authorized by vote of the qualified electors of the district.

 

      Sec. 74.  Section 11 of chapter 164, Statutes of Nevada 1947, at page 542, is hereby amended to read as follows:

 

       Sec. 11.  Terms and Provisions of Bonds.  The bonds of the district, hereinabove referred to and authorized to be issued by ordinance, as provided in section 10 of this act, shall be of such series, bear such date or dates, mature at such time or times, not exceeding twenty-five (25) years from their respective dates, bear interest at such rate or rates [not exceeding six percent (6%) per annum.]

 


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ê1981 Statutes of Nevada, Page 1428 (Chapter 637, SB 488)ê

 

bear such date or dates, mature at such time or times, not exceeding twenty-five (25) years from their respective dates, bear interest at such rate or rates [not exceeding six percent (6%) per annum.] , which must not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable at such time, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and callability, and be entitled to such priorities in the revenues or receipts of such district as [such] the ordinance may provide. The bonds shall be signed by such officers as the district shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the district, all as may be prescribed in such ordinance. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds, or the treasurer whose facsimile signature shall be upon the coupon or any thereof, shall have ceased to be such officer or officers at the time when such bonds shall actually be delivered.

       Said bonds may be sold at public or private sale, for such price or prices as the board of directors shall determine. [; provided, that the] The interest cost to maturity of the money received for any issue of said bonds shall not exceed [six percent (6%) per annum.] by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted. Pending the preparation of the definitive bonds, interim receipts may be issued to the purchaser or purchasers of such bonds, and may contain such terms and conditions as the board of directors may determine.

       The district may enter into any deeds of trust, indentures, or other agreements with any bank or trust company or other person or persons in the United States having power to enter into the same, including any federal agency, as security for such bonds, and may assign and pledge all or any of the revenues or receipts of the district thereunder. Such deed of trust, indenture, or other agreement may contain such provisions as may be customary in such instruments or as the board of directors may authorize, including (but without limitation) provisions as to (1) the construction, improvement, operation, maintenance, and repair of any project and the duties of the district with reference thereto, (2) the application of funds and the safeguarding of funds on hand or on deposit, (3) the rights and remedies of said trustee and the holders of the bonds (which may include restrictions upon the individual right of action of such bondholders), and (4) the terms and provisions of the bonds or the ordinance authorizing the issuance of the same.

       Said bonds shall have all the qualities of negotiable instruments under the law merchant and the negotiable instruments law of the State of Nevada.

 


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ê1981 Statutes of Nevada, Page 1429 (Chapter 637, SB 488)ê

 

      Sec. 75.  NRS 244A.271, 271.510 and 704A.540 are hereby repealed.

      Sec. 76.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 638, SB 492

Senate Bill No. 492–Committee on Commerce and Labor

CHAPTER 638

AN ACT relating to banks; authorizing the superintendent to regulate bank holding companies and to approve the consolidation, conversion or merger of a state bank and a national bank; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 665 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, “bank holding company” means:

      1.  Any company:

      (a) Which directly or indirectly owns, controls or holds at least 25 percent of the voting stock of each of two or more banks;

      (b) Which controls the election of a majority of the directors of each of two or more banks; or

      (c) For whose benefit or the benefit of whose stockholders at least 25 percent of the voting stock of each of two or more banks is held by one or more trustees; or

      2.  Any bank:

      (a) Which directly or indirectly owns, controls or holds at least 25 percent of the voting stock of one or more banks other than itself; or

      (b) Which controls the election of a majority of the directors of one or more banks other than itself.

A bank is not a bank holding company if its ownership or control of stock is in a fiduciary capacity, unless the stock is held for the benefit of the bank or its officers or directors.

      3.  For the purposes of this definition, any successor to a bank holding company shall be deemed to be a bank holding company from the date as of which the predecessor company became a bank holding company.

      Sec. 3.  1.  Each bank holding company doing business in this state, directly or through a subsidiary bank, shall file a registration report with the superintendent which must contain:

      (a) A full statement of the general financial condition of the company; and

      (b) A description of the operation, management and intercompany relationships of the company.

 


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ê1981 Statutes of Nevada, Page 1430 (Chapter 638, SB 492)ê

 

      2.  Each bank holding company shall file a registration report no later than January 1, 1982, and annually thereafter.

      Sec. 4.  1.  The superintendent shall make a thorough examination of and into the affairs of every bank holding company and every banking subsidiary thereof doing business in this state upon the filing of their respective annual reports.

      2.  The superintendent shall, if possible, utilize the reports of examinations made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System.

      3.  The expense of the examination must be borne by the bank holding company being examined.

      Sec. 5.  NRS 666.035 is hereby amended to read as follows:

      666.035  1.  A state bank may, with the approval of the superintendent, consolidate, convert into or merge with a national bank upon the vote of the holders of two-thirds of each class of voting stock of the state bank.

      2.  The superintendent shall not approve any consolidation, conversion or merger under this section which would:

      (a) Result in a monopoly or which would further any attempt to monopolize the business of banking in this state; or

      (b) Substantially lessen competition or be in restraint of trade, unless the superintendent finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the probable success of the transaction in meeting the needs of the community to be served.

In every case, the superintendent shall consider the financial and managerial resources and the future prospects of the company or companies and the banks concerned, and the convenience and the needs of the community to be served.

      3.  Except as provided in subsection [4,] 5, the rights and liabilities of a state bank which consolidates, converts into or merges with a national bank, and the rights and liabilities of its stockholders, [shall be] are the same as the rights and liabilities prescribed by the law of the United States for national banks and their stockholders at the time of [such] the consolidation, conversion or merger.

      [3.  Upon such] 4.  Upon consolidation, conversion or merger, the resulting national bank [shall be] becomes the same business as each consolidating, converting or merging bank, with all the property rights, power and duties of each consolidating, converting or merging bank, except as affected by the law of the United States and by the charter and bylaws of the resulting bank. Any reference to a consolidating, converting or merging bank in any writing, whether executed or which takes effect before or after the consolidation, conversion or merger, is applicable to the resulting bank if not inconsistent with the other provisions of [such] that writing.

      [4.]5.  The holders of shares of the stock of a state bank which were voted against a consolidation or merger into a national bank are entitled to receive their value in cash, if and when the consolidation or merger becomes effective, upon written demand made to the resulting national bank at any time within 30 days after the effective date of the consolidation or merger, accompanied by the surrender of the stock certificate or certificates.

 


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ê1981 Statutes of Nevada, Page 1431 (Chapter 638, SB 492)ê

 

certificates. The value of such shares [shall] must be determined, as of the date of the meeting of the stockholders approving the consolidation or merger, by three appraisers, one to be selected by the owners of two-thirds of the dissenting shares involved, one by the board of directors of the resulting national bank, and the third by the two so chosen. The valuation agreed upon by any two appraisers [shall govern.] governs. If the appraisal is not completed within 90 days after the consolidation or merger becomes effective, the Comptroller of the Currency shall cause an appraisal to be made.

      [5.]6.  The amount fixed as the value of the shares of stock of the consolidating or merging bank at the time of the meeting of the stockholders approving the consolidation or merger, and the amount fixed by the appraisal as provided by subsection [4,] 5, where the fixed value is not accepted, [shall] constitute a debt of the resulting national bank.

      [6.]7.  Upon the completion of [such] the consolidation, conversion or merger, the license to operate as a state bank [shall automatically terminate.] automatically terminates.

      Sec. 6.  NRS 666.045 is hereby amended to read as follows:

      666.045  1.  Any national bank doing business in this state may, with the approval of the superintendent, merge or consolidate with a state bank or incorporate as a state bank as provided in this Title for the organization of banks.

      2.  The superintendent shall, when approving or rejecting the proposed merger or consolidation, base his decision on the considerations provided in NRS 666.035.

      3.  The superintendent may accept good assets of [such] the national bank, at their actual cash value, in lieu of cash payments for the stock of [such] the state bank.

 

________

 

 

CHAPTER 639, SB 495

Senate Bill No. 495–Committee on Commerce and Labor

CHAPTER 639

AN ACT relating to financial enterprises; permitting a collection agency and a company engaged in the business of debt adjusting to pledge certain assets in lieu of purchasing a bond; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 649 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  An applicant for a license may deposit with any bank or trust company authorized to do business in this state, with the permission of the superintendent, as a substitute for the surety bond required by NRS 649.105:

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

 

 


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ê1981 Statutes of Nevada, Page 1432 (Chapter 639, SB 495)ê

 

States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this state or any city, county, town, school district or other instrumentality of this state or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.

The deposit must be in a form approved by the superintendent.

      2.  The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond. With the approval of the superintendent, the depositor may substitute other suitable obligations for those deposited which must be assigned to the State of Nevada and are negotiable only upon approval by the superintendent.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the required surety bond and must state that the amount may not be withdrawn except by direct and sole order of the superintendent.

      Sec. 2.  NRS 649.105 is hereby amended to read as follows:

      649.105  1.  The applicant for a license shall file with the superintendent, concurrently with the application for license, a bond in the sum of $10,000, or an appropriate substitute pursuant to section 1 of this act, which [shall] must run to the State of Nevada. The bond [shall] must be made and executed by the principal and surety company authorized to write bonds in the State of Nevada.

      2.  The bonds [shall] must be conditioned:

      (a) That the principal, who [shall] must be the applicant and who [shall] must have been a resident of the State of Nevada for at least 6 months [prior to] before the application, shall, [and will,] upon demand in writing, pay and turn over to or for the use of any customer from whom any claim is taken or received for collection the proceeds of the collection, in accordance with the terms of the agreement made between the principal and the customer; and

      (b) That the principal will comply with all requirements of this or any other statute [now in force or hereafter enacted] with respect to the duties, obligations and liabilities of collection agencies.

      Sec. 3.  Chapter 676 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  An applicant for a license may deposit with any bank or trust company authorized to do business in this state, with the permission of the superintendent, as a substitute for the surety bond required by NRS 676.130:

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.

 


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ê1981 Statutes of Nevada, Page 1433 (Chapter 639, SB 495)ê

 

state, in an aggregate amount, based upon principal amount or market value, whichever is lower.

The deposit must be in a form approved by the superintendent.

      2.  The obligation of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond. With the approval of the superintendent, the depositor may substitute other suitable obligations for those deposited which must be assigned to the State of Nevada and are negotiable only upon approval by the superintendent.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the required surety bond and must state that the amount may not be withdrawn except by direct and sole order of the superintendent.

      Sec. 4.  NRS 676.130 is hereby amended to read as follows:

      676.130  At the time of making the application, the applicant shall:

      1.  Pay to the superintendent [the sum of] $100 as a fee for investigation of the application and [the sum of] $200 as a license fee for each office, which [shall satisfy] satisfies the fee requirement for the period ending on the last day of the current calendar year.

      2.  Furnish and maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety company approved by the superintendent, in the amount of $10,000, or an appropriate substitute pursuant to section 3 of this act, conditioned upon the faithful accounting of all [moneys] money collected upon accounts and entrusted to the licensee, or its employees or agents.

      3.  Provide a blank copy of the debt-adjustment contract which will be used by the licensee in its business.

 

________

 

 

CHAPTER 640, SB 497

Senate Bill No. 497–Committee on Finance

CHAPTER 640

AN ACT relating to state welfare administration; providing for the immediate effectiveness of regulations, standards and policies under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 422.140 is hereby amended to read as follows:

      422.140  1.  The board has only those powers and duties authorized by law.

      2.  The board:

      (a) Shall adopt regulations for its own management and government.

      (b) May formulate standards and policies and adopt regulations authorized by law for the administration of the programs for which the welfare division is responsible.

 


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ê1981 Statutes of Nevada, Page 1434 (Chapter 640, SB 497)ê

 

welfare division is responsible. Every such standard, policy, rule or regulation [shall] must be so formulated or conditioned that it does not require for its operation throughout a fiscal year the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which it applies.

      (c) Shall advise and make recommendations to the director or the legislature relative to the public welfare policy of the state.

      3.  The administrator shall execute and enforce the decisions of the board.

      4.  The administrator may formulate standards and policies and propose regulations to administer welfare division programs. [A] Except as provided in this subsection, a regulation, standard or policy [shall] does not become effective unless it is approved by the board. A regulation, standard or policy which the director of the department of administration and the administrator determines is necessary to avoid the expenditure of any money beyond the amounts appropriated or authorized by the legislature for the fiscal year to which the regulation, standard or policy applies, may become effective without the approval of the board.

 

________

 

 

CHAPTER 641, SB 508

Senate Bill No. 508–Committee on Government Affairs

CHAPTER 641

AN ACT relating to water; creating the Colorado River commission; abolishing the division of Colorado River resources of the department of energy and transferring its functions to the commission; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Section 2 of chapter 103, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       1.  Based upon the public interest and the economic welfare of the State of Nevada, the state engineer may approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.

       2.  The state engineer shall not approve any application or issue any permit to appropriate the waters of the Colorado River held in trust by the [division of] Colorado River [resources of the department of energy] commission except after approval of the application by the [administrator of that division. The administrator] commission. The commission and the state engineer may adopt such joint resolutions as may be necessary for the purpose of carrying out the provisions of this subsection.

 


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ê1981 Statutes of Nevada, Page 1435 (Chapter 641, SB 508)ê

 

      Sec. 2.  Chapter 538 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.

      Sec. 3.  1.  The commission shall appoint a director.

      2.  The director is in the unclassified service of the state and is entitled to receive an annual salary and the per diem expense allowance and travel expenses as provided by law.

      3.  The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 4.  The director:

      1.  Is responsible for administering and carrying out the policies of the commission.

      2.  Shall direct and supervise all the technical and administrative activities of the commission.

      3.  Shall report to the commission all relevant and important matters concerning the administration of his office. He is subject to the supervision of the commission and is responsible, unless otherwise provided by law, for the conduct of the administrative function of the commission’s office.

      4.  Shall perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter, NRS 321.390 to 321.470, inclusive, NRS 321.480 to 321.536, inclusive, NRS 538.010 to 538.251, inclusive, and any other provisions of law relating to the powers and duties of the commission.

      Sec. 5.  1.  The director shall appoint a deputy director and shall designate his duties.

      2.  The deputy director of the commission is in the unclassified service of the state and is entitled to receive an annual salary and the per diem expense allowance and travel expenses as provided by law.

      3.  The deputy director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 6.  NRS 538.041 is hereby amended to read as follows:

      538.041  As used in sections 3 to 5, inclusive, of this act and NRS 538.041 to 538.251, inclusive:

      1.  [“Administrator” means the administrator of the division of Colorado River resources.

      2.]  “Commission” means the Colorado River [advisory] commission.

      [3.]2.  “Commissioner” means a commissioner of the Colorado River commission.

      3.  “Director” means the director of the [department of energy.

      4.  “Division” means the division of Colorado River resources of the department of energy.] Colorado River commission.

      Sec. 7.  NRS 538.051 is hereby amended to read as follows:

      538.051  [1.]  The Colorado River [advisory] commission, consisting of five members appointed by the governor, is hereby created.

      [2.  The commission shall be informed on all matters of legislation and administration affecting the Colorado River and its tributaries and shall advise the administrator.]

 


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ê1981 Statutes of Nevada, Page 1436 (Chapter 641, SB 508)ê

 

      Sec. 8.  NRS 538.061 is hereby amended to read as follows:

      538.061  1.  The governor shall appoint members to the commission who:

      (a) Are residents of [the State of Nevada] this state and of a county served by the [division.] commission.

      (b) Have a general knowledge of the development of the Colorado River and its tributaries within [the State of Nevada.] this state.

      (c) Have general knowledge of the rights of [the State of Nevada] this state concerning the resources and benefits of the Colorado River.

      2.  Not more than three commissioners may be of the same major political affiliation.

      Sec. 8.5.  Section 1 of Senate Bill No. 699 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Section 1.  NRS 538.061 is hereby amended to read as follows:

       538.061  1.  The governor shall appoint four members to the commission who [:

       (a) Are] are residents of this state and of a county served by the commission [.

       (b) Have a general knowledge of the] and one member to represent the state at large who is a resident of this state and of a county whose residents do not receive electrical power which is generated with water from the Colorado River or its tributaries.

       2.  All members must have a general knowledge of:

       (a) The development of the Colorado River and its tributaries within this state [.

       (c) Have general knowledge of the] ; and

       (b) The rights of this state concerning the resources and benefits of the Colorado River.

       [2.]3.  Not more than three commissioners may be of the same major political affiliation.

 

      Sec. 8.7.  Section 2 of Senate Bill No. 696 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 2.  This act shall become effective on August 1, 1981, except that between July 1, 1981, and July 31, 1981, the governor may, but need not, appoint as a member of the Colorado River commission one person to represent the state at large who resides in this state outside the counties served by the Colorado River commission.

 

      Sec. 9.  NRS 538.101 is hereby amended to read as follows:

      538.101  1.  While engaged in official business of the commission, each commissioner [shall be] and employee of the commission is allowed $40 per day compensation and the per diem expense allowance and travel expenses provided by law.

      2.  The [administrator] director shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall [file the same with the state board of examiners for its action. Such] submit them for payment in the same manner as all other state claims. The bills and claims [shall] must be paid from the Colorado River [resources] commission fund.

 


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ê1981 Statutes of Nevada, Page 1437 (Chapter 641, SB 508)ê

 

      3.  The commission shall provide its members with industrial insurance through the Nevada industrial commission and shall budget and pay for the premiums for that insurance.

      Sec. 10.  NRS 538.111 is hereby amended to read as follows:

      538.111  At the first meeting of the commission in each calendar year, the commission shall select officers for the ensuing calendar year consisting of a chairman and vice chairman The [administrator] director shall provide necessary secretarial service for the commission.

      Sec. 11.  NRS 538.121 is hereby amended to read as follows:

      538.121  The principal place of business of the [division shall] commission must be in Clark County, as particularly determined by the [administrator.] director.

      Sec. 12.  NRS 538.131 is hereby amended to read as follows:

      538.131  1.  The commissioners shall meet at such times and in such places as [shall be] are designated by the chairman; but a majority of the commissioners may call a meeting of the commission at any time and place designated by them in a written notice thereof given all commissioners as provided in this subsection. Notice of all meetings [shall] must be given to each commissioner by the [administrator] director at least 5 days before each meeting. Any such notice may be waived by a commissioner or commissioners in writing. A meeting of the commissioner [shall] must be held at least quarterly.

      2.  A majority of the commissioners constitute a quorum for the transaction of business.

      Sec. 13.  NRS 538.141 is hereby amended to read as follows:

      538.141  The [administrator] director shall employ, pursuant to chapter 284 of NRS, such assistants and employees as may be necessary to carry out [the purposes of NRS 538.041 to 538.251, inclusive, and NRS 321.390 to 321.536, inclusive, into effect. Such] his functions and duties. The assistants and employees [shall] have such duties as may be prescribed by the [administrator.] director.

      Sec. 14.  NRS 538.151 is hereby amended to read as follows:

      538.151  The attorney general is the attorney for the commission. [and division.] He shall, with the approval of the commission, designate one or more of his deputies to conduct actions, proceedings and hearings for the commission. [The] A deputy so designated shall:

      1.  Advise the commission [and division] on all matters relating to [either agency;] the commission; and

      2.  Maintain an office in [Las Vegas,] Clark County, Nevada.

      Sec. 15.  NRS 538.161 is hereby amended to read as follows:

      538.161  The [administrator] commission shall:

      1.  Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to [the State of Nevada.] this state.

      2.  Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of facilities for the generation and transmission of electricity, both within and outside [the State of] Nevada, for the greatest possible benefit to [the State of] Nevada, for the greatest possible benefit to [the state of Nevada,] this state, and present such contracts, leases or agreements [through the director] to the governor for his information and approval.

 


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ê1981 Statutes of Nevada, Page 1438 (Chapter 641, SB 508)ê

 

contracts, leases or agreements [through the director] to the governor for his information and approval. The [administrator] commission may contract for the supply of electric energy to any corporation or cooperative created under the laws of [the State of Nevada] this state that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in [the State of] Nevada. If such a corporation or cooperative so requests, the [administrator] commission may contract to supply electric energy directly for the corporation or cooperative.

      3.  Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.

      4.  Render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.

      5.  Render friendly cooperation to, negotiate with and invited industries to locate within [the State of] Nevada.

      6.  Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.

      7.  Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. [, which] The agreements, compacts or treaties [, however, will not become] are not binding upon the State of Nevada until ratified and approved by the legislature and the governor of the State of Nevada.

      8.  Report [through the director] to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.

      9.  Cooperate with other states or federal agencies to establish, conduct and maintain power, water and irrigation projects.

      Sec. 16.  NRS 538.171 is hereby amended to read as follows:

      538.171  1.  The [administrator] commission may receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado River and to the power generated thereon held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.

 


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ê1981 Statutes of Nevada, Page 1439 (Chapter 641, SB 508)ê

 

      2.  Applications to appropriate such waters must be made in accordance with chapter 533 of NRS and are subject to approval by the [administrator] commission as set forth in NRS 533.370 and section 2 of [this act.] chapter 103, Statutes of Nevada 1981.

      Sec. 17.  NRS 538.181 is hereby amended to read as follows:

      538.181  1.  The [division] commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada, and may lease, sublease, let, sublet, contract, exchange or sell the power and water, including the transmission and other distribution services, on such terms as the [administrator] commission determines.

      2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the [administrator] commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.

      3.  The power and water must not be sold for less than the actual cost to the State of Nevada.

      4.  Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada [for a period of] at least once a week for 2 weeks; and the [administrator] commission shall require any person desiring to make objection thereto a file the objection with the [administrator] commission within 10 days after the date of the last publication of the notice. If any objection is filed [pursuant to such a notice, the administrator] , the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

      5.  The provisions of subsection 4 do not apply to:

      (a) Any contract by the [administrator] commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the [division] commission from a prearranged source and is secured by the holder for his own use; or

      (b) Any agreement by the [administrator] commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.

      6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale, either of the water or power [does not become] is not binding upon the State of Nevada until ratified and approved by the governor and, where required by the provisions of subsection 2 of NRS 538.211, until approved by the United States.

      7.  Notwithstanding any provision of chapter 704 of NRS, any purchase of power or water for distribution or exchange, and any subsequent distribution or exchange of [such] power or water by the [administrator] commission is not subject to regulation by the public service commission of Nevada.

 


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ê1981 Statutes of Nevada, Page 1440 (Chapter 641, SB 508)ê

 

distribution or exchange of [such] power or water by the [administrator] commission is not subject to regulation by the public service commission of Nevada.

      Sec. 18.  NRS 538.191 is hereby amended to read as follows:

      538.191  1.  Except as provided in subsections 2 and 3, all revenues derived from the sale, lease or use of water or power which become due and owing to the State of Nevada under any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, must be deposited with the state treasurer for credit to the Colorado River resources fund which is hereby created as a special revenue fund.

      2.  There is hereby created the Colorado River research and development fund as a special revenue fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as may, in the opinion of the [administrator,] commission, be necessary and proper for the protection of the interests of the [State of Nevada] this state in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after April 18, 1963, between the [division] commission and water or power users must be sufficient in amount to maintain the Colorado River research and development fund in addition to defraying the cost to the [division] commission of water and power delivered. When collected, these additional revenues must be deposited with the state treasurer for credit to the fund.

      3.  There is hereby created the Colorado River power and water fund as a special revenue fund. All transactions not accounted for in the Colorado River resources fund and the Colorado River research and development fund involving the purchase and subsequent sale of power and water must be accounted for in this fund. All revenues received must be deposited with the state treasurer for credit to this fund. Any balance in this fund on June 30 of each fiscal year must be transferred to the Colorado River resources fund the following fiscal year.

      4.  Money in the funds provided for in this section must be paid out on claims as other claims against the state are paid, after the claims have been approved by the [administrator.] commission.

      Sec. 19.  NRS 538.201 is hereby amended to read as follows:

      538.201  The [administrator] commission may adopt such [written rules and] regulations governing the procedure described in NRS 538.131 to 538.191, inclusive, as may be just and reasonable.

      Sec. 20.  NRS 538.211 is hereby amended to read as follows:

      538.211  1.  Notwithstanding anything in NRS 538.041 to 538.251, inclusive, to the contrary, the [administrator] commission may request, on behalf of the State of Nevada, from the Secretary of the Interior of the United States the installation of water service facilities or electrical generating machinery, equipment or transmission facilities, or any combination thereof, as the [administrator] commission deems necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and [he] it shall negotiate for, obtain, enter into and execute or cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry [the requests into effect.]

 


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ê1981 Statutes of Nevada, Page 1441 (Chapter 641, SB 508)ê

 

documents and instruments as are appropriate and requisite to carry [the requests into effect.] out of the requests.

      2.  In [the] those contracts, documents and instruments [referred to in subsection 1, the administrator] , the commission may:

      (a) Obligate the State of Nevada to repay the cost of water service facilities constructed by the United States;

      (b) Obligate the [division] commission to operate and maintain water service facilities constructed by the United States;

      (c) Sell Colorado River water, at wholesale, and deliver it through water service facilities constructed by the United States under contracts to be approved by the United States and upon charges which will yield to the [division] commission revenues sufficient to repay the costs of such facilities and their operation and maintenance and, in addition, the cost of the water;

      (d) Require each purchaser of Colorado River water from the [division] commission to exercise such powers as the purchaser may possess to levy and collect taxes or assessments for the purposes of meeting the charges payable to the [division;] commission; and

      (e) Agree to institute in the eighth judicial district court of the State of Nevada, and to prosecute to final judgment, including appellate review, proceedings to determine the validity of any contract or other obligation entered into with the United States under the provisions of subsection 1. Jurisdiction is hereby conferred upon that court, and generally upon each of the district courts of the State of Nevada, to conduct proceedings for that purpose as in the ordinary case of the judicial determination of proceedings, contracts, bonds and obligations of water conservancy districts as provided in NRS 541.380 to 541.420, inclusive. [Such] The proceedings may be initiated by and in the name of the [administrator.] commission.

      3.  In the event of the installation of any water service facilities or electrical generating machinery, equipment or transmission facilities, or any combination thereof, pursuant to a request therefor by the [administrator,] commission, the faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract [heretofore or hereafter] entered into with the United States of America.

      4.  If the State of Nevada must purchase or otherwise acquire a property, or compensate for damage to property, for use in the transmission and distribution of electrical energy resulting from an increase of the state’s allocation of energy and power from Hoover Dam, the faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the state, in any contract entered into before, on or after July 1, 1981, pursuant to this section.

      Sec. 21.  NRS 538.221 is hereby amended to read as follows:

      538.221  The [administrator] commission may:

      1.  Hold hearings.

 


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ê1981 Statutes of Nevada, Page 1442 (Chapter 641, SB 508)ê

 

      2.  Receive and hear objections filed to the granting of contracts after advertisement.

      3.  Require the attendance of witnesses.

      4.  Take testimony whenever [he] it deems it necessary to carry out the provisions of NRS 538.041 to 538.251, inclusive.

      Sec. 22.  NRS 538.231 is hereby amended to read as follows:

      538.231  1.  Revenues received from the sale of water delivered through the water service facilities referred to in NRS 538.211 [shall] must be applied and disbursed by the [division] commission in the following order:

      (a) To the payment to the Federal Government or to the [division] commission for the cost of operation and maintenance of [such] those works and facilities.

      (b) To the payment to the Federal Government of cost of construction of [such] the works and facilities allocated by the Secretary of the Interior for reimbursement under any contracts therefor.

      (c) To the payment of compensation and expenses of the [division] commission and all other obligations incurred through performance by the [division] commission of the duties designated in NRS 538.041 to 538.251, inclusive.

      (d) To the repayment to the State of Nevada of any [moneys] money advanced or appropriated to the [division, such] commission, the repayment to be placed [in and to be a part of] in the general fund of the state.

      2.  Revenues received from the sale of power or water other than provided for in subsection 1 or otherwise [shall] must be applied and disbursed by the [division] commission in the following order:

      (a) To the payment to the Federal Government of the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the Secretary of the Interior of the United States.

      (b) To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by such entities.

      (c) To the payment of compensation and expenses of the [division] commission and all other obligations incurred through performance by the [division] commission of the duties designated in NRS 538.041 to 538.251, inclusive.

      (d) To the repayment to the State of Nevada of any [moneys] money advanced or appropriated to the [division, such] commission, the repayment to be placed [in and to be a part of] in the general fund of the state.

      Sec. 23.  NRS 538.241 is hereby amended to read as follows:

      538.241  The state controller [is authorized and required to] shall draw his warrants on the Colorado River resources fund for payment of all claims against [such] the fund, and the state treasurer [is authorized and required to pay the same.] shall pay them.

      Sec. 24.  NRS 538.251 is hereby amended to read as follows:

      538.251  1.  Except as provided in subsection 2, all contracts entered into by the [administrator] commission pertaining to the water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to power or water, or both, belonging, allotted to or contracted by the State of Nevada, or for planning, development or ownership of facilities for the generation and transmission of electricity are not binding upon the State of Nevada until approved by the governor.

 


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ê1981 Statutes of Nevada, Page 1443 (Chapter 641, SB 508)ê

 

Nevada and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to power or water, or both, belonging, allotted to or contracted by the State of Nevada, or for planning, development or ownership of facilities for the generation and transmission of electricity are not binding upon the State of Nevada until approved by the governor.

      2.  An agreement by the [administrator] commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available does not need the approval of the governor to be binding upon the state.

      Sec. 25.  NRS 321.400 is hereby amended to read as follows:

      321.400  As used in NRS 321.390 to 321.470, inclusive:

      1.  [“Administrator” means the administrator of the division of Colorado River resources of the department of energy.

      2.]  “Advisory group” means the Eldorado Valley advisory group.

      2.  “Commission” means the Colorado River commission.

      Sec. 26.  NRS 321.410 is hereby amended to read as follows:

      321.410  1.  The [administrator] commission may on behalf of the State of Nevada purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when [such] the purchase can be made as provided by Congress, including any extension of time granted by the Secretary of the Interior, and have such lands patented to the State of Nevada upon payment of the appraised value thereof, as determined by the Secretary of the Interior, or otherwise.

      2.  The lands referred to in subsection 1 are described as follows:

      Parcel 1.  All of south half, township 23 south, range 63 east, with the exception of the following areas: East half section 22; four 5-acre tracts located in section 26 and described as follows: South half southeast quarter northwest quarter northwest quarter, north half northeast quarter southwest quarter northwest quarter, north half southwest quarter northeast quarter northwest quarter and south half southwest quarter northwest quarter northwest quarter; and those portions of the northeast quarter section 23, and north half section 24, within the Lake Mead National Recreation area.

      Parcel 2.  Fractional sections 25 and 36, township 23 south, range 63 1/2 east.

      Parcel 3.  All of sections 27, 28, 29, 30, 31, 32, 33 and 34, township 23 south, range 64 east.

      Parcel 4.  Fractional sections, 31, 32, 33, 34 and 35, township 23 1/2 south, range 64 east.

      Parcel 5.  All of southeast quarter of township 24 south, range 62 east.

      Parcel 6.  All of township 24 south, range 63 east.

      Parcel 7.  All of township 24 south, range 64 east, except sections 1, 12, 13, 24, 25 and 36.

      Parcel 8.  All of township 25 south, range 62 east.

      Parcel 9.  All of township 25 south, range 63 east.

 


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ê1981 Statutes of Nevada, Page 1444 (Chapter 641, SB 508)ê

 

      Parcel 10.  All of sections 1, 2, 3, 4, 5 and 6, township 26 south, range 64 east.

      Parcel 11.  All of sections 1, 2, 11, 12, 13 and 14, township 26 south, range 62 east.

      Parcel 12.  All of northwest quarter, township 26 south, range 63 east.

      All range references contained in the foregoing refer to the Mount Diablo base and meridian.

      Sec. 27.  NRS 321.440 is hereby amended to read as follows:

      321.440  The Eldorado Valley advisory group shall [be an advisory body to the administrator and shall have only such powers and duties as may be authorized by law. The group shall] advise and assist the [administrator] commission in connection with all phases of planning and development of Eldorado Valley and the expenditure of [funds] money in connection therewith.

      Sec. 28.  NRS 321.450 is hereby amended to read as follows:

      321.450  1.  The [administrator] commission, with the advice of the advisory group, and the board of county commissioners of Clark County may undertake such engineering and planning studies and surveys and take such other action as may be necessary for the development of Eldorado Valley.

      2.  The [administrator,] commission, with the concurrence of the legislative commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures adopted by [him.] it.

      3.  Unless another proposal is pending as described in subsection 4, the board of county commissioners of Clark County may at any time propose to purchase part or all of the land described in subsection 2 of NRS 321.410. If the proposal is rejected by the [administrator,] commission, the board of county commissioners may request a hearing on the matter before the legislative commission.

      4.  The [administrator] commission shall notify the board of county commissioners of Clark County of any proposal made by a person who appears to be ready, willing and able to purchase any of the land described in subsection 2 of NRS 321.410. The board may, within 60 days, comment on the proposal or make an offer to purchase any of the land. The [administrator] commission shall submit the proposal or proposals to the legislative commission for its concurrence.

      5.  Sale of land to any purchaser must be made pursuant to the terms and conditions established by federal law or by the Secretary of the Interior, and the price must include a sum sufficient to reimburse the state for all its actual costs.

      6.  The [administrator,] commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment must be made by written instrument, be approved by the attorney general, and be forwarded to the Secretary of the Interior.

      7.  The [administrator] commission shall provide the members of the advisory group with industrial insurance through the Nevada industrial commission [.] and shall budget and pay for the premiums for that insurance.

 


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ê1981 Statutes of Nevada, Page 1445 (Chapter 641, SB 508)ê

 

      Sec. 29.  NRS 321.460 is hereby amended to read as follows:

      321.460  1.  There is hereby created in the state treasury, for use of the [administrator] commission in carrying out the provisions of NRS 321.390 to 321.470, inclusive, a trust fund to be known as the Eldorado Valley development fund.

      2.  None of the money in [such] the fund may be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.

      3.  Money in the Eldorado Valley development fund [shall] must be paid out on claims against [such] the fund as other claims against the state are paid, after [such] the claims have been approved by the [administrator.

      4.  The division of Colorado River resources of the department of energy shall budget and pay claims for premiums for industrial insurance provided for members of the advisory group.] commission.

      Sec. 30.  NRS 321.470 is hereby amended to read as follows:

      321.470  1.  Any [moneys] money received by the [administrator] commission in connection with the development or disposition of any lands described in NRS 321.410 [shall forthwith] must be deposited in the state treasury to the credit of the Eldorado Valley development fund.

      2.  Immediately following [any such] a deposit, the state controller and the state treasurer shall calculate and retain an amount of money equal to the necessary expenses incurred in the acquisition of land and shall transfer the remaining amount [of such deposit] to the state general fund until [such time as such] the transfers have resulted in complete reimbursement to the state general fund for all [moneys theretofore] money appropriated from the state general fund to the Eldorado Valley development fund.

      Sec. 31.  NRS 321.490 is hereby amended to read as follows:

      321.490  As used in NRS 321.480 to 321.536, inclusive, unless the context otherwise requires:

      1.  [“Administrator” means the administrator of the division of Colorado River resources of the department.

      2.]  “Commission” means the Colorado River [advisory] commission.

      [3.]2.  “Department” means the [department of energy.] state department of conservation and natural resources.

      Sec. 32.  NRS 321.500 is hereby amended to read as follows:

      321.500  1.  The [administrator] commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when [such] a purchase may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.

      2.  The lands referred to in subsection 1, are described as follows:

      Parcel 1.  All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.

      Parcel 2.  All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.

 


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ê1981 Statutes of Nevada, Page 1446 (Chapter 641, SB 508)ê

 

      Parcel 3.  East 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4, section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.

      Parcel 4.  Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line.

      All range references in this subsection refer to Mount Diablo base and meridian.

      Sec. 33.  NRS 321.510 is hereby amended to read as follows:

      321.510  1.  The [administrator] commission may, with the advice of the [commission, the other divisions of the] department and the board of county commissioners of Clark County, undertake such engineering and planning studies and such other action as may be necessary for the development of the Fort Mohave Valley, and shall sell and dispose of lands in the Fort Mohave Valley in accordance with the plans and procedures of the [division.] commission.

      2.  The [administrator,] commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of the lands described in NRS 321.500. Any such relinquishment [shall] must be made by written instrument, [shall] be approved by the attorney general, and [shall] be forwarded to the Secretary of the Interior.

      Sec. 34.  NRS 321.520 is hereby amended to read as follows:

      321.520  1.  There is hereby created in the state treasury, for the use of the [administrator] commission in carrying out the provisions of NRS 321.480 to 321.536, inclusive, [a fund to be known as] the Fort Mohave Valley development fund.

      2.  [Moneys] Money in the Fort Mohave Valley development fund [shall] must be paid out on claims against [such] the fund as other claims against the state are paid, after [such] the claims have been approved by the [administrator.] commission.

      Sec. 35.  NRS 321.530 is hereby amended to read as follows:

      321.530  1.  Any [moneys] money received by the [administrator] commission in connection with the development or disposition of any lands descried in NRS 321.500 [shall] must be deposited [forthwith] in the state treasury to the credit of the Fort Mohave Valley development fund.

      2.  Immediately following such a deposit, the state controller and the state treasurer shall calculate and retain an amount of money equal to the necessary expensed incurred in the acquisition of land and shall transfer the remaining amount [of such deposit] to the state general fund until [such time as such] the transfers have resulted in complete reimbursement to the state general fund for all [moneys theretofore] money appropriated from the state general fund to the Fort Mohave Valley development fund.

      Sec. 36.  NRS 321.534 is hereby amended to read as follows:

      321.534  The [administrator] commission may act as the agent of the State of Nevada in the development and disposal of state lands in the Fort Mohave Valley described as being all those lands in T.

 


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ê1981 Statutes of Nevada, Page 1447 (Chapter 641, SB 508)ê

 

the Fort Mohave Valley described as being all those lands in T. 32 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office dependent resurvey of 1947 and the right bank of the channel of the Colorado River and all those lands in T. 33 S., R. 66 E., M.D.B. & M. and T. 34 S., R. 66 E., M.D.B. & M., lying between the meander line of the General Land Office survey of 1932 and the right bank of the channel of the Colorado River.

      Sec. 37.  NRS 321.535 is hereby amended to read as follows:

      321.535  The [administrator] commission shall, with the advice of the [commission, the state department of conservation and natural resources] department and the board of county commissioners of Clark County, prepare plans for the development of the lands described in NRS 321.534. The [administrator] commission shall, notwithstanding any other provision of this chapter, sell or dispose of such lands in accordance with [the] its plans and procedures. [of the division.]

      Sec. 38.  NRS 321.536 is hereby amended to read as follows:

      321.536  1.  The [administrator] commission may use so much of the [moneys] money in the Fort Mohave Valley development fund as may be necessary to develop and dispose of the lands described in NRS 321.534.

      2.  Any [moneys] money received from the development or disposition of [such lands shall] the lands must be deposited in the Fort Mohave Valley development fund.

      Sec. 39.  NRS 356.087 is hereby amended to read as follows:

      356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.

      2.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of the total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:

             (1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and

             (2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;

      (b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

      (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (1) of paragraph (a); and

      (d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).

 


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ê1981 Statutes of Nevada, Page 1448 (Chapter 641, SB 508)ê

 

      3.  The proportionate shares of the interest earned and received by:

      (a) The dairy commission fund;

      (b) The legislators’ retirement fund;

      (c) The public employees’ retirement fund;

      (d) The state permanent school fund;

      (e) The silicosis and disabled pension fund;

      (f) The offenders’ store fund and prisoners’ personal property fund;

      (g) The wildlife account;

      (h) The trust fund for the care of sites for the disposal of radioactive waste;

      (i) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the [division of Colorado River resources of the department of energy] Colorado River commission is responsible;

      (j) The business enterprise contingent fund for the blind;

      (k) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;

      (l) The beef promotion fund; and

      (m) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979,

must be accounted for as separate income and assets of those respective funds and the appropriate account.

