[Rev. 4/6/2015 4:31:09 PM]

Link to Page 1800

 

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ê1981 Statutes of Nevada, Page 1801 (Chapter 727, SB 699)ê

 

[as a resident agent, resident broker or solicitor,] issued pursuant to this code must, unless exempted therefrom under NRS 683A.180 [, to] or 683A.190, take and pass a written examination personally as to his competence to act as [such] an agent, broker or solicitor.

      2.  If the [applicant] person desiring to apply is a firm or corporation, the examination [shall] must be taken by each [individual who is] person desiring to be named in or registered as to the license, as provided in NRS 683A.140.

      3.  The examination [of an applicant for an agent’s or broker’s license shall] must cover all the kinds of insurance to be transacted under the license. [, which shall include any one or more of the following kinds of insurance, without subdivision:

      (a) Life insurance.

      (b) Health insurance.

      (c) Property insurance.

      (d) Casualty insurance.

      (e) Surety insurance.

      4.  As to life insurers authorized to issue variable annuities in this state, the commissioner shall require applicants appointed by such insurers as agents to solicit such contracts in this state, in addition to the examination required as to life insurance, to take and pass successfully a supplemental written examination covering variable annuities and securities.

      5.  Examination of an applicant for a solicitor’s license shall cover all kinds of insurance, other than life or health insurances, as to which the appointing agent or broker is licensed.

      6.  Written application for the examination shall be filed with the commissioner by or on behalf of the applicant not less than 7 days prior to the date fixed for the examination, as provided in NRS 683A.210, and shall be accompanied by the fee for each kind of insurance to be included in such application as specified in NRS 680.010 (fee schedule). The examination fee shall be deemed earned when paid and shall not be refundable. The fee shall be applicable to an examination given within 3 months after the date of the application for examination, but not thereafter.]

      Sec. 4.  NRS 683A.180 is hereby amended to read as follows:

      683A.180  Except as provided in subsection [4] 3 of NRS 683A.270 (continuation, expiration of license), NRS 683A.170 does not apply to and no such examination is required of:

      1.  Applicants with respect to life and health or life or health insurance who hold the designation of chartered life underwriter (C.L.U.). Applicants must show such proof of holding the designation as may be required by the commissioner.

      2.  Applicants with respect to property, casualty and surety insurance (or any combination thereof) who hold the designation of chartered property and casualty underwriter (C.P.C.U.). Applicants must show such proof of holding the designation as may be required by the commissioner.

      3.  Any applicant for a license which would cover the same kind or kinds of insurance as those for which he was licensed under a similar license in this state, other than a temporary license, within 6 months next preceding the date of application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.


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ê1981 Statutes of Nevada, Page 1802 (Chapter 727, SB 699)ê

 

license in this state, other than a temporary license, within 6 months next preceding the date of application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.

      4.  Any applicant for an agent’s license who is currently licensed as a resident broker or solicitor for the same kind or kinds of insurance, or has been so licensed within 6 months next preceding the date of the application unless the previous license was revoked, suspended or continuation thereof refused by the commissioner, and if a solicitor, has had at least 1 year of experience under his solicitor’s license satisfactory to the commissioner.

      5.  Any applicant for a broker’s license who has been licensed as a resident agent or solicitor in this state for the same kinds of insurance within 1 year preceding the date of the application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner; and if an agent has had at least 1 year, and if a solicitor has had at least 2 years, of experience under his agent’s or solicitor’s license, as the case may be, satisfactory to the commissioner.

      6.  Any applicant for a solicitor’s license who has been licensed as a resident agent, broker or solicitor in this state for the same kinds of insurance within 6 months next preceding the date of the application, unless the previous license was revoked, suspended or continuation thereof refused by the commissioner.

      7.  Applicants with respect to variable annuities who are, or within the next preceding 6 months have been licensed or registered as securities broker-dealers under laws administered by the Securities and Exchange Commission or any successor agency of the Federal Government.

      8.  Persons representing public carriers under limited licenses issued under NRS 683A.260. [(limited licenses.)]

      9.  Title insurance agents.

      Sec. 5.  NRS 683A.190 is hereby amended to read as follows:

      683A.190  1.  [After completion and filing of an application with the commissioner as required by NRS 683A.150, the commissioner shall subject each applicant for a license as nonresident agent or nonresident broker personally to a written examination as to his competence to act as such agent or broker. Subsections 2 (firms and corporations), 3 (kinds of insurance), 4 (variable annuities and securities) and 6 (examination application and fee) of NRS 683A.170 are also applicable to such nonresidents.] The commissioner may contract with a testing service to conduct any examination required by NRS 683A.170.

      2.  The commissioner may [, in his discretion,] enter into a reciprocal arrangement with the public officer having supervision of the business of insurance in another state or in a province of Canada to accept, in lieu of the examination [of the applicant as] required in subsection 1 [,] of NRS 683A.170, the certificate of [such] the officer to the effect that the applicant is licensed as an insurance agent or broker, as the case may be, in [such] that state or province and has complied with its qualifications and standards concerning:

      (a) Experience or training;

      (b) Reasonable familiarity with the broad principles of insurance licensing and regulatory laws and with the terms and conditions of insurance contracts of the kinds of insurance which the applicant proposes to transact in this state; and

 


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ê1981 Statutes of Nevada, Page 1803 (Chapter 727, SB 699)ê

 

licensing and regulatory laws and with the terms and conditions of insurance contracts of the kinds of insurance which the applicant proposes to transact in this state; and

      (c) A reasonably good general understanding of the obligations and duties of [such] an insurance broker or agent.

      Sec. 6.  NRS 683A.230 is hereby amended to read as follows:

      683A.230  1.  The license [shall] must state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, the kind or kinds of insurance, if applicable, covered by the license, and such other information and conditions as the commissioner may deem proper and consistent with law.

      2.  The license of an agent or managing general agent [shall] must not specify the name of any particular insurer or underwriter’s department by which the licensee is appointed, except as provided in subsection [5] 4 as to limited licenses, and the licensee may [, subject to NRS 683A.250 (life or health agents),] represent as [such] an agent or managing general agent, under the one license, as many insurers or underwriter’s departments as may appoint him therefor in accordance with this chapter.

      3.  The license of a solicitor [shall] must show also the name and address of the [employer] agent or broker [.] who employs him.

      4.  Each limited license issued under NRS 683A.260 [shall] must show also the name of the insurer so represented, and a separate license [shall be] is required [as to] for each [such] represented insurer.

      Sec. 7.  NRS 683A.270 is hereby amended to read as follows:

      683A.270  1.  Each [broker’s, solicitor’s, nonresident broker’s, surplus lines broker’s and managing general agent’s] license issued under this code [shall continue] continues in force until it expires or is suspended, revoked or otherwise terminated, [but] subject to payment of the applicable fee for renewal and a fee of $15 for the recovery fund to the commissioner at his office in Carson City, Nevada, [annually on or before April 30 of the applicable continuation fee stated in NRS 680B.010 (fee schedule) and a recovery fund fee of $15,] on or before the last day of the month in which the license is renewable. The fees must be accompanied by a written request for [continuation. A] renewal of the license. The request [for continuation shall] must be made [as follows:] and signed:

      (a) [For brokers’,] By the licensee in the case of a broker’s, nonresident [brokers’,] broker’s, surplus lines [brokers’ and] broker’s, agent’s or managing general [agents’ licenses, the request shall be made and signed by the licensee.] agent’s license.

      (b) [For solicitors’ licenses, the request shall be made and signed by the employer] By the employing agent or broker [.] in the case of a solicitor’s license.

      2.  Any license referred to in subsection 1 not continued on or before [April 30] the last day specified for its renewal shall be deemed to have expired at midnight on [April 30; but the] that day. The commissioner may [effectuate] accept a request for [continuation] renewal received by him within 30 days thereafter if it is accompanied by [an annual continuation] a renewal fee of 150 percent of the fee otherwise required and the recovery fund fee of $15.


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ê1981 Statutes of Nevada, Page 1804 (Chapter 727, SB 699)ê

 

      3.  [An agent’s or nonresident agent’s license shall continue in force while there is in effect, as to the licensee, as shown by the commissioner’s records, an appointment or appointments as agent of authorized insurers covering collectively all the kinds of insurance included in the agent’s license. Upon termination of all the licensee’s agency appointments as to a particular kind of insurance and failure to replace such appointment within 60 days thereafter, the license shall thereupon expire and terminate as to that kind of insurance; and the licensee shall promptly deliver his license to the commissioner for reissuance, without fee or charge, as to the kinds of insurance covered by the licensee’s remaining agency appointments. Upon termination of all the licensee’s agency appointments under the license, it shall terminate.

      4.]  If the commissioner has reason to believe that any [licensee] licensed agent, broker or solicitor has for any cause raised a reasonable question as to the competence of the licensee or of any [individual] natural person designated to exercise the license powers of a firm or corporate licensee, the commissioner may require, as a condition to continuation of the license, that the licensee or [individual] natural person take and pass to the commissioner’s satisfaction a written examination as is required under this chapter of [new applicants] natural persons who intend to apply for a similar license.

      [5.]  4.  The commissioner may by regulation require the successful completion of a reasonable number of appropriate courses of study as a condition to continuation of any license to which this section applies.

      [6.]  5.  The license of a managing general agent [as to] for a particular insurer or underwriter’s department [shall] must be terminated by the commissioner upon written request by [any of such persons.] that insurer or department.

      [7.]  6.  This section does not apply to temporary licenses issued under NRS 683A.300.

      Sec. 8.  NRS 683A.280 is hereby amended to read as follows:

      683A.280  1.  Each insurer appointing an agent, resident or nonresident, in this state shall file with the commissioner a written appointment specifying the kinds of insurance to be transacted by the agent for the insurer, and pay the appointment fee, or license fee in the case of limited licenses, as specified in NRS 680B.010 (fee schedule).

      2.  [Subject to annual continuation by the insurer as provided in subsection 3, each] Each appointment [shall remain] remains in effect until the agent’s license is revoked or otherwise terminated, or there is an earlier termination of the appointment.

      [3.  As soon as reasonably possible after commencement of each calendar year the commissioner shall furnish to each authorized insurer an alphabetical list of the names of all agents of the insurer in this state then of record in the division. The insurer shall indicate on such list those agents whose appointments or limited licenses are not to be continued in effect or whose appointments are to be modified as to the kinds of insurance covered, and on or before April 30 of the same year return the list to the commissioner together with payment of the annual continuation of appointment fee, or license fee in the case of limited licenses, in amounts as specified in NRS 680B.010 (fee schedule) as to those appointments or limited licenses not being terminated.


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ê1981 Statutes of Nevada, Page 1805 (Chapter 727, SB 699)ê

 

licenses, in amounts as specified in NRS 680B.010 (fee schedule) as to those appointments or limited licenses not being terminated. Any appointment or license not so continued and not otherwise expressly terminated shall be deemed to have expired at midnight on April 30.]

      Sec. 9.  NRS 683A.290 is hereby amended to read as follows:

      683A.290  1.  Subject to [the] an agent’s contract rights, if any, an insurer may terminate [an agency] the agent’s appointment, resident or nonresident, at any time. The insurer shall promptly give written notice of termination and the effective date thereof to the commissioner, on forms furnished by the commissioner, and to the agent if reasonably possible. [The list of appointments not being continued referred to in NRS 683A.280 shall constitute such notice to the commissioner as to terminations so listed.] The commissioner may require of the insurer reasonable proof that the insurer has also given such a notice to the agent if reasonably possible.

      2.  Accompanying the notice of termination given the commissioner, the insurer shall, upon written request of the commissioner, file with him a statement of the cause, if any, for each termination. Any information or document so disclosed or furnished to the commissioner shall be deemed a qualifiedly privileged communication and [shall not be] is not admissible as evidence in any action or proceeding unless so permitted by the insurer in writing.

      3.  An agent or broker terminating the employment and license [as such] of a solicitor shall give like notice of [such] termination and proof to the commissioner, like information as to the reasons for [such] termination, with like status as a privileged communication unless [such] the privilege is waived in writing by the agent or broker.

      4.  No agreement between [the] an insurer and agent, or between [employer] an employing agent or broker and a licensed solicitor, [shall affect] affects the commissioner’s termination of the appointment or license if so requested by the insurer [,] or by the [employer] agent or broker, as the case may be.

      Sec. 10.  NRS 684A.100 is hereby amended to read as follows:

      684A.100  [1.]  Each [applicant] person who intends to apply for a license as an adjuster [shall, prior to issuance of] must, before applying for the license, personally take and pass to the commissioner’s satisfaction [an] a written examination [in writing] testing the applicant’s qualifications and competence to act as an adjuster and his knowledge of pertinent provisions of this code. [This subsection shall not apply to any person holding a valid and effective Nevada license as an adjuster immediately prior to January 1, 1972.

      2.  The commissioner shall give examinations at such times and places within the state as he deems reasonably necessary; but the commissioner shall give any examination at least every 6 months if an application for a license is then pending.

      3.  The examination shall be taken by the applicant under the commissioner’s supervision.

      4.  If the applicant fails to pass the examination, the commissioner shall require a waiting period of at least 1 month before permitting the applicant to take a second examination; and if the applicant fails to pass the second examination, the commissioner shall require a waiting period of at least 6 months before and between any subsequent examinations of the same applicant.


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ê1981 Statutes of Nevada, Page 1806 (Chapter 727, SB 699)ê

 

the second examination, the commissioner shall require a waiting period of at least 6 months before and between any subsequent examinations of the same applicant.

      5.  The applicant shall file a written application with the commissioner for the examination at least 7 days before the examination date, accompanied by the applicable examination application fee specified in NRS 680B.010 (fee schedule). The fee shall be deemed earned when paid, and shall not be refundable.]

      Sec. 11.  NRS 684A.130 is hereby amended to read as follows:

      684A.130  1.  Each [adjuster’s] license issued under this chapter [shall continue] continues in force until [expired,] it expires or is suspended, revoked or otherwise terminated, [but] subject to payment of the applicable fee for renewal to the commissioner at his office in Carson City, Nevada. [, annually on or before June 30 of the applicable continuation fee specified in NRS 680B.010 (fee schedule), accompanied by the written request of the licensee for such continuation.] The fee must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so [continued] renewed shall be deemed to have expired at midnight on [June 30; but the] the last day specified for its renewal. The commissioner may [effectuate] accept a request for [continuation] renewal received by him within 30 days after [June 30] the expiration of the license if the request is accompanied by [an annual continuation] a renewal fee of 150 percent of the fee otherwise required.

      3.  This section does not apply to temporary licenses issued under NRS 684A.150.

      Sec. 12.  NRS 684A.140 is hereby amended to read as follows:

      684A.140  1.  Concurrently with an application for a license or for [continuation] renewal of a license as an adjuster, the [licensee shall register in writing with the commissioner the name and address of] applicant or licensee must provide an appointment for each associate adjuster employed by him or to be employed by him contingent upon issuance of the license. [, and shall furnish the commissioner such additional information concerning such employee and the past and proposed activities thereof as the commissioner may reasonably require.] Each person who desires to become licensed as an associate adjuster must submit an application to the commissioner for such a license.

      2.  Upon payment of the appropriate fee, [therefor as specified in NRS 680B.010 (fee schedule),] the commissioner shall issue and deliver to [the licensee] a licensed adjuster a license [as to] for each associate authorized by the state to act in behalf of the licensee.

      3.  The license of an associate adjuster [shall be subject to continuance] may be renewed upon payment of the [fee therefor specified in NRS 680B.010 (fee schedule), and shall expire and terminate] applicable fee. His license expires at the same time as the license of the [employer] employing adjuster; but [such a license shall be terminated by] the commissioner shall promptly terminate an associate adjuster’s license upon written request therefor by the [employer] employing adjuster.

      4.  No person [shall] may be, act as, or hold himself out in this state to be an associate adjuster unless [such a license has been issued as to such person by the commissioner and is then in force.]


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ê1981 Statutes of Nevada, Page 1807 (Chapter 727, SB 699)ê

 

state to be an associate adjuster unless [such a license has been issued as to such person by the commissioner and is then in force.] he holds a current license as such issued to him by the commissioner. A violation of this provision is a gross misdemeanor.

      Sec. 13.  NRS 684B.080 is hereby amended to read as follows:

      684B.080  1.  Each [motor vehicle physical damage appraiser’s] license issued under this chapter [shall continue] continues in force until [expired,] it expires or is suspended, revoked or otherwise terminated, [but] subject to payment of the applicable fees for renewal to the commissioner at his office in Carson City, Nevada. [, annually on or before June 30 of the applicable continuation fee specified in NRS 680B.010 (fee schedule), accompanied by the written request of the licensee for such continuation.] The fee must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so [continued] renewed shall be deemed to have expired at midnight on [June 30; but the] the last day specified for its renewal. The commissioner may [effectuate] accept a request for [continuation] renewal received by him within 30 days after [June 30] the expiration of the license if the request is accompanied by [an annual continuation] a renewal fee of 150 percent of the fee otherwise required.

      Sec. 14.  NRS 689.235 is hereby amended to read as follows:

      689.235  1.  To qualify for an agent’s license, the applicant [shall:] must:

      (a) Execute and file a written application with the administrator on forms furnished by the administrator;

      (b) Be of good business and personal reputation; and

      (c) Pass a written examination prepared by the state board of funeral directors and embalmers and administered by the commissioner [.] or by a testing service with which the commissioner has entered into a contract.

      2.  The application [shall:] must:

      (a) Contain information concerning the applicant’s identity, address and personal background and business, professional or work history.

      (b) Contain such other pertinent information as the administrator may require.

      (c) Be accompanied by [a filing and license fee of $10, which is not refundable.] the applicable fee.

      Sec. 15.  NRS 689.255 is hereby amended to read as follows:

      689.255  1.  Each [agent’s] license issued pursuant to this chapter [shall expire at midnight on April 30 next following its date of issuance.] expires at midnight on the last day of the month specified for its renewal.

      2.  An agent’s license may be renewed, unless it has been suspended or revoked, at the request of the holder of a valid certificate of authority, upon filing a written request for renewal accompanied by [a $5] the required renewal fee, which is nonrefundable.

      3.  An agent’s license is valid only while the agent is employed by a holder of a valid certificate of authority.

      Sec. 16.  NRS 695A.290 is hereby amended to read as follows:

      695A.290  1.  [Societies which are authorized on January 1, 1972, to transact business in this state may continue such business until May 1, 1972.


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ê1981 Statutes of Nevada, Page 1808 (Chapter 727, SB 699)ê

 

1972. The authority of such societies and all societies licensed after January 1, 1972, may thereafter be renewed annually, but in all cases shall terminate on the 1st day of the succeeding May; but a license so issued shall continue in full force and effect until the new license is issued or specifically refused.

      2.]  For each [such license] certificate or renewal of a certificate the society [shall] must pay to the commissioner a fee of $10.

      2.  A certified copy or duplicate of [such license shall be] a certificate is prima facie evidence that the [licensee] society is a fraternal benefit society within the meaning of this chapter.

      Sec. 17.  NRS 695A.360 is hereby amended to read as follows:

      695A.360  1.  The commissioner may issue a license to any natural person who has paid [an annual license fee of $5] the applicable license fee or renewal and who has complied with the requirements of this chapter authorizing [the] a licensee to act as an insurance agent on behalf of any society named in the license [, which] if the society is authorized to do business in this state.

      2.  Before any insurance agent’s license [shall be] is issued, there [shall] must be on file in the office of the commissioner the following documents:

      (a) A written application by the prospective licensee in such form or forms and supplements thereto [,] and containing such information [,] as the commissioner may prescribe.

      (b) A certificate by the society which is to be named in the license, stating that the society has satisfied itself that the named applicant is trustworthy and competent to act as an insurance agent and that the society will appoint the applicant to act as its agent if the license applied for is issued by the commissioner. Certificates [shall] must be executed and acknowledged by an officer or managing agent of the society.

      3.  Except as provided in subsection 4, [an applicant] a natural person who intends to apply for an insurance agent’s license [shall] must take the same examination as is required for health and life insurance agents pursuant to NRS 683A.170.

      4.  No written or other examination [shall be] is required of:

      (a) A person who held a license as an insurance agent on July 1, 1977, for renewals of his license; and

      (b) An insurance agent of a society who, in any calendar year, solicits and procures insurance contracts on behalf of any society which total less than $250,000 insurance in force, or writes contracts on not more than 25 persons at no more than $10,000 per contract.

      5.  An insurance agent who is exempt from examination under paragraph (b) of subsection 4 and who exceeds a limit set in that paragraph shall [make application to the commissioner within] apply within 90 days for the required examination, and the society shall terminate the appointment of the insurance agent within 90 days and until a new insurance agent’s license has been issued after examination.

      6.  Each license issued pursuant to this section expires at midnight on the last day of the month specified for its renewal.

      Sec. 18.  NRS 695A.370 is hereby amended to read as follows:

      695A.370  1.  The commissioner may refuse to issue or renew any insurance agent’s license if in [his] the commissioner’s judgment the proposed licensee is not trustworthy and competent to act as an agent, has given cause for revocation or suspension of the license, or has failed to comply with any prerequisite for the issuance or renewal, as the case may be, of a license.


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ê1981 Statutes of Nevada, Page 1809 (Chapter 727, SB 699)ê

 

insurance agent’s license if in [his] the commissioner’s judgment the proposed licensee is not trustworthy and competent to act as an agent, has given cause for revocation or suspension of the license, or has failed to comply with any prerequisite for the issuance or renewal, as the case may be, of a license.

      2.  [Every license issued pursuant to NRS 695A.330 to 695A.390, inclusive, and every renewal thereof, shall expire on April 30 of the calendar year following the calendar year in which it was issued.

      3.]  If [the] an application for [a] renewal of a license has been filed with the commissioner on or before [April 30 of the year in which the existing license is to expire,] the day on which it is to expire, the applicant named in the [existing] license may continue to act as insurance agent under the [existing] license, unless [the license] it is revoked or suspended, until the issuance by the commissioner of the renewal license or until the expiration of 5 days after he has refused to renew the license and has served written notice of refusal on the applicant. If the applicant, within 30 days after such a notice is given, notifies the commissioner in writing of his request for a hearing on the refusal, the commissioner shall, within a reasonable time after receipt of the notice, grant a hearing, and he may, in his discretion, reinstate the license.

      [4.]  3.  Any renewal license of an insurance agent may be issued upon the application of the society named in the existing license. [Such application shall] The application must be in the form [or forms] prescribed by the commissioner and [shall] contain such information as he may require. The application [shall] must contain a certificate executed by the president, or by a vice president, a secretary, an assistant secretary, or corresponding officer by whatever name known, or by an employee expressly designated and authorized to execute the certificate of a domestic or foreign society or by the United States manager of an alien society, stating that the addresses therein given of the agents of the society for whom renewal licenses are requested therein have been verified in each instance immediately preceding the preparation of the application. [Notwithstanding the filing of such application, the] The commissioner may, after reasonable notice to any society, require that any or all agents of that society, to be named as licensees in renewal licenses, execute and file separate applications for the renewal of licenses, and he may also require that each application be accompanied by the certificate specified in paragraph (b) of subsection 2 of NRS 695A.360.

      Sec. 19.  NRS 697.180 is hereby amended to read as follows:

      697.180  1.  Written application for a bail agent’s, general agent’s, property bondsman’s or bail solicitor’s license [shall] must be filed with the commissioner by the applicant, accompanied by the [appropriate] applicable fees. [specified in NRS 697.140.] The application form [shall] must be accompanied by the applicant’s fingerprints, and [shall] must require full answers to questions reasonably necessary to determine the applicant’s:

      (a) Identity and residence.

      (b) Business record or occupations for not less than the 2 years next preceding, with the name and address of each employer, if any.


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ê1981 Statutes of Nevada, Page 1810 (Chapter 727, SB 699)ê

 

      (c) Experience or instruction in the bail bond business and relative to the laws of this state governing bail.

      2.  The commissioner may reasonably require other facts to determine the applicant’s qualifications for the license applied for.

      3.  If for a bail agent’s license, the application [shall] must be accompanied by a written appointment by an authorized insurer as agent for bail bonds, subject to issuance of the license.

      4.  If for a general agent’s license, the application [shall] must be accompanied by a written appointment by an authorized insurer as general agent, subject to issuance of the license.

      5.  If for a bail solicitor’s license, the application [shall] must be accompanied by [a written requisition and certification] an appointment by a licensed bail agent [that the applicant is his bona fide employee] and a statement by the agent that he will exercise reasonable supervision over the conduct of the applicant and be responsible for the applicant’s conduct in the bail bond business.

      6.  If the applicant for a general agent’s license is a firm or corporation, the application [shall] must also [show the names of] name all members, officers and directors, and [shall] designate each [individual] natural person who is to exercise the license powers. [; and each such individual shall] Each person so designated must furnish information [as to] about himself as though for an individual license.

      7.  The applicant must verify his application. [shall be verified by the applicant, and no] An applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or in connection therewith.

      Sec. 20.  NRS 697.200 is hereby amended to read as follows:

      697.200  1.  [After completion and filing of the application with the commissioner as required in NRS 697.180, the commissioner shall subject each applicant] Any natural person who intends to apply for a license as a bail bondsman or bail solicitor [to] must personally take and pass a written examination [personally as to] of his competence to act as [such] a bail bondsman or bail solicitor. After passing the examination, the person may apply to the commissioner for such a license.

      2.  The scope of the examination [shall] must be as broad as the bail bond business.

      [3.  Written application shall be filed with the commissioner by or on behalf of the applicant not less than 7 days prior to the date fixed for the examination, as provided in NRS 683A.210 (conduct of examinations) and shall be accompanied by the examination fee as specified in NRS 697.140 (fee schedule). The fee shall be deemed earned when paid and shall not be refundable. The fee shall be applicable to an examination given within 3 months after the date of the application for examination but not thereafter.]

      Sec. 21.  NRS 697.230 is hereby amended to read as follows:

      697.230  1.  Each general agent’s bail bondsman’s and bail solicitor’s license issued under this chapter [shall continue] continues in force until it expires or is suspended, revoked or otherwise terminated, [but] subject to payment of the applicable fee for renewal to the commissioner at his office in Carson City, Nevada, [annually on or before April 30 of the applicable continuation fee stated in NRS 697.140 (fee schedule),] on or before the last day of the month in which the license is renewable.


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ê1981 Statutes of Nevada, Page 1811 (Chapter 727, SB 699)ê

 

his office in Carson City, Nevada, [annually on or before April 30 of the applicable continuation fee stated in NRS 697.140 (fee schedule),] on or before the last day of the month in which the license is renewable. The fee must be accompanied by a written request for [such continuation. A] renewal of the license. The request [for continuation shall] must be made [as follows:] and signed:

      (a) [For] By the licensee in the case of a general agent’s [and] or property bondsman’s [licenses, the request shall be made and signed by the licensee.] license.

      (b) [For bail solicitors’ licenses, the request shall be made and signed by the employer] By the bail bondsman [.] who employs the solicitor in the case of a bail solicitor’s license.

      2.  Any license referred to in subsection 1 and not so [continued] renewed on or before [April 30] the last day specified for its renewal shall be deemed to have expired at [12 p.m. on April 30; but the] midnight on that day. The commissioner may [effectuate] accept a request for [continuation] renewal received by him within 30 days thereafter, if accompanied by [an annual continuation] a renewal fee of 150 percent of the fee otherwise required.

      3.  A bail agent’s license [shall continue] continues in force while there is in effect [, as to the licensee, as shown by the commissioner’s records,] an appointment [or appointments as] of him as a bail agent of one or more authorized insurers. Upon termination [of the licensee’s] all the bail agent’s [appointment] appointments and his failure to replace [such] any appointment within 60 days thereafter, [the] his license [shall thereon expire and terminate;] expires and [the licensee] he shall promptly deliver his license to the commissioner.

      4.  The commissioner shall terminate the license of a general agent [as to] for a particular insurer [shall be terminated by the commissioner] upon a written request by [any of such persons.] the insurer.

      5.  Any property bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerk of the district court and the sheriff with whom he has registered and return his license to the commissioner for cancellation within 30 days [from such] after the discontinuance.

      6.  This section does not apply to temporary licenses issued under NRS 683A.300.

      Sec. 22.  NRS 697.240 is hereby amended to read as follows:

      697.240  1.  Each insurer appointing a bail agent shall file with the commissioner a written appointment and pay the applicable fee for the appointment. [fee as specified in NRS 697.140 (fee schedule).]

      2.  [Subject to annual continuation by the insurer as provided in subsection 3, each] Each appointment remains in effect until the bail agent’s license is revoked or otherwise terminated, or there is an earlier termination of the appointment.