      Sec. 40.  NRS 523.031 is hereby amended to read as follows:

      523.031  1.  The department of energy is hereby created.

      2.  The department consists of the director and:

      (a) The division of [Colorado River resources;

      (b) The division of] energy research and development; and

      [(c)](b) The division of energy conservation and planning.

      3.  The governor shall appoint a director to serve as the executive head of the department.

      4.  The director shall:

      (a) Be in the unclassified service.

      (b) Be selected with special reference to his training, experience, capability and interest in the field of energy conservation and management.

      (c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      5.  As executive head of the department, the director is responsible for the administration of all provisions of law relating to the functions of the department.

      6.  The director may employ any clerical and operational personnel necessary for the performance of his duties, prescribe their duties and fix their salaries in accordance with classifications made by the personnel division of the department of administration.

      7.  The director and the employees of the department are entitled to receive the travel expenses and subsistence allowances provided by law.

 


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ê1981 Statutes of Nevada, Page 1449 (Chapter 641, SB 508)ê

 

      Sec. 41.  1.  This section and sections 8.5, 8.7 and 40 of this act shall become effective upon passage and approval.

      2.  Sections 1, 14, 15 to 18, inclusive, 20, 21 and 24 of this act shall become effective at 12:01 a.m. on July 1, 1981.

      3.  Section 39 of this act shall become effective at 12:04 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 642, SB 548

Senate Bill No. 548–Committee on Commerce and Labor

CHAPTER 642

AN ACT relating to industrial relations; reorganizing the system of industrial insurance; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Secs. 1 through 70.  (Deleted by amendment.)

      Sec. 71.  Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 72 to 99.5, inclusive, of this act.

      Sec. 72.  “Administrator” means the administrator of the division of industrial insurance regulation of the department of industrial relations.

      Sec. 73.  “Board” means the board of directors of the state industrial insurance system.

      Sec. 74.  “Department” means the department of industrial relations.

      Sec. 75.  “Director” means the director of the department of industrial relations.

      Sec. 76.  “Insurer” includes the state industrial insurance system, self-insured employers and those employers covered under the provisions of NRS 616.255 and 616.256.

      Sec. 77.  “Manager” means the manager of the state industrial insurance system.

      Sec. 78.  “System” means the state industrial insurance system.

      Sec. 79.  1.  The state industrial insurance system is hereby established as an independent actuarially funded system for the purpose of insuring employers against liability for injuries and occupational diseases for which their employees may be entitled to benefits under this chapter or chapter 617 of NRS, and the federal Longshoremen’s and Harbor Workers’ Compensation Act.

      2.  The system is a public agency which administers and is supported by the state insurance fund. The executive and legislative departments of the state government shall regularly review the system.

      3.  The system is entitled to use any services provided to state agencies, and must use the services of the purchasing division of the department of general services. The system is not required to use any other service. Except as otherwise provided for specified positions, its employees are in the classified service of the state.

      4.  The official correspondence and records, other than the files of individual claimants and policyholders, and the minutes and books of the system are public records and must be available for public inspection.

 


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ê1981 Statutes of Nevada, Page 1450 (Chapter 642, SB 548)ê

 

individual claimants and policyholders, and the minutes and books of the system are public records and must be available for public inspection.

      Sec. 80.  1.  The system must be supervised by a board of directors which consists of seven members appointed by the governor.

      2.  Three members of the board must represent organized labor, three members must represent policyholders of the system, and one member must represent the public and be knowledgeable in insurance, investments, or organization and management. The representatives of organized labor must be selected by the governor from a list submitted to him by the Nevada State Branch of the American Federation of Labor and Congress of Industrial Organizations. Two representatives of policyholders must represent major employers and all must be selected by the governor from lists submitted to him by employers’ organizations.

      3.  Initial appointments for each representative group must be for terms of 2, 3 and 4 years, and all subsequent appointments for terms of 4 years.

      4.  If a member of the board fails to complete his term of office, the governor shall appoint a person to succeed him as a member of the board for the unexpired portion of the term. The successor member must be appointed in the same manner and possess the same general qualifications as his predecessor in office.

      Sec. 81.  1.  When absent from home attending to their duties, the members of the board are entitled to receive their actual and necessary traveling expenses and other expenses within the limit fixed for state officers and employees.

      2.  Members of the board are entitled to receive a fee of $80 per day for attendance at meetings.

      3.  Fees and reimbursement for expenses must be paid from the state industrial insurance fund.

      Sec. 82.  1.  The board shall annually elect a chairman and vice chairman.

      2.  The board may adopt bylaws as it deems proper for the conduct of its business.

      3.  The board shall meet at least eight times annually. Board meetings may be called at any time by the chairman of the board, the manager of the system or a majority of the board.

      Sec. 83.  The board shall:

      1.  Appoint the manager, who shall serve at the pleasure of the board.

      2.  Approve annual and biennial budgets of the system.

      3.  Approve investment policies of the system.

      4.  Approve the appointment of investment counselors and custodians of investments.

      5.  Approve the designation of banks as collection depositories.

      6.  Approve the appointment of an independent actuary and arrange for an annual actuarial valuation and report of the soundness of the system as prepared by the independent actuary.

      7.  Appoint an independent certified accountant who shall provide an annual audit of the system and report to the board.

      8.  Before each legislative session, report to the governor and the legislature on the operation of the system and any recommendation for legislation which the board deems appropriate.

 


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ê1981 Statutes of Nevada, Page 1451 (Chapter 642, SB 548)ê

 

legislature on the operation of the system and any recommendation for legislation which the board deems appropriate.

      9.  On its own initiative or at the request of the manager, review any matter related to the operation of the system and make such advisory recommendations to the manager as the board deems appropriate.

      Sec. 84.  There is no liability in a private capacity on the part of the board or any member thereof.

      Sec. 85.  1.  The board shall appoint a manager to be in charge of the operation of the system.

      2.  The manager is the chief executive officer of the system and is responsible for all duties of the system except for those duties specified by statute for the board.

      3.  The manager shall serve at the pleasure of the board.

      4.  The manager must:

      (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree; and

      (b) Possess at least 5 years’ experience in a high level administrative or executive capacity, with responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

      5.  Before undertaking the duties of the office, the manager shall qualify by giving an official bond in an amount and with sureties approved by the board. The manager shall file the bond with the secretary of state. The premium for the bond must be paid by the system.

      Sec. 86.  1.  The manager shall select assistant managers whose appointments are effective upon confirmation by the board.

      2.  The assistant managers shall serve at the pleasure of the manager.

      3.  The assistant managers must be graduates of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

      Sec. 87.  The manager and assistant managers are in the unclassified service of the state but are entitled to receive annual salaries fixed by the board.

      Sec. 88.  The manager and assistant managers shall not pursue any other business or occupation or perform the duties of any other office of profit unless on leave approved in advance. The manager and assistant managers shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.

      Sec. 89.  Subject to the limitations of this chapter and the budget prescribed by the board, the system must be administered by the manager, assistant managers, and a staff appointed by the manager.

      Sec. 90.  The manager:

      1.  Subject to the authority of the board, has full power, authority and jurisdiction over the system.

      2.  May perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the system, either in the administration of the system or in connection with the insurance business to be carried on by the system under the provisions of this chapter, including the establishment of premium rates.

 


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ê1981 Statutes of Nevada, Page 1452 (Chapter 642, SB 548)ê

 

      3.  May appoint in the unclassified service of the state no more than five persons, engaged in management, who report directly to the manager or an assistant manager. The board shall designate these positions, and may not change them without the approval of the advisory personnel commission. These persons are entitled to receive annual salaries fixed by the board.

      Sec. 91.  The system may:

      1.  Use its assets to pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, and to pay salaries, administrative and other expenses.

      2.  Rent, lease, buy or sell property in its own name, and construct and repair buildings as necessary to provide facilities for its operations.

      3.  Sue and be sued in its own name.

      4.  Enter into contracts relating to the administration of the system.

      5.  Contract with physicians, surgeons, hospitals, and rehabilitation facilities for medical, surgical, and rehabilitative evaluation, treatment, care and nursing of injured persons entitled to benefits from the system.

      6.  Contract for the services of experts and other specialists as required by the system.

      7.  Provide for safety inspections and furnish advisory services to policyholders on measures to promote safety and health.

      8.  Act in collecting and disbursing money necessary to administer and conduct the business of the system.

      9.  Adopt regulations relating to the conduct of the business of the system.

      10.  Hire personnel to accomplish its purposes and operations.

      11.  Fix the salaries of all persons employed in the classified service for purposes of administering the system in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS. No classified employee on the staff of the system may be removed in a manner contrary to the provisions of chapter 284 of NRS.

      12.  Perform all the functions which are necessary or appropriate to carry out the administration of this chapter and chapter 617 of NRS.

      Sec. 92.  The system may:

      1.  Insure an employer against liability for workers’ compensation and other liability that the employer may have because of bodily injury or occupational disease to his employee arising out of and in the course of employment, to the same degree as any other insurer;

      2.  Insure employers against their liability for compensation or damages under the Longshoremen’s and Harbor Workers’ Act or any extension of that Act, to the same degree as any other insurer;

      3.  Furnish advice, services and excess insurance for workers’ compensation; and

      4.  Reinsure any risk or any part thereof.

      Sec. 93.  The money and assets held in trust by the system include:

      1.  All premiums and other money paid to the system;

      2.  All property and securities acquired through the use of money in the state insurance fund; and

      3.  All interest and dividends earned upon money in the state insurance fund and deposited or invested as provided in this chapter.

 


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ê1981 Statutes of Nevada, Page 1453 (Chapter 642, SB 548)ê

 

      Sec. 94.  1.  Except as otherwise provided in this section, the department of industrial relations shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the department’s regulations.

      2.  The commissioner of insurance is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers pursuant to NRS 616.291 to 616.298, inclusive, 616.337 and 616.338.

      3.  The department of administration is responsible for administrative appeals relating to workers’ compensation pursuant to NRS 616.541 to 616.544, inclusive.

      4.  The state industrial attorney is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.

      Sec. 95.  1.  The administrator may impose an administrative fine, not to exceed $500 for each violation, if the insurer or employer intentionally or repeatedly:

      (a) Induces a claimant for compensation to fail to report an accidental injury or occupational disease.

      (b) Persuades a claimant to settle for an amount which is less than reasonable.

      (c) Persuades a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending.

      (d) Persuades a claimant to accept less than the compensation found to be due him.

      (e) Refuses to pay or delays payment to a claimant of compensation found to be due him.

      (f) Makes it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him.

      (g) Fails to comply with department regulations for the acceptance and rejection of claims, determination and calculation of a claimant’s average monthly wage, determination and payment of compensation, delivery of accident benefits and reporting relating to these matters.

      (h) Fails to comply with the department’s regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS.

      2.  If the employer requests a hearing concerning the fine imposed pursuant to subsection 1, the administrator shall set a date for a hearing within 20 days after receiving the appeal request, and shall give the employer at least 10 business days’ notice of the time and place of the hearing.

      3.  A record of the hearing must be kept but it need not be transcribed unless it is requested by the employer and he pays the cost of transcription.

      4.  Within 5 business days after the hearing, the administrator shall either affirm or disaffirm the fine and give the employer written notice thereof by certified mail.

      5.  Two or more fines of $500 levied by the administrator in 1 year for violations enumerated in subsection 1 must be considered by the commissioner as evidence for the possible revocation of a certificate of self-insurance.

 


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ê1981 Statutes of Nevada, Page 1454 (Chapter 642, SB 548)ê

 

      6.  The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer committed any of the violations enumerated in subsection 1.

      Sec. 96.  Any insurer who is aggrieved by a decision of the administrator may appeal that decision directly to the appeals officer.

      Sec. 97.  1.  All fees and charges for accident benefits are subject to regulation by the department and must not exceed such fees and charges as prevail in the same community for similar treatment of injured persons of like standard of living.

      2.  The department may, adopt reasonable regulations necessary to carry out the provisions of this section.

      Sec. 98.  1.  There is hereby established in the state treasury the fund for workers’ compensation and safety. All money received from assessments levied on insurers by the director pursuant to section 290 of this act must be deposited in this fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the department for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation and the administration of regulations for safety of employees.

      4.  The state treasurer may disburse money from the fund only upon written order of the controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The commissioner of insurance shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner of insurance 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 99.  1.  There is hereby established in the state treasury the subsequent injury fund which may be used only for the purpose of making payments in accordance with the provisions of NRS 616.427. The administrator of the division of industrial insurance regulation shall administer the fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the subsequent injury fund must be delivered to the custody of the state treasurer.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

      4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

 


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ê1981 Statutes of Nevada, Page 1455 (Chapter 642, SB 548)ê

 

      6.  The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.

      7.  The commissioner of insurance shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner of insurance 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 99.1.  Section 3 of Assembly Bill No. 408 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 3.  1.  The [commission] system may lend securities from its portfolio, if it receives collateral from the lender in the form of cash or marketable securities which are acceptable to the [commission,] system to the value of the securities borrowed.

       2.  The [commission] system may enter into contracts necessary to extend and manage loans pursuant to this section.

 

      Sec. 99.2.  Section 4 of Assembly Bill No. 408 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 4.  The [commission] system may buy and sell options commonly known as “put” or “call” options listed by a national securities exchange.

 

      Sec. 99.3.  Section 5 of Assembly Bill No. 408 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 5.  1.  The [commission] manager may:

       (a) Invest money [from its funds] in the funds of the system in commingled real estate funds of banks, registered investment advisers or insurance companies which are invested in real property, mortgages secured by real property and leases of real property; and

       (b) Enter into agreements for the making of and management of investments pursuant to this section.

       2.  The [commission] manager may not invest more than 10 percent of its assets pursuant to this section.

 

      Sec. 99.5.  1.  There is hereby established in the state treasury the uninsured employers’ claim fund which may be used only for the purpose of making payments in accordance with the provisions of NRS 616.377. The administrator shall administer the fund and shall credit any excess funds toward the assessments of the insurers for the succeeding years.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers’ claim fund must be delivered to the custody of the state treasurer.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

 


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ê1981 Statutes of Nevada, Page 1456 (Chapter 642, SB 548)ê

 

      4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.

      7.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 100.  NRS 616.040 is hereby amended to read as follows:

      616.040  “Commissioner” means [a member of the commission.] the commissioner of insurance.

      Sec. 101.  NRS 616.067 is hereby amended to read as follows:

      616.067  Persons who perform volunteer work in any formal program which is being conducted:

      1.  Within a state or local public organization;

      2.  By a federally assisted organization; or

      3.  By a private, incorporated, nonprofit organization which provides services to the general community,

and who are not specifically covered by any other provisions of this chapter, while engaged in such volunteer work, may be deemed by the [commission,] department, for purposes of this chapter, as employees of such organizations at a wage of $100 per month and [shall be] are entitled to the benefits of this chapter when such organizations approve [such] coverage and comply with the provisions of this chapter and implementing regulations thereunder.

      Sec. 102.  NRS 616.173 is hereby amended to read as follows:

      616.173  [Each commissioner is authorized to] The manager may use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise [; provided:

      1.  That the] if:

      1.  The mechanical device [shall be] is of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place; and

      2.  [That the use of the] The facsimile signature [shall be made] is used only under the direction and supervision of the [commissioners;] manager; and

      3.  [That all] All of the mechanical device [shall at all times be] is kept in a vault, securely locked, when not in use, to prevent any misuse of the [same.] device.

      Sec. 103.  NRS 616.175 is hereby amended to read as follows:

      616.175  The [commission] system shall:

      1.  Keep and maintain its office in Carson City, Nevada.

 


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ê1981 Statutes of Nevada, Page 1457 (Chapter 642, SB 548)ê

 

      2.  Keep and maintain suboffices at such places in the state as industrial activity warrants, and shall locate one suboffice in the Las Vegas area. Suboffices [shall] must have complete facilities for processing claims for injuries.

      3.  Provide statewide, toll-free telephone service on state WATS lines to the Carson City office, and all suboffices, or accept collect calls from claimants.

      Sec. 104.  NRS 616.180 is hereby amended to read as follows:

      616.180  1.  The [commission is authorized,] system may, pursuant to a resolution of the [commission] board approved by the governor, [to] invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities [, occupational safety and health buildings] and facilities and office buildings in this state. The [commission] system shall cooperate with the state public works board in all planning and construction undertaken by the [commission] system pursuant to this section. The [commission is authorized to] system may occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the [commission] system may be rented only to other state agencies, departments, commissions, bureaus and officers.

      2.  The title of any real property purchased under the authority granted by subsection 1 [shall] must be examined and approved by the attorney general.

      3.  Any income derived from rentals [shall] must be deposited as provided in NRS 616.450.

      4.  The [commission is authorized,] system may, pursuant to a resolution of the [commission] board approved by the governor, [to] sell any real property acquired by it pursuant to the provisions of subsection 1. All [moneys] money received by the [commission] system for the sale of such real property [shall] must be deposited in the state insurance fund.

      Sec. 105.  NRS 616.190 is hereby amended to read as follows:

      616.190  1.  The [chairman of the commission] administrator shall annually request the Nevada State Medical Association to select and establish two panels, each composed of nine physicians. The members of each panel must include two orthopedic surgeons, two neurosurgeons, two surgeons whose practice is not limited to any specialty, an internist, a family practitioner and another physician who are in good professional standing and who have displayed an active interest in the advancement of their profession. If the Nevada State Medical Association is dissolved, the [chairman of the commission] administrator and the commissioner [of insurance] shall jointly establish the panels after consulting the state health officer. When an injured employee is referred to the panel, the [chairman of the commission] administrator or the self-insured employer, after reviewing all pertinent medical records, shall select two members of the panel whose specialties are related most directly to the problem presented, and a third member from the remaining panel members. The three physicians selected are the medical review board for that case. This board may seek further consultation and advice from any physician of its choice.

 


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ê1981 Statutes of Nevada, Page 1458 (Chapter 642, SB 548)ê

 

physician of its choice. A board must be selected from the panel members for each claimant referred. Members of the panel may be reappointed from year to year, with the approval of the Nevada State Medical Association so long as that organization exists.

      2.  The state is hereby divided into two medical board districts, as follows:

      (a) Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey and Washoe constitute the first medical board district.

      (b) The counties of Clark, Esmeralda, Lincoln, Nye and White Pine constitute the second medical board district.

      3.  One of the lists referred to in subsection 1 must be composed of licensed physicians practicing in the first medical board district and the other list must be composed of physicians practicing in the second medical board district.

      4.  The jurisdiction of the medical boards is concurrent and limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the [commission.] insurer. It shall not consider or determine legal questions such as whether [or not] the injury arose out of and in the course of employment. The findings of the medical boards or a majority of the members of each board are final and binding on the [commission.] insurer.

      5.  Each member of the medical boards is entitled to receive his usual medical fee for each referred case, which represents compensation for the initial review of medical records, the examination and the preparation of that report. Each report must be signed by all members of the medical review board appointed for that case.

      6.  Each member of the medical boards [shall be] is entitled to reasonable and necessary traveling expenses incurred while actually engaged in the performance of his duties.

      Sec. 106.  NRS 616.193 is hereby amended to read as follows:

      616.193  1.  The [commission] insurer must provide access to the files of claims in its [Carson City and Las Vegas] offices.

      2.  A file is available for inspection during regular business hours by the employee or his designated agent and the employer and his designated agent.

      3.  Upon request, the [commission] insurer must make copies of anything in the file and may charge a reasonable fee for his service.

      4.  Until a claim is closed the file must be kept in the office nearest to the place where the injury occurred.

      5.  The [commission] insurer may microphotograph or film any of its records. The microphotographs or films must be placed in convenient and accessible files, and provision must be made for preserving, examining and using the record.

      Sec. 107.  NRS 616.195 is hereby amended to read as follows:

      616.195  1.  Upon written approval of [all three commissioners the commission] the administrator, the insurer may destroy accumulated and noncurrent detail records such as payroll reports, checks, claims, and other records of similar importance for the period July 1, 1913, to January 1, 1947, if:

 


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ê1981 Statutes of Nevada, Page 1459 (Chapter 642, SB 548)ê

 

      (a) Claims from January 1, 1940, and after are first microphotographed; and

      (b) A brief inventory of the destroyed records [shall be] is retained.

      2.  The [commission] insurer may dispose of or destroy any record which has been microphotographed or filmed if the procedure required by NRS 239.050 has been followed.

      3.  The principal records, such as the general and regular journals [,] and the general ledgers, [and minutes of the commission shall not be destroyed but shall] must be retained intact for the period from January 1, 1913.

      Sec. 108.  NRS 616.205 is hereby amended to read as follows:

      616.205  1.  The [commission is authorized and empowered to] administrator may prosecute, defend and maintain actions in the name of the [commission] administrator for the enforcement of the provisions of this chapter and [shall have the right] is entitled to all extraordinary writs provided by the constitution of the State of Nevada, the statutes of this state and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.

      2.  Verification of any pleading, affidavit or other paper required may be made by [any commissioner or by the secretary.] the administrator.

      3.  In any action or proceeding or in the prosecution of any appeal by the [commission,] administrator, no bond or undertaking [shall ever be required to] need be furnished by the [commission.] administrator.

      Sec. 109.  NRS 616.215 is hereby amended to read as follows:

      616.215  Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the [commission shall] administrator must be done by the state printing and records division of the department of general services.

      Sec. 110.  NRS 616.220 is hereby amended to read as follows:

      616.220  The [commission] administrator shall:

      1.  Prescribe by regulation the time within which adjudications and awards [shall] must be made.

      2.  [Prepare, provide and regulate] Regulate forms of notices, claims and other blank forms deemed proper and advisable.

      3.  [Furnish blank forms upon request.

      4.  Provide by regulation the method of making investigations, physical examinations, and inspections.

      5.]  Prescribe by regulation the methods by which the staff of [the commission] an insurer may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination is subject to review by a hearing officer .

      [6.]4.  Provide by regulation for adequate notice to each claimant of his right:

      (a) To review by a hearing officer of any determination or rejection by the staff.

      (b) To judicial review of any final decision.

      Sec. 111.  NRS 616.222 is hereby amended to read as follows:

      616.222  1.  To aid in getting injured workmen back to work or to assist in lessening or removing any resulting handicap, the [commission or the self-insured employer] insurer may order counseling, training or [rehabilitation] rehabilitative services for the injured worker regardless of the date on which such workman first became entitled to compensation.

 


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ê1981 Statutes of Nevada, Page 1460 (Chapter 642, SB 548)ê

 

assist in lessening or removing any resulting handicap, the [commission or the self-insured employer] insurer may order counseling, training or [rehabilitation] rehabilitative services for the injured worker regardless of the date on which such workman first became entitled to compensation.

      2.  Before ordering [rehabilitation] rehabilitative services for an injured worker there must first be a consultation with the injured worker and the treating physician or physicians with respect to whether the proposed [rehabilitation] program is compatible with the injured worker’s age, sex and physical condition. If the [rehabilitation] services will involve a change in vocation, the consultation must also include the employer and a rehabilitation counselor.

      3.  Any workman eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other [rehabilitation] rehabilitative services offered by the [commission or the self-insured employer.] insurer.

      Sec. 112.  NRS 616.223 is hereby amended to read as follows:

      616.223  1.  The [commission] system and the rehabilitation division of the department of human resources shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.

      2.  The [commission] system may enter into agreements with other public agencies and private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases.

      3.  The [commission] system may enter into agreements with health and care facilities to provide services for rehabilitation to patients of the health and care facilities in facilities operated by the [commission.] system.

      4.  The [commission] system may admit to any of its facilities any person who is suffering from an injury caused by trauma and who has been referred by a physician for the purpose of receiving services for rehabilitation.

      5.  In providing services under an agreement entered into pursuant to this section, the [commission] system must give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other injured persons for the purpose of providing services for rehabilitation, the [commission] system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.

      6.  Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the [commission] system may add a reasonable charge for administration of each case.

      Sec. 113.  NRS 616.2233 is hereby amended to read as follows:

      616.2233  The [commission] system shall cooperate with the commissioner [of insurance] in the performance of his duties pursuant to this chapter, and shall provide the commissioner with any information, statistics or data in its records which pertain to any employer who is making application to become self-insured, or who is self-insured.

 


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ê1981 Statutes of Nevada, Page 1461 (Chapter 642, SB 548)ê

 

      Sec. 114.  NRS 616.2235 is hereby amended to read as follows:

      616.2235  1.  Except as provided in subsection 2, each self-insured employer and other employer covered under the provisions of NRS 616.255 and 616.256 shall compensate the [commission,] system, the office of state industrial attorney or the hearings division of the department of administration, as appropriate, for all services which the [commission,] system, the occupational safety and health review board, the state industrial attorney, the hearing officers and the appeals officers provide to those employers [at the same rate which the commission charges on January 1, 1980, to employers who operate plans which meet the conditions of NRS 616.255 and 616.256,] if the rate is established by a regulation of the [commission.] system. The cost of any service for which a rate is not established by regulation must be negotiated by the employer and the [commission,] system, the state industrial attorney or the division, as appropriate, before the employer is charged for the service.

      2.  All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the [commission,] system, the office of state industrial attorney, the division or other employers.

      Sec. 115.  NRS 616.224 is hereby amended to read as follows:

      616.224  1.  The [commission] administrator may enter into agreements or compacts with appropriate agencies, bureaus, boards or commissions of other states concerning matters of mutual interest, extraterritorial problems in the administration of this chapter, and for the purpose of eliminating duplicate claims or benefits.

      2.  The [commission] insurer may provide liability insurance coverage against any risks of double liability on the part of employers subject to this chapter for the same accident or injury.

      Sec. 116.  NRS 616.226 is hereby amended to read as follows:

      616.226  [Commissioners, hearing officers and] Hearing officers, appeals officers [,] and the administrator, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations adopted under this chapter may:

      1.  Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.

      2.  Administer oaths.

      3.  Certify to official acts.

      4.  Call and examine under oath any witness or party to a claim.

      5.  Maintain order.

      6.  Rule upon all questions arising during the course of a hearing or proceeding.

      7.  Permit discovery by deposition or interrogatories.

      8.  Initiate and hold conferences for the settlement or simplification of issues.

      9.  Dispose of procedural requests or similar matters.

      10.  Generally regulate and guide the course of a pending hearing or proceeding.

      Sec. 117.  NRS 616.230 is hereby amended to read as follows:

      616.230  If any person disobeys an order of an appeals officer, a hearing officer or the [commission] administrator or a subpena issued by [a commissioner,] the administrator, appeals officer, hearing officer, inspector or examiner, or refuses to permit an inspection, or as a witness, refuses to testify to any matter for which he may be lawfully interrogated, the district judge of the county in which the person resides, on application of the appeals officer, hearing officer or [commissioner,] the administrator, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.

 


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ê1981 Statutes of Nevada, Page 1462 (Chapter 642, SB 548)ê

 

by [a commissioner,] the administrator, appeals officer, hearing officer, inspector or examiner, or refuses to permit an inspection, or as a witness, refuses to testify to any matter for which he may be lawfully interrogated, the district judge of the county in which the person resides, on application of the appeals officer, hearing officer or [commissioner,] the administrator, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.

      Sec. 118.  NRS 616.235 is hereby amended to read as follows:

      616.235  1.  Each officer who serves a subpena [shall] is entitled to receive the same fees as a sheriff.

      2.  Each witness who appears in obedience to a subpena before an appeals officer, a hearing officer or the [commission] administrator is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.

      3.  Claims for witnesses’ fees [shall] must be audited and paid from the state treasury in the same manner as other expenses are audited and paid upon the presentation of proper vouchers approved by an appeals officer, a hearing officer or [any two commissioners.] the administrator.

      4.  A witness subpoenaed at the instance of a party other than an appeals officer, a hearing officer or the [commission] administrator is not entitled to compensation from the state treasury unless an appeals officer, a hearing officer or the [commission] administrator certifies that his testimony was material to the matter investigated.

      Sec. 119.  NRS 616.240 is hereby amended to read as follows:

      616.240  1.  In an investigation, the [commission] administrator or a hearing officer may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.

      2.  After the initiation of a claim under the provisions of this chapter or chapter 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding may, in the manner prescribed by law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record:

      (a) Serve upon any other party written interrogatories to be answered by the party served; or

      (b) Take the testimony of any person, including a party, by deposition upon oral examination.

      Sec. 120.  NRS 616.245 is hereby amended to read as follows:

      616.245  1.  A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by an appeals officer, a hearing officer or the [commission,] administrator, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer had been present and testified to the facts so certified.

 


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ê1981 Statutes of Nevada, Page 1463 (Chapter 642, SB 548)ê

 

      2.  A copy of the transcript [shall] must be furnished on demand to any party upon the payment of the fee required for transcripts in courts of records.

      Sec. 121.  NRS 616.250 is hereby amended to read as follows:

      616.250  1.  All premiums, contributions, penalties, [moneys,] money, properties, securities, funds, deposits, contracts and awards received, collected, acquired, established or made by the Nevada industrial commission [prior to] before July 1, 1947, and under the provisions of chapter 111, Statutes of Nevada 1913, [shall] continue in full force and effect, and the rights, obligations and liabilities of the commission thereunder [shall] must be assumed and performed by the [commission] system created in this chapter.

      2.  All proceedings [shall] must be had and rights determined under the provisions of chapter 111, Statutes of Nevada 1913, and acts amendatory thereof and supplemental thereto, on any claims or actions pending or causes of action existing on June 30, 1947.

      Sec. 122.  NRS 616.251 is hereby amended to read as follows:

      616.251  The [Nevada industrial commission] system shall offer a program of unlimited medical coverage of freshman and varsity athletic teams of the University of Nevada System for injuries incurred while the members of such teams are engaged in organized practice or actual competition or any activity related thereto, which [shall] must be funded separately from the state insurance fund, and for this purpose shall establish premium rates on the basis of man months of athletic participation by members of the athletic teams. Any participation by the member of an athletic team during a calendar month [shall] must be counted as 1 man month for purposes of premium calculation. A team member so covered is not entitled to any other benefit under this chapter.

      Sec. 123.  NRS 616.2533 is hereby amended to read as follows:

      616.2533  1.  The state industrial attorney shall establish an office in Carson City, Nevada, and an office in Las Vegas, Nevada.

      2.  The state industrial attorney shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies. The budget division of the department of administration shall administer the budget of the state industrial attorney.

      [3.  All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, must be paid by:

      (a) The Nevada industrial commission from the state insurance fund, within the limit of the legislative authorization for this purpose; and

      (b) Self-insured employers,

in accordance with their proportionate use of the services of the office of state industrial attorney.]

      Sec. 124.  NRS 616.2539 is hereby amended to read as follows:

      616.2539  1.  The provisions of NRS 616.253 to 616.2539, inclusive, do not prevent any claimant from engaging private counsel at any time; but the employment of private counsel relieves the state industrial attorney from further presentation of the claimant’s case. Any claimant who uses the services of the state industrial attorney and who also retains private counsel shall reimburse the [state insurance fund] department for the reasonable cost of the services of the state industrial attorney.

      2.  The state industrial attorney shall submit a report to the governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his office.

 


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ê1981 Statutes of Nevada, Page 1464 (Chapter 642, SB 548)ê

 

containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his office.

      Sec. 125.  NRS 616.256 is hereby amended to read as follows:

      616.256  1.  The [commission] administrator may determine whether [or not] private disability and death benefit plans specified in subsection 2 of NRS 616.255 provide payments of compensation of equal or greater amounts for the purposes covered in this chapter and may hold hearings to resolve any controversy between an injured employee, or in the case of his death, his dependents, and the employer or carrier under such plan relating to the benefits payable to any such employee or his dependents thereunder.

      2.  Every employer in an employment specified in subsection 2 of NRS 616.255 shall annually:

      (a) Submit to the [commission] administrator for approval a certified copy of the disability and death benefit plans covering his employees.

      (b) Submit to the [commission,] administrator, in the form prescribed by the [commission,] administrator, financial information relating to employee exposure and claim losses incurred in such employment.

      (c) Report to the [commission] administrator accidents for which benefits under such plans are provided.

      3.  If the [commission] administrator determines that a private disability and death benefit plan specified in subsection 2 of NRS 616.255 does not provide payments of compensation of equal or greater amounts for the purposes covered in this chapter, this chapter [shall become applicable] applies to the employment covered by such plan.

      Sec. 126.  NRS 616.260 is hereby amended to read as follows:

      616.260  1.  Any employee who has been hired outside of this state and his employer [shall be] are exempted from the provisions of this chapter while [such] the employee is temporarily within this state doing work for his employer if [such] his employer has furnished industrial insurance coverage under the industrial insurance act or similar laws of a state other than Nevada so as to cover [such] the employee’s employment while in this state, provided:

      (a) The extraterritorial provisions of this chapter are recognized in [such] the other state; and

      (b) Employers and employees who are covered in this state are likewise exempted from the application of the industrial insurance act or similar laws of [such] the other state.

      The benefits under the industrial insurance act or similar laws of [such] the other state [shall be] are the exclusive remedy against [such] the employer for any injury, whether resulting in death or not, received by [such] the employee while working for [such] the employer in this state.

      2.  A certificate from the [duly authorized officer of the industrial commission] administrator or similar [department] officer of another state certifying that the employer of [such] the other state is insured therein and has provided extraterritorial coverage insuring his employees while working within this state [shall be] is prima facie evidence that [such] the employer carried [such] the industrial insurance.

 


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ê1981 Statutes of Nevada, Page 1465 (Chapter 642, SB 548)ê

 

      Sec. 127.  NRS 616.272 is hereby amended to read as follows:

      616.272  1.  An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter and chapter 617 of NRS.

      2.  A self-insured employer is not required to pay the premiums required of other employers pursuant to this chapter and chapter 617 of NRS but is relieved from other liability for personal injury to the same extent as are other employers.

      3.  The claims of employees and their beneficiaries resulting from injuries while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulation of the [commissioner of insurance] department with respect thereto.

      4.  The security deposited pursuant to NRS 616.291 does not relieve that employer from responsibility for the administration of claims and payment of compensation under this chapter.

      Sec. 128.  NRS 616.277 is hereby amended to read as follows:

      616.277  1.  In case of injury, coverage by industrial insurance [shall] must be provided for rehabilitation trainees while enrolled in a rehabilitation facility operated by the rehabilitation division of the department of human resources, related to evaluation, treatment, training, surgical apparatuses or medications.

      2.  The administrator of the rehabilitation division of the department of human resources shall make payments to the [commission] system on all trainees enrolled in a rehabilitation facility operated by the rehabilitation division of the department of human resources in [the State of Nevada] this state at the rate set by the [commission] system based on a wage of $200 per month per trainee.

      3.  Payments [shall] must be made from the special maintenance fund for the vocational rehabilitation of disabled persons.

      Sec. 129.  NRS 616.280 is hereby amended to read as follows:

      616.280  Before any person, firm or corporation [shall commence] commences work under any contract with the state or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the public authority having charge of the letting of the contract a certificate of the [commission] insurer certifying that the contractor has complied with the provisions of this chapter.

      Sec. 130.  NRS 616.291 is hereby amended to read as follows:

      616.291  1.  An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner [of insurance] that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.

      2.  A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner [of insurance] money, corporate or governmental securities or a surety bond written by any company admitted to transact surety business in this state, or any combination of money, securities or a bond. The first deposit must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employer’s expected annual incurred cost of claims, or less than $100,000.

 


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ê1981 Statutes of Nevada, Page 1466 (Chapter 642, SB 548)ê

 

in no event may it be less than 105 percent of the employer’s expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective loss and expense experience of the employer within this state, to catastrophe hazards and contingencies and to trends within the state. In arriving at the amount of the deposit required, the commissioner [of insurance] may consider the nature of the employer’s business, the financial ability of the employer to pay compensation and his probable continuity of operation. The deposit must be held by the commissioner [of insurance] to secure the payment of compensation for injuries and occupational diseases to employees. The deposit may be increased or decreased by the commissioner [of insurance] in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance.

      3.  The commissioner [of insurance] may allow or require the self-insured employer to submit evidence of excess insurance or reinsurance to provide protection against a catastrophic loss. The excess insurance or reinsurance must be written by an insurer authorized to do business in this state. The commissioner shall consider any excess insurance or reinsurance coverage as a basis for a reduction in the deposit required of an employer.

      Sec. 131.  NRS 616.293 is hereby amended to read as follows:

      616.293  1.  Upon determining that an employer is qualified as a self-insured employer, the commissioner [of insurance] shall issue a certificate to that effect to the employer and the [commission.] administrator.

      2.  Certificates issued under this section remain in effect until withdrawn by the commissioner [of insurance] or canceled by the employer. Coverage for employers qualifying under NRS 616.272 becomes effective on the date of certification or the date specified in the certificate.

      Sec. 132.  NRS 616.294 is hereby amended to read as follows:

      616.294  1.  The commissioner [of insurance] may impose an administrative fine, not to exceed $500 for each violation, and may withdraw the certification of a self-insured employer if:

      (a) The deposit required pursuant to NRS 616.291 is not sufficient and the employer fails to increase the deposit within 45 days after he has been ordered to do so by the commissioner; [of insurance;

      (b) The employer intentionally or repeatedly:

             (1) Induces a claimant for compensation to fail to report an accidental injury or occupational disease;

             (2) Persuades a claimant to settle administratively for an amount which is less than reasonable;

             (3) Persuades a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending;

             (4) Persuades a claimant to accept less than the compensation found to be due him;

             (5) Refuses to pay or delays payment to a claimant of the compensation found to be due him; or

             (6) Makes it necessary for a claimant to resort to proceedings against the employer to secure the compensation found to be due him;]

 


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ê1981 Statutes of Nevada, Page 1467 (Chapter 642, SB 548)ê

 

      (b) The self-insured employer fails to provide evidence of excess insurance or reinsurance pursuant to NRS 616.291 within 45 days after he has been so ordered;

      (c) The employer intentionally fails to comply with regulations of the commissioner of insurance regarding reports or other requirements necessary to carry out the purposes of this chapter; or

      (d) The employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final.

      2.  Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616.305.

      Sec. 133.  NRS 616.310 is hereby amended to read as follows:

      616.310  1.  Workmen described in subsection 5 of NRS 616.055, whose employer is within the provisions of this chapter, [shall] must be reported by the employer separate and apart from those employed at a daily wage and the report [shall] must describe briefly:

      (a) The agreement under which the work is to be performed;

      (b) The aggregate number of shifts worked during the preceding month; and

      (c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.

      Otherwise the payroll reports and premium payments on earnings of employees described in this section are governed by the requirements of this chapter regarding employees, engaged at a regular wage.

      2.  [However, any] Any such lessees, by filing with the [commission] system an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the lessor having the work executed, as provided in subsection 5 of NRS 616.055, is relieved of this obligation.

      Sec. 134.  NRS 616.315 is hereby amended to read as follows:

      616.315  1.  Any employer of labor in [the State of Nevada] this state having in his employment any employee excluded from the benefits of this chapter under NRS 616.060 may elect to cover such employees under the provisions of this chapter in the manner [hereinafter provided.] provided in this section.

      2.  The election on the part of the employer [shall] must be made by filing with the [commission] system a written statement that he accepts the provisions of this chapter which, when filed, [shall operate] operates to subject him to the provisions of this chapter and of all acts amendatory thereof, until the employer [shall thereafter file] files in the office of the [commission] system a notice in writing that he withdraws his election.