      3.  [As soon as reasonably possible after commencement of each calendar year, the commissioner shall furnish to each authorized insurer an alphabetical list of the names of all bail agents of the insurer in this state then of record in the division. The insurer shall indicate on such list those bail agents whose appointments are not to be continued in effect, and on or before April 30 of the same year return the list to the commissioner, together with the payment of the annual continuation of appointment fee in amounts as specified in NRS 697.140 (fee schedule) as to those appointments not being terminated.


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ê1981 Statutes of Nevada, Page 1812 (Chapter 727, SB 699)ê

 

those bail agents whose appointments are not to be continued in effect, and on or before April 30 of the same year return the list to the commissioner, together with the payment of the annual continuation of appointment fee in amounts as specified in NRS 697.140 (fee schedule) as to those appointments not being terminated. Any appointment not so continued and not otherwise expressly terminated shall be deemed to have expired on April 30.

      4.]  No insurer may appoint a bail agent whose contingent liability exceeds an amount equal to 10 times his reserve account unless the appointment is first approved by the commissioner.

      Sec. 23.  NRS 697.250 is hereby amended to read as follows:

      697.250  1.  An insurer may terminate an appointment at any time. The insurer shall promptly give written notice of termination and the effective date thereof to the commissioner, on forms furnished by the commissioner, and to the bail agent if reasonably possible. [The list of appointments not being continued referred to in NRS 697.240 shall constitute such notice to the commissioner as to termination so listed.] The commissioner may require of the insurer reasonable proof that the insurer has also given such a notice to the agent if reasonably possible.

      2.  Accompanying [the] each notice of termination given to the commissioner, the insurer shall file with him a statement of the cause, if any, for [each] the termination. Any information or documents so disclosed to the commissioner shall be deemed an absolutely privileged communication, and [shall not be] the information or documents are not admissible as evidence in any action or proceedings unless [so] their use as evidence is permitted by the insurer in writing.

      3.  A bail bondsman terminating the appointment and license as such of a bail solicitor shall give like notice of [such] termination, with like status as a privileged communication, unless [such] the privilege is waived in writing by the bail agent.

      4.  No agreement between [the] an insurer and [the] a bail agent [,] or between [employer] an employing bail bondsman and a licensed bail solicitor [, shall affect] affects the commissioner’s termination of the appointment or license if [so] the termination is requested by the insurer [, or by the employer] or the employing bail agent, as the case may be.

      Sec. 24.  NRS 683A.210, 683A.250, 683B.010 to 683B.080, inclusive, and 697.140 are hereby repealed.

      Sec. 25.  Sections 4 and 24 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________


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ê1981 Statutes of Nevada, Page 1813ê

 

CHAPTER 728, SB 702

Senate Bill No. 702–Committee on Human Resources and Facilities

CHAPTER 728

AN ACT relating to boards of school trustees; requiring each board to fix the terms of its officers; 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 386.310 is hereby amended to read as follows:

      386.310  1.  [On the date fixed by its rules for the first meeting in January following a general election, the] The board of trustees shall meet and organize by:

      (a) Electing one of its members as president.

      (b) Electing one of its members as clerk, or by selecting some other qualified person as clerk.

      (c) Electing additional officers as may be deemed necessary.

      (d) Fixing the term of office for each of its officers.

      2.  A record of the organization of the board of trustees must be entered in the minutes, together with the amount of salary to be paid to the clerk.

      3.  Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the department of the county auditor of the county whose boundaries are conterminous with the boundaries of the county school district.

 

__________

 

 

CHAPTER 729, SB 704

Senate Bill No. 704–Senator Neal (by request)

CHAPTER 729

AN ACT relating to credit unions; making various changes in the law relating thereto; 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 678.390 is hereby amended to read as follows:

      678.390  1.  The board may appoint an audit committee to make [a semiannual] an annual audit of the financial records of the credit union and any interim audits as may be deemed necessary by the board or as may be directed by the commissioner. A copy of the report [shall] must be submitted to the board and the commissioner and a summary presented to the members at the next annual meeting.

      2.  The audit committee may by unanimous vote suspend any director, officer or member of the credit union following an audit, for any violation of this chapter, the charter or bylaws or for any other practice which the audit committee deems to be unsafe or unauthorized. In such cases, the audit committee shall call a special meeting of the members not less than 7 nor more than 21 days following the suspension and [such suspension shall] the suspension must be ratified or overturned by the members.


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

ê1981 Statutes of Nevada, Page 1814 (Chapter 729, SB 704)ê

 

cases, the audit committee shall call a special meeting of the members not less than 7 nor more than 21 days following the suspension and [such suspension shall] the suspension must be ratified or overturned by the members.

      3.  Any member of the audit committee may be suspended by the board for the same reasons and in the same manner as in subsection 2.

      4.  The audit committee may by a majority vote call a special meeting of the members to consider any violation of this chapter, the charter or bylaws or any practice of the credit union deemed by the audit committee to be unsafe or unauthorized.

      5.  In lieu of having an audit committee the board of directors may employ the services of a public accountant or credit union auditing service to complete the necessary audit of the [credit union records.] records of the credit union.

      Sec. 2.  NRS 678.690 is hereby amended to read as follows:

      678.690  For the purpose of establishing the reserves required by NRS 678.670 and 678.680, all assets except the following are considered risk assets:

      1.  Cash on hand;

      2.  Deposits or shares in federal or state banks, savings and loan associations and credit unions;

      3.  Assets which are insured by, fully guaranteed as to principal and interest by, or due from the U.S. Government, its agencies, the Federal National Mortgage Association or the Government National Mortgage Association;

      4.  Loans to other credit unions;

      5.  Loans to members of the credit union which are fully secured by the shares of the member applying therefor;

      6.  Loans to students insured under the provisions of the Higher Education Act of 1965 (20 U.S.C. § 1071 et seq.) or similar state insurance programs;

      [6.]  7.  Loans insured under the National Housing Act, as amended (12 U.S.C. § 1703) by the Federal Housing Administration;

      [7.]  8.  Shares or deposits in central credit unions organized under the provisions of NRS 678.850, or of any other state law or the Federal Credit Union Act of 1934, as amended (12 U.S.C. § 1751 et seq.);

      [8.]  9.  Common trust investments which deal in investments authorized by this chapter;

      [9.]  10.  Prepaid expenses;

      [10.]  11.  Accrued interest on nonrisk investments;

      [11.]  12.  Furniture and equipment; and

      [12.]  13.  Land and buildings.

      Sec. 3.  NRS 678.750 is hereby amended to read as follows:

      678.750  1.  A credit union may purchase insurance on the lives of its members in an amount equal to their respective shares, deposits and loan balances or any of them.

      2.  A credit union may enter into cooperative marketing arrangements for its members covering such services as group live insurance, temporary disability coverage, health and accident plans and such other programs which are demonstrated to be in the interest of improving the economic and social conditions of the credit union’s members.


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

ê1981 Statutes of Nevada, Page 1815 (Chapter 729, SB 704)ê

 

      3.  A credit union must apply to the commissioner for [insurance of member] approval of a plan of insurance for members’ accounts, either pursuant to the Federal Credit Union Act of 1934, as amended, (12 U.S.C. § 1781 et seq.), or under a contract or policy of insurance issued by an insurer holding a certificates of authority to transact insurance in this state, and take all actions necessary to maintain an insured status thereunder.

      4.  The commissioner shall make available reports of the financial condition [and audit reports to the administrator of the National Credit Union Administration and may accept any report of examination made on behalf of such administrator.] of credit unions, reports of examinations made pursuant to NRS 678.790 and any other reports that may be required by the insurer and deemed appropriate by the commissioner. If a credit union is closed because of bankruptcy or insolvency, the commissioner may appoint [the administrator of the National Credit Union Administration as the] a liquidating agent.

      Sec. 4.  NRS 678.760 is hereby amended to read as follows:

      678.760  Funds not used in loans to members may be invested in:

      1.  Securities, obligations, participations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in [the same;] these instruments;

      2.  Obligations of this state or any political subdivision thereof;

      3.  Certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank or saving and loan association;

      4.  Loans to or shares or deposits of other credit unions as permitted by the bylaws;

      5.  Capital shares, obligations or preferred stock issues of any agency or association organized either as a stock company, mutual association or membership corporation if the membership or stockholdings, as the case may be, of [such] the agency or association are confined or restricted to credit unions or organizations of credit unions, and the purposes for which [such] the agency or association is organized are designed to service or otherwise assist credit union operations;

      6.  Shares of a cooperative society organized under the laws of this state or the United States in a total amount not exceeding 10 percent of the shares, deposits and surplus of the credit union;

      7.  Stocks and bonds of United States corporations to a maximum of 5 percent of members’ shares, except that such an investment [shall] must be limited to [income] stocks or bonds yielding income which [appear on a list] are approved by the commissioner; [published quarterly (or annually), such list to include no fewer than 30 corporations;] and

      8.  Loans to any credit union association, national or state, of which the credit union is a member, except that such an investment [shall] must be limited to 1 percent of the shares, capital deposits and unimpaired surplus of the credit union.

 

__________


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ê1981 Statutes of Nevada, Page 1816ê

 

CHAPTER 730, SB 707

Senate Bill No. 707–Committee on Government Affairs

CHAPTER 730

AN ACT relating to education; revising the districts from which members of the board of regents and the state board of education are elected; 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 385 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 NRS 385.021, 385.022 and sections 2 to 12, inclusive, of this act, unless the context otherwise requires:

      1.  “Assembly district” means one of the districts established by chapter 218 of NRS.

      2.  “Block” means the smallest geographical unit whose population was ascertained by the Bureau of the Census of the United States Department of Commerce in the taking of the national decennial census and shown on its maps.

      3.  “Block group” means a combination of blocks in a series, whose numbers begin with the same digit.

      4.  “Census tract” means a combination of block groups or enumeration districts or both.

      Sec. 3.  1.  If any area of this state is omitted from the provisions of NRS 385.021, 385.022, and sections 2 to 12, inclusive, of this act, the county clerk or the Carson City clerk, upon discovery of the omission, shall attach that area to the appropriate subdistrict as follows:

      (a) If the area is surrounded by a subdistrict, it must be attached to that subdistrict.

      (b) If the area is contiguous to two or more subdistricts, it must be attached to the subdistrict that has the least population.

      2.  Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the secretary of state. No change may be made in any attachments until the subdistricts are again reapportioned.

      Sec. 4.  Subdistrict A of district 1 consists of assembly districts 23 and 25 to 28, inclusive.

      Sec. 5.  Subdistrict B of district 1 consists of assembly districts 24 and 29 to 32, inclusive.

      Sec. 6.  Subdistrict A of district 2 consists of:

      1.  Assembly districts 6, 7, 17 and 19.

      2.  In Clark County census tract 6:

      (a) Block group 2.

      (b) Blocks 106 to 108, inclusive, 110 to 115, inclusive, 117 and 118.

      3.  In Clark County census tract 47.01:

      (a) Block groups 1 and 9.

      (b) Blocks 401 to 409, inclusive, 501 to 504, inclusive, and 515 to 520, inclusive.


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

ê1981 Statutes of Nevada, Page 1817 (Chapter 730, SB 707)ê

 

      4.  In Clark County census tract 48.02:

      (a) Block groups 1 and 2.

      (b) Blocks 301 to 314, inclusive, 325 to 330, inclusive, 337 and 338.

      5.  In Clark County census tract 49, blocks 102, 103, 105 to 107, inclusive, 116 to 118, inclusive, 177 to 180, inclusive, 182 to 185, inclusive, 188, 501 to 503, inclusive, and 506.

      6.  In Clark County census tract 56, blocks 905 and 910.

      Sec. 7.  Subdistrict B of district 2 consists of:

      1.  Assembly districts 1 to 4, inclusive.

      2.  In Clark County census tract 10.01:

      (a) Block group 2.

      (b) Blocks 108 to 122, inclusive, and 124.

      3.  In Clark County census tract 10.02, blocks 101 to 117, inclusive.

      4.  In Clark County census tract 22.02:

      (a) Block group 2.

      (b) Blocks 301, 304 to 306, inclusive, 313 to 323, inclusive, and 330 to 333, inclusive.

      5.  In Clark County census tract 29.01, blocks 105 to 108, inclusive, and 411 to 438, inclusive.

      6.  In Clark County census tract 29.02:

      (a) Block group 9.

      (b) Blocks 401 to 403, inclusive, 413 to 415, inclusive, and 420 to 422, inclusive.

      7.  In Clark County census tract 29.03:

      (a) Block group 9.

      (b) Blocks 136 to 144, inclusive.

      Sec. 8.  Subdistrict C of district 2 consists of:

      1.  Assembly districts 13, 15, 16 and 41.

      2.  In Clark County census tract 22.02, blocks 307, 309, 310 and 325 to 329, inclusive.

      3.  In Clark County census tract 29.01:

      (a) Block group 6.

      (b) Blocks 101, 103, 118, 120 to 122, inclusive, 124 to 131, inclusive, 133 to 168, inclusive, and 170.

      4.  In Clark County census tract 29.02:

      (a) Block group 5.

      (b) Blocks 404 to 412, inclusive, 416 to 419, inclusive, 423, 424, 601 to 606, inclusive, 608, 609, 614, 615, 704 to 733, inclusive, and 735.

      5.  In Clark County census tract 29.04:

      (a) Block group 8.

      (b) Blocks 401 to 403, inclusive, 407 to 419, inclusive, 421 to 424, inclusive, 525 to 545, inclusive, 549 to 557, inclusive, 559, 601 and 603.

      Sec. 9.  Subdistrict D of district 2 consists of:

      1.  Assembly districts 14, 18, 21 and 22.

      2.  In Clark County census tract 17.01:

      (a) Block group 7.

      (b) Blocks 804 to 809, inclusive, and 813 to 820, inclusive.

      3.  In Clark County census tract 17.02:

      (a) Block groups 1, 2 and 5.

      (b) Blocks 401 and 411 to 418, inclusive.


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

ê1981 Statutes of Nevada, Page 1818 (Chapter 730, SB 707)ê

 

      4.  In Clark County census tract 17.03, block groups 4 and 5.

      5.  In Clark County census tract 47.01, blocks 410 to 418, inclusive.

      Sec. 10.  Subdistrict E of district 2 consists of:

      1.  Assembly districts 10 to 12, inclusive.

      2.  In Clark County census tract 2.02, blocks 321 to 325, inclusive, and 328.

      3.  In Clark County census tract 7, blocks 115, 116, 119, 120, 123, 124, 128 to 132, inclusive, and 201 to 219, inclusive.

      4.  In Clark County census tract 13:

      (a) Block group 3.

      (b) Blocks 203 to 211, inclusive, 213, 214, 401 to 410, inclusive, 505 to 509, inclusive, and 514.