      3.  Any employee in the service of any such employer shall be deemed to have accepted, and [shall be] is subject to, the provisions of this chapter [and of any acts amendatory thereof] if, at the time of the accident for which compensation is claimed:

 

 


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ê1981 Statutes of Nevada, Page 1468 (Chapter 642, SB 548)ê

 

to have accepted, and [shall be] is subject to, the provisions of this chapter [and of any acts amendatory thereof] if, at the time of the accident for which compensation is claimed:

      (a) The employer charged with [such] liability is subject to the provisions of this chapter, whether the employee has actual notice thereof or not; and

      (b) The employee has not given to his employer and to the [commission] system notice in writing that he elects to reject the provisions of this chapter.

      4.  Any employee who has rejected the provisions of this chapter may at any time thereafter elect to waive the rejection by giving notice in writing to his employer and to the [commission which shall become] system which becomes effective when filed with the [commission.] system.

      Sec. 135.  NRS 616.317 is hereby amended to read as follows:

      616.317  1.  A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter for the purpose of personally securing compensation equivalent to that which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the [commission.] system.

      2.  A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination before his coverage commences. The [commission] system shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.

      3.  A sole proprietor who elects to submit to the provisions of this chapter shall pay to the [commission] system premiums in such manner and amounts as may be prescribed by regulations of the [commission.] system.

      4.  If a sole proprietor fails to pay all premiums required by the regulations of the [commission,] system, the failure operates as a rejection of this chapter.

      5.  A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the [commission] system until he files written notice with the [commission] system that he withdraws his election.

      6.  For purposes of this chapter, a sole proprietor shall be deemed to be receiving a wage of $300 per month.

      Sec. 136.  NRS 616.320 is hereby amended to read as follows:

      616.320  An employer having come under this chapter who thereafter elects to reject the terms, conditions and provisions of this chapter is not relieved from the payment of premiums to the [commission prior to] system before the time his notice of rejection becomes effective if any are due. The premiums may be recovered in an action at law.

      Sec. 137.  NRS 616.325 is hereby amended to read as follows:

      616.325  1.  Except as provided in subsection 2, every employer shall furnish the [commission,] system or the administrator, upon request, all information required [by the commission] to carry out the purposes of this chapter.

 


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ê1981 Statutes of Nevada, Page 1469 (Chapter 642, SB 548)ê

 

this chapter. The [commission, or a commissioner,] administrator, or any person employed by the [commission] administrator for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.

      2.  Every self-insured employer shall furnish the [commissioner of insurance] system or the administrator upon request, all information required [by the commissioner of insurance] to carry out the purposes of this chapter. The [commissioner of insurance] administrator or any person employed by him for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.

      3.  Every insured employer shall keep on hand constantly a sufficient supply of blank forms furnished by the [commission or the commissioner of insurance if the employer is self-insured.] insurer.

      Sec. 138.  NRS 616.330 is hereby amended to read as follows:

      616.330  Every employer receiving from the [commission] system or administrator any blank form with directions to fill [the same] it out shall:

      1.  Cause [the same] it to be filled out properly.

      2.  Answer fully and correctly all questions therein propounded, and if unable to do so, shall give good and sufficient reasons for his failure. Answers to questions [shall] must be verified and returned to the [commission] system or administrator within the period fixed by the [commission] system or administrator for return.

      Sec. 139.  NRS 616.335 is hereby amended to read as follows:

      616.335  The books, records and payrolls of the employer pertinent to the administration of this chapter [shall] must always be open to inspection by the [commission or its traveling auditor,] administrator, the system or its auditor, agent or assistant for the purpose of ascertaining the correctness of the payroll, the men employed, and such other information as may be necessary for the [commission and its management under this chapter.] system and its administration.

      Sec. 140.  NRS 616.337 is hereby amended to read as follows:

      616.337  All self-insured employers [must] shall report to the [commissioner of insurance,] administrator, annually or at intervals which the [commissioner] administrator requires, all accidental injuries, occupational diseases, dispositions of claims, reserves and payments made under [provisions of] this chapter, chapter 617 of NRS or regulations adopted by the [commissioner of insurance] department pursuant thereto.

      Sec. 141.  NRS 616.340 is hereby amended to read as follows:

      616.340  1.  Every employer within the provisions of this chapter, shall, immediately upon the occurrence of an injury to any of his employees, render to the injured employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation.

      2.  Each such employer who is not self-insured or his agent shall within 6 working days following receipt of knowledge of an injury to an employee, notify the [commission] insurer’s claims administrator in writing of the accident.

 


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ê1981 Statutes of Nevada, Page 1470 (Chapter 642, SB 548)ê

 

      3.  The [commission] insurer may pay the costs of rendering such necessary first aid and transportation of the injured employee of an employer who is not self-insured, to the nearest place of proper treatment if the employer fails or refuses to pay the costs. The [commission] administrator may charge to and collect from the employer, as reimbursement, the amount of the costs incurred by the [commission] insurer in providing such first aid and transportation services to the injured employee.

      4.  Any employer who fails to comply with the provisions of subsection 2 may be fined not more than $250 for each such failure.

      Sec. 142.  NRS 616.342 is hereby amended to read as follows:

      616.342  1.  The [commission and the commissioner of insurance, jointly,] administrator may appoint physicians who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Physicians so appointed constitute a panel of physicians, and every employer shall maintain a list of those panel physicians who are reasonably accessible to his employees.

      2.  An injured employee may choose his treating physician from the panel of physicians. If the injured employee is not satisfied with the first physician he so chooses, he may make an alternative choice of physician from the panel if the choice is made within 45 days after his injury. Any further change is subject to the approval of the [commission or the self-insured employer.] insurer.

      3.  Except when emergency medical care is required and except as provided in NRS 616.502, the [commission or any self-insured employer] insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician or other person selected by the employee in disregard to the provisions of this section or for any compensation for any aggravation of the employee’s injury attributable to improper treatments by such physician or other person.

      4.  The [commission and the commissioner of insurance, jointly,] administrator may order necessary changes in a panel of physicians, and may suspend or remove any physician from a panel of physicians.

      Sec. 143.  NRS 616.345 is hereby amended to read as follows:

      616.345  1.  Every employer within the provisions of this chapter, and every physician who attends an injured employee within the provisions of this chapter, shall file with the [commission, or with the commissioner of insurance if the employer is self-insured,] insurer a full report of every known injury to the employee arising out of and in the course of his employment and resulting in loss of life or injury to the person.

      2.  Reports must be furnished to the [commission or the commissioner of insurance] insurer in the form prescribed and must contain special answers to all questions required by the regulations of the [commission or the commissioner of insurance.] department.

      Sec. 144.  NRS 616.350 is hereby amended to read as follows:

      616.350  [It shall be the duty of the physician to] The physician shall inform the injured workman of his rights under this chapter and [to] lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the [commission,] department, without charge to the workman.

 


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ê1981 Statutes of Nevada, Page 1471 (Chapter 642, SB 548)ê

 

      Sec. 145.  NRS 616.353 is hereby amended to read as follows:

      616.353  [1.]  The [commission] insurer shall not authorize the payment of any money to a physician for professional services rendered by him in attending an injured employee until an itemized statement for the services has been received by the [commission] insurer accompanied by a certificate of the physician stating that a duplicate of the itemized statement has been mailed or personally delivered to the employer of the injured employee.

      [2.  A self-insured employer shall not authorize the payment of any money to a physician for professional services rendered by him in attending an injured employee until the employer receives an itemized statement for the services.]

      Sec. 146.  NRS 616.355 is hereby amended to read as follows:

      616.355  Any physician, having attended an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer or the [commission when it] administrator when he so directs. Information gained by the attending physician or surgeon, while in attendance on the injured employee, is not a privileged communication if required by an appeals officer or the [commission] administrator for a proper understanding of the case and a determination of the rights involved.

      Sec. 147.  NRS 616.360 is hereby amended to read as follows:

      616.360  1.  Whenever any accident occurs to any employee, he shall forthwith report the accident and the injury resulting therefrom to his employer.

      2.  When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer may furnish the names, addresses and telephone numbers of one or more physicians, but may not require the employee to select any particular physician. Thereupon, [it shall be the duty of] the examining physician [so designated to] shall report forthwith to the employer and to the [commission] insurer the character and extent of the injury.

      3.  Further medical attention, except as otherwise provided in NRS 616.415, must be authorized by the [commission or the employer, if the employer is self-insured.] insurer.

      4.  This section does not prohibit an employer from requiring the employee to submit to an examination by a physician specified by the employer at any convenient time after medical attention which is required immediately has been completed.

      Sec. 148.  NRS 616.365 is hereby amended to read as follows:

      616.365  If the accident and injury are not reported by the employee or his physician forthwith, as described in this chapter or if the injured employee or those in charge of him (the injured employee being a party to the refusal) refuse to permit the physician so designated to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident; but the [commission or the self-insured employer] insurer may relieve the injured person or his dependents from loss or forfeiture of compensation if [the commission or the self-insured employer, after investigation,] he finds that:

 

 


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ê1981 Statutes of Nevada, Page 1472 (Chapter 642, SB 548)ê

 

forfeiture of compensation if [the commission or the self-insured employer, after investigation,] he finds that:

      1.  The circumstances attending the failure on the part of the employee, or of his physician, to report the accident and injury are such as to have excused the employee and his physician for the failure to so report; and

      2.  Relieving the employee or his dependents from the consequences of the failure to report will not result in an unwarrantable charge against the [state insurance fund or the self-insured employer.] insurer.

      Sec. 149.  NRS 616.377 is hereby amended to read as follows:

      616.377  1.  If an employee who has been hired and who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the employee may elect to receive compensation under the provisions of this chapter by:

      (a) Filing a written notice of his election with the [commission;] administrator; and

      (b) Making an irrevocable assignment to the [commission] administrator of his right of action against the uninsured employer.

      2.  Any employer who has failed to provide mandatory coverage required under the provisions of this chapter [shall] may not escape liability in any action brought by the employee or the [commission] administrator by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.

      3.  The administrator shall assign a claim of an employee of an uninsured employer to the system for settlement and the payment of benefits and shall reimburse the system for claims adjusted and benefits paid.

      Sec. 150.  NRS 616.380 is hereby amended to read as follows:

      616.380  1.  In addition to the authority given the [commission] manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the [commission:] manager:

      (a) Shall apply that form of rating system which, in [its] his judgment, is best calculated to [merit or] rate individually the risk more equitably, predicated upon the basis of the employer’s individual experience;

      (b) Shall adopt equitable regulations controlling the [same,] rating system, which regulations, however, must conserve to each risk the basic principles of industrial insurance; and

      (c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.

      2.  The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate or additional charge or rebate of premium contributions [shall] must be in the discretion of the [commission.] manager.

      3.  The rating system provided by this section is subject to the following further limitations:

      (a) All studies conducted by the [commission] manager for the purpose of determining the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.

 


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ê1981 Statutes of Nevada, Page 1473 (Chapter 642, SB 548)ê

 

among classifications must be conducted in the presence of an actuary designated by the commissioner. [of insurance.]

      (b) No increase or reduction of premium rate or additional charge or rebate of premium contributions may become effective for 30 days after adoption by the [commission.] manager. Upon the adoption of any increase or reduction of premium rate or additional charge or rebate of premium contributions provided by this section the [commission] manager must file the revised rates with the commissioner [of insurance] and give written notice thereof to the employer affected by such rate change, charge or rebate.

      (c) The commissioner [of insurance] must grant the employer a hearing, if the employer requests it, before the effective date of the rate change. At the hearing consideration must be given to the objections as made by the parties appearing, and all matters in dispute must be resolved after such hearing by the commissioner [of insurance] in a manner which will not unjustly affect the objecting party or the state insurance fund. Following the hearing, the [commission] manager shall make such adjustments in rates as are ordered by the commissioner. [of insurance.] The objective to be accomplished is to prescribe and collect only such premiums as may be necessary to pay the obligations created by this chapter, administrative expenses, and to carry such reasonable reserves as may be prescribed by law or may be deemed necessary to meet such contingencies as may be reasonably expected.

      4.  Subsections 2 and 3 of this section do not apply to rating plans made by voluntary agreement between the [commission] manager and employer which increases or reduces premium contributions for the employer. The voluntary rating plans may be retrospective in nature. A voluntary rating plan must be in writing and signed by both the [commission] manager and the employer.

      Sec. 151.  NRS 616.395 is hereby amended to read as follows:

      616.395  1.  Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities, and school districts, shall pay to the state insurance fund, premiums in the form of an advance deposit as [shall be] fixed by order of the [commission.] manager. All premium rates [now] in effect on July 1, 1947, must be continued in full force until changed as provided by law.

      2.  Every employer within or electing to be governed by the previsions of this chapter who enters into business or resumes operations shall, before commencing or resuming operations, notify the [commission] manager of such fact, accompanying [such] the notification with an estimate of his monthly payroll, and pay the premium on [such] the payroll for the first 2 months of operations.

      3.  The [commission] system may accept as a substitute for payment of premiums either a bond or pledge of assets. The amount and sufficiency of security required, other than cash, [shall] must be determined by the [commission] manager but must not be of a value less than the amount of cash required by this section.

      4.  The [commission] system shall accept as a substitute for case payment of premiums as required in this section a savings certificate or a time deposit certificate issued by a bank or savings and loan association in Nevada, which indicates an amount at least equal to, but must not be required to be more than, the next integral multiple of $100 above the cash which would otherwise be required by this section and must state that such amount is unavailable for withdrawal except by direct and sole order of the [commission.]

 


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ê1981 Statutes of Nevada, Page 1474 (Chapter 642, SB 548)ê

 

in Nevada, which indicates an amount at least equal to, but must not be required to be more than, the next integral multiple of $100 above the cash which would otherwise be required by this section and must state that such amount is unavailable for withdrawal except by direct and sole order of the [commission.] manager. Interest earned on the deposit accrues to the account of the employer. [and not the commission.]

      Sec. 152.  NRS 616.400 is hereby amended to read as follows:

      616.400  1.  Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the [commission] system with a true and accurate payroll showing:

      (a) The total amount paid to employees for services performed during the month; and

      (b) A segregation of employment in accordance with the requirements of the [commission,] system,

together with the premium due thereon.

      2.  In determining the total amount paid to the employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be $24,000.

      3.  Any employer by agreement in writing with the [commission] manager may arrange for the payment of premiums in advance for a period of more than 60 days.

      4.  Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.

      5.  If an audit of the accounts or actual payroll of an employer shows the actual premium earned exceeds the estimated advance premium paid, the [commission] manager may require the payment of a sum sufficient to cover the deficit, together with such amount as in [its] his judgment constitutes an adequate advance premium for the period covered by the estimate.

      6.  The [commission] manager shall notify any employer or his representative by first class mail of any failure on his part to comply with the foregoing provisions. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.

      Sec. 153.  NRS 616.405 is hereby amended to read as follows:

      616.405  1.  Except for a self-insured employer, as soon as possible after the expiration of each quarter year, every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and the auditor or comptroller of each county, and the clerk of each municipal corporation, city, and school district, shall furnish the [commission] manager with a true and accurate payroll of the state office, department, board, commission, bureau, agency or institution, and county, metropolitan police department, municipal corporation, city, or school district, showing:

      (a) The aggregate number of shifts worked during the preceding quarter.

 


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ê1981 Statutes of Nevada, Page 1475 (Chapter 642, SB 548)ê

 

      (b) The total amount paid to employees for services performed during the quarter.

      (c) A segregation of employment in accordance with the requirements of the [commission.] system.

      2.  Each of the state offices, departments, boards, commissions, bureaus, agencies and institutions shall submit claims for the amount of premiums due to the [commission;] system; and each of the auditors, comptrollers and clerks shall make up and submit to the respective governing boards of each county, metroplitan police department, municipal corporation, city, and school district, for approval, claims for the amount of premiums due the [commission.] system.

      Sec. 154.  NRS 616.410 is hereby amended to read as follows:

      616.410  1.  The [commission is authorized and directed to] system shall collect a premium upon the total payroll of every employer within the provisions of this chapter, except as otherwise provided, in such a percentage as the [commission] manager shall fix by order for accident benefits.

      2.  Every [such] employer paying [such] this premium [shall be] is relieved from furnishing accident benefits, and the [same shall] accident benefits must be provided by the [commission.

      3.  All fees and charges for accident benefits shall be subject to regulation by the commission and shall not be in excess of such fees and charges as prevail in the same community for similar treatment of injured persons of like standard of living.

      4.  The commission may adopt reasonable rules and regulations necessary to carry out the provisions of this section.

      5.  The state insurance fund provided for in this chapter shall be] system.

      3.  The system is liable for any accident benefits provided in this section, but the account provided for accident benefits [shall] must be a separate and distinct account, and [shall,] must, on the [commission records,] records of the system, be so kept.

      Sec. 155.  NRS 616.415 is hereby amended to read as follows:

      616.415  1.  Every employer operating under this chapter, alone or together with other employers, may make arrangements for the purpose of providing accident benefits as defined in this chapter for injured employees.

      2.  Employers electing to make such arrangements [for providing accident benefits] shall notify the [commission of such] administrator of the election and render a detailed statement of the arrangements made, which arrangements [shall] do not become effective until approved by the [commission.] administrator.

      3.  Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the [commission] administrator for the preceding year, which report [shall] must contain a statement showing:

      (a) [Total] The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers; [and]

 


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ê1981 Statutes of Nevada, Page 1476 (Chapter 642, SB 548)ê

 

      (b) An itemized account of the expenditures, investments or other disposition of such fees; and

      (c) What balance, if any, remains.

      [Such reports shall] The reports must be verified by the employer, if [an individual;] a natural person; by a member, if a partnership; by the secretary, president, general manager or other executive officer, if a corporation; by the physician, if contracted to a physician.

      4.  No employee is required to accept the services of a physician provided by his employer, but may seek professional medical services of his choice as provided in NRS 616.342. Expenses arising from such medical services [shall] must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees.

      5.  Every employer who fails to notify the [commission] administrator of such election and arrangements, or who fails to render the financial report required, [shall be] is liable for accident benefits as provided by NRS 616.410.

      Sec. 156.  NRS 616.417 is hereby amended to read as follows:

      616.417  1.  Every employer who has elected to provide accident benefits for his injured employees shall prepare and submit a written report to the [commission:] administrator:

      (a) Within 6 days after any accident if an injured employee is examined or treated by a physician; and

      (b) If the injured employee receives additional medical services.

      2.  The [commission] administrator shall review each report to determine whether the employer is furnishing the accident benefits required by this chapter.

      3.  The content and form of the written reports [shall] must be prescribed by the [commission.] administrator.

      Sec. 157.  NRS 616.420 is hereby amended to read as follows:

      616.420  1.  If the [commission, or the commissioner of insurance if the employer is self-insured,] administrator finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered, or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616.415 for which he has made arrangements, the [commission or the commissioner of insurance] administrator may, upon application of the employee, or upon its own motion, order a change of physicians or of any other accident benefit requirements.

      2.  [If an employer, other than a self-insured employer, fails to comply promptly with the order, the injured employee may elect to have accident benefits provided by or through the commission, in which event the cause of action of the injured employee against the employer or hospital association must be assigned to the commission for the benefit of the state insurance fund, and the commission shall furnish to the injured employee the accident benefits provided for in this chapter.

      3.]  If the [commissioner of insurance] administrator orders a change of physicians or of any other accident benefits, the cost of the charge must be borne by the system or the self-insured employer.

 


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ê1981 Statutes of Nevada, Page 1477 (Chapter 642, SB 548)ê

 

      3.  The cause of action of an insured employee against an employer insured by the system or hospital association must be assigned to the system.

      Sec. 158.  NRS 616.425 is hereby amended to read as follows:

      616.425  1.  All premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the [commission] system pursuant to the terms of his chapter [shall:] must:

      (a) Be credited on the records of the [commission] system to the state insurance fund.

      (b) Constitute, for the purpose of custody thereof, the state insurance fund, which [shall] must be held by the [commission] manager as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter. [Each commissioner shall be] The manager is liable on his official bond for the faithful performance of his custodial duty. [as a member of the commission.]

      2.  The [commission] manager shall deliver from [such] the state insurance fund to the custody of the state treasurer such [moneys as are] money as is deemed by the [commission] system necessary to maintain an adequate balance in the state insurance fund deposit account, which is hereby created for the transaction of the ordinary business and functions of the [commission,] system, including compensation.

      Sec. 159.  NRS 616.427 is hereby amended to read as follows:

      616.427  1.  If an employee [covered by the Nevada industrial commission] who has a permanent physical impairment from any cause of origin incurs a subsequent disability by injury arising out of and in the course of his employment resulting in compensation liability for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, [the commission shall pay compensation provided by this chapter on behalf of the employers and shall adopt regulations for allocating such compensation costs between the employers involved and the subsequent injury account.] the compensation due must be fairly allocated between the insurer and the subsequent injury fund in accordance with rules adopted by the administrator.

      2.  If the subsequent injury of such an employee results in the death of the employee and it is determined that the death would not have occurred except for [such] the preexisting permanent physical impairment, [the commission shall pay the compensation prescribed by this chapter on behalf of the employers and shall adopt regulations for allocating such compensation costs between the employers involved and the subsequent injury account.] the compensation due must be fairly allocated between the insurer and the subsequent injury fund in accordance with rules adopted by the administrator.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to be obtaining reemployment if the employee should be unemployed. For the purposes of this section, no condition may be considered a “permanent physical impairment” unless it would support a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the latest edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.

 


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ê1981 Statutes of Nevada, Page 1478 (Chapter 642, SB 548)ê

 

a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the latest edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.

      4.  In order to qualify under this section for [credit against] reimbursement from the subsequent injury [account, the employer] fund, the insurer must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time that the employee was hired, at the time the employee was retained in employment after the employer acquired such knowledge or that the employee failed to report or denied the impairment on any written application which formed the basis of the employment.

      5.  An [employer] insurer shall notify the [commission] administrator of any possible claim against the subsequent injury [account] fund as soon as practicable, but in no event later than 100 weeks after the injury or death.

      6.  [The commissioner of insurance must by regulation establish a special revenue fund, known as the subsequent injury fund, and establish the assessments to be paid into it by self-insured employer.] The director shall establish regulations by which claims against the subsequent injury fund may be submitted and decisions made.

      7.  An appeal of any decision made concerning a claim against the subsequent injury fund must be submitted directly to the appeals officer.

      Sec. 160.  NRS 616.435 is hereby amended to read as follows:

      616.435  1.  All disbursements from the state insurance fund [shall] must be paid by the state treasurer upon warrants or vouchers of the [commission] system authorized and executed by the [commission] manager pursuant to chapter 351 of NRS (Uniform Facsimile Signatures of Public Officials Act). The state treasurer [shall be] is liable on his official bond for the faithful performance of his duty as custodian of the state insurance fund deposit account. The State of Nevada [shall not be] is not liable for the payment of any compensation or any salaries or expenses in the administration of this chapter, except from the state insurance fund deposit account, but [shall be] is responsible for the safety and preservation of the state insurance fund.

      2.  A sum of $200,000 in the aggregate may be regularly maintained on deposit by the [commission] system in all the collection depositary banks. [Such] An account kept currently on deposit [shall] must be used for the transaction of the ordinary business and functions of the [commission,] system, including compensation. [Such account shall] The account must be a trust account, and [shall] must not be removed or drawn upon except on checks or drafts of the [commission] system authorized and executed by the [commission] manager pursuant to chapter 351 of NRS (Uniform Facsimile Signatures of Public Officials Act), and [shall] must be made payable to the state treasurer for the state insurance fund deposit account.

      3.  [Anything to the contrary in this chapter notwithstanding, the commission] The system shall authorize disbursements from the state insurance fund to provide all benefits provided for in this chapter.

      Sec. 161.  NRS 616.440 is hereby amended to read as follows:

      616.440  The [commission,] system, by resolution approved by the governor, state treasurer and state controller, two of whom [shall] constitute a majority, in writing, may establish and maintain a petty cash or revolving fund to be retained in the possession of the [commission.]

 


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ê1981 Statutes of Nevada, Page 1479 (Chapter 642, SB 548)ê

 

governor, state treasurer and state controller, two of whom [shall] constitute a majority, in writing, may establish and maintain a petty cash or revolving fund to be retained in the possession of the [commission.] system. The revolving fund [shall] must never exceed $5,000, and [shall] must be used for the payment of current administrative expenses, excluding compensation. The [members of the commission shall be] manager is liable on [their respective official bonds] his official bond for the safety of the petty cash or revolving fund.

      Sec. 162.  NRS 616.455 is hereby amended to read as follows:

      616.455  The [commission,] system, by resolution approved by the governor, state treasurer and state controller, two of whom [shall] constitute a majority, in writing, may designate a bank or banks as collection depositaries, and may deposit therewith, with or without interest, for collection, all premiums, contributions, penalties, properties or securities paid to or collected or acquired by the [commission,] system, and such collection depositaries shall [be required to] furnish security for such deposits in the full amount thereof as provided in this chapter. All the proceeds of such collections, except as otherwise provided in this chapter, [shall] must be transferred from such depositaries to the state insurance fund by the [commission.] system.

      Sec. 163.  NRS 616.460 is hereby amended to read as follows:

      616.460  1.  The security to be deposited with the [commission] system by any bank for any premiums, contributions, penalties, or securities, and for any part of the state insurance fund deposited for collection or otherwise by the [commission,] system, must consist of:

      (a) Bonds of the United States [.] ;

      (b) Bonds the payment of which is guaranteed by the United States [.] ;

      (c) Certificates issued under the authority of the United States [.] ;

      (d) Bonds of this state or any state in the union [.] ;

      (e) Bonds, notes or warrants of any county within any state [.] ; or

      (f) Bonds or warrants of any municipality, school district, irrigation or drainage district, or political subdivision of and in the state.

      2.  The security must be in an amount determined by the [commission] system and approved by the governor, state treasurer and state controller, two of whom constitute a majority, but not less than the sums secured, and must be approved in writing by the [commission] system and the governor, state treasurer and state controller, two of whom constitute a majority, and must be deposited and kept deposited with the [commission] system as provided in this chapter.

      3.  The agreement of security made and deposited with the securities inures to the [commission] system as custodian, and for the use and benefit of the state insurance fund, and must permit withdrawal, substitution, and requirement of additional security, upon written approval of the [commission] system and of the governor, state treasurer and state controller, two of whom constitute a majority. Deposits must be secured to an amount equal to the daily average balance for each month.

      Sec. 164.  NRS 616.470 is hereby amended to read as follows:

      616.470  1.  The [commission] system may, with the approval of the state board of finance, deposit not more than 25 percent of the reserve and surplus of the state insurance fund in banks or in insured savings and loan associations in [the State of Nevada,] this state, upon interest at not less than the prevailing and current rate paid in Nevada upon savings accounts by banks or insured savings and loan associations.

 


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ê1981 Statutes of Nevada, Page 1480 (Chapter 642, SB 548)ê

 

and surplus of the state insurance fund in banks or in insured savings and loan associations in [the State of Nevada,] this state, upon interest at not less than the prevailing and current rate paid in Nevada upon savings accounts by banks or insured savings and loan associations.

      2.  [Such] These banks or savings and loan associations shall deposit with the [commission] system bonds of the United States or other securities in which money of the state insurance fund may be invested, as provided in NRS 355.140 to 355.160, inclusive, in an amount, at market value, sufficient to protect and guarantee the depositor against any loss by reason of the failure or suspension of the bank or savings and loan association, or loss from any other cause. The amount of the security to be deposited and the fair value of the bonds deposited must be determined and fixed by the [commission] system and approved by the state board of finance, but the value of the bonds deposited must not be less than the sum deposited in the particular bank or savings and loan association.

      3.  Interest earned by the portion of the state insurance fund which may be so deposited in any banks or insured savings and loan association must be placed to the credit of the state insurance fund.

      Sec. 165.  NRS 616.475 is hereby amended to read as follows:

      616.475  1.  Whenever any bank or savings and loan association wherein funds are deposited, as provided by this chapter, [shall fail] fails to pay on written demand the entire balance due in the deposit within 48 hours after demand is made, the [commission,] system, as custodian of any bonds and securities, shall, within 30 days thereafter:

      (a) Convert into cash so much of the bonds and securities, including interest, as may be necessary to pay the amount deposited, together with interest as agreed, including costs; and

      (b) Disburse the proceeds according to law, returning any surplus to the depositary or its legal representative, and, if there [be] is a deficiency, reserving right to file claim for the [same.] deficiency.

      2.  At any sale the [commission] system may bid for and purchase the bonds offered for sale whenever such bonds or securities be legal investments for [commission] funds of the system or whenever it [be] is deemed necessary so to do by the [commission] system to purchase any such securities in order to protect the best interests of the state insurance fund.

      Sec. 166.  NRS 616.480 is hereby amended to read as follows:

      616.480  The [commission] system may reinsure any risk, or any part thereof, and arrange for such other reinsurance as, in its opinion, will properly protect the state insurance fund.

      Sec. 167.  NRS 616.497 is hereby amended to read as follows:

      616.497  1.  Notwithstanding the provisions of chapter 355 of NRS or of any other law, the [commission] manager may, pursuant to a resolution of the [commission,] board, invest and reinvest any [moneys in its funds] money in the funds of the system deemed available for investment as provided in NRS 616.4971 to 616.4984, inclusive, and may employ investment counsel for [such] that purpose.

      2.  The provisions of NRS 616.497 to 616.4984, inclusive, [shall not be deemed to] do not prevent the [commission] manager from making investments in accordance with the provisions of chapter 355 of NRS.

 


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ê1981 Statutes of Nevada, Page 1481 (Chapter 642, SB 548)ê

 

making investments in accordance with the provisions of chapter 355 of NRS.

      Sec. 168.  NRS 616.4971 is hereby amended to read as follows:

      616.4971  1.  No person, firm or corporation engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as an agent for the [commission shall be] system is eligible for employment as investment counsel for the [commission.] system.

      2.  The [commission] board shall not engage investment counsel unless:

      (a) The principal business of the person, firm or corporation selected by the [commission] board consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client;

      (b) [Such] The person, firm or corporation and its predecessors have been continuously engaged in such business for a period of 3 or more years, and the senior management personnel of [such] the person, firm or corporation have an average of 10 years professional experience as investment managers;

      (c) [Such] The person, firm or corporation, [shall,] as of the time originally hired, [have] has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in [the State of Nevada;

      (d) Such] this state;

      (d) The person, firm, or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect, or is a national bank or an investment management subsidiary of a national bank; [and]

      (e) The contract between the [commission] system and the investment counsel is of no specific duration and is voidable at any time by either party; and

      (f) [Such] The person, firm or corporation has been approved by the state board of finance for employment as investment counsel.

      3.  More than one investment counsel may be employed in the discretion of the [commission.] board.

      4.  The expense of such employment [shall] must be paid from the state insurance fund.

      5.  Any investment program adopted by the [commission] system and all investments made thereunder [shall] must be reported quarterly in writing by the [commission] board to the state board of finance, and such report [shall be] is subject to review by the state board of finance. The state board of finance may require the [commission] board to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the [commission] board has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the [commission to implement] board to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance [shall] must be in writing.

 


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ê1981 Statutes of Nevada, Page 1482 (Chapter 642, SB 548)ê

 

      6.  With the approval of the state board of finance, the [commission] board may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4984, inclusive.

      7.  The [commission] system may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.

      Sec. 169.  NRS 616.4972 is hereby amended to read as follows:

      616.4972  1.  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof.

      2.  The [commission] manager may invest and reinvest the [moneys in its fund] money in the funds of the system in obligations of the United States Postal Service or the Federal National Mortgage Association, whether or not guaranteed as to principal and interest by the United States of America.

      3.  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in obligations issued or guaranteed by the International Bank for Reconstruction and Development and the Inter-American Development Bank.

      Sec. 170.  NRS 616.4973 is hereby amended to read as follows:

      616.4973  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in bonds or evidences of indebtedness which are direct obligations of, or secured by the full faith and credit of, the Dominion of Canada or any of its provinces, cities or municipal corporations, where there exists the power to levy taxes for the prompt payment of the principal and interest of such bonds or evidences of indebtedness; but [such] the Dominion, province, city or municipal corporation [shall] must not be in default in the payment of principal or interest on any bonds or other evidences of indebtedness at the date of [such] the investment.

      Sec. 171.  NRS 616.4974 is hereby amended to read as follows:

      616.4974  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in bonds or evidences of indebtedness which are direct obligations of, or secured by the full faith and credit of, any state of the United States or the District of Columbia where there exists the power to levy taxes for the prompt payment of the principal and interest on any bonds or evidences of indebtedness; but [such] the state or district [shall] must not be in default in the payment of principal or interest on any bonds or other evidences of indebtedness at the date of [such] the investment.

      Sec. 172.  NRS 616.4975 is hereby amended to read as follows:

      616.4975  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in bonds or evidences of indebtedness which are direct general obligations of any county, city, town, village, school district, sanitary district, park district, or other political subdivision or municipal corporation of any state of the United States or District of Columbia, which is not in default in the payment of any of its general obligations bonds, either principal or interest, at the date of [such] the investment, where they are payable from ad valorem taxes levied on all the taxable property located therein and the total indebtedness after deducting sinking funds and all debts incurred for self-sustaining public works does not exceed 10 percent of the actual value of all taxable property therein on the basis of which the last assessment was made before the date of [such] the investment.

 


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ê1981 Statutes of Nevada, Page 1483 (Chapter 642, SB 548)ê

 

United States or District of Columbia, which is not in default in the payment of any of its general obligations bonds, either principal or interest, at the date of [such] the investment, where they are payable from ad valorem taxes levied on all the taxable property located therein and the total indebtedness after deducting sinking funds and all debts incurred for self-sustaining public works does not exceed 10 percent of the actual value of all taxable property therein on the basis of which the last assessment was made before the date of [such] the investment.

      Sec. 173.  NRS 616.4976 is hereby amended to read as follows:

      616.4976  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in bonds or other obligations which are payable from revenues or earnings specifically pledged therefor of a public utility, state or municipally owned, either directly or through any civil division, authority or public instrumentality of a state or municipality [; provided:

      1.  That the] if:

      1.  The laws of the state or municipality authorizing the issuance of such bonds or other obligations require that rates for service [shall] be fixed, maintained and collected at all times so as to produce sufficient revenue or earnings to pay all operating and maintenance charges and both principal and interest of such bonds or obligations; and

      2.  [That no] No such bonds or other obligations [shall be] are in default at the date of [such] the investment.

      Sec. 174.  NRS 616.4977 is hereby amended to read as follows:

      616.4977  1.  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in bonds, notes or evidences of indebtedness issued by any local improvement district in this or any other state to finance local improvements authorized by law, if the principal and interest of such obligations is payable from assessments on real property within [such] the local improvement district.

      2.  No such investment [shall] may be made unless:

      (a) The face value of all such obligations, and similar obligations outstanding, does not exceed 50 percent of the market value of the real property and improvements upon which [such] the bonds or the assessments for the payment of principal and interest thereon are liens inferior only to the liens for general ad valorem property taxes.

      (b) No default in payment of the principal or interest on the obligations to be purchased has occurred within 5 years of the date of investment therein, or, if such obligations were issued less than 5 years [prior to] before the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or any other obligation of the issuer within 5 years of [such] the investment.

      Sec. 175.  NRS 616.4978 is hereby amended to read as follows:

      616.4978  1.  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in bonds, debentures, notes and other evidences of indebtedness issued, assumed or guaranteed by any solvent corporation or corporations (other than those organized and chartered for the sole purpose of holding stocks of other corporations) created or existing under the laws of the United States or of any of the states of the United States or the District of Columbia, or the Dominion of Canada or any of its provinces, which are not in default either as to principal or interest; provided:

 

 


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ê1981 Statutes of Nevada, Page 1484 (Chapter 642, SB 548)ê

 

States or of any of the states of the United States or the District of Columbia, or the Dominion of Canada or any of its provinces, which are not in default either as to principal or interest; provided:

      (a) In the case of any public utility company, the net earnings available for its fixed charges for [a period of] 5 fiscal years next preceding the date of investment therein have averaged per year not less than one and one-half times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, [such] the net earnings have been not less than one and one-half times its fixed charges for such year.

      (b) In the case of any finance company, the net earnings available for its fixed charges for [a period of] 5 fiscal years next preceding the date of investment therein have averaged per year not less than one times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, [such] the net earnings have not been less than one times its fixed charges for such year.

      (c) In the case of any solvent institution other than those described in paragraphs (a) and (b), [above,] the net earnings available for its fixed charges for [a period of] 5 fiscal years next preceding the date of investment therein have averaged per year not less than one and one-half times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, [such] the net earnings have been not less than one and one-half times its fixed charges for such year.

      2.  The [commission] manager shall not invest in any one issue of such bonds described in paragraphs (a), (b) and (c) of subsection 1 in an amount in excess of 10 percent of any one such issue.

      Sec. 176.  NRS 616.4979 is hereby amended to read as follows:

      616.4979  1.  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in equipment trust obligations or certificates evidencing an interest in or lien upon transportation equipment used or to be used by a common carrier or carriers and a right to receive determined portions of fixed obligatory payments for the use or purchase of such equipment when such obligations or certificates are issued and are unconditionally guaranteed as to principal and interest, and, as to the payment of such obligatory payments, by a corporation created or existing under the laws of the United States, or any state, district or territory thereof, or the Dominion of Canada or any of its provinces, and when the face amount of such obligations or certificates does not exceed 80 percent of the purchase price of the transportation equipment.

      2.  The [commission] manager shall not invest in any one issue of obligations or certificates in this section in an amount in excess of 10 percent of any one such issue.

      Sec. 177.  NRS 616.498 is hereby amended to read as follows:

      616.498  1.  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in preferred or guaranteed stock or shares of any solvent institution created or existing under the laws of the United States or of any state, district or territory thereof, if all prior obligations and prior preferred stocks, if any, of such institutions at the date of acquisition are eligible as investments under this section and if the net earnings of such institution available for its fixed charges during either of the last 2 years have been, and during each of the last 5 years have averaged not less than one and one-half times, in the case of a public utility company, one times in the case of a finance company and one and one-half times in the case of any solvent institution other than a public utility company or a finance company, the sum of its average annual fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements.

 


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ê1981 Statutes of Nevada, Page 1485 (Chapter 642, SB 548)ê

 

thereof, if all prior obligations and prior preferred stocks, if any, of such institutions at the date of acquisition are eligible as investments under this section and if the net earnings of such institution available for its fixed charges during either of the last 2 years have been, and during each of the last 5 years have averaged not less than one and one-half times, in the case of a public utility company, one times in the case of a finance company and one and one-half times in the case of any solvent institution other than a public utility company or a finance company, the sum of its average annual fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements. For the purpose of this section, such computation [shall] must refer to the fiscal years immediately preceding the date of acquisition, and the term “preferred dividend requirement” shall be deemed to mean cumulative or noncumulative dividends, whether paid or not.

      2.  The [commission] manager shall not invest more than 1 percent of [its] his assets in the preferred stock of any one issuing company, nor [shall] may the aggregate of [its] his investments under this section exceed 10 percent of [its] his assets.

      Sec. 178.  NRS 616.4981 is hereby amended to read as follows:

      616.4981  1.  The [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof.

      2.  The [commission] manager shall not invest more than 1 percent of [its] the system’s assets in the common stock or capital stock of any one issuing company, nor [shall] may the aggregate of [its] the system’s investments under this section at cost exceed 20 percent of its assets.

      Sec. 179.  NRS 616.4982 is hereby amended to read as follows:

      616.4982  1.  The [commission] manager may invest in bonds or notes that are:

      (a) Guaranteed by the Veterans’ Administration under the Servicemen’s Readjustment Act of 1944 (as from time to time amended), or otherwise guaranteed by the United States of America, or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemen’s Readjustment Act, in which case the loan amount at the time of investment by the [commission] manager may equal the unpaid principal balance; or

      (b) Insured under the National Housing Act or under the Farmers Home Administration Act of 1946 (as from time to time amended), in which case the loan amount at the time of investment by the [commission] manager may equal the amount of the loan insurance provided.

      2.  The [commission] manager shall not in any manner, either directly or indirectly, invest in real estate mortgages that are junior to first mortgages.

      3.  The [commission] manager shall not invest more than 20 percent of [its] the system’s assets in the securities described in this section.

      4.  No mortgage loan upon a leasehold may be made or acquired pursuant to this section unless the terms thereof provide for amortization payments to be made by the borrower on the principal at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by enforceable option of renewal, which is unexpired at the time the loan is made, but in no event more than 30 years.

 


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ê1981 Statutes of Nevada, Page 1486 (Chapter 642, SB 548)ê

 

payments to be made by the borrower on the principal at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by enforceable option of renewal, which is unexpired at the time the loan is made, but in no event more than 30 years.

      5.  The [commission] manager may enter into servicing agreements with qualified mortgage servicing institutions for the handling of mortgage service details, and may reimburse the institutions the customary fee charged by the trade. The servicing institution shall furnish the [commission] manager each month, with respect to each mortgage serviced, postings of all cash transactions affecting each mortgage and, at the end of each calendar year, a completely posted ledger sheet for each separate mortgage serviced, giving all cash transactions affecting each mortgage.

      Sec. 180.  NRS 616.49831 is hereby amended to read as follows:

      616.49831  The [commission] manager may invest and reinvest the money in [its funds] the funds of the system in:

      1.  Commercial paper as it is set forth in the Uniform Commercial Code—Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 180 days’ maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia.

      2.  Collective or part interest in commercial paper held by national banks and issued by companies whose commercial paper meets the requirements prescribed in subsection 1.

      3.  Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System.

      4.  Time certificates of deposit issued by commercial banks or insured savings and loan associations.

      5.  Savings accounts in state banks, located in and organized under the laws of this state, or national banks.

      6.  Savings accounts in insured savings and loan associations located in or organized under the laws of this state.

      Sec. 181.  NRS 616.4984 is hereby amended to read as follows:

      616.4984  The following limitations on investments [shall] must be observed:

      1.  The [commission] system shall not have at any time any combination of investments in any one institution, agency, corporation or political subdivision aggregating an amount exceeding 5 percent of its assets. This restriction [shall] does not apply to:

      (a) Investments in general obligations of the United States of America.

      (b) Investments owned by the [commission] system on April 6, 1959.

      2.  The [commission] system shall not have in total more than 10 percent of its assets invested in the Dominion of Canada, its provinces, its cities, its municipal corporations and the obligations of corporations organized under the laws of the Dominion of Canada or any of its provinces.

 


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ê1981 Statutes of Nevada, Page 1487 (Chapter 642, SB 548)ê

 

organized under the laws of the Dominion of Canada or any of its provinces.

      Sec. 182.  NRS 616.4985 is hereby amended to read as follows:

      616.4985  1.  Subject only to the limitations of NRS 616.4984 and not in any way subject to the limitations of NRS 616.4981, the [commission] manager may invest and reinvest the [moneys in its funds] money in the funds of the system in securities and stock recommended by investment counsel whether or not the securities or stock are expressly authorized or qualified under [chapter 616 of NRS] this chapter if, in the opinion of the investment counsel, the investment conforms to the overall investment objectives of the [commission] system subject to the standard as set forth in the following paragraph, and provided that the aggregate of the investments under this section at cost [shall] does not exceed 10 percent of the assets.

      2.  In investing in securities and stock under this section for the [commission,] system, investment counsel shall exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds considering the probable income as well as the probable safety of their capital. Within the limitation of the foregoing standard there may be acquired and retained as investments of the [commission] system under this section every kind of investment which men of prudence, discretion and intelligence acquire or retain for their own account.

      Sec. 183.  NRS 616.500 is hereby amended to read as follows:

      616.500  1.  Notice of the injury for which compensation is payable under this chapter must be given to the [commission or the self-insured employer] insurer as soon as practicable, but within 30 days after the happening of the accident.

      2.  In case of death of the employee resulting from [such] the injury, notice must be given to the [commission or the self-insured employer] insurer as soon as practicable, but within 60 days after death.

      3.  The notice must:

      (a) Be in writing;

      (b) Contain the name and address of the injured employee;

      (c) State in ordinary language the time, place, nature and cause of the injury; and

      (d) Be signed by the injured employee or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf.

      4.  No proceeding under this chapter for compensation for an injury may be maintained unless the injured employee, or someone on his behalf, files with the [commission or self-insured employer] insurer a claim for compensation with respect to the injury within 90 days after the happening of the accident, or, in the case of death, within 1 year after death.

      5.  The notice required by this section must be served by delivery of a copy of the notice, or by mailing by certified mail a copy thereof in a sealed postpaid envelope addressed to the [commission at its office in Carson City, Nevada.]

 


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ê1981 Statutes of Nevada, Page 1488 (Chapter 642, SB 548)ê

 

in Carson City, Nevada.] insurer. Such mailing constitutes complete service.

      6.  Failure to give notice or to file a claim for compensation within the time limit specified in this section is a bar to any claim for compensation under this chapter, but such failure may be excused by the [commission] insurer on one or more of the following grounds:

      (a) That notice for some sufficient reason could not have been made.

      (b) That failure to give notice will not result in an unwarrantable charge against the state insurance fund.

      (c) That failure to give notice was due to the employee’s or beneficiary’s mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit.

      7.  The [commission or the self-insured employer] insurer must either accept or deny responsibility for compensation under this chapter or chapter 617 of NRS within 30 days after the notice provided for in this section is received. If additional information is necessary to determine liability, the [commission or self-insured employer] insurer may extend the period of 60 days upon notice to the claimant if the [commissioner of insurance] administrator approves. If additional information is still necessary, the [commission or self-insured employer] insurer may grant a further extension if the [commissioner of insurance] administrator approves and the claimant gives his written consent, but the total period may not be extended to more than 90 days.

      Sec. 184.  NRS 616.502 is hereby amended to read as follows:

      616.502  The [commission or the self-insured employer] insurer may not deny responsibility under this chapter for any charges for treatment of the injuries or disease of an employee solely because the treatment was provided by a person licensed to practice chiropractic pursuant to chapter 634 of NRS who is not a member of the panel of physicians.

      Sec. 185.  NRS 616.505 is hereby amended to read as follows:

      616.505  Where death results from injury, the parties entitled to compensation under this chapter, or someone in their behalf, must make application for compensation to the [commission or the self-insured employer.] insurer. The application must be accompanied by:

      1.  Proof of death;

      2.  Proof of relationship showing the parties to be entitled to compensation under this chapter:

      3.  Certificates of the attending physician, if any; and

      4.  Such other proof as required by the regulations of the [commission.] department.

      Sec. 186.  NRS 616.520 is hereby amended to read as follows:

      616.520  1.  If an employee who has been hired or is regularly employed in this state, receives personal injury by accident arising out of and in the course of such employment outside of this state, he, or his dependents in case of his death, are entitled to receive compensation according to the law of this state, and such compensation must be the exclusive remedy of the employee or dependents.

      2.  The provisions of this section apply only to those injuries received by the employee within 6 months after leaving this state, unless before the expiration of the 6 month period the employer has filed with the [commission, or with the commissioner of insurance if the employer is self-insured,] system or, in the case of a self-insured employer, with the administrator notice that he has elected to extend the coverage a greater period of time.

 


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ê1981 Statutes of Nevada, Page 1489 (Chapter 642, SB 548)ê

 

expiration of the 6 month period the employer has filed with the [commission, or with the commissioner of insurance if the employer is self-insured,] system or, in the case of a self-insured employer, with the administrator notice that he has elected to extend the coverage a greater period of time.

      Sec. 187.  NRS 616.530 is hereby amended to read as follows:

      616.530  1.  If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation for the injury or death from his employer, the act of commencing such action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this state.

      2.  If the injured employee, his personal or legal representatives, dependents or next of kin recover a final judgment against the employer for damages arising out of the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this state, up to the full amount thereof, but less any sums previously paid for the injury or death, must be applied in satisfaction of the judgment as follows:

      (a) Upon receipt of an authenticated copy of the final judgment and writ of execution or other process issued in aid thereof, the [commission or the self-insured employer] shall forthwith determine the total amount of compensation which would have been payable under the laws of this state had claim therefor been made to the [commission or the self-insured employer.] insurer. In the case of compensation payable in installments, the [commission or the self-insured employer] insurer shall convert it into a lump sum amount by such system of computation as the [commission or the commissioner of insurance if the employer is self-insured,] administrator deems proper.

      (b) The [commission or the self-insured employer] insurer shall thereupon order to be paid in full or partial satisfaction of the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is the lesser.

      (c) Except for a self-insured employer, if the judgment is satisfied fully by the employer before any payment by the [commission] system pursuant to paragraph (b), the amount payable thereunder must be paid to the employer.

      Sec. 188.  NRS 616.535 is hereby amended to read as follows:

      616.535  1.  Any employee entitled to receive compensation under this chapter is required, if requested by the [commission, a self-insured employer or the commissioner of insurance] insurer or ordered by an appeals officer or a hearing officer, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the [commission, or of the commissioner of insurance if the employer is self-insured.] department.

 


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ê1981 Statutes of Nevada, Page 1490 (Chapter 642, SB 548)ê

 

      2.  The request or order for the examination must fix a time and place therefor, due regard being had to the convenience of the employee, his physical condition and ability to attend at the time and place fixed.

      3.  The employee is entitled to have a physician, provided and paid for by him, present at any such examination.

      4.  If the employee refuses to submit to any such examination or obstructs it, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

      5.  Any physician who makes or is present at any such examination may be required to testify as to the result thereof.

      Sec. 189.  NRS 616.540 is hereby amended to read as follows:

      616.540  1.  If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee is in controversy, an appeals officer [, the commission, a self-insured employer or the commissioner of insurance] or the insurer may refer the case to the medical board which serves the appropriate medical board district.

      2.  The medical board shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into the medical question or determination of the extent of disability. At the time set, the medical board shall make a thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of the medical board members are in agreement, submit their findings, conclusions and recommendations, concerning medical questions only, to the person who referred the case.

      3.  Should the medical board not be in agreement as to the findings, conclusions and recommendations, the members of the medical board shall submit separate reports, concerning medical questions only, to the person who referred the case.

      Sec. 190.  NRS 616.5412 is hereby amended to read as follows:

      616.5412  Any person who is subject to the jurisdiction of the hearing officers under this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within his authority. The [commission or self-insured employer] insurer shall provide the forms necessary to request a hearing to any person who requests them without cost.

      Sec. 191.  NRS 616.5424 is hereby amended to read as follows:

      616.5424  At any time 10 or more days [prior to] before a scheduled hearing before an appeals officer or the [commission,] administrator, a party shall mail or deliver to the opposing party any affidavit which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced into evidence, will have the same effect as if the affiant had given sworn testimony before the appeals officer or [commission.] the administrator.

      Sec. 192.  NRS 616.545 is hereby amended to read as follows:

 


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ê1981 Statutes of Nevada, Page 1491 (Chapter 642, SB 548)ê

 

      616.545  1.  If change of circumstances warrants an increase or rearrangement of compensation, application [shall] must be made therefor. The application [shall] must be accompanied by the certificate of a physician, showing a change of circumstances which would warrant an increase or rearrangement of compensation. No increase or rearrangement [shall be] is operative for any period [prior to] before application therefor; but the [commission] insurer may allow the cost of emergency treatment the necessity for which has been certified to by a physician and upon receipt of such other evidence as may be required by the [commission.] insurer.

      2.  No application [shall be] is valid or claim thereunder enforceable unless filed within 1 year after the day upon which the injury occurred or the right thereto accrued.

      Sec. 193.  NRS 616.560 is hereby amended to read as follows:

      616.560  1.  When an employee coming under the provisions of this chapter receives an injury for which compensation is payable under this chapter and which injury was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

      (a) The injured employee, or in case of death, his dependents, may take proceedings against that person to recover damages, but the amount of the compensation to which the injured employee or his dependents are entitled under this chapter, including any future compensation under this chapter, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      (b) If the injured employee, or in case of death his dependents, receive compensation under this chapter, the [commission or the self-insured employer] insurer has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of his dependents to recover therefor. In any action or proceedings taken by the [commission or self-insured employer] insurer under this section evidence of the amount of compensation, accident benefits and other expenditures which the [commission or the self-insured employer] insurer has paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the [commission or the self-insured employer] insurer recovers more than the amounts it has paid or become obligated to pay as compensation, the excess must be paid to the injured employee or his dependents.

      (c) The injured employee, or in case of death his dependents, shall first notify the [commission or the self-insured employer] insurer in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.

      2.  In any case where the [commission or the self-insured employer] insurer is subrogated to the rights of the injured employee or of his dependents as provided in subsection 1, the [commission or the employer] insurer has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his death his dependents, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

 


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ê1981 Statutes of Nevada, Page 1492 (Chapter 642, SB 548)ê

 

double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      3.  The lien provided for under subsection 2 includes the total compensation expenditure incurred by the [commission or the self-insured employer] insurer for the injured employee and his dependents.

      4.  Within 15 days of the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise, the injured employee or his representative shall notify the [commission or the self-insured employer] insurer of such recovery and pay to the [commission or employer] insurer the amount due under this section together with an itemized statement showing the distribution of the total recovery.

      5.  In any trial of an action by the injured employee, or in the case of his death by his dependents, against a person other than the employer or a person in the same employ, the jury shall receive proof of the amount of all payments made or to be made by the [commission.] insurer. The court shall instruct the jury substantially as follows:

      (a) “Payment of workmen’s compensation benefits by the [Nevada industrial commission] insurer is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his favor in this case, he is not required to repay his employer or the [Nevada industrial commission] insurer any amount paid to him or paid on his behalf by his employer or by the [Nevada industrial commission”;] insurer”; and

      (b) “If you decide that the plaintiff is entitled to judgment against the defendant, you [shall] must shall find his damages in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.”

      Sec. 194.  NRS 616.567 is hereby amended to read as follows:

      616.567  1.  When the [commission] insurer determines that a case should be closed before all benefits to which the claimant may be entitled have been paid, the [commission] insurer shall send a written notice of its intention to close the case to the claimant by United States mail addressed to the last known address of the claimant. The notice must include a statement that the claimant has a right to a hearing before a hearing officer on the closing of his case, and that he may request a hearing, in writing on the form provided with the notice, within 30 days after the date on which the notice was mailed by the [commission,] insurer. A suitable form for requesting a hearing must be enclosed with the notice.

      2.  If the [commission] insurer does not receive a request for a hearing before a hearing officer within 30 days after mailing the notice, it may close the case. Upon receiving a request for a hearing, the [commission] insurer shall treat the case as a contested case for the purposes of the hearing.

      Sec. 195.  NRS 616.575 is hereby amended to read as follows:

      616.575  1.  In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent:

 


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ê1981 Statutes of Nevada, Page 1493 (Chapter 642, SB 548)ê

 

      (a) The total and permanent loss of sight of both eyes.

      (b) The loss by separation of both legs at or above the knee.

      (c) The loss by separation of both arms at or above the elbow.

      (d) An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.

      (e) An injury to the skull resulting in incurable imbecility or insanity.

      (f) The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee. [, may be deemed a permanent total disability.]

      2.  The enumeration in subsection 1 is not exclusive, and in all other cases permanent total disability [shall] must be determined by the [commission] insurer in accordance with the facts presented.

      Sec. 196.  NRS 616.583 is hereby amended to read as follows:

      616.583  [1.  Except as provided in subsection 2, each] Each former employee receiving benefits for a permanent total disability shall report annually on the anniversary date of the award to the [commission] insurer all of his employment for the prior 12-month period. In the event the former employee fails to make the report to the [commission] insurer within 30 days following the anniversary date, the [commission] insurer shall notify the employer and the employee that the report has not been received and the [commission] insurer may then order any further payments suspended until the report of employment is filed with the [commission.

      2.  Each former employee receiving benefits for a permanent total disability from a self-insured employer shall report annually on the anniversary date of the award to the self-insured employer all of his employment for the prior 12-month period. If the former employee fails to make the report within 30 days after the anniversary date, the self-insured employer may suspend further payment until the report is filed.] insurer.

      Sec. 197.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  The [percentage of disability must be determined by a physician designated by the commission or by the commissioner of insurance,] insurer shall select a physician from a panel of physicians designated by the administrator, to determine the percentage of disability in accordance with the current American Medical Association publication, “Guides to the Evaluation of Permanent Impairment,” as it exists on the date most recently specified by joint regulation of the commission and the commissioner. The commission and the commissioner may supplement this publication by adopting joint regulations for a supplemental guide.

      3.  No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

      4.  Each 1 percent of impairment of the whole man must be compensated by monthly payment of 0.5 percent of the claimant’s average monthly wage.

 


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ê1981 Statutes of Nevada, Page 1494 (Chapter 642, SB 548)ê

 

monthly wage. Compensation must commence on the date of the injury or the day following termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the 65th birthday of the claimant, whichever is later.

      (a) Compensation benefits may be paid annually to claimants with less than a 25 percent permanent partial disability.

      (b) A permanent partial disability award may be paid in a lump sum under the following conditions:

             (1) A claimant injured on or after July 1, 1973, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum.

             (2) A claimant injured on or after July 1, 1973, who incurs a disability that exceeds 12 percent may:

             (I) Upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the [commission or the self-insured employer] insurer to receive his compensation in a lump sum; or

             (II) Elect to receive up to 25 percent of his compensation in a lump sum without a demonstration of need.

             (3) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615 is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) The [commission, or the commissioner of insurance if the employer is self-insured,] department shall adopt regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.

      (d) Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      (e) The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value is calculated using monthly payments in the amounts prescribed in subsection 4 and the actuarial annuity tables adopted [jointly] by the [commission and the commissioner of insurance.] department. The tables must be reviewed annually by a consulting actuary.

      6.  An employee receiving:

      (a) Compensation for a permanent total disability is not entitled to compensation for a permanent partial disability during the period when he is receiving compensation for the permanent total disability.

      (b) Compensation for a temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability.

      (c) Compensation for a temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability.

 


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ê1981 Statutes of Nevada, Page 1495 (Chapter 642, SB 548)ê

 

compensation for a permanent partial disability during the period of temporary partial disability.

      7.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      8.  The [commission] department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      9.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      10.  This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 198.  NRS 616.615 is hereby amended to read as follows:

      616.615  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation [shall be] is known as a death benefit, and is payable in the amount to and for the benefit of the following:

      1.  Burial expenses.  In addition to the compensation payable under this chapter, burial expenses not to exceed $2,500. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the [commission or the self-insured employer] insurer if the transportation is not beyond the continental limits of the United States.

      2.  Widow.  To the widow, 66 2/3 percent of the average monthly wage. This compensation must be paid until her death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      3.  Widower.  To the widower, 66 2/3 percent of the average monthly wage. This compensation must be paid until his death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      4.  Children who survive a widow or widower.

      (a) In case of the subsequent death of the surviving spouse any surviving child or children of the deceased employee must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest reaches the age of 18 years.

      (b) If the children have a guardian, the compensation on account of them may be paid to the guardian.

      (c) Except as provided in subparagraphs (1) and (2), the entitlement of any child to receive his proportionate share of compensation under this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to compensation under this section if he is:

 


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ê1981 Statutes of Nevada, Page 1496 (Chapter 642, SB 548)ê

 

             (1) Over 18 years and incapable of self-support, until such time as he becomes capable of self-support; or

             (2) Over 18 years and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.

      (d) Upon the remarriage of a widow or widower with children, the widow or widower must be paid 2 years’ compensation in one lump sum and further benefits [shall] must cease. Following the remarriage by the widow or widower with children, each child must be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.

      5.  Surviving children but no surviving spouse.  If there is a surviving child or children of the deceased employee under the age of 18 years, but no surviving spouse, then each child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support until he reaches the age of 18 years or, if enrolled full-time in an accredited vocational or educational institution, until he reaches the age of 22 years.

      6.  Dependent parents, brothers and sisters.  If there is no surviving spouse or child under the age of 18 years, there must be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 33 1/3 percent of the average monthly wage.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 66 2/3 percent of the average monthly wage.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage.

      (d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) [shall] may in no case exceed 66 2/3 percent of the average monthly wage.

      7.  Questions of total or partial dependency.

      (a) In all other cases, a question of total or partial dependency must be determined in accordance with the facts as the facts may be at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months.

      8.  Apportionment of death benefit between dependents.  Compensation to the widow or widower must be for the use and benefit of the widow or widower, and of the dependent children, and the [commission] insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

 


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ê1981 Statutes of Nevada, Page 1497 (Chapter 642, SB 548)ê

 

widow or widower, and of the dependent children, and the [commission] insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      9.  Nonresident alien dependents.  If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation must be only 50 percent of the amount or amounts specified in this section.

      10.  Funeral expenses of dependent dying before expiration of award.  In the case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed $2,500 must be paid.

      Sec. 199.  NRS 616.620 is hereby amended to read as follows:

      616.620  Except as provided by NRS 616.605 and 616.615, [neither the commission nor a self-insured employer shall] the insurer shall not make or allow any lump-sum settlements.

      Sec. 200.  NRS 616.623 is hereby amended to read as follows:

      616.623  Every injured employee, widow, widower or dependent, within the provisions of this chapter, [shall be] is entitled to receive from a qualified employee of the [commission] insurer an explanation of the various alternatives implicit in lump sum compensation or other settlement under this chapter and the long-range effects of a determination made as to one or the other kind of settlement.

      Sec. 201.  NRS 616.629 is hereby amended to read as follows:

      616.629  1.  In addition to any other remedy provided for by law, if any employer within the provisions of NRS 616.285 fails to provide and secure compensation, or fails to maintain such compensation, under the terms of this chapter, the [commission] administrator may, in order to protect the employees of [such] the employer from the effect of not having industrial insurance coverage and upon compliance with the requirements of subsection 2, order the immediate cessation of all business operations at the place of employment or jobsite until such time as the employer performs all acts and duties enjoined upon him by this chapter as determined necessary by the [commission] administrator in order to provide, secure and maintain compensation under this chapter.

      2.  The order [shall:] must:

      (a) Include a reference to the particular sections of the statutes or regulations alleged to have been violated, and a short, plain statement of the facts alleged to constitute the violation.

      (b) Provide an opportunity for hearing to the employer on a date fixed in the order which [shall] must not be less than 5 nor more than 15 days after the date of the order, unless upon demand of the employer the date is advanced to the next business day after the demand is made to the [commission.] administrator. An order for summary suspension issued pursuant to this subsection [shall] must be endorsed with the date and hour of issuance and entered of record in the office of the [commission.] administrator.

      3.  Immediately upon receiving an order to cease business operations under subsection 1, an employer shall order all employees or other persons to leave the place of employment or jobsite and shall cease all business operations thereat.

 


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ê1981 Statutes of Nevada, Page 1498 (Chapter 642, SB 548)ê

 

under subsection 1, an employer shall order all employees or other persons to leave the place of employment or jobsite and shall cease all business operations thereat.

      4.  Upon request by the [commission,] administrator, any law enforcement agency in this state shall render any assistance necessary to carry out the requirement of subsection 3, including but not limited to preventing any employee or other person from remaining at the place of employment or jobsite.

      Sec. 202.  NRS 616.630 is hereby amended to read as follows:

      616.630  1.  If any employer within the provisions of NRS 616.285 [shall fail] fails to provide and secure compensation under the terms of this chapter, he shall be fined not more than $500 for each offense.

      2.  If the [commission] administrator or interested employee [shall complain] complains to the district attorney of any county that an employer in his county has violated the provisions of this section, [it shall be mandatory duty of] the district attorney [to] shall investigate the complaint. If, after investigation, he [shall find] finds that the complaint is well founded, he shall prosecute the employer for the offense.

      3.  If the [commission] administrator or interested employee [shall complain] complains to the attorney general of any neglect of any district attorney in the premises, [it shall be the mandatory duty of] the attorney general [to] shall investigate the complaint. If, after investigation, he [shall find] finds that the complaint is well founded, he shall forthwith institute proceedings against the district attorney as for a misdemeanor or to remove him from office.

      4.  The duty of the district attorney and of the attorney general [shall] must be enforced as to procedure in the same manner as is provided in the case of actions for the protection and benefit of employees as provided in NRS 607.160 and 607.200.

      Sec. 203.  NRS 616.635 is hereby amended to read as follows:

      616.635  Any employer who [shall misrepresent] misrepresents to the [commission] system or the administrator the amount of payroll upon which the premium under this chapter is based [shall be] is liable to the [commission] system or the administrator in 10 times the amount of the difference in premium paid and the amount the employer should have paid. The liability of the employer [shall] must be enforced in a civil action in the name of the [commission.] system or the administrator. All sums collected under this section [shall] must be paid into the state insurance fund [and the accident benefit fund.] or into the account of the administrator.

      Sec. 204.  NRS 616.645 is hereby amended to read as follows:

      616.645  1.  [Refusal on the part of the] Any employer who refuses to submit his books, records and payrolls for inspection, as provided by NRS 616.335, to a [commissioner or any assistant] representative of the system or the administrator, presenting written authority [from the commission shall subject the offending employer] for the inspection, is subject to a penalty of $100 for each offense, to be collected by civil action in the name of the [commission and paid into the accident benefit fund.] system or the administrator.

 


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ê1981 Statutes of Nevada, Page 1499 (Chapter 642, SB 548)ê

 

      2.  The [individual who shall personally give] person who gives such refusal [shall be] is guilty of a misdemeanor.

      Sec. 205.  NRS 616.665 is hereby amended to read as follows:

      616.665  1.  If any workman is injured because of the absence of any safeguard or protection required to be provided or maintained by, or pursuant to, any statute, ordinance, or any departmental regulation under any statute, the employer [shall be] is liable to the [commission] department for a penalty of not less than $300 nor more than $2,000, to be collected in a civil action at law by the [commission.] department.

      2.  The provisions of subsection 1 [shall] do not apply [to the employer] if the absence of the safeguard or protection is due to the removal thereof by the injured workman himself, or with his knowledge by any fellow workman, unless the removal is by order or direction of the employer or superintendent or foreman of the employer.

      3.  If the safeguard or protection is removed by the workman himself, or with his consent is removed by any of his fellow workmen, unless done by order or direction of the employer or superintendent or foreman of the employer, the compensation of the injured workman, as provided for by NRS 616.575 to 616.615, inclusive, and by NRS 616.625, [shall] must be reduced 25 percent.

      Sec. 206.  NRS 616.670 is hereby amended to read as follows:

      616.670  If any workman at the time of an injury [be less than] is under the minimum age prescribed by law for the employment of a minor in the occupation in which he [shall be] is engaged when injured, the employer [shall be] is liable to the [commission] department for a penalty of not less than $300 nor more than $2,000, to be collected in a civil action at law by the [commission.] department.

      Sec. 207.  NRS 616.680 is hereby amended to read as follows:

      616.680  A person who files with the [commission] insurer a claim for services rendered to an injured employee, when in fact and in truth such services were not performed, [shall be] is guilty of a gross misdemeanor.

      Sec. 208.  NRS 617.160 is hereby amended to read as follows:

      617.160  This chapter [shall] must be administered by the [Nevada industrial commission] department of industrial relations through the division of industrial insurance regulation in the same manner as provided for in chapter 616 of NRS.

      Sec. 209.  (Deleted by amendment.)

      Sec. 210.  NRS 617.205 is hereby amended to read as follows:

      617.205  1.  An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter.

      2.  A self-insured employer is not required to pay the contributions required of other employers by NRS 617.310.

      3.  The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the [commissioner of insurance] department with respect thereto.

      4.  The security deposited pursuant to NRS 616.291 does not relieve the employer from responsibility for the administration of claims and payment of compensation under this chapter.

 


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ê1981 Statutes of Nevada, Page 1500 (Chapter 642, SB 548)ê

 

the employer from responsibility for the administration of claims and payment of compensation under this chapter.

      5.  A self-insured employer qualifying under the provisions of this chapter must comply with the provisions of NRS 616.291.

      Sec. 211.  NRS 617.210 is hereby amended to read as follows:

      617.210  Before any person, firm or corporation [shall commence] commences work under any contract with the state or any political subdivision thereof, [such] the contractor shall furnish to the public authority having charge of the letting of the contract a certificate of the [commission] insurer certifying that the contractor has complied with the provisions of this chapter.

      Sec. 212.  NRS 617.220 is hereby amended to read as follows:

      617.220  Employers whose employees are excluded by NRS 617.080, [shall have the right to] may elect to cover such employees under the provisions of this chapter by notifying the [commission] insurer and the administrator in writing in the manner prescribed in subsection 2 of NRS 616.315.

      Sec. 213.  NRS 617.225 is hereby amended to read as follows:

      617.225  1.  A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter for the purpose of personally securing compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the [commission.] system.

      2.  A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination by a physician selected by the [commission prior to] system before the commencement of coverage and on a yearly basis thereafter. The [commission] system shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination [shall] must be paid by the sole proprietor.

      3.  A sole proprietor who elects to submit to the provisions of this chapter shall pay to the [commission] system premiums in such manner and amounts as may be prescribed by regulations of the [commission.] system.

      4.  If a sole proprietor fails to pay all premiums required by the regulations of the [commission, such] system, the failure operates as a rejection of this chapter.

      5.  A sole proprietor who elects to be included under the provisions of this chapter shall remain subject to all terms, conditions and provisions of this chapter and all regulations of the [commission] department until he files written notice with the [commission] system that he withdraws his election.

      6.  For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month.

      Sec. 214.  NRS 617.250 is hereby amended to read as follows:

      617.250  1.  Workmen described in subsection 5 of NRS 617.070, whose employer is within the provisions of this chapter, [shall] must be reported by the employer separate and apart from those employed at a daily wage, and the report [shall] must describe briefly:

 


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ê1981 Statutes of Nevada, Page 1501 (Chapter 642, SB 548)ê

 

      (a) The agreement under which the work is to be performed;

      (b) The aggregate number of shifts worked during the preceding month; and

      (c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.

      Otherwise, the payroll reports and premium payments on earnings of employees described in this section are governed by the requirements of this chapter regarding employees engaged at a regular wage.

      2.  Any such lessees, [however,] by filing with the [commission] system an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the lessor having the work executed, as provided in subsection 5 of NRS 617.070, is relieved of this obligation.

      Sec. 215.  NRS 617.275 is hereby amended to read as follows:

      617.275  1.  If an employee who has been hired and who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory occupational disease coverage, the employee may elect to receive compensation under the provisions of this chapter by:

      (a) Filing a written notice of his election with the [commission;] administrator; and

      (b) Making an irrevocable assignment to the [commission] administrator of his right of action against the uninsured employer.

      2.  Any employer who has failed to provide mandatory coverage required under the provisions of this chapter [shall] may not escape liability in any action brought by the employee or the [commission] administrator by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.

      Sec. 216.  NRS 617.280 is hereby amended to read as follows:

      617.280  [Subsequent to July 1, 1949, the commission] The manager shall lower the premium rate of, or declare a rebate to, any establishment or plant which has contributed to the occupational diseases fund for 1 year or more if and as experience [shall show] shows it to maintain such a high standard of safety as to differentiate it from other like establishments or plants. The amount of [such] the reduction of premium rate or rebate of premium contribution [shall be] is in the discretion of the [commission,] manager, but [shall] must not exceed 20 percent where the accident experience of [such] the establishment comprises less than 24 consecutive months or 30 percent where the accident experience comprises more than 24 consecutive months.

      Sec. 217.  NRS 617.290 is hereby amended to read as follows:

      617.290  Whenever the accident experience of an establishment or plant [shall show] shows that the operations or works of [such] the establishment or plant are more dangerous in comparison with other like establishments or plants, the [commission] manager may increase the premium rates for the operations or works of [such] the establishment or plant in proportion to the hazard.

 


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ê1981 Statutes of Nevada, Page 1502 (Chapter 642, SB 548)ê

 

or plant in proportion to the hazard. Such increase in premium rates may be made without previous notice.

      Sec. 218.  NRS 617.310 is hereby amended to read as follows:

      617.310  1.  Except for a self-insured employer, every employer within the provisions of this chapter and every employer electing to be governed by the provisions of this chapter, before becoming entitled to the benefits of this chapter in the providing and securing of compensation to his employees, shall pay to the [commission,] system, for the occupational diseases fund and the medical benefits fund, in the manner and at the times prescribed for the payment of premiums in chapter 616 of NRS, premiums in amounts fixed by the [commission] manager for the occupation or employment of such employer according to the classification, rules and rates made and promulgated by the [commission.] manager.

      2.  The [commission] manager shall fix the classifications of employment and the rules and rates regulating and prescribing premiums in regard thereto.

      Sec. 219.  NRS 617.320 is hereby amended to read as follows:

      617.320  1.  The occupational diseases account [shall] must be a separate account and [shall] must be so kept on the records of the [commission, but shall,] system, but must, in the hands of the [commission] system and, for the purposes of custody thereof, be and constitute a part of the state insurance fund, subject to the same provisions in regard thereto as are contained in chapter 616 of NRS.

      2.  The [commission shall have] system has all of the powers, authority and duties with respect to the prosecution and defense of suits, the collection, administration, investment and disbursement and the occupational diseases account as are provided for in chapter 616 of NRS relative to the prosecution and defense of suits, the collection, administration, investment and disbursement of the state insurance fund for the compensation of injured employees which are not inconsistent with the terms of this chapter.

      Sec. 220.  NRS 617.323 is hereby amended to read as follows:

      617.323  1.  There is hereby created in the state treasury the silicosis and disabled pension fund. The fund [shall consist of moneys] consists of money appropriated to the fund by the legislature and interest earned pursuant to NRS 356.087.

      2.  The silicosis and disabled pension fund [shall] must be administered by the state treasurer. The [moneys] money in the fund may be expended only for the purposes set forth in NRS 617.325 and none of the [moneys] money in the fund may be expended for administrative purposes. The expenditures [shall] must be made on claims approved by the [commission] system and paid as other claims against the state are paid.

      Sec. 221.  NRS 617.325 is hereby amended to read as follows:

      617.325  1.  The [moneys] money in the silicosis and disabled pension fund [shall] must be expended to provide:

      (a) The continuing benefits described in subsection 6 of NRS 617.406 [.] ;

      (b) The increased permanent total disability benefits described in NRS 616.626 [.] ; and

      (c) The increased death benefits described in NRS 616.628.

 


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ê1981 Statutes of Nevada, Page 1503 (Chapter 642, SB 548)ê

 

      2.  Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto under subsection 1, the state treasurer shall pay an amount equal to that shown on the statement from the silicosis and disabled pension fund to the [commission.] system.

      3.  At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parents or parents who are provided benefits or increased benefits under the provisions of subsection 1 are no longer eligible for such benefits, the balance of the silicosis and disabled pension fund [shall] must revert to the state general fund.

      Sec. 222.  NRS 617.330 is hereby amended to read as follows:

      617.330  In all cases of occupational disease or death resulting from occupational disease, except as otherwise provided in this chapter, a proceeding before the [commission or self-insured employer] insurer on a claim for compensation is forever barred, unless, within 90 days after the employee has knowledge of the disability, or within 1 year after death occurred, a claim therefor is filed with the [commission or self-insured employer.] insurer.

      Sec. 223.  NRS 617.340 is hereby amended to read as follows:

      617.340  In all cases under this chapter, the date of disablement [shall be] is such date as the [commission shall determine] insurer determines on hearing of the employee’s claim in accordance with the findings of one of the medical boards as provided in NRS 616.190.

      Sec. 224.  NRS 617.350 is hereby amended to read as follows:

      617.350  1.  All applications and claims for compensation must:

      (a) Be made in writing.

      (b) Contain the names and addresses of the employee and his employer.

      (c) State in ordinary language the facts and circumstances surrounding the disablement or disability claimed to have resulted from any of the occupational diseases defined in this chapter and the nature thereof.

      (d) Be signed by the employee or a person in his behalf, or in case of the employee’s death by one or more of his dependents or by a person in their behalf.

      2.  The application or claim required by this section must be served upon the [commission or a self-insured employer] insurer by:

      (a) Delivery to and leaving with it a copy of the application or claim; or

      (b) Mailing to the [commission or to the self-insured employer] insurer by certified mail a copy thereof. Such mailing constitutes complete service.

      3.  An application or claim having been served as provided in this section, the employee or his dependents, as the case may be, upon request, shall furnish to the [commission or the self-insured employer] insurer all facts and information in regard to the occupational disease for which compensation is claimed.

      Sec. 225.  NRS 617.360 is hereby amended to read as follows:

      617.360  1.  The application or claim provided for in NRS 617.350 must be supported by a physician’s certificate setting forth a full and complete report of the occupational disease for which compensation is claimed.

 


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ê1981 Statutes of Nevada, Page 1504 (Chapter 642, SB 548)ê

 

complete report of the occupational disease for which compensation is claimed.

      2.  Every physician or surgeon who attends an employee within the provisions of this chapter, subject to the regulations in chapter 616 of NRS, shall file such certificate with the [commission or with the self-insured employer.] insurer.

      Sec. 226.  NRS 617.370 is hereby amended to read as follows:

      617.370  1.  Any employee claiming the right to receive compensation under this chapter may be required by [a hearing officer,] an appeals officer [, the commission, a self-insured employer or the commissioner of insurance] or the insurer to submit himself for medical examination at any time and from time to time at a place reasonably convenient for the employee.

      2.  If the employee refuses to submit to any such examination or obstructs it, his right to have his claim for compensation considered if his claim is pending before the [commission or a self-insured employer,] insurer, or to receive any payments for compensation theretofore granted, must be suspended during the period of the refusal or obstruction.

      Sec. 227.  NRS 617.380 is hereby amended to read as follows:

      617.380  1.  On the filing of a claim for compensation for death from an occupational disease where in the opinion of the [commission, the self-insured employer or the commissioner of insurance] insurer it is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered by the insurer. The autopsy must be made by a person designated by the [commission, the self-insured employer or the commissioner of insurance.] insurer.

      2.  The person requesting [any such autopsy shall] an autopsy must pay the charge of the physician making [the same.] it.

      3.  Any person interested may designate a licensed physician to attend the autopsy.

      4.  The findings of the physician performing the autopsy must be filed with the [commissioner, the self-insured employer or the commissioner of insurance] insurer and is a public record.

      5.  All proceedings for compensation must be suspended upon refusal of a claimant or claimants to permit an autopsy when so ordered.

      6.  When an autopsy has been performed pursuant to an order of the [commission,] insurer, no cause of action may lie against any person for participating in or requesting the autopsy.

      Sec. 228.  NRS 617.390 is hereby amended to read as follows:

      617.390  1.  Compensation must not be awarded on account of both injury and disease.

      2.  If an employee claims to be suffering from both an occupational disease and an injury, the [commission or self-insured employer] insurer shall determine which is causing the disability and order payment of compensation in accordance with the provisions of chapter 616 of NRS.

      Sec. 229.  NRS 617.460 is hereby amended to read as follows:

      617.460  1.  Silicosis is an occupational disease and is compensable as such when contracted by an employee and when arising out of and in the course of the employment.

 


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ê1981 Statutes of Nevada, Page 1505 (Chapter 642, SB 548)ê

 

      2.  Claims for compensation on account of silicosis are forever barred unless application is made to the [commission or to the self-insured employer] insurer within 1 year after temporary or total disability or within 6 months after death.

      3.  Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

      4.  No compensation may be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee has been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 3 years in employment in Nevada covered by the [Nevada industrial commission or a self-insured employer.] insurer.

      5.  Compensation on account of silicosis is payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as provided in NRS 616.615, the [commission] insurer shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment. Payment of benefits and compensation is limited to the claimant and his dependents.

      6.  Any claimant who has been disabled by silicosis prior to July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled must be terminated from all compensation payments by the [commission,] insurer, but is entitled to continue to receive the same amount of compensation from the silicosis and disabled pension fund.

      Sec. 230.  Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 231 and 232 of this act.