      5.  In Clark County census tract 16.01:

      (a) Block groups 1 to 8, inclusive.

      (b) Block 923.

      6.  In Clark County census tract 16.02, blocks 129 to 142, inclusive.

      7.  In Clark County census tract 17.01, block group 1.

      8.  In Clark County census tract 20, blocks 101 to 106, inclusive.

      9.  In Clark County census tract 21, blocks 101 and 102.

      10.  In Clark County census tract 22.01:

      (a) Block group 2.

      (b) Blocks 106, 108 to 118, inclusive, 130 to 134, inclusive, and 136 to 141, inclusive.

      Sec. 11.  Subdistrict A of district 3 consists of assembly districts 33 to 36, inclusive.

      Sec. 12.  Subdistrict B of district 3 consists of assembly districts 37 to 40, inclusive.

      Sec. 13.  NRS 385.021 is hereby amended to read as follows:

      385.021  1.  The state board of education consists of nine members elected by the registered voters within the following districts:

      (a) [Washoe County shall be known as district No. 1.

      (b) Clark County shall be known as district No. 2.

      (c) The remainder of the state shall be known as district No. 3.] District 1 consisting of assembly districts 23 to 32, inclusive.

      (b) District 2 consisting of Clark County.

      (c) District 3 consisting of the remainder of the state.

      2.  Each board member must be a resident of the subdistrict from which that member is elected.

      3.  At the general election in 1980, and every 4 years thereafter:

      (a) From district No. 1, one member of the board [shall] must be elected for a term of 4 years.

      (b) From district No. 2, two members of the board [shall] must be elected for a term of 4 years.

      (c) From district No. 3, one member of the board [shall] must be elected for a term of 4 years.

      4.  At the general election in 1982, and every 4 years thereafter:

      (a) From district No. 1, one member of the board [shall] must be elected for a term of 4 years.

      (b) From district No. 2, three members of the board [shall] must be elected for a term of 4 years.


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

ê1981 Statutes of Nevada, Page 1819 (Chapter 730, SB 707)ê

 

      (c) From district No. 3, one member of the board [shall] must be elected for a term of 4 years.

      5.  If a vacancy occurs on the state board, the governor shall appoint a member to fill the vacancy until the next general election, at which election a member [shall] must be chosen for the balance of the unexpired term. The appointee must be a resident of the subdistrict where the vacancy occurs.

      6.  No member of the state board may be elected to [such] the office more than three times.

      Sec. 14.  NRS 385.022 is hereby amended to read as follows:

      385.022  1.  In district [No. 1, created by NRS 385.021,] 1, one member [shall] must be elected from each subdistrict [hereby created:

      (a) Subdistrict A shall consist of assembly districts Nos. 23, 24, 25, 27 and 28.

      (b) Subdistrict B shall consist of assembly districts Nos. 26, 29, 30, 31 and 32.] described in sections 4 and 5 of this act.

      2.  In district [No. 2, created by NRS 385.021,] 2, one member [shall] must be elected from each subdistrict [hereby created:

      (a) Subdistrict A shall consist of assembly districts Nos. 7, 18 and 19; enumeration districts Nos. 242, 243B, 243D, 244, 247B, 248, 291, 292, 293 and 294 in assembly district No. 17 and enumeration districts Nos. 241, 249, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 288, 289, 297, 299, 300, 301A, 301B and 302 in assembly district No. 20.

      (b) Subdistrict B shall consist of assembly districts Nos. 1, 2, 3, 4 and enumeration districts Nos. 85, 87, 108 and 147 in assembly district No. 8.

      (c) Subdistrict C shall consist of assembly districts Nos. 5, 10, 13, 15 and enumeration districts Nos. 126, 127, 128, 129, 165A and 166 in assembly district No. 8.

      (d) Subdistrict D shall consist of assembly districts Nos. 14, 16, 21 and 22; enumeration districts Nos. 240, 277, 278, 296 and 298 in assembly district No. 17 and enumeration district No. 290 in assembly district No. 20.

      (e) Subdistrict E shall consist of assembly districts Nos. 6, 9, 11, 12 and enumeration districts Nos. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 and 123 in assembly district No. 8.] described in sections 6 to 10, inclusive, of this act.

      3.  In district [No. 3, created by NRS 385.021,] 3, one member [shall] must be elected from each subdistrict [hereby created:

      (a) Subdistrict A shall comprise the area of the state included within the Northern Nevada and Central Nevada senatorial districts.

      (b) Subdistrict B shall comprise the area of the state included within the Western Nevada and Capital senatorial districts.

      4.  Assembly districts, senatorial districts and enumeration districts, as used in this section, refer to and have the meaning conferred by the appropriate provisions of chapter 218 of NRS.] described in sections 11 and 12 of this act.

      Sec. 15.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 26, inclusive, of this act.


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

ê1981 Statutes of Nevada, Page 1820 (Chapter 730, SB 707)ê

 

      Sec. 16.  As used in NRS 396.040, 396.041 and sections 16 to 26, inclusive, of this act, unless the context otherwise requires:

      1.  “Assembly district” means one of the districts established by chapter 218 of NRS.

      2.  “Block” means the smallest geographical unit whose population was ascertained by the Bureau of the Census of the United States Department of Commerce in the taking of the national decennial census and shown on its maps.

      3.  “Block group” means a combination of blocks in a series, whose numbers begin with the same digit.

      4.  “Census tract” means a combination of block groups or enumeration districts or both.

      Sec. 17.  1.  If any area of this state is omitted from the provisions of NRS 396.040, 396.041 and sections 16 to 26, inclusive, of this act, the county clerk or the Carson City clerk, upon discovery of the omission, shall attach that area to the appropriate subdistrict as follows:

      (a) If the area is surrounded by a subdistrict, it must be attached to that subdistrict.

      (b) If the area is contiguous to two or more subdistricts, it must be attached to the subdistrict that has the least population.

      2.  Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the secretary of state. No change may be made in any attachments until the subdistricts are again reapportioned.

      Sec. 18.  Subdistrict A of district 1 consists of assembly districts 23 and 25 to 28, inclusive.

      Sec. 19.  Subdistrict B of district 1 consists of assembly districts 24 and 29 to 32, inclusive.

      Sec. 20.  Subdistrict A of district 2 consists of:

      1.  Assembly districts 6, 7, 17 and 19.

      2.  In Clark County census tract 6:

      (a) Block group 2.

      (b) Blocks 106 to 108, inclusive, 110 to 115, inclusive, 117 and 118.

      3.  In Clark County census tract 47.01:

      (a) Block groups 1 and 9.

      (b) Blocks 401 to 409, inclusive, 501 to 504, inclusive, and 515 to 520, inclusive.

      4.  In Clark County census tract 48.02:

      (a) Block groups 1 and 2.

      (b) Blocks 301 to 314, inclusive, 325 to 330, inclusive, 337 and 338.

      5.  In Clark County census tract 49, blocks 102, 103, 105 to 107, inclusive, 116 to 118, inclusive, 177 to 180, inclusive, 182 to 185, inclusive, 188, 501 to 503, inclusive, and 506.

      6.  In Clark County census tract 56, blocks 905 and 910.

      Sec. 21.  Subdistrict B of district 2 consists of:

      1.  Assembly districts 1 to 4, inclusive.

      2.  In Clark County census tract 10.01:

      (a) Block group 2.

      (b) Blocks 108 to 122, inclusive, and 124.

      3.  In Clark County census tract 10.02, blocks 101 to 117, inclusive.


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ê1981 Statutes of Nevada, Page 1821 (Chapter 730, SB 707)ê

 

      4.  In Clark County census tract 22.02:

      (a) Block group 2.

      (b) Blocks 301, 304 to 306, inclusive, 313 to 323, inclusive, and 330 to 333, inclusive.

      5.  In Clark County census tract 29.01, blocks 105 to 108, inclusive, and 411 to 438, inclusive.

      6.  In Clark County census tract 29.02:

      (a) Block group 9.

      (b) Blocks 401 to 403, inclusive, 413 to 415, inclusive, and 420 to 422, inclusive.

      7.  In Clark County census tract 29.03:

      (a) Block group 9.

      (b) Blocks 136 to 144, inclusive.

      Sec. 22.  Subdistrict C of district 2 consists of:

      1.  Assembly districts 13, 15, 16 and 41.

      2.  In Clark County census tract 22.02, blocks 307, 309, 310 and 325 to 329, inclusive.

      3.  In Clark County census tract 29.01:

      (a) Block group 6.

      (b) Blocks 101, 103, 118, 120 to 122, inclusive, 124 to 131, inclusive, 133 to 168, inclusive, and 170.

      4.  In Clark County census tract 29.02:

      (a) Block group 5.

      (b) Blocks 404 to 412, inclusive, 416 to 419, inclusive, 423, 424, 601 to 606, inclusive, 608, 609, 614, 615, 704 to 733, inclusive, and 735.

      5.  In Clark County census tract 29.04:

      (a) Block group 8.

      (b) Blocks 401 to 403, inclusive, 407 to 419, inclusive, 421 to 424, inclusive, 525 to 545, inclusive, 549 to 557, inclusive, 559, 601 and 603.

      Sec. 23.  Subdistrict D of district 2 consists of:

      1.  Assembly districts 14, 18, 21 and 22.

      2.  In Clark County census tract 17.01:

      (a) Block group 7.

      (b) Blocks 804 to 809, inclusive, and 813 to 820, inclusive.

      3.  In Clark County census tract 17.02:

      (a) Block groups 1, 2 and 5.

      (b) Blocks 401 and 411 to 418, inclusive.

      4.  In Clark County census tract 17.03, block groups 4 and 5.

      5.  In Clark County census tract 47.01, blocks 410 to 418, inclusive.

      Sec. 24.  Subdistrict E of district 2 consists of:

      1.  Assembly districts 10 to 12, inclusive.

      2.  In Clark County census tract 2.02, blocks 321 to 325, inclusive, and 328.

      3.  In Clark County census tract 7, blocks 115, 116, 119, 120, 123, 124, 128 to 132, inclusive, and 201 to 219, inclusive.

      4.  In Clark County census tract 13:

      (a) Block group 3.

      (b) Blocks 203 to 211, inclusive, 213, 214, 401 to 410, inclusive, 505 to 509, inclusive, and 514.


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

ê1981 Statutes of Nevada, Page 1822 (Chapter 730, SB 707)ê

 

      5.  In Clark County census tract 16.01:

      (a) Block groups 1 to 8, inclusive.

      (b) Block 923.

      6.  In Clark County census tract 16.02, blocks 129 to 142, inclusive.

      7.  In Clark County census tract 17.01, block group 1.

      8.  In Clark County census tract 20, blocks 101 to 106, inclusive.

      9.  In Clark County census tract 21, blocks 101 and 102.

      10.  In Clark County census tract 22.01:

      (a) Block group 2.

      (b) Blocks 106, 108 to 118, inclusive, 130 to 134, inclusive, and 136 to 141, inclusive.

      Sec. 25.  Subdistrict A of district 3 consists of assembly districts 33 to 36, inclusive.

      Sec. 26.  Subdistrict B of district 3 consists of assembly districts 37 to 40, inclusive.

      Sec. 27.  NRS 396.040 is hereby amended to read as follows:

      396.040  1.  [After January 1, 1973, the] The board of regents [shall consist] consists of nine members [to be] elected by the registered voters within the following districts:

      (a) [Washoe County shall be known as district No. 1, with two members of the board of regents residing therein.

      (b) Clark County shall be known as district No. 2, with five members of the board of regents residing therein.

      (c) The remainder of the state shall be known as district No. 3, with two members of the board of regents residing therein, as provided in NRS 396.041.] District 1 consisting of assembly districts 23 to 32, inclusive.

      (b) District 2 consisting of Clark County.

      (c) District 3 consisting of the remainder of the state.

      2.  The members of the board of regents [shall] must be elected as follows:

      (a) At the general election in [1972:

             (1) From district No. 1, one member of the board of regents shall be elected for a term of 6 years.

             (2)]1982, and every 6 years thereafter:

             (1) From district [No.] 2, two members of the board of regents [shall] must be elected for [terms] a term of 6 years. [, and one member of the board of regents shall be elected for a term of 4 years.

             (3)](2) From district [No. 3, no member shall] 3, one member of the board of regents must be elected [.] for a term of 6 years.

      (b) At the general election in [1974:] 1984, and every 6 years thereafter:

             (1) From district [No.] 1, one member of the board of regents [shall] must be elected for a term of 6 years.

             (2) From district [No. 2, one member] 2, two members of the board of regents [shall] must be elected for a term of 6 years. [and one member of the board of regents shall be elected for a term of 2 years.

             (3) From district No. 3, one member of the board of regents shall be elected for a term of 6 years and one member of the board of regents shall be elected for a term of 2 years.]


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

ê1981 Statutes of Nevada, Page 1823 (Chapter 730, SB 707)ê

 

      (c) At the general election in [1976:] 1986, and every 6 years thereafter:

             (1) From district [No. 1, no members] 1, one member of the board of regents [shall] must be elected [.] for a term of 6 years.

             (2) From district [No. 2, two members] 2, one member of the board of regents [shall] must be elected for [terms] a term of 6 years.

             (3) From district [No.] 3, one member of the board of regents [shall] must be elected for a term of 6 years.

      [(d) At the general election in 1978 and thereafter, all terms shall be for 6 years.

      3.  The members of the board of regents as the board is constituted on May 4, 1971 shall continue to hold office for the terms for which they were elected.] 3.  Each member of the board of regents must be a resident of the subdistrict from which he is elected.

      Sec. 28.  NRS 396.041 is hereby amended to read as follows:

      396.041  1.  In district [No. 1 created by NRS 396.040,] 1, one member [shall] must be elected from each subdistrict [hereby created, and he shall be a resident of the subdistrict from which he is elected:

      (a) Subdistrict A shall consist of assembly districts Nos. 23, 24, 25, 27 and 28.

      (b) Subdistrict B shall consist of assembly districts Nos. 26, 29, 30, 31 and 32.] described in sections 18 and 19 of this act.

      2.  In district [No. 2, created by NRS 396.040,] 2, one member [shall] must be elected from each subdistrict [hereby created, and he shall be a resident of the subdistrict from which he is elected:

      (a) Subdistrict A shall consist of assembly districts Nos. 7, 18 and 19; enumeration districts Nos. 242, 243B, 243D, 244, 247B, 248, 291, 292, 293 and 294 in assembly district No. 17 and enumeration districts Nos. 241, 249, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 288, 289, 297, 299, 300, 301A, 301B and 302 in assembly district No. 20.