      Sec. 231.  “Administrator” means the administrator of the division of occupational safety and health of the department of industrial relations.

      Sec. 232.  “Division” means the division of occupational safety and health of the department of industrial relations.

      Sec. 233.  NRS 618.055 is hereby amended to read as follows:

      618.055  “Department” means the department of [occupational safety and health.] industrial relations.

      Sec. 234.  NRS 618.065 is hereby amended to read as follows:

      618.065  “Director” means the director of the department of [occupational safety and health.] industrial relations.

      Sec. 235.  NRS 618.115 is hereby amended to read as follows:

      618.115  “General order” means any order which applies generally throughout the state to all employers and employees, employments or places of employment under the jurisdiction of the department. All other orders of the [department] division are special orders.

      Sec. 236.  NRS 618.135 is hereby amended to read as follows:

      618.135  “Order” means any decision, rule, regulation, direction, requirement or standard of the [department] division or any other determination arrived at or decision made by the [department] division under the safety and health provisions of this chapter.

 


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ê1981 Statutes of Nevada, Page 1506 (Chapter 642, SB 548)ê

 

requirement or standard of the [department] division or any other determination arrived at or decision made by the [department] division under the safety and health provisions of this chapter.

      Sec. 237.  NRS 618.175 is hereby amended to read as follows:

      618.175  [The department of occupational safety and health is hereby created under the jurisdiction of the commission, whose duty it shall be to] The division shall supervise and regulate all matters relating to the protection of the safety and health of employees in conformity with the provisions of this chapter.

      Sec. 238.  NRS 618.185 is hereby amended to read as follows:

      618.185  1.  The [department is designated as being] division is primarily responsible for occupational safety and health in [the State of Nevada.] this state.

      2.  The [department] division may enter agreements with state agencies by which these agencies complement each other’s services and work jointly in matters affecting occupational safety and health of employees.

      Sec. 239.  NRS 618.205 is hereby amended to read as follows:

      618.205  For the purpose of carrying out the provisions of this chapter, the [department] division shall coordinate to the greatest extent practicable the occupational safety and health activities of all state and local agencies and shall advise, consult and cooperate with other agencies of this state, the Federal Government, agencies of other states, interstate agencies and with affected public and private organizations.

      Sec. 240.  NRS 618.215 is hereby amended to read as follows:

      618.215  The [department] division may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter and may make such personnel available for participation in any program or programs of any state agency in furtherance of the purposes of this chapter.

      Sec. 241.  NRS 618.225 is hereby amended to read as follows:

      618.225  1.  The [department,] division, after consultation with cooperating state agencies, shall conduct directly or by grants or contracts:

      (a) Educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter.

      (b) Informational programs on the importance of and proper use of adequate safety and health equipment.

      2.  The [department,] division, in consultation with [such] cooperating state agencies, shall:

      (a) Provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employments covered by this chapter; and

      (b) Consult with and advise employers and employees and organizations representing employers and employees as to effective means of preventing occupational injuries and diseases. Consultative services [shall] must not detract from the enforcement efforts.

      Sec. 242.  NRS 618.235 is hereby amended to read as follows:

      618.235  1.  The [department shall] division must be administered by the [commission.] department.

      2.  A decision on any question arising under the provisions of this chapter [shall] must be the decision of the [director,] administrator, subject to review by the [commission.]

 


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ê1981 Statutes of Nevada, Page 1507 (Chapter 642, SB 548)ê

 

chapter [shall] must be the decision of the [director,] administrator, subject to review by the [commission.] department.

      3.  All employers shall assume a share of the costs of administering the [department] division which will be based on the premium rate charged each employer for industrial insurance.

      Sec. 243.  NRS 618.255 is hereby amended to read as follows:

      618.255  1.  The [department] division may employ such qualified employees as in the opinion of the [director] administrator are necessary to enforce the provisions of this chapter. Such personnel [shall] must be employed under the provisions of chapter 284 of NRS.

      2.  Any safety and health representative employed by the [department shall] division must have practical experience in the field of construction, trade, craft, technical skill, profession or industry in which his services are required.

      3.  The [director] administrator and other employees of the [department] division shall not be financially interested in any business interfering with, or inconsistent with, their duties. They shall give their entire time to the business of the [department] division and shall not pursue any other business or vocation or hold any office of profit.

      4.  An employee of the [department] division shall not serve on any committee of any political party.

      Sec. 244.  NRS 618.265 is hereby amended to read as follows:

      618.265  1.  The [department] division shall maintain its principal office in Carson City, Nevada.

      2.  The [department] division shall maintain suboffices at such places as industrial activity warrants. Suboffices may have complete facilities to supervise, regulate and enforce the provisions of this chapter.

      Sec. 245.  NRS 618.275 is hereby amended to read as follows:

      618.275  1.  The [department] division shall have a seal upon which will be the words [“Department] “Division of Occupational Safety and Health,” by which seal it shall authenticate its proceedings and orders.

      2.  All papers executed under [such seal shall] the seal must be admitted in evidence without further authentication or proof.

      Sec. 246.  NRS 618.285 is hereby amended to read as follows:

      618.285  The [department] division shall:

      1.  Prevent or abate hazards to the safety and health of employees;

      2.  Develop a program of eliminating or abating hazards;

      3.  Advise and recommend a program of safety and health applicable to public and state agencies;

      4.  Institute legal proceedings to compel compliance with this chapter or any rules, regulations, standards or orders adopted or issued under this chapter; and

      5.  Accept, receive and administer grants and other funds from any private or public source, including the Federal Government.

      Sec. 247.  NRS 618.295 is hereby amended to read as follows:

      618.295  1.  The [department] division shall adopt such regulations as are necessary to provide safe and healthful employment in those employments within its jurisdiction.

      2.  The [department] division shall not propose standards or regulations for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.

 


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ê1981 Statutes of Nevada, Page 1508 (Chapter 642, SB 548)ê

 

are required by compelling local conditions and do not unduly burden interstate commerce.

      3.  The [department] division may adopt by emergency regulation temporary emergency standards for the protection of employees who are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards.

      4.  Standards established under this chapter [shall] must apply equally to all places of employment.

      5.  Standards or regulations [shall] must provide for furnishing prompt information to employees by means of labels or warning signs regarding hazards in the workplace. The information [shall] must include the suitable precautions, the symptoms and emergency treatment in case of exposure to hazards.

      6.  If an employee has been exposed to a hazard and the [department] division considers a medical examination necessary, the cost of [such examination shall] the examination must be paid by the employer. The results of [such examination shall] the examination must be furnished only to the [department] division and, at the request of the employee, to the employee’s physician.

      7.  [To protect employees from hazards, standards] Standards or regulations [shall] must prescribe the use of suitable protective equipment and control methods or procedures to include monitoring or measuring [such] any exposures. The employees are entitled to be apprised of such monitoring and to obtain the results.

      8.  All federal occupational safety and health standards which the Secretary of Labor promulgates, modifies or revokes, and any amendments thereto, shall be deemed Nevada occupational safety and health standards.

      Sec. 248.  NRS 618.305 is hereby amended to read as follows:

      618.305  The [department] division may consider the following sources in adopting standards under this chapter:

      1.  American National Standards Institute (ANSI).

      2.  American Society of Mechanical Engineers (ASME).

      3.  American Society for Testing and Materials (ASTM).

      4.  Code of Federal Regulations (CFR).

      5.  National Electrical Code (NEC).

      6.  National Fire Protection Association (NFPA).

      7.  Any national consensus standard.

      8.  Any safety order legally adopted by the [department.] division.

      Sec. 249.  NRS 618.315 is hereby amended to read as follows:

      618.315  1.  The [department] division has authority over working conditions in all places of employment except as limited by subsection 2.

      2.  The authority of the [department] division does not extend to working conditions which:

      (a) Exist in household domestic service;

      (b) Exist in motor vehicles operating on public highways of this state;

      (c) Are regulated by the [inspector of mines] administrator of the division of mine inspection under the provisions of chapter 512 of NRS; or

      (d) Are regulated pursuant to the Federal Safety and Health Act of 1977 (30 U.S.C. §§ 801 et seq.), the Federal Safety Appliances Act (45 U.S.C.

 


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ê1981 Statutes of Nevada, Page 1509 (Chapter 642, SB 548)ê

 

(45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.).

      3.  The [department] division may:

      (a) Declare and prescribe which safety devices, safeguards or other means of protection are well adapted to render employees safe as required by lawful order, state standards or regulations of federal standards, as adopted by the [department.] division.

      (b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.

      (c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful.

      (d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands.

      (e) Provide the method and frequency of making investigations, examinations and inspections.

      (f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for those publications.

      (g) Furnish blank forms upon request.

      (h) Provide for adequate notice to each employer or employee of his right to administrative review of any [department] action or decision of the division as set forth in NRS 618.475 and 618.605 and to judicial review.

      (i) Consult with the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.

      (j) Appoint and fix the compensation of advisers who shall assist the [department] division in establishing standards of safety and health. The [department] division may adopt and incorporate in its general orders such safety and health recommendations as it may receive from advisers.

      Sec. 250.  NRS 618.325 is hereby amended to read as follows:

      618.325  1.  The [director] administrator and his representatives appointed under this chapter shall act with full power and authority to carry out and enforce the orders, standards and policies fixed by the [department,] division, and for the purposes set forth in this chapter may:

      (a) Certify to official acts;

      (b) Take depositions;

      (c) Issue subpenas;

      (d) Compel the attendance of witnesses; and

      (e) Compel the production of books, papers, records, documents and testimony.

      2.  Upon presenting appropriate credentials to any employer, the [director] administrator or his representative may:

 


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ê1981 Statutes of Nevada, Page 1510 (Chapter 642, SB 548)ê

 

      (a) Enter without delay and at reasonable times any place of employment; and

      (b) Inspect and investigate during regular working hours or at other reasonable times and within reasonable limits, [any such] that place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and question privately any [such] employer or an employee.

      Sec. 251.  NRS 618.345 is hereby amended to read as follows:

      618.345  1.  [In order to further the purposes of this chapter, the department] The division shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. [Such] This program may, at the discretion of the [commission,] department, cover all employments.

      2.  To carry out the provisions of subsection 1, the [department] division may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.

      3.  Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of five or more employees [shall] must be reported by the employer orally or in writing to the nearest office of the [department] division within 48 hours after the accident has occurred.

      4.  All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.

      5.  The [department] division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.

      6.  Requests for variances to federal recordkeeping and reporting regulations [shall] must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All [such] variances granted by the Bureau of Labor Statistics [shall] must be respected by the [department.] division.

      Sec. 252.  NRS 618.365 is hereby amended to read as follows:

      618.365  1.  This chapter does not supersede or in any manner affect the Nevada Industrial Insurance Act, the Nevada Occupational Diseases Act or enlarge, diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under the laws of this state with respect to injuries, occupational or other, diseases or death of employees arising out of or in the course of employment.

      2.  Statements, reports and information obtained or received by the [department] division in connection with an investigation under, or the administration or enforcement of, the provisions of this chapter [shall] must not be made available to any third party except as otherwise provided by this chapter nor admitted as evidence in any civil action other than an action for enforcement, variance hearing or review under this chapter. [However, the] The information may be used for statistical purposes if the information revealed is not identified as applicable to any individual employer.

 


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ê1981 Statutes of Nevada, Page 1511 (Chapter 642, SB 548)ê

 

      3.  Any report of investigation or inspection or any information concerning trade secrets or secret industrial processes obtained under this chapter [shall] must not be disclosed or open to public inspection except as such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any court proceeding under this chapter.

      4.  The [department,] division, the courts, and where applicable, the review board may issue such orders as may be appropriate to protect the confidentiality of trade secrets.

      Sec. 253.  NRS 618.367 is hereby amended to read as follows:

      618.367  Each employer is entitled to access to any records in the possession of the [department] division which concern that employer. If any such records contain the names of employees who have submitted complaint notices or have made other statements to the [department] division concerning that employer, the [department] division shall protect the identity of those employees.

      Sec. 254.  NRS 618.370 is hereby amended to read as follows:

      618.370  1.  Employees and former employees are entitled to access to any records in the possession of the [department] division which concern [such] those employees or their working environments.

      2.  Employees and former employees are entitled to access to any records in the possession of their employers or former employers which indicate their exposure to toxic materials or harmful physical agents.

      Sec. 255.  NRS 618.375 is hereby amended to read as follows:

      618.375  Every employer shall:

      1.  Furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

      2.  Furnish and use such safety devices and safeguards, and adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the [department.] division.

      3.  Post prominently in the working place all posters and information provided by the [department] division informing employees of their rights and obligations under this chapter.

      4.  Assign at least one person to be in charge of occupational safety and health.

      5.  Do every other thing reasonably necessary to protect the lives, safety and health of employees.

      Sec. 256.  NRS 618.425 is hereby amended to read as follows:

      618.425  1.  Any employee or representative of employees believing that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an investigation by giving notice to the [director] administrator or his representative of such violation or danger.

      2.  Any such notice [shall] must be reduced to writing, [shall] must set forth with reasonable particularity the grounds for the notice and [shall] must be signed by the employee or representative of the employees. The name of any employee submitting a written complaint notice or names of employees contained therein [shall] must be held confidential if so requested by the employee.

 


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ê1981 Statutes of Nevada, Page 1512 (Chapter 642, SB 548)ê

 

notice or names of employees contained therein [shall] must be held confidential if so requested by the employee.

      3.  If upon receipt of such notification the [department] division determines that there are reasonable grounds to believe that such violation or imminent danger exists, it shall make a special investigation as soon as practicable to determine whether such violation or imminent danger exists. If the [department] division determines that there are no reasonable grounds to believe that a violation or imminent danger exists, it shall notify the employees or representatives of employees of such determination.

      Sec. 257.  NRS 618.435 is hereby amended to read as follows:

      618.435  1.  [Prior to] Before or during any inspection of a workplace, any employees or representatives of employees employed in [such] the workplace may notify the [director] administrator or any representative of the [director] administrator responsible for conducting the inspection, in writing, of any violation of this chapter which they have reason to believe exists in [such] the workplace. The [department] division shall by regulation establish procedures for informal review of any refusal by a representative of the [director] administrator to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting [such] the review a written statement of the reasons for the [director’s] administrator’s final disposition of the case.

      2.  An opportunity [shall] must be afforded to a representative of the employer and an authorized representative of the employees to accompany the [department] representative of the division during the physical inspection of the place of employment or, where there is no authorized representative of [such] the employees, consultation [shall] must be had with a reasonable number of such employees.

      Sec. 258.  NRS 618.445 is hereby amended to read as follows:

      618.445  1.  A person shall not discharge or in any manner discriminate against any employee because [such] the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by [such] the employee on behalf of himself or others of any right afforded by this chapter.

      2.  Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3, after first notifying his employer and the [department] division of his intention to file the complaint. Any [such complaint shall] complaint must be filed with the [department] division within 30 days after the violation has occurred and [shall] must set forth in writing the facts constituting the violation.

      3.  Upon receipt of [such] the complaint by the [department, the director] division, the administrator shall cause such investigation to be made as he deems appropriate. If upon [such] investigation, the [director] administrator determines that the provisions of subsection 1 have been violated, he shall bring an action in any appropriate district court against the person who has committed the violation.

      4.  If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.

 


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ê1981 Statutes of Nevada, Page 1513 (Chapter 642, SB 548)ê

 

      5.  Any decision reached by the [director] administrator relating to the filing of an action under this section [shall] must be made available to the complaining employee within 90 days from the [department’s] division’s receipt of the complaint.

      Sec. 259.  NRS 618.465 is hereby amended to read as follows:

      618.465  1.  If, upon inspection or investigation, the [director] administrator or his authorized representative believes that an employer has violated a requirement of this chapter, or any standard, rule or order adopted or issued pursuant to this chapter, the [department] division shall with reasonable promptness issue a citation to the employer. Each citation must be in writing and describe with particularity the nature of the violation, including a reference to the section of this chapter or the provision of the standard, rule, regulation or order alleged to have been violated. In addition the citation must fix a reasonable time for the abatement of the violation. The [director] administrator may prescribe procedures for the issuance of a notice in lieu of a citation with respect to:

      (a) Minor violations which have no direct or immediate relationship to safety or health; and

      (b) Violations which are not serious and which the employer agrees to correct within a reasonable time.

      2.  Each citation issued under this section, or a copy or copies thereof, must be prominently posted as prescribed in regulations adopted by the [director] administrator at or near each place a violation referred to in the citation occurred.

      3.  No citation may be issued under this section after [the expiration of] 6 months following the occurrence of any violation.

      Sec. 260.  NRS 618.475 is hereby amended to read as follows:

      618.475  1.  If, after an inspection or investigation, the [department] division issues a citation under the provisions of this chapter, it shall, within a reasonable time after the termination of [such] the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has 15 working days within which to notify the [department] division that he wishes to contest the citation or proposed assessment of penalty. If, within 15 working days from the receipt of the notice issued by the [department,] division, the employer fails to notify the [department] division that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond his reasonable control, the [department] division shall issue an order affirming or modifying the abatement requirements in [such] the citation.

      2.  Any employee or his representative alleging that the time fixed in the citation for the abatement of a violation by his employer is unreasonable may, within 15 working days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the [department] division to contest the reasonableness of [such] the period of time for abatement of the violation and [shall] must be notified in writing as to the time and place of hearing before the review board.

 


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ê1981 Statutes of Nevada, Page 1514 (Chapter 642, SB 548)ê

 

for abatement of the violation and [shall] must be notified in writing as to the time and place of hearing before the review board.

      3.  If no appeal is filed by an employee or his representative under subsection 2 of this section within the time limit of 15 working days, [fixing of] the period of time fixed for the abatement of the violation [shall become] is final and not subject to review by any court or the review board.

      Sec. 261.  NRS 618.495 is hereby amended to read as follows:

      618.495  In an investigation the [department] division may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.

      Sec. 262.  NRS 618.505 is hereby amended to read as follows:

      618.505  1.  Each witness who appears in obedience to a subpena before the [department] division or its representative [shall] is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.

      2.  Claims for witnesses’ fees [shall] must be audited and paid by the [commission.] department.

      3.  No witness subpenaed at the instance of a party other than the [department] division is entitled to compensation from the [commission] department unless the [department] division certifies that his testimony was material to the matter investigated.

      Sec. 263.  NRS 618.515 is hereby amended to read as follows:

      618.515  If any person disobeys an order of the [department,] division, a subpena issued by it or one of its representatives, refuses to permit an inspection or refuses to testify as a witness to any matter regarding which he may be lawfully interrogated, then the district judge of the county in which the person resides, on application of the [director] administrator or his representative, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.

      Sec. 264.  NRS 618.525 is hereby amended to read as follows:

      618.525  1.  The [department] division may prosecute, defend and maintain actions in the name of the [department] division for the enforcement of the provisions of this chapter and is entitled to all extraordinary writs provided by the constitution of the State of Nevada, the statutes of this state and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.

      2.  Verification of any pleading, affidavit or other paper required may be made by the department.

      3.  In any action or proceeding or in the prosecution of any appeal by the [department,] division, no bond or undertaking may be required to be furnished by the [department.] division.

      Sec. 265.  NRS 618.535 is hereby amended to read as follows:

      618.535  Every order of the [department,] division, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this chapter, are admissible as evidence in any prosecution for the violation of any of the provisions, and [shall,] must, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety and health unless, [prior to] before the institution of the prosecution of [such] any violation or violations, proceedings for a rehearing thereon or a review thereof have been instituted and not then finally determined.

 


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ê1981 Statutes of Nevada, Page 1515 (Chapter 642, SB 548)ê

 

and lawful and to fix a reasonable and proper standard and requirement of safety and health unless, [prior to] before the institution of the prosecution of [such] any violation or violations, proceedings for a rehearing thereon or a review thereof have been instituted and not then finally determined.

      Sec. 266.  NRS 618.545 is hereby amended to read as follows:

      618.545  1.  The district courts [shall] have jurisdiction, upon petition of the [director,] administrator, to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of [such] the danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove [such] the imminent danger and prohibit the employment or presence of any [individual] person in locations or under conditions where [such] the imminent danger exists, except [individuals] persons whose presence is necessary to avoid, correct or remove [such] the imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit [such] it to be accomplished in a safe and orderly manner.

      2.  Upon the filing of [any such] the petition the district court shall have jurisdiction to grant [such] injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter, except that no temporary restraining order issued without notice [shall be] is effective for a period longer than 5 days.

      3.  Whenever and as soon as a [department] representative of the division concludes that conditions or practices described in subsection 1 exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the [director] administrator that relief be sought.

      Sec. 267.  NRS 618.565 is hereby amended to read as follows:

      618.565  1.  The occupational safety and health review board, consisting of five members appointed by the governor, is hereby created [.] under the department of industrial relations.

      2.  The governor shall appoint:

      (a) Two members who are representatives of management.

      (b) Two members who are representatives of labor.

      (c) One member who is a representative of the general public.

      3.  After the initial terms, members shall serve terms of 4 years. No member may serve more than two terms.

      4.  No person employed by the [commission] department or the [department] division may serve as a member of the board.

      Sec. 268.  NRS 618.585 is hereby amended to read as follows:

      618.585  1.  The board shall:

      (a) Meet as often as necessary to hold review hearings, as provided in NRS 618.605, at such times and places as the chairman may determine;

 


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ê1981 Statutes of Nevada, Page 1516 (Chapter 642, SB 548)ê

 

      (b) Enact rules and regulations governing the conduct of review hearings; and

      (c) Perform such other duties as the [commission] department may prescribe.

      2.  The board may employ legal counsel to advise it concerning matters which come before it.

      3.  A quorum of the board must be present in order for the conduct of review hearings or other business.

      4.  A quorum consists of at least one member representing labor, one member representing management and the member representing the general public.

      5.  All decisions of the board must be determined by a majority decision.

      6.  A complete record of every review hearing must be made.

      Sec. 269.  NRS 618.605 is hereby amended to read as follows:

      618.605  1.  Upon the receipt of any written appeal or notice of contest under NRS 618.475, the [commission] division shall within 15 working days notify the board of such an appeal or contest.

      2.  The board shall hold a formal factfinding hearing and render its decision based on the evidence presented at [such] the hearing.

      3.  Any employee of an employer or representative of [such] the employee may participate in and give evidence at the hearing, subject to rules and regulations of the board governing the conduct of such hearing.

      Sec. 270.  NRS 618.625 is hereby amended to read as follows:

      618.625  1.  The [department] division may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size of the employer, the gravity of the violation, the good faith of the employer and the history of previous violations.

      2.  For purposes of this chapter, a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use in that place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.

      3.  Administrative fines owed under this chapter must be paid to the [department.] division. The fines may be recovered in a civil action in the name of the [department] division brought in a court of competent jurisdiction in the county where the violation is alleged to have occurred or where the employer has his principal office.

      Sec. 271.  NRS 618.655 is hereby amended to read as follows:

      618.655  Any employer who fails to correct a violation for which a citation has been issued under this chapter within the period permitted for its correction (which period [shall] does not begin to run until the date of the final order of the [department] division in the case of any review proceeding under this chapter initiated by the employer in good faith and not solely for delay or avoidance of penalties) may be assessed an administrative fine of not more than $1,000 for each day during which [such] the failure or violation continues.

      Sec. 272.  (Deleted by amendment.)

 


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ê1981 Statutes of Nevada, Page 1517 (Chapter 642, SB 548)ê

 

      Sec. 273.  NRS 218.2725 is hereby amended to read as follows:

      218.2725  1.  Before any bill or joint resolution which affects the premiums charged to employers as provided in chapters 616 or 617 of NRS or the state insurance fund established by chapter 616 of NRS is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee, the fiscal analysis division shall obtain a fiscal note in the manner and form, to the extent applicable, provided for in NRS 218.272 to 218.2758, inclusive, showing the financial effect on the premiums charged employers by the [Nevada industrial commission] state industrial insurance system or on the state insurance fund.

      2.  The [Nevada industrial commission] state industrial insurance system shall provide such information upon request of the fiscal analysis division.

      3.  The department of administration is not required to review such a fiscal note, but upon request of any legislator, the fiscal analysis division shall review the note and submit its findings to the requester.

      Sec. 274.  NRS 218.610 is hereby amended to read as follows:

      218.610  As used in NRS 218.610 to 218.890, inclusive, “state departments” means all state offices, departments, boards, commissions, institutions, or agencies, and the [Nevada industrial commission.] state industrial insurance system.

      Sec. 275.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 276 to 291, inclusive, of this act.

      Sec. 276.  As used in sections 277 to 291, inclusive, of this act, unless the context otherwise requires:

      1.  “Department” means the department of industrial relations.

      2.  “Director” means the director of the department of industrial relations.

      3.  “Insurer” includes the state industrial insurance system, self-insured employers, and those employers covered under the provisions of NRS 616.255 and 616.256.

      Sec. 277.  1.  The department of industrial relations is hereby created.

      2.  The department consists of a director and the following divisions:

      (a) The division of administrative services.

      (b) The division of occupational safety and health.

      (c) The division of mine inspection.

      (d) The division of industrial insurance regulation.

      Sec. 278.  1.  There is hereby created in the department an advisory council composed of seven members appointed by the governor.

      2.  The advisory council must be composed of:

      (a) Three representatives of organized labor, selected from persons whose names are submitted by the Nevada State Branch of the American Federation of Labor and the Congress of Industrial Organizations;

      (b) Three representatives of management, selected from persons whose names are submitted by employer associations; and

      (c) One representative of the general public who is knowledgeable in the field of industrial relations.

      3.  Any member who is appointed to fill a vacancy must be appointed in the same manner and possess the same general qualifications as his predecessor in office.

 


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ê1981 Statutes of Nevada, Page 1518 (Chapter 642, SB 548)ê

 

      Sec. 279.  1.  The council shall meet at least twice annually at times and places specified by a call of the chairman, the director or a majority of the council. Special meetings, not to exceed six per year, may be held at the call of the chairman, the director or a majority of the council.

      2.  The council shall select from its members a chairman and vice chairman who shall hold office for 1 year. The director shall act as secretary of the council.

      3.  The council may prescribe such bylaws as it deems necessary for its operation.

      4.  Four members of the council constitute a quorum, and a quorum may exercise all the power and authority conferred on the council.

      Sec. 280.  The council shall act in an advisory capacity to the director and may, on its own initiative or at the request of the director, conduct studies or investigations concerning the organization and administration of the department and its divisions and make recommendations to the director based on the results of such studies or investigations.

      Sec. 281.  Each member of the council is entitled to receive a salary of $60 for each day’s attendance at a meeting of the council and the per diem allowance and travel expenses as provided for state officers and employees.

      Sec. 282.  The director:

      1.  Is appointed by, be responsible to and serve at the pleasure of the governor.

      2.  Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      3.  Is entitled to receive an annual salary of $38,231 and the travel expenses and subsistence allowances fixed by law for state officers and employees.

      4.  Must not engage in any other gainful employment or occupation.

      5.  Must have responsible administration experience in public or business administration or possess broad management skills in areas related to the functions of the department.

      6.  Must have the demonstrated ability to administer a major public agency in the field of industrial relations which has diverse functional divisions with related goals. His knowledge and abilities must include:

      (a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to the subject matters under his administrative direction;

      (b) An administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields; and

      (c) An ability to organize and present oral and written communication to the governor, the legislature, and other pertinent officials or persons.

      7.  Possess a background which indicates that he can impartially serve the interests of both employees and employers.

      Sec. 283.  The director:

      1.  Shall appoint administrators of the divisions of the department, subject to the approval of the governor, who are respectively designated as follows:

      (a) The administrator of the division of administrative services.

 


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ê1981 Statutes of Nevada, Page 1519 (Chapter 642, SB 548)ê

 

      (b) The administrator of the division of occupational safety and health.

      (c) The administrator of the division of mine inspection.

      (d) The administrator of the division of industrial insurance regulation.

      2.  Is responsible for the administration, through the divisions of the department, of the provisions of chapters 512, 608 to 611, inclusive, and 616 to 618, inclusive, of NRS, and all other provisions of law relating to the functions of the divisions of the department.

      3.  Has such other powers and duties as are provided by law.

      Sec. 284.  The director shall:

      1.  Establish departmental goals, objectives and priorities.

      2.  Approve divisional goals, objectives and priorities.

      3.  Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.

      4.  Coordinate divisional programs within the department and departmental and divisional programs with other departments and other levels of government.

      5.  Delegate to the administrators of the divisions such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.

      6.  From time to time adopt such regulations as he deems necessary for the administration of the department and its divisions.

      Sec. 285.  The director may enter into cooperative agreements with any federal or state agency or political subdivision of the state, or any public or private institution located in or outside this state, or any person, corporation or association, in connection with studies and investigations pertaining to any activities of the department.

      Sec. 286.  The director may employ, within the limits of legislative appropriations and pursuant to the provisions of NRS chapter 284, such staff as is necessary for the performance of his duties.

      Sec. 287.  1.  The director may appoint an assistant director of the department and assign his duties.

      2.  The assistant director is in the unclassified service of the state and is entitled to receive:

      (a) An annual salary of $37,500; and

      (b) Travel expenses and subsistence allowances as provided for state officers and employees.

      3.  The assistant director shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation.

      Sec. 288.  The administrator of each of the divisions of the department:

      1.  Is in the unclassified service of the state pursuant to the provisions of NRS chapter 284.

      2.  Is entitled to receive an annual salary as follows:

 

      (a) Division of administrative services...........................................    $32,808

      (b) Division of occupation safety and health...............................       34,334

      (c) Division of mine inspection........................................................       30,068

      (d) Division of industrial insurance regulation...........................       36,379

 


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ê1981 Statutes of Nevada, Page 1520 (Chapter 642, SB 548)ê

 

      3.  Is entitled to receive travel expenses and subsistence allowances as provided for state officers and employees when traveling in the discharge of his official duties.

      4.  Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      5.  Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit, except for temporary and part-time teaching duties on a university campus.

      Sec. 289.  1.  The director may provide for contract services to be rendered by such legal counsel as is needed for assistance in administering the laws relating to labor and industrial relations. Legal counsel must be an attorney admitted to practice law in Nevada.

      2.  In the prosecution of all claims and actions referred to him by the director, legal counsel has the same power as that vested in the district attorney of the several counties to enforce the laws relating to labor and industrial relations, except that legal counsel does not have the authority to prosecute for criminal violations of such laws.

      Sec. 290.  1.  The cost of carrying out the provisions of sections 276 to 291, inclusive, of this act, and of supporting the department and its various divisions must be paid from assessments payable by each insurer based upon expected annual expenditures for claims. The department must adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers.

      2.  The appropriation from the state general fund must defray the costs of the office and staff of the director.

      3.  Federal grants may partially defray the costs of:

      (a) The division of occupational safety and health;

      (b) The division of mine inspection; and

      (c) Any other division as may be appropriate.

      4.  Assessments made against insurers by the department after the adoption of regulations must be used to defray all costs and expenses of administering the workers’ compensation program, including the payment of:

      (a) All salaries and other expenses in administering the division of industrial insurance regulation, the division of administrative services, the division of occupational safety and health and the division of mine inspection.

      (b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

      (c) Claims against uninsured employers arising from compliance with NRS 616.377.

      Sec. 291.  The insurers, the division of insurance, the department of commerce and any other state agency or division having functions dealing with chapters 512, 608 to 611, inclusive, or 616 to 618, inclusive, of NRS shall cooperate with the director in the performance of his duties and shall provide the director with any information, statistics, or data in their records as he requires.

 


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ê1981 Statutes of Nevada, Page 1521 (Chapter 642, SB 548)ê

 

      Sec. 292.  NRS 242.030 is hereby amended to read as follows:

      242.030  1.  The provisions of NRS 242.010 to 242.060, inclusive, do not apply to the department of transportation, the department of motor vehicles, the state controller, the University of Nevada System, the legislative counsel bureau, the [Nevada industrial commission] state industrial insurance system and the employment security department, but subject to the provisions of NRS 242.010 to 242.060, inclusive, those departments, officers and agencies may utilize the services of the division.

      2.  The division shall provide state agencies with all of their required systems, programming and automatic data processing equipment services.

      3.  If the demand for services is in excess of the capability of the division to provide services, the division may contract with other agencies or independent contractors to furnish the required services and is responsible for the administration of the contracts.

      Sec. 293.  NRS 242.170 is hereby amended to read as follows:

      242.170  “Using agencies” means the department of transportation, the department of motor vehicles, the state controller and the central data processing division of the department of general services. Except as set forth in NRS 242.230, using agencies must have all of their data processing equipment services furnished by the commission. The employment security department, the [Nevada industrial commission] state industrial insurance system or the legislative counsel bureau may negotiate for data processing equipment services to be furnished by the computer facility on a mutually agreeable basis with the commission.

      Sec. 294.  NRS 242.190 is hereby amended to read as follows:

      242.190  1.  There is hereby created a data processing commission whose members consist of:

      (a) The state controller, who shall act as chairman;

      (b) The director of the department of motor vehicles;

      (c) The director of the department of administration;

      (d) The director of the department of transportation;

      (e) If the employment security department has services furnished by the computer facility, the executive director of the employment security department;

      (f) If the [Nevada industrial commission] state industrial insurance system has services furnished by the computer facility, the [chairman of the Nevada industrial commission;] manager of the state industrial insurance system;

      (g) If the legislative counsel bureau has services furnished by the computer facility, the director of the legislative counsel bureau or his designated representative; and

      (h) If the court system has services furnished by the computer facility, the court administrator or his designated representative.

      2.  The commission shall meet as often as necessary but at least once every 3 months. Members of the commission serve without additional compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.

      Sec. 295.  NRS 281.125 is hereby amended to read as follows:

      281.125  1.  In cases where the salary of an appointive officer or employee is determined by law, such salary [shall] must not be paid unless a specific legislative appropriation of [a sum of] money or a specific legislative authorization for the expenditure of [a sum of] money is made or enacted for the department or agency.

 


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ê1981 Statutes of Nevada, Page 1522 (Chapter 642, SB 548)ê

 

employee is determined by law, such salary [shall] must not be paid unless a specific legislative appropriation of [a sum of] money or a specific legislative authorization for the expenditure of [a sum of] money is made or enacted for the department or agency.

      2.  None of the provisions of this section [shall] apply to any officers or employees of the [Nevada industrial commission.] state industrial insurance system.

      Sec. 296.  (Deleted by amendment.)

      Sec. 297.  NRS 321.450 is hereby amended to read as follows:

      321.450  1.  The administrator, with the advice of the advisory group, and the board of county commissioners of Clark County may undertake such engineering and planning studies and surveys and take such other action as may be necessary for the development of Eldorado Valley.

      2.  The administrator, with the concurrence of the legislative commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures adopted by him.

      3.  Unless another proposal is pending as described in subsection 4, the board of county commissioners of Clark County may at any time propose to purchase part or all of the land described in subsection 2 of NRS 321.410. If the proposal is rejected by the administrator, the board of county commissioners may request a hearing on the matter before the legislative commission.

      4.  The administrator shall notify the board of county commissioners of Clark County of any proposal made by a person who appears to be ready, willing and able to purchase any of the land described in subsection 2 of NRS 321.410. The board may, within 60 days, comment on the proposal or make an offer to purchase any of the land. The administrator shall submit the proposal or proposals to the legislative commission for its concurrence.

      5.  Sale of land to any purchaser must be made pursuant to the terms and conditions established by federal law or by the Secretary of the Interior, and the price must include a sum sufficient to reimburse the state for all its actual costs.

      6.  The administrator, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment must be made by written instrument, be approved by the attorney general, and be forwarded to the Secretary of the Interior.

      7.  The administrator shall provide the members of the advisory group with industrial insurance through the [Nevada industrial commission.] state industrial insurance system.

      Sec. 298.  (Deleted by amendment.)

      Sec. 299.  (Deleted by amendment.)

      Sec. 300.  (Deleted by amendment.)

      Sec. 301.  (Deleted by amendment.)

      Sec. 302.  (Deleted by amendment.)

      Sec. 303.  (Deleted by amendment.)

      Sec. 304.  (Deleted by amendment.)

      Sec. 305.  (Deleted by amendment.)

      Sec. 306.  NRS 353.210 is hereby amended to read as follows:

 


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ê1981 Statutes of Nevada, Page 1523 (Chapter 642, SB 548)ê

 

      353.210  1.  Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

      2.  The expenditure estimates must be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state funds or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

      3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system, the [Nevada industrial commission] state industrial insurance system and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      Sec. 307.  NRS 353.224 is hereby amended to read as follows:

      353.224  1.  Except as provided in subsection 4, a state agency other than the University of Nevada System and vocational licensing boards may not change a position for which money has been appropriated or authorized from one occupational class or subclass to another, as defined by the index developed pursuant to NRS 284.171, without the approval of the legislature or of the interim finance committee.

      2.  All proposed changes of positions from one occupational class or subclass to another must be submitted to the interim finance committee. The interim finance committee has 45 days after a proposal is submitted to its secretary within which to approve or deny it. Any proposed change of a position from one occupational class or subclass to another which is not denied within the 45-day period is approved.

 


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ê1981 Statutes of Nevada, Page 1524 (Chapter 642, SB 548)ê

 

      3.  In acting upon a proposed change of position, the interim finance committee shall consider, among other things:

      (a) The need for the proposed change; and

      (b) The intent of the legislature in approving the existing classification of positions.

      4.  The provisions of this section do not apply to [:

      (a) The department of transportation and the employment security department until July 1, 1981.

      (b) The Nevada industrial commission] the state industrial insurance system until July 1, 1983.

      Sec. 308.  NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as provided in subsections 3 and 4, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

      2.  If:

      (a) Any proposed gift or grant is necessary for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

      (b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the time period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not denied within the 15-day period is approved.

      (c) The proposed acceptance of any gift or grant which does not qualify under paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not denied within the 45-day period is approved.

      3.  In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:

      (a) The need for the facility or service to be provided or improved;

      (b) Any present or future commitment required of the state;

      (c) The extent of the program proposed; and

      (d) The condition of the national economy, and any related fiscal or monetary policies.

      4.  A state agency may accept:

      (a) Gifts not exceeding $10,000 each in value; and

      (b) Government grants not exceeding $50,000 each in value,

if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

 


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ê1981 Statutes of Nevada, Page 1525 (Chapter 642, SB 548)ê

 

hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

      5.  This section does not apply to:

      (a) The [Nevada industrial commission:] state industrial insurance system;

      (b) The University of Nevada System; or

      (c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.

      Sec. 309.  NRS 355.150 is hereby amended to read as follows:

      355.150  1.  Before making any investment in the bonds and other securities designated in NRS 355.140, the [Nevada industrial commission,] state industrial insurance system, the state board of finance, or other board, commission or agency of the state, contemplating the making of any such investments shall make due and diligent inquiry as to:

      (a) Whether the bonds of such federal agencies are actually underwritten or payment thereof is guaranteed by the United States.

      (b) The financial standing and responsibility of the state or states, county or counties, incorporated cities, irrigation districts, drainage districts, school districts, and general improvement districts in the bonds or securities of which such investments are contemplated or are to be made.

      (c) Whether such bonds and other securities are valid and duly authorized and issued, and the proceedings incident thereto have been fully complied with.

      (d) The financial standing and responsibility of the person or persons, company or companies, corporation or corporations to whom or to which such loans are contemplated.

      (e) The value of the lands so mortgaged.

      2.  Such commission, board or other state agency shall require the attorney general:

      (a) To give his legal opinion in writing as to:

             (1) The validity of any laws under which such bonds or securities are issued and authorized and in which such investments are contemplated.

             (2) The validity of such bonds or other securities.

      (b) To examine and pass upon and to give his official opinion in writing upon the title and abstract of title or title insurance of all agricultural lands so mortgaged to secure such loans.

      3.  Unless such commission, board or other state agency is satisfied from such inquiry and opinion that the bonds of such federal agencies are underwritten or payment thereof guaranteed by the United States and of the financial standing and responsibility of the state, county, incorporated city or district issuing such bonds, then such commission, board or other state agency shall not invest such funds therein; but if satisfied, [as to the same,] such commission, board or other state agency may, at its option, so invest such funds in such bonds.

      Sec. 310.  NRS 355.160 is hereby amended to read as follows:

 


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ê1981 Statutes of Nevada, Page 1526 (Chapter 642, SB 548)ê

 

      355.160  Except as otherwise provided in NRS 355.140 and 355.150, the [Nevada industrial commission] state industrial insurance system, the state board of finance, the state board of education or other state agency shall proceed in the same manner as the law relating to each of them requires in the making of such investments, the purpose of NRS 355.140 to 355.160, inclusive, being merely to designate the classes of bonds and other securities and loans in which the funds mentioned in NRS 355.140 lawfully may be invested and the other matters relating thereto as specified in NRS 355.140 to 355.160, inclusive.

      Sec. 311.  NRS 356.087 is hereby amended to read as follows:

      356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to [the State of Nevada] this state must be deposited in the state general fund.

      2.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of the total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:

             (1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and

             (2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;

      (b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

      (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (1) of paragraph (a); and

      (d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).

      3.  The proportionate shares of the interest earned and received by:

      (a) The dairy commission fund;

      (b) The legislators’ retirement fund;

      (c) The public employees’ retirement fund;

      (d) The state permanent school fund;

      (e) The silicosis and disabled pension fund;

      (f) The wildlife account;

      (g) The trust fund for the care of sites for the disposal of radioactive waste;

      (h) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible;

 

 


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ê1981 Statutes of Nevada, Page 1527 (Chapter 642, SB 548)ê

 

fund for which the division of Colorado River resources of the department of energy is responsible;

      (i) The business enterprise contingent fund for the blind;

      (j) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;

      (k) The beef promotion fund; [and]

      (l) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979 [,] ;

      (m) The fund for worker’s compensation and safety; and

      (n) The uninsured employers’ claim fund; and

      (o) The subsequent injury fund,

must be accounted for as separate income and assets of those respective funds and accounts.

      Sec. 312.  NRS 396.591 is hereby amended to read as follows:

      396.591  The University of Nevada, Reno, and the University of Nevada, Las Vegas, may each elect to insure members of varsity and freshman athletic teams representing the respective campuses for unlimited medical coverage for injuries incurred while the members of the teams are engaged in organized practice or actual competition or any activity related thereto. Such insurance may be obtained from a private carrier or from the [Nevada industrial commission.] state industrial insurance system.

      Sec. 313.  (Deleted by amendment.)

      Sec. 314.  NRS 412.142 is hereby amended to read as follows:

      412.142  1.  In all cases in which any member of the Nevada National Guard is wounded, injured, disabled or killed while in line of duty in the service of the state, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS. There shall be paid to the [Nevada industrial commission] state industrial insurance system quarterly, from the appropriation for the support of the Nevada National Guard, such sum for premium as may be fixed and agreed upon by the commander in chief and the [Nevada industrial commission,] manager of the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify such numbers to the [Nevada industrial commission.] manager.

      2.  In all cases, the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member [shall] must be determined upon the basis of his average income from all sources during the year immediately preceding the date of his injury or death or the commencement of his disability; but such compensation [shall] must not exceed the maximum prescribed in chapter 616 of NRS.

      Sec. 315.  NRS 433A.430 is hereby amended to read as follows:

      433A.430  1.  Whenever the administrator determines that division facilities within the state are inadequate for the care of any mentally ill person, he may designate two physicians, licensed under the provisions of chapter 630 of NRS, and familiar with the field of psychiatry, to examine that person.

 


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ê1981 Statutes of Nevada, Page 1528 (Chapter 642, SB 548)ê

 

that person. If the two physicians concur with the opinion of the administrator, the administrator may contract with appropriate corresponding authorities in any other state of the United States having adequate facilities for such purposes for the reception, detention, care or treatment of that person, but if the person in any manner objects to the transfer, the procedures in subsection 3 of NRS 433.484 and subsections 2 and 3 of NRS 433.534 must be followed. The two physicians so designated are entitled to a reasonable fee for their services based upon rates set by the [Nevada industrial commission] state industrial insurance system for similar services, which fee must be paid by the county of the person’s last-known residence.

      2.  Money to carry out the provisions of this section must be provided by direct legislative appropriation.

      Sec. 316.  NRS 443.165 is hereby amended to read as follows:

      443.165  1.  Each person who is eligible for the benefits provided for in NRS 443.145 to 443.165, inclusive, is entitled to receive benefits under the special silicosis program in an amount equal to the compensation paid to persons eligible for compensation under the provisions of NRS 617.460.

      2.  The [Nevada industrial commission] state industrial insurance system and any self-insured employer shall cooperate with the health division of the department of human resources for the purpose of determining the amount of benefits to which persons found eligible by the state board of health are entitled, and shall make available to the state board of health all records which may be of use to the board in determining eligibility.

      Sec. 317.  NRS 475.110 is hereby amended to read as follows:

      475.110  1.  All sheriffs, their deputies, firewardens, other peace officers or any national forest officer [shall have authority to] may call upon able-bodied male persons within the State of Nevada who are between the ages of 16 years and 50 years for assistance in extinguishing fires in timber or in brush.

      2.  [Such persons] Persons who refuse to obey such summons or who refuse to assist in fighting fire for the period of time stated in subsection 3, unless they present good and sufficient reasons, [shall be] are guilty of a misdemeanor.

      3.  No male person [shall] may be required to fight fire a total of more than 5 days during any 1 year.

      4.  The board of county commissioners [is authorized to] may fix the amount of compensation to be paid to male persons drafted to fight fires as provided in this section, and the sums so fixed [shall] must be allowed and paid as other claims against the county are paid.

      5.  For the purpose of obtaining the benefits of the Nevada Industrial Insurance Act, male persons drafted to fight fires shall be considered employees of the county demanding their services, and they [shall be] are entitled to receive for disability incurred by reason thereof the benefits under the Nevada Industrial Insurance Act. The county shall report and pay premiums to the [Nevada industrial commission] state industrial insurance system for persons so engaged.

      Sec. 318.  NRS 475.230 is hereby amended to read as follows:

 


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ê1981 Statutes of Nevada, Page 1529 (Chapter 642, SB 548)ê

 

      475.230  1.  Any fire department which engages in fighting a fire on property owned by the state within the jurisdictional limits of the fire department may submit a claim to the secretary of the state board of examiners to recover any direct expenses and losses incurred as a result of fighting that fire.

      2.  The claim must include:

      (a) The name, address and jurisdictional limits of the fire department;

      (b) The name, address and telephone number of the person making the claim on behalf of the fire department;

      (c) The name and address, if known, of the state agency having jurisdiction over the property on which the fire occurred;

      (d) The exact location of the fire;

      (e) A description of the property burned;

      (f) The number and classification of the personnel and the number and type of equipment used to fight the fire;

      (g) A copy of the fire report; and

      (h) An itemized list of direct expenses and losses incurred while fighting the fire including the purchase cost, estimated cost of repairs and a statement of depreciated value immediately preceding and [subsequent to] after the damage to or destruction of any equipment and the extent of any insurance coverage.

      3.  As used in this section, “direct expenses and losses” means certain expenses and losses which were incurred while fighting a fire on property owned by the state. The term is limited to:

      (a) The depreciated value, if any, of any equipment or vehicle which was damaged or destroyed; and

      (b) If the employer maintains a plan which supplements workmen’s compensation coverage provided by the [Nevada industrial commission] state industrial insurance system and the benefits are provided from public money and not by an insurer, any injury or death benefits which would have been paid by the employer from public money.

      Sec. 319.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.

      2.  License plates furnished for:

      (a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and any authorized federal or out-of-state law enforcement agency;

      (b) One automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;

 


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ê1981 Statutes of Nevada, Page 1530 (Chapter 642, SB 548)ê

 

      (c) Vehicles of a city, county or the state, except any assigned to the [Nevada industrial commission,] state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

      (d) Automobiles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of brand inspection of the state department of agriculture;

             (3) The attorney general;

             (4) Duly appointed city or county juvenile officers;

             (5) District attorney offices;

             (6) Sheriff offices; and

             (7) Police departments in the state,

[shall] must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $5.50 per set.

      3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.

      5.  For the purposes of this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

      6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      Sec. 320.  Chapter 512 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Administrator” means the administrator of the division of mine inspection of the department of industrial relations.

      Sec. 321.  NRS 512.020 is hereby amended to read as follows:

      512.020  1.  The [inspector of mines] administrator or his [duly] authorized representatives, or deputy or assistant [inspectors of mines] administrators shall not at the time of their appointment or employment, or at any time during the term of their office or employment:

      (a) Be an officer, director or employee, or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;

 

 


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ê1981 Statutes of Nevada, Page 1531 (Chapter 642, SB 548)ê

 

private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;

      (b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of this chapter; or

      (c) Be an officer or employee of any labor organization.

      2.  The [inspector of mines shall] administrator must have had at least 7 years’ technical, operational or management experience in at least two of the following areas: mines, mills, beneficiation plants or smelters, at least 3 years of which [shall] must be in underground mining.

      Sec. 322.  NRS 512.090 is hereby amended to read as follows:

      512.090  The [inspector of mines shall] administrator is entitled to be provided with a properly furnished office in Carson City, Nevada.

      Sec. 323.  NRS 512.110 is hereby amended to read as follows:

      512.110  1.  The [inspector of mines] administrator may employ deputy and assistant [inspectors] administrators to assist in the performance of [the duties of the inspector of mines.] his duties. All deputy and assistant [inspectors] administrators so employed [shall have the power to] may perform all duties required of the [inspector of mines.] administrator.

      2.  Deputy or assistant [inspectors of mines shall] administrators are entitled to receive such salaries as are provided under the provisions of chapter 284 of NRS, and they [shall be allowed] are entitled to receive their traveling expenses while in the discharge of their duties.

      3.  Deputy or assistant [inspectors of mines,] administrators, at the time of their employment, [shall:] must:

      (a) Have at least 7 years’ experience in mines, mills, beneficiation plants or smelters;

      (b) Be physically fit to inspect all working places in mines; and

      (c) Take initial and annual physical examinations to verify their physical fitness to perform the tasks of mine inspections or investigations.

      Sec. 324.  NRS 512.120 is hereby amended to read as follows:

      512.120  The [inspector of mines] administrator may:

      1.  Employ necessary clerks within the provisions of chapter 284 of NRS.

      2.  Authorize representatives to perform all duties required of him.

      Sec. 325.  NRS 512.131 is hereby amended to read as follows:

      512.131  1.  The [inspector of mines] administrator may adopt any regulations for mine health and safety he deems necessary and which are consistent with the Federal Mine Safety and Health Act (30 U.S.C. § 801 et seq.), as amended.

      2.  The [inspector of mines] administrator shall forward a copy of every regulation adopted under this section to the operator of each mine and to the representative of the workers, if any, at the mine. Failure to receive a copy of the regulation does not relieve anyone of the obligation to comply with it.

      Sec. 326.  NRS 512.140 is hereby amended to read as follows:

 


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ê1981 Statutes of Nevada, Page 1532 (Chapter 642, SB 548)ê

 

      512.140  The [inspector of mines] administrator shall submit annually to the governor, as soon as practicable after the beginning of each calendar year, a full report of the administration of his functions under this chapter during the preceding calendar year. [Such report shall] The report must include, either in summary or detailed form, the information obtained by him under this chapter together with such findings and comments thereon and such recommendations as he may deem proper.

      Sec. 327.  NRS 512.151 is hereby amended to read as follows:

      512.151  1.  The [inspector of mines] administrator shall:

      (a) Develop and conduct programs for the education and training of operators and workers in the recognition, avoidance and prevention of accidents or unsafe or unhealthful working conditions in mines which are subject to the provisions of this chapter; [and]

      (b) To the greatest extent possible, provide technical assistance to operators in meeting the requirements of this chapter and in further improving the health and safety conditions and practices in mines which are subject to the provisions of this chapter [.] ; and

      (c) Collect information and statistics relative to mines, mining and the minerals industry of the state.

      2.  The [inspector of mines] administrator may accept and administer grants and other money received from any private or public source, including the Federal Government, for the purposes of administering the provisions of this chapter.

      Sec. 328.  NRS 512.160 is hereby amended to read as follows:

      512.160  1.  Operators shall maintain records and reports and shall submit, at least annually and at such other times as the [inspector of mines] administrator deems necessary, and in the form he prescribes, reports of production, employment, mine activity and status, accidents, bodily injuries, loss of life, occupational illnesses and related data.

      2.  The [inspector of mines] administrator shall compile, keep and analyze and may publish, either in summary or detailed form, the information obtained pursuant to the provisions of subsection 1.

      3.  Operators shall notify the [inspector of mines] administrator before opening and upon closing mine operations. The notice must include the name and location of the mine, the name and address of the operator, the name of the person in charge of the operation, a statement of whether the operation will be continuous or intermittent, and upon closing, a statement of whether the closing is temporary or permanent.

      Sec. 329.  NRS 512.170 is hereby amended to read as follows:

      512.170  At least once a year and at such other times as required the [inspector of mines,] administrator, or his designee, shall visit each mining county in [the State of Nevada] this state and thoroughly inspect and investigate all such mines therein as, in his judgment, may require inspection and investigation for the purposes of:

      1.  Determining whether [or not] there has been compliance with health and safety regulations or standards adopted or notices or orders issued pursuant to the provisions of this chapter;

      2.  Determining whether an imminent danger exists;

 


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ê1981 Statutes of Nevada, Page 1533 (Chapter 642, SB 548)ê

 

      3.  Determining the cause or causes of accidents, bodily injuries, loss of lives or occupational illnesses which have occurred in such mines;

      4.  Determining if there are dangerous conditions or practices with respect to the condition or manner of use of equipment, machinery or apparatus; and

      5.  Obtaining such other information for any other purpose as he may deem advisable.

      Sec. 330.  NRS 512.180 is hereby amended to read as follows:

      512.180  1.  The [inspector of mines] administrator may enter all mines in this state subject to the provisions of this chapter, for the purposes of inspections, investigations or access to records and reports required to be maintained or for any other purpose necessary in the proper discharge of his official duties. Operators shall render the [inspector of mines] administrator such assistance as may be required to enable him to make a full, thorough and complete inspection or investigation of each and every part of such mine or mines. No advance notice of an inspection [shall] must be provided to any operator, worker, or representative of the workers, if any, at such mine.

      2.  At the commencement of any inspection of [such] a mine by the [inspector of mines,] administrator, the authorized representative of the workers at the mine [shall] must be given an opportunity to accompany the [inspector of mines on such inspections] administrator on the inspection and to participate in any conference held at the conclusion of [such] the inspection. If there is no representative of the workers, the [inspector of mines] administrator shall consult with a reasonable number of workers concerning matters of health and safety at the mine.

      Sec. 331.  NRS 512.190 is hereby amended to read as follows:

      512.190  1.  Whenever, as a result of the inspection of any mine, the [inspector of mines] administrator finds that an imminent danger exists in [such] the mine or with respect to the condition or manner of use of equipment, machinery or apparatus, he shall thereupon issue an order:

      (a) Requiring the operator to cause all persons except those referred to in subsection 5, to be withdrawn immediately from and prohibited from entering the area where such danger exists until he determines that such imminent danger no longer exists.

      (b) Prohibiting such equipment, machinery or apparatus to be used or operated until he determines that such imminent danger no longer exists.

      2.  If, upon any inspection of a mine, the [inspector of mines] administrator finds that there has been a violation of any health or safety regulation or standard adopted pursuant to the provisions of this chapter, but the violation has not created an imminent danger, he shall issue a notice to the operator fixing a reasonable time for the abatement of the violation. If the [inspector of mines] administrator subsequently finds:

      (a) Upon the expiration of the period of time as originally fixed or extended for the abatement of the violation, that the violation has not been totally abated and that the period of time should not be further extended; or

 


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ê1981 Statutes of Nevada, Page 1534 (Chapter 642, SB 548)ê

 

      (b) Another violation of any health or safety regulation or standard caused by failure of an operator to prevent the occurrence of such violation due to indifference, lack of diligence or lack of reasonable care, during the same inspection or any subsequent inspection within 90 days after the issuance of [such] the notice,

he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection 5, to be withdrawn from and prohibited from entering [such] the area until he determines that such violation has been abated.

      3.  If the [inspector of mines] administrator finds a violation of a health and safety regulation or standard within 30 days following the abatement of a violation which resulted in the issuance of a withdrawal order under paragraph (b) of subsection 2, he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection 5, to be withdrawn from and prohibited from entering [such] the area until he determines that such violation has been abated.

      4.  If, as a result of any investigation of any accident occurring in a mine or as a result of any other investigation or tests performed by the [inspector of mines, the inspector of mines] administrator, he has reason to believe that any equipment, machinery or apparatus will cause an accident, the [inspector of mines] administrator may, by order, prohibit the use or operation in any mine of such equipment, machinery or apparatus until he determines that such equipment, machinery or apparatus has been repaired, modified, reconditioned or altered in a manner that an accident will thereafter be avoided.

      5.  The following persons [shall not be] are not required to be withdrawn from, or prohibited from entering, any area of the mine subject to a withdrawal order issued under this section:

      (a) Any person whose presence in [such] the area is necessary, in the judgment of the operator or the [inspector of mines,] administrator, to eliminate the condition described in the order;

      (b) Any public official whose official duties require him to enter [such] the area; and

      (c) Any consultant to any of the foregoing.

      6.  A notice or order issued under this section is prima facie evidence of the culpable negligence of an operator in a criminal or civil proceeding at law against such operator for loss of life or bodily injury sustained because of the operator’s failure or refusal to comply with the requirements stated in [such] the notice or order.

      Sec. 332.  NRS 512.195 is hereby amended to read as follows:

      512.195  1.  Notices and orders issued pursuant to this chapter:

      (a) Must contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of any health or safety regulation or standard and, where appropriate, a description of the area of the mine from which persons, equipment, machinery or apparatus must be withdrawn and prohibited from entering, and a description of the equipment, machinery or apparatus prohibited from being used or operated.

 


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ê1981 Statutes of Nevada, Page 1535 (Chapter 642, SB 548)ê

 

      (b) Must be in writing and signed by the [inspector of mines] administrator and given promptly to the operator of the affected mine.

      (c) May be modified, vacated or terminated by the [inspector of mines.] administrator.

      2.  The [inspector of mines] administrator shall furnish immediately a copy of any notice or order issued pursuant to this chapter to the operator and to a representative of the workers, if any, at the affected mine.

      3.  If an order is issued pursuant to subsection 1 of NRS 512.190 and the Mine Safety and Health Administration of the United States Department of Labor did not participate in the inspection on which that order is based, the [inspector of mines] administrator shall notify the Mine Safety and Health Administration of the United States Department of Labor that the order has been issued.

      Sec. 333.  NRS 512.200 is hereby amended to read as follows:

      512.200  1.  Whenever any worker or a representative of the workers, if any, has reasonable grounds to believe that a violation of a health or safety regulation or standard exists, or an imminent danger exists, [such] the worker or representative of the workers may obtain an inspection by giving notice to the [inspector of mines of such] administrator of the violation or danger.

      2.  [Any such notice shall be reduced to] The notice must be in writing, signed by the worker or representative of the workers, and a copy [shall] must be provided to the operator no later than at the time of inspection, except that, upon the request of the person giving [such] notice, his name and the names of individual workers referred to therein [shall] must not appear in [such] the copy.

      3.  Upon receipt of [such] notification by the [inspector of mines,] administrator, an inspection in accordance with the provisions of this chapter may be made as soon as practicable to determine if [such] a violation or imminent danger exists.

      Sec. 334.  NRS 512.210 is hereby amended to read as follows:

      512.210  Upon the unwarrantable failure of an operator to comply or upon refusal of an operator of any mine to comply with the requirements of any order issued to such operator, the [inspector of mines] administrator may immediately notify the attorney general of [such] the unwarrantable failure to comply or [such] the refusal. The attorney general, or the district attorney of the county in which the mine is situated at the instigation of the attorney general, must thereupon immediately commence an action in the name of the state against the operator so notified for the enforcement of the penalty designated in NRS 512.270.

      Sec. 335.  NRS 512.220 is hereby amended to read as follows:

      512.220  1.  Whenever a serious accident occurs in any mine in [the State of Nevada] this state subject to the provisions of this chapter, the operator shall, immediately and by the quickest means, notify the [inspector of mines] administrator or his deputy or assistant, as may be most convenient, of [such] the accident, and shall take appropriate measures to preserve anything and everything which might assist the [inspector of mines] administrator in determining the cause or causes of the accident.

 


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ê1981 Statutes of Nevada, Page 1536 (Chapter 642, SB 548)ê

 

the accident. Except as necessary to alleviate or eliminate any situation constituting an imminent danger or an unwarranted danger to property, no person [shall] may alter any condition which might assist the [inspector of mines] administrator in determining the cause or causes of the accident.

      2.  The [inspector of mines] administrator may investigate fully the cause of the accident as soon as practicable after receipt of [such] notification.

      Sec. 336.  NRS 512.231 is hereby amended to read as follows:

      512.231  Copies of regulations and standards adopted and notices and orders issued by the [inspector of mines] administrator pursuant to the provisions of this chapter [shall] must be posted by the operator on a bulletin board located in a conspicuous place at the mine.

      Sec. 337.  NRS 512.270 is hereby amended to read as follows:

      512.270  1.  Any operator who:

      (a) Violates, fails or refuses to comply with any health or safety regulation or standard adopted by the [inspector of mines] administrator pursuant to the provisions of this chapter;

      (b) Interferes with, hinders or delays the [inspector of mines] administrator in carrying out the duties required under this chapter;

      (c) Refuses admission to the [inspector of mines] administrator upon or through any mine which is subject to the provisions of this chapter or to render assistance;

      (d) Refuses to permit the [inspector of mines] administrator to inspect or investigate any mine which is subject to the provisions of this chapter, or of any accident, bodily injury, fatality or occupational illness occurring at or connected with [such] the mine;

      (e) Refuses to furnish to the [inspector of mines] administrator any information or report requested by the [inspector of mines] administrator pursuant to this chapter;

      (f) Knowingly makes any false statement or representation, or fails to make any statement or representation in any record, report or other document filed or required to be maintained pursuant to this chapter;

      (g) Refuses to permit the [inspector of mines] administrator to inspect or investigate any equipment, machinery, apparatus, tools or other property with respect to its condition or manner of use at any mine subject to the provisions of this chapter;

      (h) Fails to maintain any information or report required to be maintained pursuant to this chapter; or

      (i) Violates or fails or refuses to comply with an order of withdrawal issued pursuant to NRS 512.190,

is guilty of a gross misdemeanor.

      2.  Each separate provision not complied with and each day after conviction of failure to comply with any [such] standard or provision or this chapter [shall be] is a separate offense and punished accordingly.

      Sec. 338.  NRS 590.645 is hereby amended to read as follows:

      590.645  The [department] division of occupational safety and health of the [Nevada industrial commission] department of industrial relations may promote safety in the liquefied petroleum gas industry within the state.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1537 (Chapter 642, SB 548)ê

 

      Sec. 339.  NRS 668.045 is hereby amended to read as follows:

      668.045  1.  It is unlawful for any president, director, manager, cashier or other officer or employee of any bank to permit the bank to remain open for business, or to assent to the reception of deposits or the creation of debts by such banking institution, after he has knowledge of the fact that it is insolvent or in failing circumstances. Every such officer, director, manager or agent of such bank shall examine [into] the affairs of the bank and shall know its condition. Upon the failure of any such person to discharge [such] his duty of examination, he shall, for the purpose of this Title, be held to have had knowledge of the insolvency of such bank, or that it was in failing circumstances, and shall be deemed to have assented to the receipt of deposits while such bank was so insolvent or in failing circumstances. Every person violating the provisions of this subsection [shall be] is individually responsible for deposits so received, and all such debts so contracted; but any director who has paid more than his share of such liabilities has a remedy at law against [such] other persons who have not paid their full share of such liabilities for contribution.

      2.  It is unlawful for any president, director, manager, cashier or other officer or employee of any bank willfully to give or concur in giving to any creditor of the bank any fraudulent, undue or unfair preference over other creditors, by giving security to such creditor, or by changing the nature of his claim, or otherwise; but this subsection does not prohibit such bank from giving security for public moneys of the State of Nevada or any political subdivision thereof, the [Nevada industrial commission,] state industrial insurance system, or of the United States, or any officer, agent, agency or department thereof, in the manner provided by law.

      3.  Every person violating the provisions of this section, or who is an accessory to, or permits or connives at, the receiving or accepting of any such deposits, or the giving of such preferences, is guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and is liable for all damages sustained by any person in consequence thereof.

      Sec. 340.  (Deleted by amendment.)

      Sec. 341.  NRS 232.218, 512.010, 512.030 to 512.080, inclusive, 512.100, 616.035, 616.125 to 616.170, inclusive, 616.181, 616.185, 616.200, 616.210, 616.426, 616.438, 617.040, 618.045, and 618.245 are hereby repealed.

      Sec. 342.  On July 1, 1982, the state treasurer shall transfer the money in the administrative fund for workmen’s compensation created pursuant to NRS 616.438 to the fund for workers’ compensation and safety created pursuant to section 98 of this act. Any money transferred in excess of the cost of administering the program for workers’ compensation must be credited against the assessments of the insurers for the succeeding year.

      Sec. 343.  On July 1, 1982, the state treasurer shall transfer $1,000,000 from the state insurance fund to the fund for workers’ compensation and safety created pursuant to section 98 of this act.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1538 (Chapter 642, SB 548)ê

 

and safety created pursuant to section 98 of this act. Any money transferred in excess of the cost of administering the program for workers’ compensation must be credited against the assessments of the insurers for the succeeding year.

      Sec. 344.  On July 1, 1982, the state treasurer shall transfer the money in the subsequent injury fund established pursuant to NRS 616.427 to the subsequent injury fund created pursuant to section 99 of this act.

      Sec. 345.  On July 1, 1982, the state treasurer shall transfer $100,000 from the state insurance fund to the subsequent injury fund created pursuant to section 99 of this act. Any money transferred in excess of the cost of administering the program for workers’ compensation must be credited against the assessments of the insurers for the succeeding year.

      Sec. 346.  The regulations of the Nevada industrial commission and the commissioner of insurance relating to the program for workers’ compensation in effect on June 30, 1982, become the regulations of the department of industrial relations until such time as the department adopts new regulations.

      Sec. 347.  1.  The initial appointments to the board of directors of the state industrial insurance system must be for terms as follows:

      (a) Three members whose terms expire on June 30, 1984.

      (b) Three members whose terms expire on June 30, 1985.

      (c) Three members whose terms expire on June 30, 1986.

      2.  The initial appointments to the advisory council of the department of industrial relations must be for terms as follows:

      (a) Two members, qualified pursuant to paragraphs (a) and (b) of subsection 2 of section 278 of this act, respectively, whose terms expire on June 30, 1983.

      (b) Two members, qualified pursuant to paragraphs (a) and (b) of subsection 2 of section 278 of this act, respectively, whose terms expire on June 30, 1984.

      (c) Three members whose terms expire on June 30, 1985.

      Sec. 348.  1.  Except as otherwise provided in this section, sections 1 to 347, inclusive, of this act become effective on July 1, 1982.

      2.  Any agency of the legislative and executive departments may take reasonable steps before July 1, 1982, and, in particular, make any appointments required by this act, to ensure that the provisions of this act are carried out in an orderly fashion. Members of the board of directors of the state industrial insurance system and the advisory council for the department of industrial relations must be appointed on or before October 1, 1981 to serve in an advisory capacity until July 1, 1982.

      3.  The Nevada industrial commission, the commissioner of insurance, and the labor commissioner shall cooperate fully in accomplishing the purposes of this act.

      Sec. 349.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act:

      1.  Appropriately correct any reference to an officer or agency whose designation is changed by this act, according to the function performed.

 


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ê1981 Statutes of Nevada, Page 1539 (Chapter 642, SB 548)ê

 

      2.  If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section, if any.

 

________

 

 

CHAPTER 643, SB 562

Senate Bill No. 562–Senators Getto, Raggio, Wagner, Wilson, Jacobsen, Kosinski and Glaser

CHAPTER 643

AN ACT making an appropriation to the Nevada State Fair, Inc., a nonprofit organization, for an addition to the junior livestock pavilion on the Nevada State Fairgrounds; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Subject to the condition that Washoe County contribute an equal amount of money to this project, there is hereby appropriated from the state general fund to the Nevada State Fair, Inc., a nonprofit organization, the sum of $40,000 for an addition to the junior livestock pavilion on the Nevada State Fairgrounds.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 644, SB 574

Senate Bill No. 574–Committee on Human Resources and Facilities

CHAPTER 644

AN ACT relating to air pollution; extending the review of indirect sources by the state department of conservation and natural resources; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 445.493 is hereby amended to read as follows:

      445.493  1.  No regulation adopted pursuant to any provision of NRS 445.401 to 445.601, inclusive, may be enforced as to indirect sources if it is more stringent with respect to the size cutoffs established for designated areas pursuant to the United States Clean Air Act of 1963 and the rules and regulations adopted in furtherance thereof.

      2.  Except as provided in [subsection 3,] subsections 3 and 4, if the United States Environmental Protection Agency delays the effective date for enforcement of its indirect source regulations beyond January 17, 1977, the authority of a state agency or district board of health to review new indirect sources [shall expire.] expires. Those projects approved [prior to] before that date [shall] must continue under the guidelines established in their permit.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1540 (Chapter 644, SB 574)ê

 

approved [prior to] before that date [shall] must continue under the guidelines established in their permit.

      3.  If the federal indirect source regulations become effective after January 17, 1977 [, then:] :

      (a) The authority of a state agency to review new indirect sources may be exercised only:

             (1) In the enforcement of the federal indirect source regulations; and

             (2) To the extent enforcement by the state agency is required by the federal act.

      (b) The governing body of each county and each [incorporated] city may enforce within its jurisdiction the federal indirect source regulations or any indirect source regulations it adopts which are no more strict than the federal indirect source regulations, to the extent [such] that local enforcement is not inconsistent with the requirements of the federal act.

      4.  The department may review any indirect source proposed to be constructed after July 1, 1981, if the proposed indirect source is in this state and in an area governed by a bi-state regional planning agency and if an application for a certificate of registration is received by the department on or before November 1, 1981, unless:

      (a) The provisions of subsection 2 are approved by the United States Environmental Protection Agency as a modification of the state’s plan for enforcement; or

      (b) The provisions of the state’s plan for review of indirect sources may otherwise be repealed without the approval of the United States Environmental Protection Agency.

An applicant for a certificate of registration pursuant to this section shall submit with the application a fee to be fixed by the department in an amount sufficient to cover its expenses of inspection and studies concerning the proposed construction and all other expenses incurred in acting upon the application. The department shall return any portion of the fee which is not expended for that purpose.

 

________

 

 

CHAPTER 645, SB 576

Senate Bill No. 576–Committee on Judiciary

CHAPTER 645

AN ACT relating to state aid to the medically indigent; providing penalties for fraud commited by providers of medical care, remedial care and other services; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 428 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A provider of medical care, remedial care or other services who contracts with the division pursuant to NRS 428.330 shall not knowingly:

 

 


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ê1981 Statutes of Nevada, Page 1541 (Chapter 645, SB 576)ê

 

contracts with the division pursuant to NRS 428.330 shall not knowingly:

      (a) Obtain or attempt to obtain by deception any payment to which he is not entitled.

      (b) Apply for or accept any payment to which he is not entitled.

      (c) Accept any payment in an amount greater than that to which he is entitled.

      (d) Falsify any report or document required by this state or the Federal Government relating to payments for services rendered and supplies furnished by the provider.

      2.  In addition to the penalties prescribed in chapter 205 of NRS, a provider of medical care, remedial care or other services who willfully violates the provisions of subsection 1 is liable for:

      (a) An amount equal to three times the amount unlawfully obtained;

      (b) Not less than $500 for each act of deception; and

      (c) Any reasonable expense incurred by the state in enforcing this section.

      3.  The state welfare administrator may terminate a contract entered into pursuant to NRS 428.330, and refuse to renew it for at least 5 years upon the conviction of or upon entry of judgment against a provider of medical care, remedial care or other services or his authorized agent or officer for any violation of this section.

      4.  A provider of medical care, remedial care or other services who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this section that the provider of health care returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it.

      5.  The attorney general shall cause appropriate legal action to be taken on behalf of the state to enforce the provisions of this section.

      6.  Any penalty collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the welfare division.

      Sec. 2.  NRS 428.330 is hereby amended to read as follows:

      428.330  1.  Subject to the approval of the board, the state welfare administrator shall establish the rates or fee schedules for medical [or] care, remedial care and other services to be provided under NRS 428.150 to 428.360, inclusive.

      2.  [Such] The rates or fees [shall] must reflect a reasonable cost for providing medical [or] care, remedial care [and shall] will be determined by taking into account legislative appropriations to the division.

      3.  The division may enter into contracts providing arrangements under which [funds] money available for medical [or] care, remedial care or other services under NRS 428.150 to 428.360, inclusive, [shall] will be administered and disbursed to providers of medical [or] care, remedial care or other services in consideration for services rendered and supplies furnished by them in accordance with the provisions of the applicable contract and any schedule of charges or formula for determining payment established pursuant to [such] the contract.

 

________

 

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1542ê

 

CHAPTER 646, SB 315

Senate Bill No. 315–Senator Bilbray

CHAPTER 646

AN ACT relating to public schools; revising provisions on the financing of automobile driver education programs; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 389.100 is hereby amended to read as follows:

      389.100  1.  The legislature finds as facts:

      (a) That the successful completion of an approved automobile driver education course by a pupil offers a direct financial benefit to his parents or other responsible adult through the reduction of insurance premiums.

      (b) That the imposition of a laboratory fee [, not in excess of the actual cost of providing the special equipment required,] as a prerequisite to an elective course in driver education [,] does not violate the requirements of article 11 of the constitution of the State of Nevada.

      2.  The board of trustees of any school district may establish a laboratory fee to be charged each pupil enrolling for an automobile driver education course [,] which must not exceed [the difference per pupil between the actual cost of providing the course and the amount anticipated under NRS 389.085, or $35, whichever is less.] the actual cost per pupil of providing the laboratory portion of the course.

 

________

 

 

CHAPTER 647, SB 320

Senate Bill No. 320–Committee on Judiciary

CHAPTER 647

AN ACT relating to gaming; revising provisions on the computations of gross revenue; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  For the purposes of this chapter, except as provided in subsection 3, the computation of gross revenue must include the face value of any credit instrument accepted on or after July 1, 1981, if, within 5 years after the last day of the month following the calendar quarter within which the credit instrument was accepted by the licensee, the board determines that:

      (a) The credit instrument was not signed by the patron or otherwise acknowledged by him in a written form satisfactory to the board;

      (b) The licensee did not have an address for the patron at the time of accepting the credit instrument, or, in lieu of that address, has not provided the board, within a reasonable time after its request, the current address of the patron to whom the credit was extended;

 

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1543 (Chapter 647, SB 320)ê

 

accepting the credit instrument, or, in lieu of that address, has not provided the board, within a reasonable time after its request, the current address of the patron to whom the credit was extended;

      (c) The licensee has not provided the board any evidence that the licensee made a reasonable effort to collect the debt;

      (d) The licensee has not provided the board any evidence that the licensee checked the credit history of the patron before extending the credit to him;

      (e) The licensee has not produced the credit instrument within a reasonable time after a request by the board for the instrument unless it:

             (1) Is in the possession of a court, governmental agency or financial institution;

             (2) Has been returned to the patrol upon his partial payment of the instrument;

             (3) Has been stolen and the licensee has made a written report of the theft to the appropriate law enforcement agency; or

             (4) Cannot be produced because of any other circumstance which is beyond the licensee’s control;

      (f) The signature of the patron on the credit instrument was forged and the licensee has not made a written report of the forgery to the appropriate law enforcement agency; or

      (g) Upon an audit by the board, the licensee requested the auditors not to confirm the unpaid balance of the debt with the patron and there is no other satisfactory means of confirmation.

      2.  For the purposes of this chapter, the computation of gross revenue must not include cash or its equivalent which is received in full or partial payment of a debt previously included in the computation of gross revenue pursuant to subsection 1.

      3.  Subsection 1 does not apply to any credit instrument which is settled for less than its face amount for the purpose of:

      (a) Inducing a partial payment;

      (b) Compromising a dispute; or

      (c) Retaining a patron’s business for the future.

      4.  For the purposes of this section, “credit instrument” means an instrument which evidences credit granted by a licensee to a patron for the purposes of gaming. The term includes an instrument sometimes referred to as a “marker” or “hold check” and an instrument taken in consolidation, redemption or payment of another credit instrument.

      Sec. 3.  The commission shall adopt regulations, consistent with section 2 of this act, which prescribe the manner in which winnings, compensation from games and gaming devices, and gross revenue must be computed and reported by the licensee.

      Sec. 4.  NRS 463.0114 is hereby amended to read as follows:

      463.0114  “Gross revenue” means the total of all: [sums received as winnings less only the total of sums paid out as losses by a licensee under a state gaming license during a calendar quarter.]

      1.  Cash received as winnings;

      2.  Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1544 (Chapter 647, SB 320)ê

 

      3.  Compensation received for conducting any game in which the licensee is not party to a wager,

less only the total of all cash paid out as losses to patrons.

      Sec. 5.  NRS 463.388 is hereby amended to read as follows:

      463.388  1.  If the board is not satisfied with the report of the state license fees or taxes required to be paid to the state pursuant to this chapter by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the report or upon the basis of an audit conducted by the board or upon the basis of any information within its possession or that may come into it possession, or any combination of the methods described in this subsection.

      2.  If any person fails to make a report of the state license fees or taxes as required by this chapter, the board shall make an estimate of the amount of taxes or fees determined to be due pursuant to the provisions of this chapter. The estimate must be made for the period or periods in respect to which the person failed to make a report and [shall] must be based upon any information which is in the board’s or commission’s possession or which may come into its possession. Upon the basis of this estimate, the board shall compute and determine the amount required to be paid to the state, including penalties and interest.

      3.  Any interest on the tax unpaid by reason of a credit instrument which is the subject of a determination by the board pursuant to section 2 of this act accrues from the last day of the month which follows the calendar quarter within which the credit instrument was accepted by the licensee.

      4.  In making such a determination, the board may offset overpayments and interest due thereon against underpayments and interest or penalties due thereon for the audit period.

      [4.]5.  If overpayments and interest thereon exceed underpayments, penalties and interest thereon, the excess must be refunded to the licensee except where otherwise expressly provided.

      Sec. 6.  The act is not intended to have any effect on:

      1.  Any transaction which occurred before July 1, 1981; or

      2.  Any credit instrument which was accepted before that date,

or on any right or controversy arising from such a transaction or acceptance.

      Sec. 7.  Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1545ê

 

CHAPTER 648, SB 328

Senate Bill No. 328–Committee on Human Resources and Facilities

CHAPTER 648

AN ACT relating to the financial support of schools; requiring that a portion of the vehicle privilege tax allocated to school districts be used for school construction or for debt service; altering the formula for allocating that tax from the motor vehicle fund to the school districts; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 387.328 is hereby amended to read as follows:

      387.328  1.  The board of trustees of each school district shall establish a capital projects fund for the purpose of constructing, remodeling or making additions to an elementary school, a junior high school or a high school. The money in the capital projects fund may be transferred to the debt service fund to pay for the cost of the school district’s debt service.

      2.  With the approval of the state board of finance, the board of trustees [of any school district] may accumulate [a] money in the capital projects fund for a period [of time] not to exceed 10 years. [for the purpose of constructing or making additions to an elementary school, a junior high school or a high school, by the levy of an annual special tax not to exceed 35 cents on each $100 of assessed valuation of taxable property within the school district. Any levy of an annual special tax authorized by this section shall be included within the tax lexy authorized by NRS 387.195.