      (b) Subdistrict B shall consist of assembly districts Nos. 1, 2, 3, 4 and enumeration districts Nos. 85, 87, 108 and 147 in assembly district No. 8.

      (c) Subdistrict C shall consist of assembly districts Nos. 5, 10, 13, 15 and enumeration districts Nos. 126, 127, 128, 129, 165A and 166 in assembly district No. 8.

      (d) Subdistrict D shall consist of assembly districts Nos. 14, 16, 21 and 22; enumeration districts Nos. 240, 277, 278, 296 and 298 in assembly district No. 17 and enumeration district No. 290 in assembly district No. 20.

      (e) Subdistrict E shall consist of assembly districts Nos. 6, 9, 11, 12 and enumeration districts Nos. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 and 123 in assembly district No. 8.] described in sections 20 to 24, inclusive, of this act.

      3.  In district [No. 3, created by NRS 396.040] 3, one member [shall] must be elected from each subdistrict [hereby created, and he shall be a resident of the subdistrict from which he is elected:

      (a) Subdistrict A shall comprise the area of the state included within the Northern Nevada and Central Nevada senatorial districts.


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

ê1981 Statutes of Nevada, Page 1824 (Chapter 730, SB 707)ê

 

      (b) Subdistrict B shall comprise the area of the state included within the Western Nevada and Capital senatorial districts.

      4.  Assembly districts, senatorial districts and enumeration districts, as used in this section, refer to and have the meaning conferred by the appropriate provisions of chapter 218 of NRS.] described in sections 25 and 26 of this act.

      Sec. 29.  Each member of the state board of education and the board of regents who was elected on or before November 4, 1980, shall serve out the term of office for which he was elected, and if that term extends beyond the general election in 1982, shall represent the new subdistrict which includes his residence as of November 4, 1980, if he still resides in that district. Any vacancy must be filled for the unexpired term.

      Sec. 30.  This act shall become effective on January 1, 1982, for the purpose of nominating and electing members to the state board of education and the board of regents, and on January 1, 1983, for all other purposes.

 

__________

 

 

CHAPTER 731, SB 710

Senate Bill No. 710–Committee on Natural Resources

CHAPTER 731

AN ACT relating to the Tahoe Regional Planning Compact; providing for the transmittal to California of amendments made to the compact by the 61st session of the Nevada legislature and correcting their effective date to provide for their enactment by the State of California and their approval by the Congress; 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 224, Statutes of Nevada 1981, is hereby amended by adding thereto a new section to be designated as section 1.5, which shall immediately follow section 1 and shall read as follows:

 

       Sec. 1.5.  The secretary of state shall transmit a certified copy of section 1 of this act to the governor of the State of California, and two certified copies of this entire act to the secretary of state of California for delivery to the respective houses of its legislature. The governor of this state, as soon as:

       1.  He is officially advised that the State of California has enacted the amendments to the Tahoe Regional Planning Compact set forth in section 1 of this act; and

       2.  The Congress of the United States has approved such amendments,

shall proclaim that the compact has been so amended.

 

      Sec. 2.  Section 2 of chapter 224, Statutes of Nevada 1981, is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 1825 (Chapter 731, SB 710)ê

 

       Sec. 2.  1.  This [act] section and section 1.5 of this act shall become effective upon passage and approval.

       2.  Section 1 of this act shall become effective upon proclamation by the governor of this state of the enactment of the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act by the State of California and their approval by the Congress of the United States.

      Sec. 3.  This act shall become effective upon passage and approval.

 

__________

 

 

CHAPTER 732, SB 712

Senate Bill No. 712–Committee on Finance

CHAPTER 732

AN ACT making appropriations from the state general fund and the state highway fund for certain capital improvements and other expenses; authorizing certain expenditures by the state public works board; specifying certain powers, duties and requirements of the state public works board respecting those improvements and expenditures; 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 state public works board the sum of $6,291,800 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1981-1982 and 1982-1983 or otherwise described, as follows:

 

      1.  Capital improvements for the department of prisons, Projects 81–1(c), 81–3(b) except for the repair of pavement, 81–3(d), 81–14 to be located at the southern desert correctional center, 81–16 and two guard towers at the southern Nevada correctional center..........................................................................................        $5,428,000

The department of prisons may request money from the interim finance committee for fencing material for the Nevada state prison.

      2.  Capital improvements for the department of the military, Project 81–4                 $185,800

      3.  Capital improvements for the improvement of state facilities in Carson City and Las Vegas, Nevada, Project 81–5.......................................................            $455,000

      4.  Capital improvements for the department of human resources, Projects 81–7 and 81–10.......................................................................................................            $223,000

 

      Sec. 2.  There is hereby appropriated from the state general fund to the interim finance committee the sum of $2,225,000 for:

      1.  Purchase, improvement or replacement by the state public works board, with the approval of the interim finance committee, of the water supply and sewerage system serving the southern Nevada correctional center; and

 


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

ê1981 Statutes of Nevada, Page 1826 (Chapter 732, SB 712)ê

 

board, with the approval of the interim finance committee, of the water supply and sewerage system serving the southern Nevada correctional center; and

      2.  A study to be conducted by the desert research institute of the availability of additional water and water of better quality at Jean, Nevada.

      Sec. 3.  There is hereby appropriated from the state highway fund to the department of motor vehicles the sum of $205,000 for certain repairs in Reno, Nevada.

      Sec. 4.  1.  The state public works board is authorized to utilize $333,375 of the money of the department of wildlife to carry out a program of capital improvements for the department of wildlife, which includes:

 

Improving domestic water and replacing canopies at Gallagher......    $242,000

Energy improvements at its headquarters in Elko...............................        24,000

Planning for a new hatchery in Mason Valley.....................................        22,000

Improvements to its Reno office............................................................        45,375

 

The state public works board shall not proceed with this program of capital improvements until it has received a resolution from the department of wildlife requesting the work to be accomplished.

      2.  The department of wildlife may request the approval of the interim finance committee for the use of the money of the department of wildlife for fencing at Lake Mead.

      Sec. 5.  The state public works board is authorized to use $36,200 in federal grants to accomplish Project 81–4.

      Sec. 6.  The state public works board is authorized to use $1,858,000 derived from capital improvement fees collected by the University of Nevada and $289,000 from the higher education capital construction fund created pursuant to NRS 463.385 to carry out a program of capital improvements for the university, Projects 81–6(b), 81–6(c), 81–6(d), the addition of a storm drain at the University of Nevada at Las Vegas and a vault for records at Frazier Hall at the University of Nevada at Las Vegas.

      Sec. 7.  With the approval of the interim finance committee, the state public works board may transfer money from one project or subproject to another within the same department of government or within the University of Nevada.

      Sec. 8.  The state public works board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.

      Sec. 9.  The state public works board may accept bids on either the whole or any part of the construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project or a combination contract if savings will result to the lowest responsible bidder, but any and all bids may be rejected for any good reason.


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

ê1981 Statutes of Nevada, Page 1827 (Chapter 732, SB 712)ê

 

      Sec. 10.  The state public works board is not required to advertise for bids for projects estimated to cost less than $10,000, but the board shall solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award a contract to the lowest responsible bidder or reject all bids.

      Sec. 11.  This act shall become effective upon passage and approval.

 

__________

 

 

CHAPTER 733, SB 715

Senate Bill No. 715–Committee on Finance

CHAPTER 733

AN ACT relating to prisons; providing for the disposition of interest on the offenders’ employment fund; 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 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).

      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;


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

ê1981 Statutes of Nevada, Page 1828 (Chapter 733, SB 715)ê

 

      (d) The state permanent school fund;

      (e) The silicosis and disabled pension fund;

      (f) The offenders’ store fund, offenders’ employment 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 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. 2.  This act shall become effective at 12:04 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 734, SB 716

Senate Bill No. 716–Committee on Finance

CHAPTER 734

AN ACT making technical corrections to Senate Bill No. 714 of the 61st session of the Nevada legislature; resolving conflicts with bills of the same session.

 

[Approved June 14, 1981]

 

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

 

      Section 1.  Section 35 of Senate Bill No. 714 of the 61st session of the Nevada legislature is hereby repealed.

      Sec. 2.  Section 11 of Senate Bill No. 183 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 11.  NRS 284.013 is hereby amended to read as follows:

       284.013  1.  This chapter does not apply to:

       (a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government; or

       (b) [Members of the Nevada gaming commission or members of the state gaming control board.] Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.


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

ê1981 Statutes of Nevada, Page 1829 (Chapter 734, SB 716)ê

 

   2.  Terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence (including, without limitations, annual leave and sick and disability leave), must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations, but leaves of absence so prescribed must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter.

 

      Sec. 3.  This act shall become effective upon passage and approval.

 

__________

 

 

CHAPTER 735, SB 717

Senate Bill No. 717–Committee on Commerce and Labor

CHAPTER 735

AN ACT relating to industrial insurance; making technical corrections to Senate Bill No. 548 of the 61st session of the Nevada legislature; and resolving conflicts with bills of the same session.

 

[Approved June 14, 1981]

 

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

 

      Section 1.  Section 1 of Assembly Bill No. 312 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Section 1.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

       The [commission] system shall provide by regulation for a method of determining average monthly wage.

 

      Sec. 2.  Section 142 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       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 90 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 of 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.


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

ê1981 Statutes of Nevada, Page 1830 (Chapter 735, SB 717)ê

 

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 of 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. 3.  Section 149 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       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 does 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.

       4.  A self-insured employer must bear a proportionate amount of a claim made pursuant to this chapter, and is entitled to a proportionate amount of the assignment made pursuant to this section.

 

      Sec. 4.  Section 188 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 188.  NRS 616.535 is hereby amended to read as follows:

       616.535  1.  Any employee who is entitled to receive compensation under this chapter shall, if:

       (a) Requested by the [commission, a self-insured employer, an employer who provides coverage by a private plan specified in subsection 2 of NRS 616.255 or the commissioner of insurance;] insurer; or

       (b) Ordered by an appeals officer or a hearing officer,

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.]


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

ê1981 Statutes of Nevada, Page 1831 (Chapter 735, SB 717)ê

 

be provided by the regulations of the [commission, or of the commissioner of insurance if the employer is self-insured.] department.

       2.  The request or order for the examination must fix a time and place therefor, due regard being had to the nature of the medical examination, 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. 5.  Section 192 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 192.  NRS 616.545 is hereby amended to read as follows:

       616.545  1.  If change of circumstances warrants an increase or rearrangement of compensation during the life of an injured workman, application may be made therefor. The application 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 is effective before the application is made unless good cause is shown. The [commission, a self-insured employer or an employer who provides coverage by a private plan specified in subsection 2 of NRS 616.255] insurer shall, upon good cause shown, allow the cost of emergency treatment, the necessity for which has been certified by a physician.

       2.  After a claim has been closed, the [commission, a self-insured employer or an employer who provides coverage by a private plan specified in subsection 2 of NRS 616.255,] insurer, upon receiving an application and for good cause shown, may authorize reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the claimant’s physician, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.

 

      Sec. 6.  Section 292 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 292.  NRS 242.030 is hereby amended to read as follows:

       242.030  1.  The department shall provide state agencies and elected state officers with all of their required design of systems, programming and use of equipment for data processing, and all agencies and officers must use those services and equipment, except as provided in subsection 2.

       2.  The following agencies may negotiate with the department for its services or the use of its equipment, subject to the provisions of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:

 


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

ê1981 Statutes of Nevada, Page 1832 (Chapter 735, SB 717)ê

 

of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:

       (a) Court administrator;

       (b) Department of motor vehicles;

       (c) Department of transportation;

       (d) Employment security department;

       (e) Legislative counsel bureau;

       (f) [Nevada industrial commission;] State industrial insurance system;

       (g) State controller;

       (h) State gaming control board and Nevada gaming commission; and

       (i) University of Nevada System.

       3.  Any state agency or elected state officer who uses the services of the department and desires to withdraw substantially from that use must apply to the director for approval. The application must set forth justification for the withdrawal. If the director denies the application, the agency or officer must:

       (a) If the legislature is in regular or special session, obtain the approval of the legislature by concurrent resolution.

       (b) If the legislature is not in regular or special session, obtain the approval of the interim finance committee. The director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the interim finance committee. The interim finance committee has 45 days after the application and recommendation are submitted to its secretary within which to consider the application. Any application which is not considered by the committee within the 45-day period shall be deemed approved.

       4.  If the demand for services or use of equipment exceeds the capability of the department to provide them, the department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.

 

      Sec. 7.  Section 307 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 307.  NRS 353.224 is hereby amended to read as follows:

       353.224  1.  Except as provided in subsection 5, 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 consider it. Any proposed change of a position from one occupational class or subclass to another which is not considered within the 45-day period shall be deemed approved.


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

ê1981 Statutes of Nevada, Page 1833 (Chapter 735, SB 717)ê

 

subclass to another which is not considered within the 45-day period shall be deemed approved.

       3.  The secretary shall place each request submitted to him pursuant to subsection 2 on the agenda of the next meeting of the interim finance committee.

       4.  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.

       5.  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. 8.  Section 308 of Senate Bill No. 548 of the 61st session of the legislature is hereby amended to read as follows:

 

       Sec. 308.  NRS 353.335 is hereby amended to read as follows:

       353.335  1.  Except as provided in subsections 4 and 5, 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 considered within the 15-day period shall be deemed 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 consider the acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

       3.  The secretary shall place each request submitted to him pursuant to paragraph (b) and (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.


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

ê1981 Statutes of Nevada, Page 1834 (Chapter 735, SB 717)ê

 

       4.  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.

       5.  A state agency may accept:

       (a) Gifts not exceeding $10,000 each in value; and

       (b) Governmental 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.

       6.  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. 9.  Section 311 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       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


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

ê1981 Statutes of Nevada, Page 1835 (Chapter 735, SB 717)ê

 

       (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 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 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 [,] ;

       (n) The fund for worker’s compensation and safety;

       (o) The uninsured employers’ claim fund; and

       (p) The subsequent injury fund,

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

 

      Sec. 10.  Section 21 of Senate Bill No. 412 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 21.  NRS 353.335 is hereby amended to read as follows:

       353.335  1.  Except as provided in subsections 4 and 5, 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 the interim finance committee at its first meeting after the action is taken.


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

ê1981 Statutes of Nevada, Page 1836 (Chapter 735, SB 717)ê

 

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 considered within the 15-day period shall be deemed 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 consider the acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

       3.  The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.

       4.  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.