      2.  All money collected from such special tax shall be placed in a fund with the county treasurer holding the county school district fund to be designated as the ................................................................. school district building reserve fund.]

      3.  That portion of the vehicle privilege tax whose allocation to the school district pursuant to NRS 482.180 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the capital projects fund established under subsection 1 or the school district’s debt service fund.

      4.  No money in the capital projects fund at the end of the fiscal year may revert to the county school district fund, nor may [such] the money be a surplus for any other purpose than those specified in subsection 1. [and for which the levies were made.]

      Sec. 2.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  The motor vehicle fund is hereby created as an agency fund. All money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

      2.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

      3.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law.

 


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ê1981 Statutes of Nevada, Page 1546 (Chapter 648, SB 328)ê

 

must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.

      4.  The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in subsection 5.

      5.  The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. [The amount attributable to the debt service of each school district must be included in the allocation made to each county government.] For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978 [.] , but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to the counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

      6.  Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

Carson City...............     1.07 percent        Lincoln.............     3.12 percent

Churchill....................     5.21 percent        Lyon.................     2.90 percent

Clark.......................... 22.54 percent        Mineral.............     2.40 percent

Douglas......................     2.52 percent        Nye....................     4.09 percent

Elko............................ 13.31 percent        Pershing............     7.00 percent

Esmeralda.................     2.52 percent        Storey...............       .19 percent

Eureka.......................     3.10 percent        Washoe............   12.24 percent

Humboldt..................     8.25 percent        White Pine........     5.66 percent

Lander.......................     3.88 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of subsection 5.

      7.  As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 30,000 or more and 1 percent from counties having a population of less than 30,000.

 


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ê1981 Statutes of Nevada, Page 1547 (Chapter 648, SB 328)ê

 

      8.  When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 3.  Section 30.3 of Senate Bill No. 69 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 30.3  NRS 482.180 is hereby amended to read as follows:

       482.180  1.  The motor vehicle fund is hereby created as an agency fund. All money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

       2.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

       3.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.

       4.  The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in subsection 5.

       5.  The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 [,] for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

       6.  Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

 


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ê1981 Statutes of Nevada, Page 1548 (Chapter 648, SB 328)ê

 

operation must be distributed among the counties in the following percentages:

Carson City..........     1.07 percent            Lincoln...............     3.12 percent

Churchill...............     5.21 percent            Lyon...................     2.90 percent

Clark..................... 22.54 percent            Mineral...............     2.40 percent

Douglas.................     2.52 percent            Nye......................     4.09 percent

Elko....................... 13.31 percent            Pershing..............     7.00 percent

Esmeralda............     2.52 percent            Storey.................       .19 percent

Eureka..................     3.10 percent            Washoe.............. 12.24 percent

Humboldt.............     8.25 percent            White Pine..........     5.66 percent

Lander..................     3.88 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of subsection 5.

       7.  As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 30,000 or more and 1 percent from counties having a population of less than 30,000.

       8.  When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

 

      Sec. 4.  Section 31 of chapter 149, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 31.  NRS 387.199 is hereby repealed.

 

      Sec. 5.  1.  This section and sections 3 and 4 of this act shall become effective upon passage and approval.

      2.  Section 4 of this act shall have retroactive effect to and including April 30, 1981.

      3.  Section 1 of this act shall become effective on July 1, 1981.

      4.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 649, SB 343

Senate Bill No. 343–Committee on Government Affairs

CHAPTER 649

AN ACT relating to possessory actions concerning public lands; imposing a moratorium on such actions; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 326 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Notwithstanding the provisions of NRS 326.010 to 326.070, inclusive, no person may occupy or settle on any public lands in this state or bring and maintain any action pursuant to those provisions, and no state or county officer or employee may perform any duty required under those provisions, until the legislature by concurrent resolution authorizes the resumption of those occupations, settlements and actions and the resumption of those duties.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1549 (Chapter 649, SB 343)ê

 

no person may occupy or settle on any public lands in this state or bring and maintain any action pursuant to those provisions, and no state or county officer or employee may perform any duty required under those provisions, until the legislature by concurrent resolution authorizes the resumption of those occupations, settlements and actions and the resumption of those duties.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 650, SB 363

Senate Bill No. 363–Senator Jacobsen

CHAPTER 650

AN ACT relating to the licensing of motor vehicles; providing for decals displaying county names on license plates of passenger cars and trucks; changing the system of designation by letters and numbers; providing for the reissuance of expired code numbers to different registrants; providing special license plates for certain journalists; providing fees; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  The director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

      2.  Every license plate assigned to a passenger car or truck must contain:

      (a) A space for the name of a county; and

      (b) A designation which consists of a group of three numerals followed by a group of three letters.

      3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.

      Sec. 3.  1.  The director shall order the preparation of decals which are adhesive strips treated to reflect light and designed to fit in the spaces reserved for the names of counties on vehicle license plates for passenger cars and trucks. Each decal shall display the name of a county in prominent block lettering.

      2.  The decals may be purchased for display on license plates in the spaces reserved for them. They must be available for purchase upon request, in person or by mail, in every office where motor vehicle license plates may be purchased.

      3.  The fee for a decal is $.50, which must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the cost of manufacturing the decals.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1550 (Chapter 650, SB 363)ê

 

state treasurer for credit to the motor vehicle fund and allocated to the department to defray the cost of manufacturing the decals.

      Sec. 4.  1.  Unless the vehicle license plate is:

      (a) A special plate which the registrant is no longer eligible to display; or

      (b) A personalized plate, the code of which denotes that the registrant holds a public office which he no longer holds,

if a certificate of registration and vehicle license plate with a particular code are continuously renewed, the registrant is entitled to maintain that code as long as he desires to do so.

      2.  When any certificate of registration and vehicle license plate expires and remains expired for a continuous period longer than 18 months, the department may issue, without notice to the previous registrant, replacement plates which bear the same codes. An applicant for such replacement plates must pay the usual registration fees and the fees for duplicate number plates prescribed by NRS 482.500.

      Sec. 5.  1.  An owner of a motor vehicle who is a resident of this state and who is regularly employed or engaged as an editor, reporter or photographer by a newspaper or television or radio station may, upon signed application on a form prescribed and provided by the department, accompanied by:

      (a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and

      (b) A letter from the news director, editor or publisher of the periodical or station by whom he is employed,

be issued license plates upon which is inscribed PRESS with three consecutive numbers.

      2.  Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck having an unladen weight of 6,000 pounds or less.

      3.  When a person to whom special license plates have been issued pursuant to this section leaves the service of the newspaper or station which has provided the letter required by subsection 1, he shall surrender any special plates in his possession to the department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the department.

      4.  The department may adopt regulations governing the issuance of special license plates to members of the press.

      Sec. 6.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

 


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ê1981 Statutes of Nevada, Page 1551 (Chapter 650, SB 363)ê

 

when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate must have displayed upon it: [the]

      (a) The registration number (or combination of letters and numbers) assigned to the vehicle and to the owner thereof; [, and the]

      (b) The name of the state, which may be abbreviated; [, and:

      (a)]

      (c) If issued for a calendar year, [such year.

      (b)] the year; and

      (d) If issued for a registration period other than a calendar year, the month and year [such] the registration expires.

      4.  [The registration numbers assigned to passenger cars must be coded for Carson City and the several counties as follows:

 

Carson City, OR or ORA to ORZ, inclusive, and when exhausted OAA to OZZ, inclusive;

Churchill, CH or CHA to CHZ, inclusive, and when exhausted FAA to FZZ, inclusive;

Clark, C or CA to CZ, inclusive, or CAA to CZZ, inclusive, and when exhausted TAA to TZZ, inclusive;

Douglas, DS or DSA to DSZ, inclusive, and when exhausted DAA to DZZ, inclusive;

Elko, EL or ELA to ELZ, inclusive, and when exhausted EAA to EZZ, inclusive, except the respective series ESA to ESZ and EUA to EUZ;

Esmeralda, ES or ESA to ESZ, inclusive;

Eureka, EU or EUA to EUZ, inclusive;

Humboldt, HU or HUA to HUZ, inclusive;

Lander, LA or LAA to LAZ, inclusive;

Lincoln, LN or LNA to LNZ, inclusive;

Lyon, LY or LYA to LYZ, inclusive, and when exhausted LBB to LZZ, inclusive;

Mineral, MN or MNA to MNZ, inclusive, and when exhausted MAA to MZZ, inclusive;

Nye, NY or NYA to NYZ, inclusive, and when exhausted NAA to NZZ, inclusive;

Pershing, PE or PEA to PEZ, inclusive, and when exhausted PAA to PZZ, inclusive;

Storey, ST or STA to STZ, inclusive,

Washoe, W or WAA to WZZ, inclusive, except WPA to WPZ, inclusive, and when exhausted KAA to KZZ, inclusive; and

White Pine, WP or WPA to WPZ, inclusive, and when exhausted ZAA to ZZZ, inclusive.

 

Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles and motorcycles, as may be determined; but the letters I and Q must not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, must be used for Carson City and each county as the need may be.

 


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ê1981 Statutes of Nevada, Page 1552 (Chapter 650, SB 363)ê

 

commencing with 1 to 99,999, must be used for Carson City and each county as the need may be.

      5.  The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.

      6.  No number plates may contain more than six letters and numbers in combination.

      7.  The department shall determine the position and order of the letters and numbers on the license plates for distribution in the state.

      8.]  The letters I and Q must not be used in the designation.

      5.  All letters and numbers must be of the same size.

      Sec. 7.  NRS 482.369 is hereby amended to read as follows:

      482.369  In providing the distinguishing plates to be issued pursuant to NRS 482.368, the director shall:

      1.  Select combinations of letters and numbers which are not confusingly similar to the combinations prescribed by NRS 482.270, [482.273 and] 482.274 [.] and section 1 of this act.

      2.  Employ letters and numbers of the same size as are used on license plates issued pursuant to NRS 482.270, [482.273 and] 482.274 [.] and section 1 of this act.

      Sec. 8.  NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as provided in subsection 2, whether upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration or ownership..............................     $5.00

For every substitute number plate................................................       5.00

For every duplicate number plate.................................................     10.00

For every decal displaying a county name................................         .50

For every other decal (license plate sticker or tab)....................       5.00

 

      2.  A fee of $5 must be paid for a duplicate plate of a special plate issued pursuant to NRS 482.3667, 482.375, 482.376 [or] , 482.380 [.] or section 5 of this act. A fee must not be charged for a duplicate plate or plates issued under NRS 482.368, 482.370, 482.373 or 482.374.

      3.  The [fee which is] fees which are paid for [a] duplicate number [plate must] plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the [plate.] plates and manufacturing the decals.

      Sec. 9.  NRS 482.273 is hereby repealed.

      Sec. 10.  This act shall become effective on January 1, 1982.

 

________

 

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1553ê

 

CHAPTER 651, SB 390

Senate Bill No. 390–Committee on Government Affairs

CHAPTER 651

AN ACT relating to the governor; providing that the legislative commission may, upon the election of each new governor, contract for the painting of his portrait for display in the Capitol Building; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The legislative commission may, upon the election of each new governor, enter into a contract with an artist for the purpose of procuring a portrait of that governor for display in the Capitol Building.

      2.  The portrait must be painted in oil colors and appropriately framed. The painting and framing must be done in the same manner, style and size as the portraits of former governors of the state displayed in the Capitol Building.

      3.  The contract price must not exceed the appropriation made for this purpose to the fund for the governor’s portrait, which is hereby created as a special revenue fund in the state treasury. The contract price must include the cost of the portrait and the frame.

      4.  The portrait and frame are subject to the approval of the governor.

      5.  Upon delivery of the approved, framed portrait to the secretary of state and its acceptance by the legislative commission, the state controller shall draw his warrant in an amount equal to the contract price and the state treasurer shall pay the warrant from the fund for the governor’s portrait. Any balance remaining in the fund immediately reverts to the state general fund.

      Sec. 2.  There is hereby appropriated from the state general fund to the fund for the governor’s portrait the sum of $5,000.

 

________

 

 

CHAPTER 652, SB 406

Senate Bill No. 406–Senator Bilbray

CHAPTER 652

AN ACT relating to emergency medical services; revising provisions relating to such services; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 450B.130 is hereby amended to read as follows:

      450B.130  The board shall adopt regulations establishing reasonable minimum standards for:

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1554 (Chapter 652, SB 406)ê

 

      1.  [Qualifications and training for] Training and qualification of attendants [which it] if the board determines that such regulations are necessary in addition to the statutory requirements for licensing [;] attendants;

      2.  Sanitation [requirements for] in ambulances and air ambulances;

      3.  Medical and nonmedical equipment and supplies to be carried in ambulances and air ambulances;

      4.  Interior configuration, design and dimensions of ambulances placed in service after July 1, 1979;

      5.  Permits for operation of ambulance services and air ambulance services; [and]

      6.  Records to be maintained by all ambulance services and air ambulance services [.] ; and

      7.  Treatment of patients who are critically ill or in urgent need of treatment.

      Sec. 2.  NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health division may issue licenses to attendants.

      2.  Each license must be evidenced by a card issued to the license holder.

      3.  Each license is valid for a period not to exceed [3] 2 years, and is renewable.

      4.  To obtain a license [under the provisions of this chapter,] as an attendant [shall] , an applicant must file with the health division:

      (a) A current, valid certificate evidencing his successful completion of a training program or course in advanced first aid equivalent to the programs or courses in advanced first aid offered by:

             (1) The American Red Cross;

             (2) The United States Bureau of Mines;

             (3) The Armed Forces of the United States (to medical corpsmen); or

             (4) Any other rescue or emergency first aid organization recognized by the board.

      (b) A signed statement showing his:

             (1) Name and address;

             (2) Employer’s name and address; and

             (3) Job description.

      (c) Such other certificates for training and such other items as the board may specify.

      [6.]5.  An [attendant] applicant who is not a volunteer [shall] must file with the health division, in addition to the items specified in subsection 4, a current, valid certificate designating him as an emergency medical technician.

      6.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

      7.  Each ambulance service and air ambulance service shall annually file with the health division a complete list of the licensed attendants [of such] in its service.

      8.  Licensed physicians and registered nurses may serve as attendants without being licensed as ambulance attendants [.] , but a registered nurse who is employed to perform advanced emergency care in an ambulance or air ambulance must be qualified as required by the regulations of the state board of nursing.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1555 (Chapter 652, SB 406)ê

 

nurse who is employed to perform advanced emergency care in an ambulance or air ambulance must be qualified as required by the regulations of the state board of nursing.

      Sec. 3.  NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician [shall] must apply to the health division using forms prescribed by the health division.

      2.  The health division, under regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician [certificate] to each qualified applicant.

      3.  [An] A certificate as an emergency medical technician [certificate] is valid for a period not exceeding 2 years and may be renewed if the holder meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.

      4.  The health division may suspend or revoke the certificate of an emergency medical technician [certificate] if it [is determined] finds that the holder no longer meets the prescribed qualifications. The holder has the right of appeal to the board.

      5.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician. [and by those who qualify to give advanced and intermediate emergency care pursuant to the provisions of subsections 6 and 7.

      6.  The board shall determine training and other requirements for the provision of intermediate emergency care, including but not limited to, administration of intravenous therapy, application of pneumatic trousers for the control of shock, management of a passage for air to the lungs, and other techniques approved by the board. No attendant may give, and no ambulance service may offer, intermediate emergency care without fulfilling the requirements established by the board.

      7.  The board shall determine training and other requirements for the provision of advanced emergency care, including but not limited to defibrillation and administration of parenteral injections. No attendant may give, and no ambulance service may offer, advanced emergency care without fulfilling the requirements established by the board.]

      Sec. 4.  NRS 450B.195 is hereby amended to read as follows:

      450B.195  1.  A training program in advanced emergency care for advanced emergency medical technicians-ambulance must include at least 500 hours of training, including but not limited to 300 hours of didactic and 200 hours of clinical instruction. The program must include cardiac care and emergency vehicle experience.

      2.  [A certified] Each holder of a certificate as an advanced emergency medical technician-ambulance must undergo at least 40 hours of further or refresher training yearly in order to maintain his certification, and he is subject to reexamination every 2 years by the state health officer.

      3.  The board may by regulation prescribe other requirements for training in advanced emergency care.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1556 (Chapter 652, SB 406)ê

 

      [3.]4.  A person shall not represent himself to be an advanced emergency medical technician-ambulance unless he has on file with the health division [of the department of human resources] a currently valid certificate [demonstrating] evidencing his successful completion of the training program required by this section.

      5.  An attendant shall not perform, and an ambulance service shall not offer, advanced emergency care without fulfilling the requirements established by the board.

      Sec. 5.  NRS 450B.197 is hereby amended to read as follows:

      450B.197  [An] A person performing advanced emergency care, including an advanced emergency medical technician-ambulance or a registered nurse pursuant to the regulations of the state board of nursing, may:

      1.  [Render rescue, first-aid] Perform rescues, first aid and resuscitation. [services.]

      2.  During training at a hospital and while caring for patients in a hospital, administer parenteral medications under the direct supervision of a physician or a registered nurse.

      3.  Perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient.

      4.  Where voice [contact or a telemetered electrocardiogram is monitored by] communication is established and maintained with a physician or with a registered nurse supervised by a physician [, and direct communication is maintained,] and, if appropriate, a telemetered electrocardiogram of the patient is observed by the physician or nurse, upon order of [such] the physician or nurse, perform such procedures and administer such drugs as are approved by the state board of health, which may include but are not limited to:

      (a) [Administer] Administering intravenous saline or glucose solutions.

      (b) [Perform] Performing gastric suction by intubation.

      (c) [Administer airway] Performing an intubation [by] into the airway by an esophageal [tube] or endotracheal tube.

      (d) [Perform] Performing a needle aspiration of the chest.

      (e) [Perform] Performing surgical exposure of a vein or artery.

      (f) [Perform] Performing a phlebotomy or [draw] drawing blood specimens for analysis.

      (g) [Administer] Administering drugs of the following classes:

             (1) Antiarrhythmic agents.

             (2) Vagolytic agents.

             (3) Chronotropic agents.

             (4) Analgesic agents.

             (5) Alkalizing agents.

             (6) Vasopressor agents.

             (7) Diuretics.

             (8) Narcotic antiagents.

             (9) Anticonvulsive agent.

             (10) Volume expanding agents.

             (11) Topical ophthalmic solution.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1557 (Chapter 652, SB 406)ê

 

             (12) Intravenous glucose.

             (13) Antihistiminic.

             (14) Steroids.

             (15) Bronchodilators.

      5.  Where voice communication cannot be established or cannot be maintained with a physician or with a registered nurse supervised by a physician, perform procedures under such prescribed conditions as are set forth in written standing orders which are recommended by a physician or physicians who supervise the performance of advanced emergency care and are adopted by a district board of health, or by the state health officer for areas that are not in health districts, and are approved by the board. If such a procedure is begun, the technician must establish or resume voice communication as soon as possible.

      Sec. 6.  Section 3 of chapter 144, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 3.  1.  [The] A training program in intermediate emergency care in a rural area which has access to a medical facility which provides intensive care, if the area is outside a health district, must be initiated and conducted by a licensed physician. The training program in a health district must be initiated and conducted by the district health officer.

       2.  A training program for an intermediate emergency medical technician must include, but is not limited to, an approved curriculum in intravenous therapy, the use of pneumatic trousers to control shock and the management of a passage for air to the lungs. Only a certified emergency medical technician who is a licensed ambulance attendant with a minimum of 1 year of ambulance or emergency vehicle experience is eligible for this training.

       3.  A certified intermediate emergency medical technician must undergo at least one examination by the supervising physician every 6 months to verify the retention of his skills in order to maintain his certification, and is subject to reexamination by the state health officer. The supervising physician may recommend revocation of certification at any time.

       4.  The board may by regulation prescribe other requirements for training in intermediate emergency care.

       5.  A person shall not represent himself to be an intermediate emergency medical technician unless he has on file with the health division a currently valid certificate demonstrating successful completion of the training program required by this section.

       6.  An attendant shall not perform, and an ambulance service shall not offer, intermediate emergency care without fulfilling the requirements established by the board.

 

      Sec. 7.  Sections 2, 3 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1558ê

 

CHAPTER 653, SB 417

Senate Bill No. 417–Committee on Finance

CHAPTER 653

AN ACT making an appropriation from the state general fund to the division of Colorado River resources of the department of energy to pay for certain costs of litigation and for consulting independent experts; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund to the Colorado River account, which is hereby created in the state general fund, for the division of Colorado River resources of the department of energy, the sum of $750,000 to pay for certain costs of litigation involving the reallocation of electrical power from Hoover Dam and for consulting independent experts.

      Sec. 2.  If additional electrical power is allocated to this state, the administrator of the division of Colorado River resources shall, in any agreement for the sale or other disposal of that power include a surcharge sufficient to recover, during the term of the agreement and without interest, all money expended from the appropriation made by section 1 of this act and the $150,000 allocated by the interim finance committee on August 25, 1980, for the same purpose. This surcharge, as collected, must be paid into the state general fund.

      Sec. 3.  The administrator shall report quarterly to the interim finance committee concerning any expenditures made from the appropriation made by section 1, and any agreement affected by section 2, of this act.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 654, SB 421

Senate Bill No. 421–Committee on Government Affairs

CHAPTER 654

AN ACT relating to offenders’ money; creating a new fund; providing for the disposition of interest on certain funds; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The offenders’ employment fund is hereby created as a special revenue fund. Into it must be deposited, for each offender, the net amount of any wages earned during incarceration, after any deductions made by the director. From it the director:

      1.  May permit withdrawals for immediate expenditure by the offender for personal needs.

 


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ê1981 Statutes of Nevada, Page 1559 (Chapter 654, SB 421)ê

 

      2.  Shall pay over to each offender upon his release any remaining balance in his individual account.

      Sec. 3.  The director shall deposit the offenders’ store fund and the offenders’ employment fund with the state treasurer for investment. The interest earned upon these funds may only be disbursed as authorized by the legislature.

      Sec. 4.  NRS 209.221 is hereby amended to read as follows:

      209.221  1.  The offenders’ store fund is hereby created as a [trust] special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the offenders’ store fund.

      2.  The director shall:

      (a) [Deposit the offenders’ store fund in one or more banks of reputable standing;

      (b)] Keep, or cause to be kept, a full and accurate account of the fund;

      [(c)](b) Submit reports to the board relative to money in the fund as may be required from time to time; and

      [(d)](c) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.

      3.  Money in the offenders’ store fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.

      Sec. 5.  NRS 209.241 is hereby amended to read as follows:

      209.241  The director may accept money and valuables belonging to offenders at the time of their incarceration or afterward received by gift, inheritance or the like, for safekeeping pending their releases, and shall deposit such money in the prisoners’ personal property fund, which is a trust fund. He shall keep, or cause to be kept, a full and accurate account of such money and valuables, and shall submit reports to the board relating to such money and valuables as may be required from time to time.

      Sec. 6.  NRS 356.087 is hereby amended to read as follows:

      356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.

      2.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of the total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:

             (1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and

             (2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;

      (b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

 

 


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ê1981 Statutes of Nevada, Page 1560 (Chapter 654, SB 421)ê

 

of paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

      (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (1) of paragraph (a); and

      (d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).

      3.  The proportionate shares of the interest earned and received by:

      (a) The dairy commission fund;

      (b) The legislator’s retirement fund;

      (c) The public employees’ retirement fund;

      (d) The state permanent school fund;

      (e) The silicosis and disabled pension fund;

      (f) The offenders’ store fund and prisoners’ personal property fund;

      (g) The wildlife account;

      [(g)](h) The trust fund for the care of sites for the disposal of radioactive waste;

      [(h)](i) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible;

      [(i)](j) The business enterprise contingent fund for the blind;

      [(j)](k) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;

      [(k)](l) The beef promotion fund; and

      [(l)](m) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979,

must be accounted for as separate income and assets of those respective funds and the appropriate account.

      Sec. 7.  Section 6 of this act shall become effective at 12:03 a.m. on July 1, 1981.

 

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ê1981 Statutes of Nevada, Page 1561ê

 

CHAPTER 655, SB 449

Senate Bill No. 449–Committee on Judiciary

CHAPTER 655

AN ACT relating to the interception of communications; providing for diversion, rerouting or interruption of service on telephone lines at the request of a peace officer in situations in which hostages are being held or suspects are barricaded; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 179 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A supervising peace officer who, with other officers, or any peace officer who, alone, is attempting to gain control of a situation in which a person:

      (a) Is holding another as a hostage, whether or not the life of the hostage has been threatened; or

      (b) Has committed or is believed to have committed a crime, is barricaded in an area or structure and is resisting arrest through the use or threatened use of force,

may direct the public utility which provides telephone service to the area or structure in which the hostages are being held or persons are barricaded, or to an area which is close to that area or structure, to interrupt the service on, divert, reroute or otherwise make temporary changes in telephone lines to enable the peace officer making the request to establish communication with the person holding the hostage, or among peace officers, or to deny communication to the person holding the hostage.

      2.  Each public utility which provides telephone service in this state shall designate an employee and an alternate to supervise in performing the orders of a peace officer who is carrying out the purposes of this section.

      3.  A reliance in good faith by a public utility on the order of a peace officer pursuant to this section constitutes a complete defense to any civil or criminal action brought against the public utility on account of any interruption, diversion, rerouting or change in telephone service made in response to the order.

      Sec. 2.  NRS 179.410 is hereby amended to read as follows:

      179.410  As used in NRS 179.410 to 179.515, inclusive, except where the context otherwise requires, the words and terms defined in NRS 179.415 to 179.455, inclusive, have the meanings ascribed to them in such sections.

      Sec. 3.  NRS 200.640 is hereby amended to read as follows:

      200.640  Except as otherwise provided in NRS 179.410 to 179.515, inclusive, [no] and 200.620, a person shall not make any connection, either physically or by induction, with the wire or radio communication facilities of any person engaged in the business of providing service and facilities for [such] communication unless [such] the connection is [also] authorized by the person providing [such] the service and facilities.

 

________

 

 


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ê1981 Statutes of Nevada, Page 1562ê

 

CHAPTER 656, SB 451

Senate Bill No. 451–Committee on Judiciary

CHAPTER 656

AN ACT relating to county and city jails; amending requirements for detaining United States prisoners in county jails; amending various provisions relating to employment of prisoners; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 211.060 is hereby amended to read as follows:

      211.060  1.  A person may be committed under the authority of the United States to any county jail if a contract has been concluded between the United States and the sheriff of the county, upon payment of:

      (a) All actual and reasonably necessary costs of his confinement, including the direct cost of his support and an allocated share of the cost of maintaining the jail and guarding the prisoners, as compensation to the county for the use of the jail; and

      (b) All legal fees of the jailer.

      2.  The sheriff shall receive such prisoners, and subject them to the same employment, discipline and treatment, and be liable for any neglect of duty as in the case of other prisoners, but the county is not liable for any escape.

      Sec. 2.  NRS 211.120 is hereby amended to read as follows:

      211.120  1.  The board of county commissioners and the governing body of an incorporated city, shall make all necessary arrangements, as provided in NRS 211.120 to 211.170, inclusive, to utilize the labor of the prisoners committed to any jails within any county, city, or town within this state, for a term of imprisonment by the judges of the several district courts within this state, or the justices of the peace in any townships throughout this state.

      2.  A sheriff, chief of police or town marshal may establish a program to release prisoners from his jail for work. The program must:

      (a) Provide for thorough screening of prisoners for inclusion in the program;

      (b) Be limited to prisoners who have been sentenced; and

      (c) Require that each prisoner who participates in the program reimburse the county, city or town in whole or in part, according to his ability to pay, for his room and board during the time he participates in the program.

      Sec. 3.  NRS 211.140 is hereby amended to read as follows:

      211.140  1.  The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state have charge and control over all prisoners committed to their respective city and town jails.

      2.  The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are [at all times] kept at labor [on the public works in their respective counties, cities and towns, at least 6 hours a day during 6 days of the week, when the weather permits when required by the board of county commissioners, by the governing body of their respective cities or by the board of trustees of their respective towns.]

 


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ê1981 Statutes of Nevada, Page 1563 (Chapter 656, SB 451)ê

 

the board of county commissioners, by the governing body of their respective cities or by the board of trustees of their respective towns.] for reasonable amounts of time within the jail, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120.

      3.  “Public works” as used in NRS 211.120 to 211.170, inclusive, means the construction, repair, or cleaning of any streets, road, sidewalks, public square, park, building, cutting away hills, grading, putting in sewers, or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby.

      4.  The sheriff, chief of police or town marshal shall arrange for the administration of [such] medical care [as may be] required by prisoners committed to his custody. The county, city or town shall pay the cost of appropriate medical:

      (a) Treatment for injuries incurred by a prisoner [during his arrest for the commission of a public offense or] while he is in custody [;] and for injuries incurred during his arrest for commission of a public offense if he is not convicted of that offense;

      (b) Treatment for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and

      (c) Examinations required by law or by court order unless the order otherwise provides.

      5.  A prisoner shall pay the cost of medical treatment for:

      (a) Injuries incurred by the prisoner during his commission of a public offense [;] or for injuries incurred during his arrest for commission of a public offense if he is convicted of that offense;

      (b) Injuries or illnesses which existed before the prisoner was taken into custody;

      (c) Self-inflicted injuries; and

      (d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.

      6.  A health and care facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.

      Sec. 4.  NRS 211.150 is hereby amended to read as follows:

      211.150  [In case any prisoner or prisoners are] 1.  If a prisoner is disobedient or disorderly, or [do] does not faithfully perform [their task,] his tasks, the officers having charge of [them may inflict punishment upon them by confining them in dark and solitary cells, and the officers so punishing shall keep a record of the punishment so inflicted, showing its cause, mode, degree and duration, making a correct report of the same on the last day of each month to their respective boards in each county, city and town, together with the amount and character of work done by the prisoners during the month.] him may take action to discipline and punish him. The action may include confinement to an individual cell separate from other prisoners for the protection of the staff of the jail and other prisoners.

 


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ê1981 Statutes of Nevada, Page 1564 (Chapter 656, SB 451)ê

 

the jail and other prisoners. An officer who confines a prisoner to an individual cell for any reason shall report his action as soon as possible to the person in charge of the jail.

      2.  A report of the number of prisoners who are performing work and the amount and type of work performed must be submitted to the person in charge of the jail on the last day of each month.

      Sec. 5.  NRS 211.160 is hereby amended to read as follows:

      211.160  [No] 1.  Except in accordance with criteria established pursuant to subsection 2, no prisoner or prisoners [shall] may be allowed to go from the walls of the prison without a proper and sufficient guard.

      2.  The responsible sheriff, chief of police or town marshal shall establish criteria for determining whether, and to what extent, supervision is required for a prisoner who is assigned to work pursuant to subsection 2 of NRS 211.140.

      Sec. 6.  NRS 211.170 is hereby amended to read as follows:

      211.170  1.  For each month in which a prisoner:

      (a) Appears by the [record provided for in] reports required by NRS 211.150, to have been obedient, orderly and faithful, the sheriff of the county or the chief of police of the municipality in which the prisoner is incarcerated may deduct not more than 5 days from the term of imprisonment of the prisoner.

      (b) Diligently performs his assigned work, the sheriff or chief of police may deduct: [not more than 5 additional days from the term of imprisonment of the prisoner.]

             (1) Not more than 10 additional days if his sentence is 270 days or more;

             (2) Not more than 7 additional days if his sentence is 180 days or more but less than 270 days;

             (3) Not more than 5 additional days if his sentence is 30 days or more but less than 180 days;

             (4) Not more than 3 additional days if his sentence is 15 days or more but less than 30 days; and

             (5) No additional days if his sentence is less than 15 days.

      2.  Deduction earned under paragraph (a) of subsection 1 for any period of time less than a month must be credited on a pro rata basis.

      3.  If, while incarcerated, a prisoner:

      (a) Commits a criminal offense;

      (b) Commits an act which endangers human life; or

      (c) Intentionally disobeys a rule of the jail,

all or part of any deductions the prisoner has earned under this section may be forfeited as the sheriff or chief of police determines.

      4.  Before any forfeiture under subsection 3 may occur, the prisoner must be given reasonable notice of the alleged misconduct for which the forfeiture is sought and an opportunity for a hearing on that misconduct.

      Sec. 7.  Sections 2 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

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…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1565ê

 

CHAPTER 657, SB 456

Senate Bill No. 456–Senators Kosinski, Don Ashworth, Keith Ashworth, Raggio, Glaser, Getto, Hernstadt, Ford, Bilbray, Wagner, Close and Wilson

CHAPTER 657

AN ACT relating to property tax; extending the tax exemption for a disabled veteran to his surviving spouse; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 361.091 is hereby amended to read as follows:

      361.091  1.  An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veteran’s exemption.

      2.  The amount of exemption [shall be] is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to [a] an exemption of $7,500 assessed value. [exemption.]

      (b) Sixty to 79 percent, inclusive, is entitled to [a] an exemption of $5,000 assessed value. [exemption.]

For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption [shall be] is allowed only to a claimant who has made an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit [shall] must be made before the county assessor or [before] a notary public and be submitted to the county assessor. It must be to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he [or she] meets all the other requirements of subsection 1, and that [such exemption is claimed in no] he does not claim the exemption in any other county within this state.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of [status of the applicant,] the applicant’s status, and for that purpose shall require [an applicant] him to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or

      (c) A certificate from the Veterans’ Administration which shows that [the applicant] he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with [an] a certificate of honorable discharge or [certificate of] satisfactory service.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1566 (Chapter 657, SB 456)ê

 

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

      (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

      (b) The disabled veteran was eligible for the exemption at the time of his death; and

      (c) The surviving spouse has not remarried.

The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5.

      7.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.

      [7.]8.  If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of [such] the false affidavit or false proof, the person is allowed a tax exemption [is allowed to a person] to which he is not entitled [to such exemption, such person] , he is guilty of a gross misdemeanor.

      Sec. 2.  NRS 361.1565 is hereby amended to read as follows:

      361.1565  The personal property tax exemption to which a widow, orphan child, totally blind person [or veteran] , veteran or surviving spouse of a disabled veteran is entitled under NRS 361.080, 361.085, 361.090 or 361.091 is reduced to the extent that he is allowed an exemption from the vehicle privilege tax under chapter 371 of NRS.

      Sec. 3.  NRS 371.104 is hereby amended to read as follows:

      371.104  1.  An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a veteran’s exemption from the payment of vehicle privilege taxes on vehicles of the following determined valuations:

      (a) If he has a disability of 100 percent, the first $10,000 of determined valuation;

      (b) If he has a disability of 80 to 99 percent, inclusive, the first $7,500 of determined valuation; or

      (c) If he has a disability of 60 to 79 percent, inclusive, the first $5,000 of determined valuation.

      2.  For the purpose of this section, the first $10,000 determined valuation of vehicles in which [such person] an applicant has any interest shall be deemed to belong entirely to that person.

      3.  A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state.

      4.  Before allowing any exemption pursuant to the provisions of this section, the department shall require proof of [status of the applicant,] the applicant’s status, and for that purpose shall require production of:

      (a) A certificate from the Veterans’ Administration that the [applicant] veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and

 


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ê1981 Statutes of Nevada, Page 1567 (Chapter 657, SB 456)ê

 

      (b) Any one of the following:

             (1) An honorable discharge;

             (2) A certificate of satisfactory service; or

             (3) A certified copy of either of these documents.

      5.  A surviving spouse claiming an exemption pursuant to this section must file with the department in the county where the exemption is claimed an affidavit declaring that:

      (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

      (b) The disabled veteran was eligible for the exemption at the time of his death; and

      (c) The surviving spouse has not remarried.

The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4.

      6.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.

      [6.]7.  If any person makes a false affidavit or produces false proof to the department, and as a result of [such] the false affidavit or false proof, the person allowed a tax exemption [is allowed to a person] to which he is not entitled [to such exemption, such person] , he is guilty of a gross misdemeanor.

 

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CHAPTER 658, SB 478

Senate Bill No. 478–Senators Jacobsen, Wilson, Lamb, Blakemore, Gibson, Glaser, Raggio, Getto, Wagner, Ford, Neal, Echols, Faiss, Close and Don Ashworth

CHAPTER 658

AN ACT providing for the issuance of general obligation bonds of the State of Nevada to provide money necessary to acquire the Kahle property; requiring the allocation of certain other money to Douglas County; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  There is hereby allocated to Douglas County, Nevada, $550,000 of the proceeds of the bonds sold under “An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for the use of the proceeds if such issue is approved; and providing other matters properly relating thereto,” approved May 21, 1975, being chapter 660, Statutes of Nevada 1975, at page 1303, for the acquisition of the land owned of record or beneficially by Oliver Kahle which is lying in sections 22 and 27, T. 13 N., R. 18 E., M.D.B. & M. If the proceeds of those bonds are not sufficient for this allocation, the state board of examiners is directed to issue a sufficient number of those bonds to produce the proceeds needed for this allocation.

 


…………………………………………………………………………………………………………………

ê1981 Statutes of Nevada, Page 1568 (Chapter 658, SB 478)ê

 

      Sec. 2.  Any money allocated by section 1 of this act to Douglas County, Nevada, which is not used for the acquisition of the Kahle property before July 1, 1983, becomes available for reallocation by the legislature or the interim finance committee pursuant to section 3 of chapter 660, Statutes of Nevada 1975, as amended by chapter 409, Statutes of Nevada 1977.

      Sec. 3.  1.  The state board of examiners shall issue general obligation bonds of the State of Nevada in the amount of $2,000,000 to provide the remaining money necessary to acquire the land described in section 1 of this act.

      2.  The legislature finds and declares that the issuance of bonds pursuant to this section is necessary for the protection and preservation of the property of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      3.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this section.

      4.  The proceeds of the bonds issued pursuant to this section are hereby appropriated to Douglas County, Nevada, for the purpose specified in subsection 1.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 659, SB 214

Senate Bill No. 214–Senators Neal and Hernstadt

CHAPTER 659

AN ACT relating to fire protection; applying certain requirements relating to fire safety to certain buildings; creating a board of fire safety and providing for its organization, powers and duties; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, “authority” means:

      1.  The state fire marshal in counties having a population of less than 100,000;

      2.  Unless the county has enacted an ordinance designating the persons who constitute the authority, the chief building official and chief officer of the fire service of the jurisdiction in any other county. If the chief building official and the chief officer of the fire service are unable to agree on any question, “authority” includes the county manager or city manager, who shall cast the deciding vote on that question; or

      3.  If the board of county commissioners of a county having a population of 100,000 or more or the governing body of a city in that county has specified a person or persons to act as the authority, that person or those persons.

 


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ê1981 Statutes of Nevada, Page 1569 (Chapter 659, SB 214)ê

 

has specified a person or persons to act as the authority, that person or those persons.

      Sec. 3.  1.  After May 15, 1981, the governing body of a local government may not adopt an ordinance requiring changes to existing structures to enhance the safety of occupants from fire if the ordinance is:

      (a) Less stringent than this chapter; or

      (b) More stringent than this chapter unless the governing body has sought and obtained approval of the ordinance from the state board of examiners.

      Sec. 4.  The owner or operator of any building, except a single-family detached dwelling, shall:

      1.  Equip every exit corridor and other means of exit with emergency lighting of a type approved by the authority which permits the safe evacuation of the building.

      2.  Equip every door to an exit corridor which serves 30 or more occupants with a device, approved by the authority, which closes the door.

      3.  Immediately provide adequate facilities for exit.

      4.  If the building has three stories or more, enclose every open stairway or vertical shaft with:

      (a) Construction whose resistance to fire has been approved by the authority; or

      (b) Alternate means approved by the authority which afford equivalent protection to life and property from fire.