       5.  A state agency may accept:

       (a) Gifts not exceeding $10,000 each in value; and

       (b) Governmental 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.

       6.  This section does not apply to [the] :

       (a) The Nevada industrial commission [or the] ;

       (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. 11.  Section 347 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

Sec. 347.  1.  The initial appointments to the board of directors of the state industrial insurance system must be for terms as follows:


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

ê1981 Statutes of Nevada, Page 1837 (Chapter 735, SB 717)ê

 

       (a) [Three] Two members whose terms expire on June 30, 1984.

       (b) [Three] Two 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. 12.  Sections 293 and 294 of Senate Bill No. 548 of the 61st session of the Nevada legislature are hereby repealed.

      Sec. 13.  1.  Section 1 of this act shall become effective on July 1, 1982.

      2.  This section and sections 2 to 12, inclusive, of this act shall become effective upon passage and approval.

 

__________

 

 

CHAPTER 736, AB 16

Assembly Bill No. 16–Committee on Economic Development and Natural Resources

CHAPTER 736

AN ACT relating to water; revising certain provisions of law relating to the time within which appropriated water must be put to a beneficial use; clarifying the date after which a period of nonuse of water works a forfeiture of rights; requiring well drillers to furnish copies of certain records to the state engineer; providing for the registration of certain wells; requiring the plugging of wells for domestic purposes in certain circumstances; requiring access to water of wildlife in 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 533.135 is hereby amended to read as follows:

      533.135  1.  At the time of submission of proofs of appropriation, where the necessary maps are prepared by the state engineer, the fee collected from such claimants [shall] must be the actual cost of survey and preparation of maps.

      2.  The state engineer shall collect a fee of [$10] $50 for a proof of water used for domestic purposes or any other character of claim to water.

      3.  All fees collected as provided in this section [shall] must be accounted for in detail and deposited with the state treasurer once in each month.


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

ê1981 Statutes of Nevada, Page 1838 (Chapter 736, AB 16)ê

 

      Sec. 2.  NRS 533.380 is hereby amended to read as follows:

      533.380  1.  In his endorsement of approval upon any application, the state engineer shall:

      (a) Set a time [prior to] before which the construction of the work must be completed, which must be within 5 years of the date of such approval.

      (b) [Set a time prior to] Except as provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years [from] after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land for which a final subdivision map has been recorded pursuant to chapter 278 of NRS must not be less than 5 years.

      2.  The state engineer may limit the applicant to a [less amount] smaller quantity of water, [than that applied for, to a less] to a shorter period of time for the completion of work, and [a less] , except as provided in paragraph (b) of subsection 1, to a shorter period of time for the perfecting of the application than named in the application.

      3.  [The] Except as provided in subsection 4, the state engineer may, for good cause shown, extend the time within which construction work [shall] must be completed, or water must be applied to a beneficial use under any permit therefor issued by [the state engineer;] him; but an application for the extension must in all cases be made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410.

      4.  Whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land for which a final subdivision map has been recorded pursuant to chapter 278 of NRS requests an extension of time to apply the water to a beneficial use, the state engineer shall, in determining whether to grant or deny the extension, consider, among other reasons:

      (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

      (b) The number of parcels of land and commercial or residential units which are contained in or planned for the subdivision;

      (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use; and

      (d) Any delays in the development of the subdivision which were caused by unanticipated natural conditions.

      Sec. 3.  NRS 533.410 is hereby amended to read as follows:

      533.410  [Should the] If any holder of a permit from the state engineer [fail, prior to] fails, before the date set for filing in his permit [,] or the date set by any extension granted by the state engineer, to file with the state engineer proof of application of water to beneficial use, and the accompanying map, if a map is required, the state engineer shall advise the holder of the permit, by registered or certified mail, that the permit is held for cancellation. [Should] If the holder, within 30 days after the mailing of this notice, [fail to file] fails to file with the state engineer the required affidavit and map, if a map is required, or an application for an extension of time to file the instruments, the state engineer shall cancel the permit. For good cause shown, upon application made [prior to] before the expiration of [such] the 30-day period, the state engineer may [, in his discretion,] grant an extension of time in which to file the instruments.


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ê1981 Statutes of Nevada, Page 1839 (Chapter 736, AB 16)ê

 

the expiration of [such] the 30-day period, the state engineer may [, in his discretion,] grant an extension of time in which to file the instruments.

      Sec. 4.  NRS 533.435 is hereby amended to read as follows:

      533.435  1.  The [following fees shall be collected by the state engineer:] state engineer shall collect the following fees:

 

For examining and filing an application for a permit to appropriate water [$35.00].......................................................................................... $100.00

[The $35 fee shall include] This fee includes the cost of publication [, which publication fee] which is $25.

For examining and acting upon plans and specifications for construction of a dam, in addition to the actual cost of inspection..................        100.00

For examining and filing an application for each permit to change the point of diversion, manner of use, or place of use.................................           40.00

[The $40 fee shall include the cost of permit should the same issue thereunder, and the] This fee includes the cost of the permit and the publication of such an application, which [publication fee] is $25.

[For issuing and recording permit to appropriate water for irrigation purposes, for each acre to be irrigated, up to and including 100 acres, per acre            .................................................................................................... .10

For each acre in excess of 100 acres up to and including 1,000 acres    ................................................................................. .05

For each acre in excess of 1,000 acres...............................               .03

For issuing and recording permit for power purposes, for each theoretical horsepower to be developed.......................................................               .05

For issuing final certificate under permit for power purposes, for each theoretical horsepower to be developed up to and including 100 horsepower           .................................................................................................... .25

For each horsepower in excess of 100 horsepower up to and including 1,000 horsepower......................................................               .20

For each horsepower in excess of 1,000 horsepower.......               .15

For issuing and recording permit to store water....................................           25.00

For issuing final certificate under permit to store water, for each acre-foot of water stored up to and including 1,000 acre-feet..............................               .05

For each acre-foot in excess of 1,000 acre-feet...............              .03]

For issuing and recording each permit to appropriate water for any [other] purpose, except watering livestock, for each second-foot of water applied for or fraction thereof................................................................ [10.00] 100.00 For issuing and recording each permit to appropriate water for watering livestock, for each second-foot of water applied for or fraction thereof.................................................     $50.00

 


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ê1981 Statutes of Nevada, Page 1840 (Chapter 736, AB 16)ê

 

For issuing and recording each permit to appropriate water for watering livestock, for each second-foot of water applied for or fraction thereof     ............................................................................................. $50.00

For filing a secondary permit under a reservoir permit.......................             5.00

For approving and recording a permit under a reservoir permit........             5.00

For filing proof of completion of work....................................... [1.00]          10.00

For filing proof of beneficial use.................................................. [1.00]          10.00

For filing any protest.................................................................................           10.00

For filing any application for extension of time within which to file proofs [5.00]............................................................................................... 25.00

For filing any assignment or water right deed, for each water right assigned, actual cost of the work up to........................................................ [1.00]          10.00

For filing any other instrument................................................................             1.00

For making copy of any document recorded or filed in his office, for the first 100 words...............................................................................................             1.00

For each additional 100 words or fraction thereof..........               .20

Where the amount exceeds $5, then only the actual cost in excess of that amount [shall] may be charged.

For certifying to copies of documents, records or map, for each certificate       ................................................................................................. 1.00

For each blueprint copy of any drawing or map, per square foot....               .15

The minimum charge for a blueprint copy, per print.......             1.00

 

      2.  When fees are not specified in subsection 1 for [such other] work [as may be] required of his office, the state engineer shall collect the actual cost of the work.

      3.  [The minimum fee for issuing and recording any permit is $10.

      4.]  Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section must be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the state engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state money to carry out the provisions of this subsection. The bank account [shall] must be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.

      Sec. 5.  Chapter 533 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1981 Statutes of Nevada, Page 1841 (Chapter 736, AB 16)ê

 

      Before a person may obtain a right to the use of water from a spring or water which has seeped to the surface of the ground, he must ensure that wildlife which customarily uses the water will have access to it. The state engineer may waive this requirement for a domestic use of water.

      Sec. 6.  NRS 534.030 is hereby amended to read as follows:

      534.030  1.  Upon receipt by the state engineer of a petition requesting him to administer the provisions of this chapter as relating to designated areas, signed by not less than 40 percent of the appropriators of record in the office of the state engineer, in any particular basin or portion therein, having a legal right to appropriate underground water therefrom, he shall:

      (a) Cause to be made the necessary investigations to determine if such administration would be justified.

      (b) If his findings are affirmative, designate such area by basin, or portion therein, and [shall] make an official order describing the boundaries by legal subdivision as nearly as possible.

      (c) Proceed with the administration of this chapter as provided for herein.

      2.  In the absence of such a petition from the owners of wells in a ground water basin which the state engineer has found, after due investigation, to be in need of administration as relating to designated areas, the state engineer may upon his own motion enter an order in the same manner as if a petition, as described in subsection 1, had been received.

      3.  [Such] The order of the state engineer may be reviewed by the district court of the county pursuant to NRS 533.450.

      4.  [Such supervision shall be exercised on] The state engineer shall supervise all wells tapping artesian water or water in definable underground aquifers drilled subsequent to March 22, 1913, and [on] all wells tapping percolating water [, the course and boundaries of which are incapable of determination,] drilled subsequent to March 25, 1939, except those wells [coming under the provisions of NRS 534.180.] for domestic purposes for which a permit is not required.

      5.  Within any ground water basin which has been designated or which may hereafter be so designated by the state engineer, except ground water basins subject to the provisions of NRS 534.035, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, in his discretion and in the administration of the ground water law, [is hereby authorized and directed to] may avail himself of the services of the governing body of such water district or the water conservation board, [or either] or both of them, in an advisory capacity. Upon request of the state engineer, the governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected. The services of [such] the governing body or water conservation board [shall] must be without compensation from the state, and the services so rendered [shall] must be upon reasonable agreements effected with and by the state engineer.


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

ê1981 Statutes of Nevada, Page 1842 (Chapter 736, AB 16)ê

 

      Sec. 7.  NRS 534.090 is hereby amended to read as follows:

      534.090  1.  [Failure] Except as provided in subsection 2, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it [be] is an adjudicated right, an unadjudicated right, or permitted right, and further whether [such right be] the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which [such right shall be] the right is acquired or claimed, [shall work] works a forfeiture of both undetermined rights and determined rights of the right to the use of [such] that water to the extent of [such] the nonuse. Upon the forfeiture of a right to the use of ground water, [such] the water [shall revert] reverts to the public and [shall be] is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the person of record whose right has been declared forfeited, [such] that person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final.

      2.  The state engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. The state engineer may grant any number of extensions, but no single extension may exceed 1 year. In determining whether to grant or deny a request, the state engineer shall, among other reasons, consider:

      (a) Whether the holder has shown good cause for his failure to use all or any part of the water beneficially for the purpose for which his right is acquired or claimed;

      (b) The unavailability of water to put to a beneficial use which is beyond the control of the holder; and

      (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use.

      3.  A right to use underground water whether it [be] is vested or otherwise may be lost by abandonment. If the state engineer, in investigating a ground water source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his examination that an abandonment has taken place, he shall so state in his ruling approving the application. If, upon notice by registered or certified mail to the person of record who had the prior right, [such] that person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the state engineer becomes final.

      Sec. 8.  NRS 534.170 is hereby amended to read as follows:

      534.170  1.  The well driller shall keep:

      (a) A log of the depth, thickness and character of the different strata penetrated and the location of water-bearing strata; and

      (b) An accurate record of the work, including:

             (1) A statement of the date of beginning work;

             (2) The date of completion;


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

ê1981 Statutes of Nevada, Page 1843 (Chapter 736, AB 16)ê

 

             (3) The length, size and weight of the casing and how [the same] it is placed;

             (4) The size of the drilled hole;

             (5) Where sealed off and the type of seal;

             (6) The name of the well driller and the type of drilling machine used;

             (7) The number of cubic feet per second or gallons per minute of flow from such well when completed; and

             (8) The pressure in pounds per square inch if it is a flowing well, and, if nonflowing, the static water level, and the water temperature.

      2.  The well driller shall furnish a copy of the log and the record of work for every well drilled to the state engineer within 30 days after the well is completed.

      3.  If the well is to be tested by pumping by the [permittee, immediately following the completion of the test the report shall] holder of the permit, the report of the test must include the drawdown with respect to the amount of water pumped [,] and any additional information requested by the state engineer. [, all of which shall be] This information must be reported and verified on forms prescribed by the state engineer. [and shall] The report must be returned [within] :

      (a) Immediately following the completion of the test; or

      (b) Within 30 days following the completion of the well [. Such record and dates shall become] ,

whichever occurs later.

      4.  The log, record of the work and report of the test are a permanent record in the state engineer’s office.

      Sec. 9.  NRS 534.180 is hereby amended to read as follows:

      534.180  1.  [This] Except as provided in subsection 2 and as to the furnishing of any information required by the state engineer, this chapter does not apply in the matter of obtaining permits for the [developing] development and use of underground water from a well for domestic purposes where the draught does not exceed a daily maximum of 1,800 gallons. [, except as to the furnishing of any information required by the state engineer.]

      2.  The state engineer may designate any ground water basin or portion thereof as a basin in which the registration of a well is required if the well is drilled for the development and use of underground water for domestic purposes. A driller who drills such a well shall register the information required by the state engineer within 10 days after the completion of the well. The state engineer shall make available forms for the registration of such wells and shall maintain a register of those wells.

      3.  The state engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:

      (a) A political subdivision of this state; or

      (b) A public utility whose rates and service are regulated by the public service commission of Nevada,

but only if the charge for making the connection to the service is less than $200.


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

ê1981 Statutes of Nevada, Page 1844 (Chapter 736, AB 16)ê

 

      4.  Exploration holes drilled only to collect geochemical, geological or geophysical data are not wells subject to the provisions of this chapter or the regulations of the state engineer, except as provided in chapter 534A of NRS.

      Sec. 10.  NRS 535.010 is hereby amended to read as follows:

      535.010  1.  Any person, firm, association or corporation proposing to construct a dam [in any stream of water] in this state shall, before beginning [the work of such] construction, obtain from the state engineer [, or shall have theretofore obtained from him,] a permit to appropriate, store and use the water to be impounded by [and] or diverted by [such dam.] the dam.