      Sec. 5.  The owner or operator of every hotel or motel of three stories or more which contains 20 or more guest rooms, apartment building or condominium of three stories or more with 15 or more dwelling units, or any office building of three stories or more shall equip the building with fire alarms in compliance with paragraph 2 of section 1202B of the 1979 edition of the Uniform Building Code.

      Sec. 6.  1.  The owner or operator of every hotel or motel which contains at least six guest rooms, or apartment building with at least three dwelling units, shall equip each room primarily used for sleeping in a hotel or motel and each dwelling unit in an apartment building with a smoke-detector, the placement of which is approved by the authority.

      2.  The owner or operator of every hotel or motel which contains at least six guest rooms, or apartment building or condominium with at least three dwelling units shall seal any opening used to supply air from a corridor to a guest room or to a dwelling unit unless:

      (a) The corridor contains smoke-detectors as required by regulation of the state fire marshal;

      (b) Activation of any two detectors causes the supply of air to cease and seals the opening between the room and the corridor; and

      (c) He obtains the approval of the authority to supply air in this manner.

      Sec. 7.  The owner or operator of every hotel, motel, office, apartment building or condominium where human occupancy is permitted on floors which are more than 55 feet above the lowest level of ground accessible to vehicles of a fire department, shall:

 


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ê1981 Statutes of Nevada, Page 1570 (Chapter 659, SB 214)ê

 

      1.  Equip each exit corridor of the building with fire sprinklers as required by regulations of the state fire marshal;

      2.  Except in a condominium, equip each room with at least one fire sprinkler above each door opening into an exit corridor of the building;

      3.  Equip every elevator so as to permit it to be recalled automatically, in compliance with section A 17.1 of the 1978 edition of the American National Standards Institute and section 211.3 of the 1981 amendments to that edition, to the first floor or, if necessary, to any other floor of the building not affected by fire;

      4.  Post the number of each floor in every stairwell and in every lobby adjacent to an elevator;

      5.  Equip the heating, ventilating and air-conditioning system with an automatic device to shut it off as prescribed in section 1009 of the 1979 edition of the Uniform Mechanical Code, and with an additional smoke-detector as required by the 1978 edition of National Fire Protection Association Standard 90A; and

      6.  In each room primarily used for sleeping, except in a condominium:

      (a) Post in a prominent location an explanation of the route to use for evacuation of the building; and

      (b) Install a paging alarm system which conforms to the regulations of the state fire marshal, to permit vocal warning and instructions to the occupants.

      7.  In a condominium, install in the common areas a paging alarm system meeting the requirements of paragraph (b) of subsection 6, with a sound level of 80 decibels.

      Sec. 8.  1.  The owner or operator of every building or portion of a building used for public assembly except churches and buildings associated with them, meeting halls of fraternal organizations, and gymnasiums belonging to schools and other nonprofit organizations:

      (a) Which has a room or rooms which have a total floor area of more than 5,000 square feet and which are used for public assembly, within a building with a total floor area of 12,000 square feet or more, shall install automatic sprinklers for protection from fire as required by regulation of the state fire marshal, except in those areas where the authority waives this requirement. The authority may waive this requirement for any space which is separated from this area by construction whose resistance to fire has been approved by the authority.

      (b) Which is certified for occupancy by more than 300 persons shall:

             (1) Use interior finishes in the areas used for public assembly which comply with chapter 42 of the 1979 edition of the Uniform Building Code as it relates to retarding the spread of fire; or

             (2) Install automatic sprinklers in the areas used for public assembly for protection from fire as required by regulations adopted by the state fire marshal.

      2.  For the purposes of this section, a building or a portion of a building is used for public assembly if 50 or more persons assemble there for any purpose other than in the normal course of their employment.

      Sec. 9.  The owner or operator of a building shall not construct a facility for or permit helicopters to land on top of the building unless the authority approves this landing.

 


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ê1981 Statutes of Nevada, Page 1571 (Chapter 659, SB 214)ê

 

authority approves this landing. The authority shall base its decision upon the physical construction of the remainder of the building and the relative risks to human safety from permitting or denying the landing of helicopters.

      Sec. 10.  1.  The board of fire safety, consisting of eleven members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) A licensed architect;

      (b) Three chiefs of or fire marshals from local fire departments, at least one of whom must be from a fire department in a county having a population of less than 100,000;

      (c) A building official of a local government which is or is within each county having a population of 100,000 or more;

      (d) A licensed general contractor;

      (e) A professional engineer;

      (f) Two representatives of gaming and lodging enterprises; and

      (g) The state fire marshal,

to the board.

      3.  The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as secretary of the board.

      4.  The board shall meet approximately once each month or at least eight times a year or on the call of the chairman, the state fire marshal or a majority of the members.

      5.  The members of the board, except those who are public officers or employees, are entitled to receive a salary of $80 for each day’s attendance at a meeting of the board or a committee of the board and all members are entitled to the per diem allowances and travel expenses provided by law. The state fire marshal shall provide in the budget of his office for sufficient money to pay salaries and allowances for members and other expenses of the board.

      Sec. 11.  The board of fire safety shall:

      1.  Hear and decide requests for variances from the provisions of sections 3 to 8, inclusive, of this act and requests for permission to undertake alternate methods of achieving substantial compliance with those provisions; and

      2.  Review local ordinances which require stricter standards than those required by sections 3 to 8, inclusive, of this act for retrofitting of buildings and recommend to the state board of examiners whether the ordinances should be approved.

      Sec. 12.  1.  A person may request a variance from the provisions of sections 3 to 8, inclusive, of this act by filing a petition with the board of fire safety.

      2.  Within 30 days after receiving a petition, the board shall grant the petitioner a hearing and, upon a showing that existing features or alternate methods achieve substantial compliance with those provisions and that complete compliance will not significantly further the safety of persons in the building, may grant a variance. The board shall issue its order within 30 days after the hearing.

      Sec. 13.  1.  Each authority as defined in section 2 of this act shall, within 12 months after the effective date of this act, complete a survey of each building within its jurisdiction subject to the provisions of sections 3 to 8, inclusive, of this act.

 


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ê1981 Statutes of Nevada, Page 1572 (Chapter 659, SB 214)ê

 

of each building within its jurisdiction subject to the provisions of sections 3 to 8, inclusive, of this act.

      2.  When the authority completes its survey of a building, it shall immediately furnish a copy of the survey to the owner or operator of the building.

      3.  The owner or operator shall:

      (a) Furnish to the authority within 6 months after receiving the copy of the survey his plans to effect the corrections identified by the survey as necessary for compliance with sections 3 to 8, inclusive, of this act.

      (b) Make all of those corrections within 36 months after the effective date of this act.

      4.  The board of fire safety may waive the times prescribed in this section for:

      (a) Completion of surveys by a responsible authority; and

      (b) Submission of plans or completion of work, or both, by an owner or operator,

if the applicant for the wavier demonstrates an appropriate effort and a genuine inability to comply within the time prescribed.

      Sec. 14.  There is hereby appropriated from the state general fund to the state fire marshal division of the state department of commerce the sum of $164,648 for the fiscal year beginning July 1, 1981, and $140,627 for the fiscal year beginning July 1, 1982, for the purposes of paying salary, per diem and travel expenses of members of, and for the other expenses of the board of fire safety and for expenses of carrying out the duties imposed upon him by this act. The unencumbered balances of the appropriations for the fiscal years beginning July 1, 1981, and July 1, 1982, may not be committed for expenditure after June 30, 1982, and June 30, 1983, respectively, and revert to the state general fund as soon as all payments of money committed have been made.

      Sec. 15.  Sections 10, 11 and 12 of this act expire by limitation on July 1, 1985.

      Sec. 16.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 660, SB 251

Senate Bill No. 251–Committee on Judiciary

CHAPTER 660

AN ACT relating to parentage; revising provisions for notice in actions to determine paternity; clarifying provisions establishing periods of limitation; prohibiting the assessment of costs against the state; revising provisions relating to the district attorney’s role in bringing actions to establish parentage and the obligation of support; clarifying the existence of a privilege between lawyer and client in communications relating to such actions; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 126 of NRS is hereby amended by adding thereto a new section which shall read as follows:

 


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ê1981 Statutes of Nevada, Page 1573 (Chapter 660, SB 251)ê

 

      In an action brought to determine the existence or nonexistence of the father and child relationship, unless the person mentioned is a party to the action:

      1.  Except as otherwise provided in subsection 2, every person identified as the natural father or a possible natural father must be given notice of the proceeding in the manner provided by Rule 4(d) of N.R.C.P. or, where applicable, as provided in NRS 126.091.

      2.  Where a person is alleged to be, is presumed to be or claims to be the father and a determination is sought that he is not the father, he may be served as provided in Rule 4(e) of N.R.C.P. if his place of residence is unknown or he is not subject to the jurisdiction of the court.

      3.  The natural mother must be given notice in a manner prescribed by the court.

      Sec. 2.  NRS 126.081 is hereby amended to read as follows:

      126.081  1.  Except as otherwise provided in subsection 3, an action brought by or on behalf of a child whose paternity has not been determined is not barred until 3 years after the child reaches the age of majority.

      2.  Except as otherwise provided in NRS 41.210 to 41.260, inclusive, and in this chapter, an action to determine the existence of the father and child relationship as to a child who has no presumed father under NRS 126.051 may not be brought other than by or on behalf of the child later than 3 years after the birth of the child, or July 1, 1982, whichever is later.

      3.  The welfare division of the department of human resources acting on behalf of a child receiving public assistance may bring an action to establish paternity within 1 year after the child becomes a recipient of public assistance or within 3 years after the birth of the child, whichever is later. [But an action brought by or on behalf of a child whose paternity has not been determined is not barred until 3 years after the child reaches the age of majority.]

      4.  NRS 126.071 and this section do not alter the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents’ estates or to the determination of heirship, or otherwise.

      Sec. 3.  NRS 126.101 is hereby amended to read as follows:

      126.101  The child must be made a party to the action. If he is a minor he must be represented by his general guardian or a guardian ad litem appointed by the court. The child’s mother or father may not represent the child as guardian or otherwise. The court may appoint the welfare division of the department of human resources as guardian ad litem for the child. The natural mother, each man presumed to be the father under NRS 126.051, and each man alleged to be the natural father must be made parties or, if not subject to the jurisdiction of the court, be given notice of the action [in a manner prescribed by the court] and an opportunity to be heard. The court may align the parties.

      Sec. 4.  NRS 126.171 is hereby amended to read as follows:

      126.171  The court may order reasonable fees of counsel, experts and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid by the county. In no event may the state be assessed any costs when it is a party to an action to determine parentage.

 


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ê1981 Statutes of Nevada, Page 1574 (Chapter 660, SB 251)ê

 

may the state be assessed any costs when it is a party to an action to determine parentage.

      Sec. 5.  NRS 126.381 is hereby amended to read as follows:

      126.381  1.  The district attorney of the county of residence of the child shall take such action as is necessary to establish parentage of the child and locate and take legal action against a deserting or nonsupporting parent of the child when requested to do so by the custodial parent or a public agency which provides assistance to the parent or child. If the court for cause transfers the action to another county, the clerk of the receiving county shall notify the district attorney of that county and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and the obligation of support.

      2.  In a county where the district attorney has deputies to aid him in the performance of his duties, such district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.

      3.  The district attorney and his deputies do not [become representatives of] represent the parent or the child [by reason of performing] in the performance of their duties pursuant to this chapter [. Except as to disclosures of criminal activity, the] , but are rendering a public service as representatives of the state.

      4.  Subject to the exceptions in subsections 5 and 6, a privilege between lawyer and client arises [from the performance of those duties, but officials] between the parent or child to whom the public service is rendered and the district attorney.

      5.  Officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the privilege between lawyer and client under these circumstances.

      6.  Disclosures of criminal activity by a parent or child are not privileged.

 

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CHAPTER 661, SB 238

Senate Bill No. 238–Committee on Natural Resources

CHAPTER 661

AN ACT relating to public lands; providing for payments to local governments in lieu of taxes if the state obtains title to or management of the public lands; creating a trust fund; making an appropriation contingent on the transfer of those lands; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  There is hereby created in the state treasury the public land trust fund.

 


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ê1981 Statutes of Nevada, Page 1575 (Chapter 661, SB 238)ê

 

fund. All money appropriated for the purpose of making payments to local governments in lieu of taxes on public lands must be deposited by the state land registrar in the state treasury for credit to the public land trust fund. If the state obtains title to, trusteeship over or management of more than one-fifth of the public lands in Nevada, upon approval of the interim finance committee the state land registrar shall pay out of that trust fund in each fiscal year to each local government in Nevada an amount equal to or more than the payment of local government received in lieu of taxes on federal lands pursuant to 31 U.S.C. §§ 1601 et seq., in the most recent fiscal year, less the payment in lieu of taxes which the local government is entitled to receive from the Federal Government in the next fiscal year after the state obtains those lands.

      2.  If the local governments receive reduced payments in lieu of taxes from the Federal Government during a portion of a fiscal year because of the state’s obtaining those lands, the payments provided for in subsection 1 must be prorated for that portion of the fiscal year in which the payments from the Federal Government are reduced.

      3.  Payments from the trust fund must be made as other claims against the state are paid.

      Sec. 2.  If the state obtains the unreserved, unappropriated public lands in Nevada pursuant to an act of Congress which provides for the cession and conveyance or other transfer of those lands to this state, whether the federal act is effective before, on or after the date of passage and approval of this act, each local government is entitled to receive an amount equal to the payment which it received in lieu of taxes on federal lands pursuant to 31 U.S.C. §§ 1601 et seq. in the most recent fiscal year, less the payment in lieu of taxes which the local government is entitled to receive from the Federal Government in the next fiscal year after the state obtains those lands.

      Sec. 3.  1.  Section 1 of this act shall become effective on the date the state obtains the public lands pursuant to the federal act described in section 2 of this act.

      2.  This section and section 2 of this act shall become effective on July 1, 1981.

 

________

 

 

CHAPTER 662, SB 253

Senate Bill No. 253–Committee on Judiciary

CHAPTER 662

AN ACT relating to children; providing for the assessment of application fees and collection fees in actions to compel support and actions to determine paternity; providing for the disposition of fees collected; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 126.291 is hereby amended to read as follows:

      126.291  1.  Proceedings to compel support by a nonsupporting parent may be brought in accordance with this chapter. [and no] They are not exclusive of other proceedings.

 


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ê1981 Statutes of Nevada, Page 1576 (Chapter 662, SB 253)ê

 

are not exclusive of other proceedings. No filing fees [or other fees, charges or court costs] may be charged for bringing or maintaining the proceeding, but the court may assess the usual filing fees, charges or court costs [may be assessed by the court] against the nonsupporting parent and [enforced] shall enforce their collection with the other provisions of the judgment as provided in NRS 126.341. [They are not exclusive of other proceedings.]

      2.  When the district attorney is requested to bring an action to compel support or an action to determine paternity, he may charge the requester a fee of not more than $20 for an application. A fee may not be assessed against the State of Nevada when acting as a party to an action brought pursuant to this chapter.

      3.  If the court finds that a parent and child relationship exists, it may assess against the nonsupporting parent, in addition to any support obligation ordered a reasonable collection fee. If the court finds that the nonsupporting parent would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.

      4.  All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      Sec. 2.  NRS 130.160 is hereby amended to read as follows:

      130.160  1.  [An initiating court shall not require payment of either a filing fee or other cost from the obligee but may request the responding court to collect fees and costs from the obligor.] When the district attorney is requested to initiate an action in accordance with this chapter, he may assess against the obligee a fee of not more than $20 for an application. He may request that the responding court collect the fee from the obligor. A fee may not be assessed against the State of Nevada when acting as a party to an action brought pursuant to this chapter.

      2.  When the district attorney is requested to respond in an action in accordance with this chapter, the court may assess against an obligor, in addition to any support obligation ordered, a reasonable fee for collection and distribution. If the court finds that the obligor would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.

      3.  All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      [2.]4.  A responding court shall not require the posting of any bond, written undertaking, or security by the obligee, including bonds for the seizure or attachment of property or require payment of a filing fee or other costs from the obligee, but it may direct that all fees and costs requested by the initiating court and such fees and costs as are incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service or other service supplied to the obligor, be paid in whole or in part by the obligor or by the state or political subdivision thereof.

 


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ê1981 Statutes of Nevada, Page 1577 (Chapter 662, SB 253)ê

 

paid in whole or in part by the obligor or by the state or political subdivision thereof. These costs or fees do not have priority over amounts due to the obligee.

 

________

 

 

CHAPTER 663, SB 260

Senate Bill No. 260–Committee on Human Resources and Facilities

CHAPTER 663

AN ACT relating to facilities for the mentally retarded; revising procedures for voluntary and involuntary admission; adding procedural safeguards for persons admitted or considered for admission; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  1.  There are two types of admissions of mentally retarded persons to a mental retardation center:

      (a) Voluntary admission.

      (b) Involuntary admission.

      2.  An application for admission of a mentally retarded person to a mental retardation center must be made on a form approved by the division and the attorney general. The clerk of each district court in the state shall make the forms available to any person upon request.

      Sec. 3.  1.  Any mentally retarded person may apply to any mental retardation center for admission as a voluntary client. His parent or guardian or another responsible person may submit the application on his behalf.

      2.  If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.

      Sec. 4.  Whenever a person is alleged to be mentally retarded and a clear and present danger to himself or others, his parent or guardian or another responsible person may initiate proceedings for his involuntary admission to a mental retardation center by petitioning the district court of the county where the person resides. The petition must be accompanied by a certificate signed by a physician or certified psychologist experienced in the diagnosis of mental retardation stating that he has examined the person within the preceding 30 days and has concluded that the person is mentally retarded, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment.

      Sec. 5.  Immediately after receiving the petition, the clerk of the district court shall transmit the petition to the district judge, who shall:

      1.  Determine whether appropriate space and programs are available for the person at the mental retardation center to which it is proposed that the person be admitted; and

      2.  If appropriate space and programs are available, set a time and place for a hearing on the petition.

 


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ê1981 Statutes of Nevada, Page 1578 (Chapter 663, SB 260)ê

 

The hearing must be held within 7 calendar days after the date when the petition was filed. The clerk of the court shall give notice of the hearing to the person who is the subject of the petition, his attorney, if known, the petitioner and the administrative officer of the mental retardation center to which it is proposed that the person be admitted.

      Sec. 6.  1.  After the petition is filed the court may cause a physician or certified psychologist promptly to examine the person who is the subject of the petition or request an evaluation from the mental retardation center to which it is proposed the person be admitted. Any physician or certified psychologist requested by the court to conduct such an examination must be experienced in the diagnosis of mental retardation. The examination or evaluation must indicate whether the person is or is not mentally retarded and whether he is or is not in need of institutional training and treatment.

      2.  The court may allow the person alleged to be mentally retarded to remain at his place of residence pending any ordered examination and to return upon completion of the examination. One or more of the person’s relatives or friends may accompany him to the place of examination.

      Sec. 7.  1.  The person alleged to be mentally retarded, or any relative or friend acting on his behalf, is entitled to retain counsel to represent him in any proceeding before the district court relating to his involuntary admission to a mental retardation center.

      2.  If such counsel has not been retained, the court, before proceeding, shall advise the person and his guardian, or closest living relative if such a relative can be located, of the person’s right to have counsel.

      3.  If the person fails or refuses to secure counsel, the court shall appoint counsel to represent him. If the person is indigent, the counsel appointed may be the public defender.

      4.  Any counsel appointed by the court is entitled to fair and reasonable compensation for his services. The compensation must be charged against the property of the person for whom he was appointed. If the person is indigent, the compensation must be charged against the county in which the person alleged to be mentally retarded last resided.

      Sec. 8.  In proceedings for involuntary admission of a person to a mental retardation center:

      1.  The court shall hear and consider all relevant evidence, including the certificate, signed by a physician or certified psychologist, which accompanied the petition and the testimony of persons who conducted examinations or evaluations ordered by the court after the petition was filed.

      2.  The person must be present and has the right to testify, unless the physician or certified psychologist who signed the certificate, or who examined the person as ordered by the court, is present and testifies that the person is so severely disabled that he is unable to be present.

      3.  The person may obtain independent evaluation and expert opinion at his own expense, and may summon other witnesses.

      Sec. 9.  1.  Upon completion of the proceedings for involuntary admission of a person to a mental retardation center, if the court finds:

      (a) That the person is mentally retarded, has demonstrated that he is a clear and present danger to himself or others and is in need of institutional training and treatment;

 


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ê1981 Statutes of Nevada, Page 1579 (Chapter 663, SB 260)ê

 

      (b) That appropriate space and programs are available at the mental retardation center to which it is proposed that the person be admitted; and

      (c) That there is no less restrictive alternative to admission to a mental retardation center which would be consistent with the best interests of the person,

the court shall by written order certify that the person is eligible for involuntary admission to a mental retardation center.

      2.  A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the client has not been discharged earlier by the procedure provided in section 10 of this act. At the end of the 12-month period, the administrative officer of the mental retardation center may petition the court to renew the certificate for an additional period of not more than 12 months. Each petition for renewal must set forth the specific reasons who further treatment is required. A certificate may be renewed more than once.

      Sec. 10.  1.  If the administrative officer of a mental retardation center finds that a client is no longer in need of the services offered at the center, he shall discharge that client.

      2.  A written notice of the discharge must be given to the client and his representatives at least 10 days before the discharge.

      3.  If the client was admitted involuntarily, the administrator shall, at least 10 days before the discharge, notify the district court which issued the certificate of eligibility for the person’s admission.

      Sec. 11.  NRS 435.007 is hereby amended to read as follows:

      435.007  As used in this chapter, unless the context otherwise requires:

      1.  “Child” means any person under the age of 18 years who may be eligible for mental retardation services.

      2.  “Group care facility” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.

      3.  “Parent” means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.

      4.  “Person” includes a child and any other mentally retarded client who has attained the age of 18 years.

      Sec. 12.  NRS 435.081 is hereby amended to read as follows:

      435.081  1.  The administrator or his designee may receive a mentally retarded [persons] person of the State of Nevada for services in a facility operated by the division [when:] if:

      (a) The person is mentally retarded as defined in NRS 433.174 [;] and is in need of institutional training and treatment;

      (b) Space is available in a facility operated by the division which is designed and equipped to provide appropriate care [, treatment and training for mentally retarded persons.] for the person;

      (c) The facility has or can provide an appropriate program of training and treatment for the person; and

      (d) There is written evidence that no less restrictive alternative is available in the person’s community.

      2.  [A child may be voluntarily admitted upon application of one or both parents or a guardian. An adult who has been adjudged incompetent may be admitted upon application of a court-appointed guardian.

 


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ê1981 Statutes of Nevada, Page 1580 (Chapter 663, SB 260)ê

 

may be admitted upon application of a court-appointed guardian. A legally competent adult may be admitted upon his own application.

      3.  A court may order an involuntary admission for services of any person who had demonstrated behavior which indicates a clear and present danger to himself or others, or which indicates that he is so gravely disabled by mental retardation that he is unable to maintain himself in a normal life situation. The administrator shall be notified in writing at least 7 days before any hearing at which the involuntary commitment of a mentally retarded person is sought.] A mentally retarded person may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.

      3.  A court may order that a mentally retarded person be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      4.  A child may be received, cared for and examined at a division mental retardation facility for a period of not more than [90] 10 working days without [commitment,] admission, if the examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200. [, in which event] At the end of the 10-day period the administrator or his designee shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed [15] 7 days after the administrator’s report.

      5.  The parent or guardian of a person believed to be mentally retarded may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation. The administrative officer may accept the person for evaluation without admission.

      6.  If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      7.  If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the person’s best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.

      Sec. 13.  NRS 435.360 is hereby amended to read as follows:

      435.360  1.  [No mentally retarded client may be detained in a division facility after reaching the age of 18 unless:

      (a) Such client makes voluntary application for services which the division is designed and equipped to provide; or

 


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ê1981 Statutes of Nevada, Page 1581 (Chapter 663, SB 260)ê

 

      (b) The division initiates proceedings, within 3 working days, for commitment when such procedure can be shown to be in the client’s own best interest.

      2.  In no case shall the parents or relatives be] The relatives of a mentally retarded client who is 18 years of age or older are not responsible for the costs of [further] his care and treatment within a division facility. [of a mentally retarded client 18 years of age or older.

      3.  Under subsection 1, the] 2.  The client or his estate, when able, may be required to contribute a reasonable amount toward the costs of his care and treatment. Otherwise, the full costs of such services [shall] must be borne by the state.

      Sec. 14.  NRS 435.330 is hereby repealed.

 

________

 

 

CHAPTER 664, SB 296

Senate Bill No. 296–Senator Getto

CHAPTER 664

AN ACT relating to discharges of pollutants into water; adding requirements for notice to affected political subdivisions; making an appropriation; imposing a special user’s fee at Lahontan Reservoir to recover the amount appropriated; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

      Whereas, The municipal sewage treatment plants of Carson City and Reno and Sparks discharge treated effluent into the Carson and Truckee rivers respectively; and

      Whereas, These rivers receive flows from other waste waters; and

      Whereas, Their waters have from time to time experienced deterioration which has at times affected the water quality and recreational uses of Lahontan Reservoir and threatened the quality of groundwater in the basins through which they flow; and

      Whereas, The cities of Reno and Sparks are presently improving their joint facility for treatment of waste water in accordance with a schedule of compliance prescribed by the state, and are enlarging its capacity from 20 to 30 million gallons per day, with the capability of removing phosphates; and

      Whereas, It is necessary to determine the causes and extent of deterioration of water quality in the Carson and Truckee rivers and Lahontan Reservoir; and

      Whereas, The discharge of effluent into these rivers must comply with the conditions and standards of the applicable permits, and the program of testing and continuing observation provided in this act is necessary to determine these causes, ensure compliance and enforce these conditions and standards; now, therefore,

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 445.231 is hereby amended to read as follows:

      445.231  1.  Each permit issued by the department [shall apply and] must ensure compliance with the following factors whenever applicable to the discharge for which the permit is sought pursuant to the [rules,] regulations and guidelines [promulgated] adopted by the commission:

 

 


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ê1981 Statutes of Nevada, Page 1582 (Chapter 664, SB 296)ê

 

and] must ensure compliance with the following factors whenever applicable to the discharge for which the permit is sought pursuant to the [rules,] regulations and guidelines [promulgated] adopted by the commission:

      (a) Effluent limitations;

      (b) Standards of performance for new sources;

      (c) Effluent standards, effluent prohibitions and pretreatment standards; and

      (d) Any more stringent limitations, including any necessary to meet or [implement] effectuate water quality standards, treatment standards or schedules or compliance developed by the department as part of a continuing planning process or areawide waste treatment management plan under NRS 445.257, or in furthering the purposes and goals of NRS 445.131 to 445.354, inclusive.

      2.  Each permit [shall] must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants in the authorized discharge.

      3.  If an application is made to discharge from a point source into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties each with a population of 25,000 or more, the department shall give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.

      Sec. 2.  NRS 445.261 is hereby amended to read as follows:

      445.261  A person shall not begin the construction of any treatment works [unless the location therefor has been approved] without a permit issued by the department.

      Sec. 3.  NRS 445.264 is hereby amended to read as follows:

      445.264  1.  The department shall notify each interested person and appropriate governmental agency of each complete application for a permit, and shall provide [such persons and agencies] them an opportunity to submit their written views and recommendations thereon.

      2.  Notification [shall] must be in the manner provided in the [rules and regulations promulgated] regulations adopted by the commission pursuant to applicable federal law.

      3.  If the treatment works are to discharge into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties each with a population of 25,000 or more, the department shall include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.

      Sec. 4.  NRS 445.267 is hereby amended to read as follows:

      445.267  The commission shall provide by regulation:

      1.  An opportunity for each permit applicant, interested agency, city, county or irrigation district located downstream from the point of discharge, or any person to request a public hearing conducted by the director with respect to each permit application; and

 


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ê1981 Statutes of Nevada, Page 1583 (Chapter 664, SB 296)ê

 

      2.  For public notice of [such] the hearing, at least 30 days [prior to] before the date of [such] the hearing.

      Sec. 5.  The administrator of the division of state parks of the state department of conservation and natural resources shall cause to be collected from persons using the Lahontan State Recreation Area a special user’s fee of $1 per vehicle or combination of vehicles for the purpose of paying the expenses of a study of water quality at the reservoir. The special user’s fee is in addition to any other user’s fee collected at the recreation area. The proceeds from the special user’s fee must be deposited in the state general fund. The special fee must be discontinued when total collections equal the amount appropriated by section 6 of this act.

      Sec. 6.  1.  There is hereby appropriated from the state general fund to the desert research institute of the University of Nevada the sum of $167,710 for a study of the water quality at Lahontan Reservoir and continuing observation of the water quality in the Carson and Truckee rivers as they affect that reservoir.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 1982, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 665, SB 310

Senate Bill No. 310–Committee on Judiciary

CHAPTER 665

AN ACT relating to bail; revising procedures for release without bail; providing that a person who fails to appear is responsible for paying the costs of returning him to stand trial; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 171.1845 is hereby amended to read as follows:

      171.1845  1.  If a person is brought before a magistrate under the provisions of NRS 171.178 or 171.184, and it is discovered that there is a warrant for [the arrest of such person] his arrest outstanding in another county of this state, the magistrate may release [such person] him in accordance with the provisions of NRS 178.484 or section 3 of this act if:

      (a) The [arrest] warrant arises out of a public offense which constitutes a misdemeanor; and

      (b) [Such] The person provides a suitable address where the magistrate who issued the warrant in the other county can notify [such person] him of a time and place to appear. [in the other county.]

      2.  If a person is released under the provisions of this section, the magistrate who releases [such person] him shall transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502, or section 3 of this act, together with [the address of such person,] his address, to the magistrate who issued the [arrest] warrant.

 


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ê1981 Statutes of Nevada, Page 1584 (Chapter 665, SB 310)ê

 

or section 3 of this act, together with [the address of such person,] his address, to the magistrate who issued the [arrest] warrant. Upon receipt of [such] the cash, bonds, notes or agreement and [such] address, the magistrate who issued the [arrest] warrant shall notify [such] the person of a time and place to appear. [in the other county.]

      3.  [The] Any bail set under the provisions of this section [shall] must be in addition to and apart from any bail set for any public offense with which a person is charged in the county in which a magistrate is setting bail. In setting bail under the provisions of this section, a magistrate shall set the bail in an amount which is sufficient to induce a reasonable person to travel to the county in which [his arrest] the warrant for the arrest is outstanding.

      4.  If the public offense out of which the [arrest] warrant arises is punishable by imprisonment in the county jail, a person who fails to appear in the other county as ordered is guilty of a misdemeanor. A sentence of imprisonment imposed under this section [shall] must be imposed consecutively to a sentence of imprisonment for the offense out of which the [arrest] warrant arises.

      Sec. 2.  Chapter 178 is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that he will appear at all times and places ordered by the court.

      2.  In releasing a person without bail the court may impose such conditions as it deems necessary to ensure that he will appear at all times and places ordered by the court.

      3.  Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.

      4.  Before any person may be released without bail, he must file with the clerk of the court of competent jurisdiction a signed document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document;

      (c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings; and

      (d) He understands that any court of competent jurisdiction may revoke the order of release without bail and may order him into custody or require him to furnish bail or otherwise ensure his appearance.

      5.  A person who has failed to appear after being released, either on a bond or undertaking or without bail, is not eligible for a release without bail.

      6.  If a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.

      Sec. 4.  In deciding whether there is good cause to release a person without bail, the court as a minimum shall consider the following factors concerning the person:

 

 


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ê1981 Statutes of Nevada, Page 1585 (Chapter 665, SB 310)ê

 

without bail, the court as a minimum shall consider the following factors concerning the person:

      1.  The length of his residence in the community;

      2.  The status and history of his employment;

      3.  His relationships with his spouse and children, parents or other members of his family and with his close friends;

      4.  His reputation, character and mental condition;

      5.  His prior criminal record, including any record of his appearing or failing to appear after release on bail or without bail;

      6.  The identity of responsible members of the community who would vouch for the defendant’s reliability;

      7.  The nature of the offense with which he is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of his not appearing; and

      8.  Any other factors concerning his ties to the community or bearing on the risk that he may willfully fail to appear.

      Sec. 5.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  A person arrested for an offense other than a capital offense must be admitted to bail.

      2.  A person arrested for a capital offense may be admitted to bail unless the proof is evident or the presumption great that he committed the offense and that an aggravating circumstance exists, determined by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      [3.  Where a person with no prior conviction for any offense is charged with a misdemeanor he may be released without bail at the discretion of the sheriff or chief of police or his designated deputy, pursuant to guidelines established by a court of competent jurisdiction, by filing an agreement to appear at the time and place specified in the agreement.]

      Sec. 6.  NRS 178.502 is hereby amended to read as follows:

      178.502  1.  A person required or permitted to give bail shall execute a bond for his appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.498, may require one or more sureties [,] or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond. [, or may authorize the release of the defendant without security upon his written agreement to appear at a specified time and place and upon such conditions as may be prescribed to insure his appearance.]

      2.  Any bond or undertaking for bail must provide that the bond or undertaking extends, for a period of at least 1 year unless bail is exonerated earlier pursuant to the provisions of subsection 4, to any action or proceeding in a justice’s court, municipal court or district court:

      (a) Arising from the charge on which bail was first given in any of these courts; and

      (b) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar to the charge upon which bail was first given and is based upon the same act or omission as that charge.

 


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ê1981 Statutes of Nevada, Page 1586 (Chapter 665, SB 310)ê

 

This subsection does not require that any bond or undertaking extend to proceedings on appeal.

      3.  If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.

      4.  If the action or proceeding against a defendant who has been admitted to bail is dismissed, the bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that bail be exonerated before the expiration of the 30-day period. If no formal action or proceeding is instituted against a defendant who has been admitted to bail, the bail must not be exonerated until a period of 30 days has elapsed from the day the bond or undertaking is posted unless the defendant requests that bail be exonerated before the expiration of the 30-day period.

      5.  If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted, the bail must be applied to the public offense later charged, and the bond or undertaking must be transferred to the clerk of the appropriate court. Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail notice of the transfer to the surety on the bond and the bail agent who executed the bond.

      6.  Bail given originally on appeal [shall] must be deposited with the magistrate or the clerk of the court from which the appeal is taken.

 

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CHAPTER 666, SB 74

Senate Bill No. 74–Senator Jacobsen

CHAPTER 666

AN ACT relating to the state fire marshal division; amending the powers and duties of the state fire marshal; amending the composition, powers and duties of the division’s board; directing the designation of a microwave channel of communication for use by fire departments; making appropriations; and providing other matters properly relating thereto.

 

[Approved June 14, 1981]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 472.040 is hereby amended to read as follows:

      472.040  1.  The state forester firewarden shall:

      (a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.

      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform [such] any other duties [as might be] designated by the director of the state department of conservation and natural resources or by state law.

 


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ê1981 Statutes of Nevada, Page 1587 (Chapter 666, SB 74)ê

 

might be] designated by the director of the state department of conservation and natural resources or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

      (d) Designate the boundaries of each area of the state where the construction of buildings on forested lands creates such a fire hazard as to require the [imposition of roofing materials standards.] regulation of roofing materials.

      (e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.

      (f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.

      (g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firemen and award grants of money for those purposes to fire departments and educational institutions in this state.

      2.  The state forester firewarden in carrying out the provisions of this chapter may:

      (a) Appoint [such] paid foresters and firewardens [as he deems necessary] to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens have only the police powers necessary to enforce the provisions of those laws.

      (b) Appoint [, in such number and localities as he deems proper,] suitable citizen-wardens who [shall have] may exercise all of the police powers of paid firewardens. [Such citizen-wardens shall] Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden. [or his duly appointed and authorized assistants.]

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. [Such voluntary] Voluntary firewardens have all of the police powers of paid firewardens, but they [shall receive no] are not entitled to compensation for their services.

      (d) Appoint certain paid foresters or firewardens to be arson investigators, who are peace officers as provided in NRS 169.125 [. The provisions of this paragraph do not constitute such investigators as] , but not police officers or firemen for the purposes of NRS 286.510.

      (e) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

      (f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

 


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ê1981 Statutes of Nevada, Page 1588 (Chapter 666, SB 74)ê

 

and improvements necessary to fire protection and forest and watershed management.

      (g) With the approval of the director of the state department of conservation and natural resources and the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows [such] the property to be free from encumbrances, with title vested in the grantor. The title to [such] the real property must be examined and approved by the attorney general.

      (h) Expend any money appropriated by the state to the division of forestry of the state department of conservation and natural resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

      3.  The state forester firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the director of the state department of conservation and natural resources.

      Sec. 2.  NRS 477.010 is hereby amended to read as follows:

      477.010  1.  The state fire marshal division is hereby established in the department of commerce.

      2.  The division consists of the fire protection and control section, the fire investigation section, the public education section, the fire service training section and the fire data section.

      Sec. 3.  NRS 477.020 is hereby amended to read as follows:

      477.020  1.  The state [fire marshal’s advisory board, consisting of five] board of fire services, consisting of seven members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) A licensed architect;

      (b) A chief of a volunteer fire department;

      (c) A chief of a full-time, paid fire department;

      (d) A professional engineer; [and]

      (e) The state forester firewarden [,] ;

      (f) A training officer of a volunteer fire department; and

      (g) A training officer of a partially or fully paid fire department,

to the board. No member other than the state forester firewarden may serve for more than two consecutive terms.

      3.  The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.

      4.  The board shall meet at least twice each year or on the call of the chairman, the secretary or any three members.

      5.  The members of the board, except the state forester firewarden, are entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and all members are entitled to the per diem allowances and travel expenses provided by law.

      6.  The board shall make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of firefighting and fire protection. When requested to do so by the director of the department of commerce, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.

 


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ê1981 Statutes of Nevada, Page 1589 (Chapter 666, SB 74)ê

 

the department of commerce, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.

      7.  The board shall advise the state fire marshal on matters relating to the training of firemen.

      Sec. 4.  Chapter 477 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Sec. 5.  The state fire marshal shall:

      1.  Furnish and administer programs for the training of firemen;

      2.  Describe the programs which are available for training of firemen and notify fire departments of the availability of these programs;

      3.  Administer a program to certify firemen, whenever requested to do so, for successful completion of a training program;

      4.  Develop a program to train instructors; and

      5.  Assist other agencies and organizations to prepare and administer training programs.

      Sec. 6.  Chapter 233F of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The board shall designate at least one microwave channel of the state communications system for use by the fire services.

      Sec. 7.  The board of regents of the University of Nevada shall transfer to the state fire marshal division of the department of commerce all inventory and equipment of the fire service training program which was purchased with money received from the division of vocational education of the department of education.

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $25,990 for purchase of communication equipment.

      2.  There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources $33,900 for the fiscal year beginning July 1, 1981, and $33,900 for the fiscal year beginning July 1, 1982, for grants to be awarded for fire protection, fire control, and the education of firemen.

      3.  There is hereby appropriated from the state general fund to the state communications board the sum of $2,000 for the fiscal year beginning July 1, 1981, and $2,000 for the fiscal year beginning July 1, 1982, for the designation of one microwave channel of the state communications system for use by the fire services.

      4.  After June 30, 1983, the unencumbered balance of the appropriation made in subsection 1 of this section may not be encumbered and reverts to the state general fund as soon as all payments of money committed have been made. The unencumbered balances of the appropriations for the fiscal years beginning July 1, 1981, and July 1, 1982, contained in subsections 2 and 3 of this section may not be committed for expenditure after June 30, 1982, and June 30, 1983, respectively, and revert to the state general fund as soon as all payments of money committed have been made.

      Sec. 9.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

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ê1981 Statutes of Nevada, Page 1590ê

 

CHAPTER 667, SB 80

Senate Bill No. 80–Committee on Finance

CHAPTER 667