      2.  Any such person, firm, association or corporation obtaining or possessing such a permit shall:

      (a) Before constructing, reconstructing or altering in any way any dam, notify the state engineer thereof; and

      (b) Where the [proposed] dam [, or as the same may be reconstructed,] is or will be 10 feet or more in height or is less than 10 feet in height and will impound more than 10 acre-feet of water, submit to the state engineer in triplicate plans and specifications thereof for his approval 30 days before construction [of such dam shall] is to begin.

      3.  The state engineer shall examine such plans and specifications and if he approves [the same] them he shall return one copy with his approval to the applicant. If the state engineer disapproves any part of such plans and specifications he shall return [the same] them to the applicant for correction or revision.

      4.  The construction and use of any dam is prohibited [prior to such official] before approval of the plans and specifications [.] by the state engineer.

      5.  The state engineer may at any time inspect or cause to be inspected the construction work while it is in progress in order to determine that it is being done in accordance with the approved plans and specifications.

      6.  This section [shall apply] applies to new construction, reconstruction and alteration of old structures.

      7.  The provisions of this section relating to approval of plans and specifications and inspection of dams [shall] do not apply to works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers; but such federal agencies shall file duplicate plans and specifications with the state engineer.

      8.  Any person beginning the construction of any [such] dam before approval of the plans and specifications by the state engineer, or without having given the state engineer 30 days’ advance notice of any proposed change, reconstruction or alteration thereof, [shall be] is guilty of a misdemeanor. Each day of violation of this section [shall constitute] constitutes a separate offense and [be] is separately punishable.

      Sec. 11.  NRS 535.040 is hereby amended to read as follows:

      535.040  [1.]  The provisions of NRS 535.010 to 535.030, inclusive, [shall not be construed as creating any liability for damages against the state or against its officers, agents and employees.

      2.  No action may be brought under the provisions of NRS 535.010 to 535.030, inclusive, which is based upon:


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

ê1981 Statutes of Nevada, Page 1845 (Chapter 736, AB 16)ê

 

      (a) Failure to inspect any dam or the construction of any dam to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect; or

      (b) Failure to discover such hazard, deficiency or other matter, whether or not an inspection is made.] and the performance by the state engineer of his duties under them do not constitute a warranty in favor of anyone concerning the water to be impounded or diverted.

      Sec. 12.  Sections 2, 3 and 4 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 737, AB 22

Assembly Bill No. 22–Assemblymen Robinson, Hayes and Prengaman

CHAPTER 737

AN ACT relating to landlords and tenants of mobile home lots; making provisions governing the rental of mobile home lots applicable to certain recreational vehicles; 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 118.230 is hereby amended to read as follows:

      118.230  As used in NRS 118.230 to 118.340, inclusive:

      1.  “Landlord” means the owner, lessor or operator of a mobile home park.

      2.  “Mobile home” means a vehicular structure without independent motive power, built on a chassis or frame, which is:

      (a) Designed to be used with or without a permanent foundation;

      (b) Capable of being drawn by a motor vehicle; and

      (c) Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.

      3.  “Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate [a] :

      (a) A mobile home [.] ; or

      (b) A recreational vehicle for 3 months or more.

      4.  “Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. “Mobile home park” does not include an area or tract of land where more than half of the lots are rented overnight or for less than [1 month.] 3 months.

      5.  “Recreational vehicle” means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled, mounted upon, or drawn by, a motor vehicle.     

      Sec. 2.  NRS 118.235 is hereby amended to read as follows:

      118.235  The provisions of NRS 118.230 to 118.340, inclusive, do not apply to [mobile] :

      1.  Mobile home parks operated by public housing authorities and established pursuant to the United States Housing Act of 1937, as amended (now 42 U.S.C.


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

ê1981 Statutes of Nevada, Page 1846 (Chapter 737, AB 22)ê

 

established pursuant to the United States Housing Act of 1937, as amended (now 42 U.S.C. §§ 1437 et seq.).

      2.  Any lot in a mobile home park which is rented or held out for rent overnight or for less than 3 months.

      3.  Any recreational vehicle located on a lot described in subsection 2.

      Sec. 3.  NRS 118.241 is hereby amended to read as follows:

      118.241  A written rental contract or lease must be executed between a landlord and tenant to rent or lease any mobile home lot at the request of either the landlord or the tenant. The written rental contract or lease must contain but is not limited to provisions relating to the following subjects:

      1.  Duration of the agreement.

      2.  Amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.

      3.  Restrictions on and charges for occupancy by children or pets.

      4.  Services and utilities included with the lot rental and the responsibility of maintaining or paying for the services and utilities.

      5.  Fees which may be required and the purposes for which they are required.

      6.  Deposits which may be required and the conditions for their refund.

      7.  Maintenance which the tenant is required to perform and any appurtenances he is required to provide.

      8.  The name and address of the owner of the mobile home park or his authorized agent.

      9.  Any restrictions on subletting.

      10.  The number of and charges for persons who are to occupy a mobile home or recreational vehicle on the lot.

      11.  Any recreational facilities and other amenities provided to the tenant.

      Sec. 4.  NRS 118.270 is hereby amended to read as follows:

      118.270  The landlord or his agent or employee shall not:

      1.  Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.

      2.  Charge or receive:

      (a) Any entrance or exit fee to a tenant assuming or leaving occupancy of a mobile home lot.

      (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord has acted as the [mobile home owner’s] tenant’s agent in the sale pursuant to a written contract.

      (c) Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection 6.

      (d) Any fee for the tenant’s spouse or children other than as provided in the lease.

      (e) Any unreasonable fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.


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

ê1981 Statutes of Nevada, Page 1847 (Chapter 737, AB 22)ê

 

fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

      3.  Increase rent or service fees unless:

      (a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly situated or, if it is a service fee, to a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and

      (b) Written notice advising a tenant of the increase is sent to the tenant 60 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants on or before commencement of their tenancy.

      4.  Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of [such] the sale, except as provided in NRS 118.280.

      5.  Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the [mobile home] vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the [mobile home.] vehicle.

      6.  Prohibit any meetings held in the park’s community or recreation facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss [mobile home living and] the park’s affairs, or any tenant-sponsored political meeting, if [such] the meetings are held at reasonable hours and when the facility is not otherwise in use.

      7.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

      8.  Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the [mobile home.] vehicle.

      9.  Unless prohibited by a written lease or a general rule or regulation of the park if there is no written lease, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.

      Sec. 5.  NRS 118.280 is hereby amended to read as follows:

      118.280  1.  The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s mobile home [,] or recreational vehicle, if the [mobile home] vehicle will remain in the park. The landlord shall not unreasonably withhold his consent.

      2.  If a tenant sells his mobile home [,] or recreational vehicle, the landlord may require that the [mobile home] vehicle be removed from the park if [the mobile home] it is:

      (a) Deemed by the landlord to be in a rundown condition or in disrepair; or

      (b) Unoccupied for more than 90 consecutive days before the sale.

      Sec. 6.  NRS 118.295 is hereby amended to read as follows:

      118.295  The rental agreement described in NRS 118.291 may not be terminated except for:

      1.  Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;

 


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

ê1981 Statutes of Nevada, Page 1848 (Chapter 737, AB 22)ê

 

service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;

      2.  Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118.260 or to cure any violation of the rental agreement within a reasonable time after receiving notification of noncompliance or violation;

      3.  Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants or interferes with park management;

      4.  Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;

      5.  Condemnation or a change in land use of the mobile home park if the landlord notifies the tenant in writing at least 6 months before the termination or pays the costs of moving the tenant’s mobile home to a new location no more than 10 miles distant; or

      6.  Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance.

      Sec. 7.  NRS 118.310 is hereby amended to read as follows:

      118.310  1.  If a mobile home or recreational vehicle is made unfit for occupancy for any period in excess of 48 hours by any cause for which the landlord is responsible or over which he has control, the rent [shall be] may be, at the tenant’s option, proportionately abated, and if it is, must be refunded or credited against the following month’s rent. The tenant need not abandon the mobile home or recreational vehicle as a prerequisite to seeking relief under this subsection.

      2.  As an alternative to [such] the abatement of rent, the tenant may procure reasonable substitute housing for occupancy while his mobile home or recreational vehicle remains unfit and may:

      (a) Recover the actual and reasonable cost of the substitute housing from the landlord, but not more than an amount equal to the rent for the mobile home lot; or

      (b) Deduct the cost from future rent.

      Sec. 8.  NRS 118.335 is hereby amended to read as follows:

      118.335  1.  The governing body of each city and county may establish a board to mediate grievances between landlords and tenants of mobile home parks.

      2.  The board must include owners of mobile home parks, tenants of mobile home parks and members representing the general public.

      3.  The board shall:

      (a) Attempt to adjust grievances between the landlords and tenants by means of mediation or negotiation.

      (b) Recommend changes in local ordinances related to mobile homes, recreational vehicles and mobile home parks.

      (c) Recommend measures to promote equity between tenant and landlord.

      (d) Encourage the development of mobile home parks to meet the needs of the community.


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

ê1981 Statutes of Nevada, Page 1849 (Chapter 737, AB 22)ê

 

      Sec. 9.  Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 738, AB 25

Assembly Bill No. 25–Assemblymen Barengo, Hayes, Robinson and Prengaman

CHAPTER 738

AN ACT relating to mobile homes and similar vehicles; establishing a fund for education and recovery relating to mobile homes; providing additional requirements for the licensing of manufacturers, dealers, rebuilders, servicemen, installers, salesmen and responsible managing employees; amending provisions relating to the conversion of mobile homes from personal property to real property; 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 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  1.  The fund for education and recovery relating to mobile homes is hereby created as a special revenue fund for the purpose of satisfying claims against persons licensed under this chapter. Any balance in the fund over $300,000 at the end of any fiscal year must be set aside and used by the administrator for education respecting mobile homes, travel trailers or commercial coaches.

      2.  Upon issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal license fee, a fee:

      (a) For a dealer’s or manufacturer’s original license, of $300.

      (b) For a dealer’s or manufacturer’s renewal license, of $150.

      (c) For an original or renewal license for:

             (1) A serviceman or installer, of $50.

             (2) A salesman, of $25.

Fees collected pursuant to this section must be deposited in the state treasury for credit to the fund.

      3.  Payments from the fund must be made only upon an appropriate court order.

      Sec. 3.  A person who commences a civil action against a licensee under this chapter upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter must, if the cause of action arose on or after July 1, 1981, serve a copy of the complaint upon the administrator within 30 days after the action is commenced.

      Sec. 4.  1.  When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter in an action described in section 3 of this act, the judgment creditor may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per claimant and the liability of the fund may not exceed $100,000 for any licensee.


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

ê1981 Statutes of Nevada, Page 1850 (Chapter 738, AB 25)ê

 

entered for an order directing payment out of the fund in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per claimant and the liability of the fund may not exceed $100,000 for any licensee.

      2.  A copy of the petition must be served upon the administrator and an affidavit of service filed with the court.

      3.  The court shall act upon the petition within 30 days after service and, upon the hearing of the petition, the judgment creditor must show that:

      (a) He is not the spouse of the judgment debtor, or the personal representative of that spouse.

      (b) He has complied with all the requirements of sections 2 to 12, inclusive, of this act.

      (c) He has obtained a judgment of the kind described in subsection 1, stating the amount of the judgment and the amount owing on it at the date of the petition.

      (d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of any of them as were found under the execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) He and the division have made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.

      (f) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      Sec. 5.  1.  The administrator may answer and defend any action against the fund in the name of the defendant and may use any appropriate method of review on behalf of the fund.

      2.  The judgment set forth in the petition must be considered as prima facie evidence only and the findings of fact in it are not conclusive for the purposes of this chapter.

      3.  The administrator may, subject to court approval, compromise a claim based upon the application of the judgment creditor. He shall not be bound by any prior compromise of the judgment debtor.

      Sec. 6.  1.  Whenever multiple claims against a licensee are filed against the fund and they exceed in the aggregate $100,000, the maximum liability of the fund for the licensee must be distributed among the claimants in the ratio that their respective claims bear to the total of all claims, or in any other manner that the court may find equitable.

      2.  The distribution must be made without regard to the order of priority in which the claims were filed or judgments entered.

      3.  Upon the petition of the administrator, the court may require all claimants and prospective claimants to be joined in one action so that the respective rights of all claimants may be equitably determined.

      4.  If, at any time, the money deposited in the fund is insufficient to satisfy any authorized claim or portion of a claim, the administrator shall, when sufficient money has been deposited in the fund, satisfy the unpaid claims or portions thereof, in the order that the claims or portions thereof were originally filed, plus accumulated interest at the rate of 6 percent per annum.


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

ê1981 Statutes of Nevada, Page 1851 (Chapter 738, AB 25)ê

 

were originally filed, plus accumulated interest at the rate of 6 percent per annum.

      Sec. 7.  After the hearing, if the court finds that a claim may be made against the fund, the court shall enter an order directing the administrator to pay from the fund an amount within the limitations set by sections 4 and 6 of this act.

      Sec. 8.  When the administrator has paid from the fund any sum to the judgment creditor, the administrator is subrogated to all other rights of the judgment creditor and the judgment creditor shall assign all his right, title and interest in the judgment to the administrator and any amount and interest so recovered by the administrator on the judgment must be deposited in the fund.

      Sec. 9.  The failure of a person to comply with any of the provisions of sections 2 to 12, inclusive, of this act constitutes a waiver of any rights under those sections.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  If the administrator pays any amount in settlement of a claim or towards satisfaction of a judgment against a licensee from the fund for education and recovery relating to mobile homes the license will be automatically suspended upon the effective date of an order by the court authorizing payment from the fund. A licensee may not be granted reinstatement until he has repaid in full, plus interest at the rate of 12 percent per annum, the amount paid from the fund on his behalf. Interest is to be computed from the date payment from the fund is made.

      Sec. 12.  Nothing contained in sections 2 to 12, inclusive, of this act limits the authority of the administrator to take disciplinary action against a licensee for a violation of any of the provisions of this chapter or of the regulations of the division, nor does the repayment in full of obligations to the fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of this chapter or the regulations adopted under it.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  1.  If any person to whom the administrator has directed a subpena refuses to attend, testify or produce evidence which the subpena requires, the administrator may present a petition to the district court for the judicial district in which the investigation or hearing is being carried on, setting forth that:

      (a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;

      (b) A subpena has been served on the witness or custodian of the evidence in sufficient time to enable him to comply with its provisions; and

      (c) The person has failed or refused to attend, to answer questions, or to produce evidence required by the subpena, and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpena.

      2.  When the district court receives a petition from the administrator, it shall order the person to whom the subpena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why he should not be held in contempt.


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

ê1981 Statutes of Nevada, Page 1852 (Chapter 738, AB 25)ê

 

not be held in contempt. A certified copy of the order must be served on the person to whom the subpena was directed.

      3.  If it appears to the court that the subpena was properly issued by the administrator and that there is not sufficient reason that the person failed or refused to appear, the court shall order the person to appear at the time and place fixed by the court and to testify or produce the required evidence. If the person fails to comply with the order of the court, he must be punished as for a contempt of court.

      Sec. 16.  1.  Whenever the administrator finds a violation of this chapter or of the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee, or of any regulation adopted pursuant to this chapter, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken. If the person is alleged to have violated the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee, the notice of violation must specify that the fee be repaid in full, and any other corrective action which the administrator deems necessary.

      2.  If the person to whom a notice of violation is directed fails to take the corrective action required, the administrator may:

      (a) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance;

      (b) Request the district attorney of the county in which the violation is alleged to have occurred to prosecute the person for the violation; or

      (c) If the person is alleged to have violated the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee, assess a penalty against the person equal to three times the amount of the fee which was charged or received. The assessment of a penalty pursuant to this paragraph is a contested case.

      3.  Any person who is found to have violated a provision of this chapter, the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee, or a regulation adopted pursuant to this chapter, is liable for the cost incurred by the division in enforcing the provision.

      Sec. 17.  NRS 489.145 is hereby amended to read as follows:

      489.145  “Serviceman” means a person who owns or is the responsible managing employee of a business which installs or repairs [electrical or plumbing fixtures, devices or appliances] awnings, roofing or skirting on or in mobile homes or commercial coaches, except:

      1.  Any person employed by a licensed manufacturer; and

      2.  The owner or purchaser of a mobile home or commercial coach.

      Sec. 18.  NRS 489.231 is hereby amended to read as follows:

      489.231  1.  In order to carry out the provisions of this chapter, the administrator may:

      (a) Issue subpenas for the attendance of witnesses or the production of books, papers and documents; and

      (b) Conduct hearings.

      2.  The administrator may apply for and receive grants from the United States Secretary of Housing and Urban Development for developing and carrying out a plan for enforcement and administration of federal standards of mobile home safety and construction [standards for] respecting mobile homes offered for sale or lease in this state.


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

ê1981 Statutes of Nevada, Page 1853 (Chapter 738, AB 25)ê

 

federal standards of mobile home safety and construction [standards for] respecting mobile homes offered for sale or lease in this state.

      3.  The administrator may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of the state plan for administration and enforcement of federal standards of mobile home safety and construction [standards] in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

      4.  The administrator may make inspections, approve plans and specifications, provide technical services, issue certificates and labels of compliance, collect fees provided for in this chapter and adopt regulations necessary to carry out his duties under this chapter if no federal agency is performing adequate inspections.

      5.  The administrator or his representative may enter, at reasonable times and without notice, any mobile home park or dealer’s place of business or any factory, warehouse or establishment in which mobile homes are manufactured, stored or held for sale and inspect at reasonable times in a reasonable manner the premises and books, papers, records and document which are relevant to the manufacture and sale of mobile homes and compliance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) [. A district court] and to compliance by landlords of mobile home parks with the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee. A magistrate shall issue a warrant to permit an inspection if the administrator has shown:

      (a) Evidence that a violation of a provision of this chapter or of the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee has been committed or is being committed; or

      (b) That the business has been chosen for an inspection on the basis of a general administrative plan for the enforcement of the provisions of this chapter.

      Sec. 19.  NRS 489.311 is hereby amended to read as follows:

      489.311  [1.]  Except as provided by NRS 489.331, no person may engage in the business of a new or used mobile home dealer, manufacturer, rebuilder, serviceman or installer of a mobile home or commercial coach in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealer’s, manufacturer’s, rebuilder’s, serviceman’s or installer’s license by the division.

      [2.  The division shall investigate any applicant for a license and complete an investigation report on a form provided by the division.]

      Sec. 20.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  Applications for a manufacturer’s, dealer’s, rebuilder’s, serviceman’s or installer’s license must be filed upon forms supplied by the division, and the applicant shall furnish:

      (a) Any proof the division may deem necessary that the applicant is a manufacturer, dealer, rebuilder, serviceman or installer.

      (b) Any proof the division may require that the applicant has an established place of business for the sale and display of mobile homes in the state.


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

ê1981 Statutes of Nevada, Page 1854 (Chapter 738, AB 25)ê

 

      (c) Any proof the division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.

      (e) In the case of a dealer of new mobile homes, an instrument in the form prescribed by the division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      [(d)](f) In the application is for a license as a manufacturer, dealer or rebuilder, a good and sufficient bond in the amount of $10,000, the surety for which is a corporation licensed to do business as a surety in this state, which has been approved as to form by the attorney general. The bond must be conditioned on the conduct of business by the applicant without fraud or fraudulent misrepresentation and without violation of any provision of this chapter, including fraud or violation by salesmen of dealers and rebuilders acting within the scope of employment, and must provide that any person injured by an action of the dealer, rebuilder, manufacturer or salesman may bring an action on the bond.

      [(e)](g) In lieu of a bond, an applicant or licensee may deposit with the state treasurer, under terms prescribed by the division:

             (1) A like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value [of] not less than the amount fixed by the division; or

             (2) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada which indicates an account of an amount equal to the amount of the required bond, and which indicates that the amount cannot be withdrawn except upon order of the division. Interest earned on the account accrues to the applicant or licensee.

      [(f)](h) A reasonable fee fixed by regulation.

      [(g)](i) Any additional requirements the division may from time to time prescribe by regulation.

      2.  [Upon receipt of an application and when satisfied that the applicant is entitled to it,] Within 60 days after receipt of a complete application, the division shall issue or deny the license.

      3.  The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the division shall issue to the applicant a dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s license certificate containing the applicant’s name and the address of his fixed place of business.

      [3.]  4.  Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.

      Sec. 21.  NRS 489.341 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 1855 (Chapter 738, AB 25)ê

 

      489.341  1.  A person may not [engage in the activity of] act as a salesman of a mobile home or commercial coach in this state or as a responsible managing employee for a person who sells, leases, reconstructs, improves, repairs or installs any mobile home or commercial coach subject to the provisions of this chapter without first having received a license from the division. Before issuing such a license, [to engage in the activity of a salesman,] the division shall require:

      (a) An application, signed and verified by the applicant, stating that [the applicant is to engage in the activity of a salesman, his residence] he desires to act as a salesman or responsible managing employee and providing his residential address [,] and the name and address of his employer.

      (b) Proof of the employment of the applicant by a licensed dealer or rebuilder at the time the application is filed.

      (c) Proof of the applicant’s good character and reputation and of his fitness to act as a salesman or responsible managing employee.

      (d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.

      (e) A statement as to whether any previous application of the applicant has been denied or license revoked.

      [(d)](f) Payment of a reasonable license fee established by regulation.

      [(e)](g) Any other information the division deems necessary.

      2.  Within 60 days after receipt of a complete application, the division shall issue or deny the license.

      3.  The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensee’s name and the address of his employer’s place of business.

      4.  Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.

      [3.  A salesman] 5.  A person licensed pursuant to this section may not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer [or rebuilder.] , rebuilder, serviceman or installer.

      [4.  A salesman’s] 6.  A license issued under this section may be transferred to another [dealer or rebuilder] licensed employer upon application and the payment of a transfer fee of $2. When a salesman or responsible managing employee holding a current [salesman’s] license leaves the employment of one dealer [or rebuilder] , rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the [salesman’s license to his dealership or rebuilding business] license if the transfer is completed within 10 days.


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

ê1981 Statutes of Nevada, Page 1856 (Chapter 738, AB 25)ê

 

      [5.  A salesman’s license] 7.  A license issued pursuant to this section must be posted in a conspicuous place on the premises of the [dealer or rebuilder] employer for whom he is licensed to sell mobile homes or commercial coaches.

      [6.]  8.  If a salesman or responsible managing employee ceases to be employed by a licensed dealer [or rebuilder,] , rebuilder, serviceman, or installer, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act [as a salesman shall thereupon immediately cease,] in that capacity immediately ceases, and he shall not engage in [the activity of a salesman] such an activity until reemployed by a licensed dealer [or rebuilder.] , rebuilder, serviceman or installer. Every licensed salesman and responsible managing employee shall report in writing to the division every change in his place of employment, or termination of employment within 5 days of the date of making the change.

      Sec. 22.  NRS 489.351 is hereby amended to read as follows:

      489.351  The [division may] administrator shall require an oral or written [examinations of the applicants for an installer’s, salesman’s or serviceman’s license.] examination of each applicant for a license as a dealer, responsible managing employee, installer, salesman or serviceman.

      Sec. 23.  NRS 489.571 is hereby amended to read as follows:

      489.571  1.  Whenever a security interest is created in a mobile home or commercial coach, the certificate of ownership must be delivered to the division with a statement signed by the debtor showing the date of the security agreement, the names and addresses of the debtor and the secured party.

      2.  The division shall issue to the secured party a certificate of ownership with the name and address of the secured party and the name and address of the registered owner noted on it.

      3.  When the contract or terms of the security agreement have been fully performed, the seller or other secured party who holds the certificate of ownership shall deliver the certificate to the person legally entitled to it with proper evidence of the termination or release of the security interest.

      Sec. 24.  NRS 118.270 is hereby amended to read as follows:

      118.270  The landlord or his agent or employee shall not:

      1.  Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.

      2.  Charge or receive:

      (a) Any entrance or exit fee [to a tenant] for assuming or leaving occupancy of a mobile home lot.

      (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home within the mobile home park even if the mobile home is to remain within the park, unless the landlord has acted as the mobile home owner’s agent in the sale pursuant to a written contract.

      (c) Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection 6.


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

ê1981 Statutes of Nevada, Page 1857 (Chapter 738, AB 25)ê

 

      (d) Any fee for the tenant’s spouse or children other than as provided in the lease.

      (e) Any unreasonable fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

      3.  Increase rent or service fees unless:

      (a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly situated or, if it is a service fee, to a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and

      (b) Written notice advising a tenant of the increase is sent to the tenant 60 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants on or before commencement of their tenancy.

      4.  Deny any tenant the right to sell his mobile home within the park or require the tenant to remove the mobile home from the park solely on the basis of such sale, except as provided in NRS 118.280.

      5.  Prohibit any tenant desiring to sell his mobile home within the park from advertising the location of the mobile home and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the mobile home.

      6.  Prohibit any meetings held in the park’s community or recreation facility by the tenants or occupants of any mobile home in the park to discuss mobile home living and affairs, or any tenant-sponsored political meeting, if such meetings are held at reasonable hours and when the facility is not otherwise in use.

      7.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

      8.  Require that he be an agent of an owner of a mobile home who desires to sell the mobile home.

      9.  Unless prohibited by a written lease or a general rule or regulation of the park if there is no written lease, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.

      Sec. 25.  NRS 361.244 is hereby amended to read as follows:

      361.244  1.  A mobile home, as defined in NRS 361.561, [constitutes] is eligible to become real property if the running gear is removed and:

      (a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home; or

      (b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.

      2.  A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. That assessor shall not place a mobile home on the tax roll until:


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

ê1981 Statutes of Nevada, Page 1858 (Chapter 738, AB 25)ê

 

      (a) He has received verification from the manufactured housing division of the department of commerce that there is no security interest in the mobile home;

      (b) Holders of security interests have agreed in writing to the conversion of the mobile home to real property;

      (c) The dealer or owner has delivered to the division all documents relating to the mobile home in its former condition as personal property; or

      (d) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorder’s office of the county in which the mobile home is located.

      3.  Factory-built housing, as defined in NRS 461.080, constitutes real property if:

      (a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing; or

      (b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the factory-built housing classified as real property.

      Sec. 26.  Each person who holds a dealer’s, installer’s, salesman’s or serviceman’s license on July 1, 1981, must take and pass the examination provided for in NRS 489.351 before his license may be renewed.

      Sec. 27.  There is hereby appropriated from the manufactured housing fund created by NRS 489.491 to the fund for education and recovery relating to mobile homes created by section 2 of this act the sum of $130,000.

      Sec. 28.  Sections 18 and 24 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 739, AB 68

Assembly Bill No. 68–Assemblymen Price, Barengo, Westall and Polish

CHAPTER 739

AN ACT relating to interest on money; providing a higher rate of interest for judgments, claims against estates, liens and certain contracts that do not fix a rate of interest; 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 17.130 is hereby amended to read as follows:

      17.130  1.  In all judgments and decrees, rendered by any court of justice, for any debt, damages or costs, and in all executions issued thereon; the amount [shall] must be computed, as near as may be, in dollars and cents, rejecting smaller fractions, and no judgment, or other proceedings, may be considered erroneous for that omission.

      2.  When no rate of interest is provided by contract or otherwise by law, or specified in the judgment, the judgment draws interest at the rate of [8] 12 percent per annum from the time of service of the summons and complaint until satisfied, except for any amount representing future damages, which draws interest at that rate only from the time of the entry of the judgment until satisfied.


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ê1981 Statutes of Nevada, Page 1859 (Chapter 739, AB 68)ê

 

damages, which draws interest at that rate only from the time of the entry of the judgment until satisfied.

      Sec. 2.  NRS 37.175 is hereby amended to read as follows:

      37.175  1.  The plaintiff shall pay interest on the final judgment at the rate of [8] 12 percent per annum, but shall not pay interest on any sum deposited pursuant to the provisions of NRS 37.100 or 37.170.

      2.  [Such interest shall run] The interest runs from the date of entry of judgment or, if the plaintiff has occupied the property of the defendant pursuant to the provisions of NRS 37.100, from the date fixed by order on which the plaintiff was entitled to [such] occupancy, until the final judgment is satisfied.

      Sec. 3.  NRS 99.040 is hereby amended to read as follows:

      99.040  When there is no express contract in writing fixing a different rate of interest, interest [shall] must be allowed at the rate of [8] 12 percent per annum upon all money from the time it becomes due, in the following cases:

      1.  Upon contracts, express or implied, other than book accounts.

      2.  Upon the settlement of book or store accounts from the day on which the balance is ascertained.

      3.  Upon money received to the use and benefit of another and detained without his consent.

      4.  Upon wages or salary, if it is unpaid when due, after demand therefor has been made.

      Sec. 4.  NRS 108.237 is hereby amended to read as follows:

      108.237  1.  Any number of persons claiming liens may join in the same action. When separate actions are commenced the court may consolidate them.

      2.  The court may also allow interest at the rate of [7] 12 percent per annum on the amount of the lien found payable, such interest to accrue and be payable from the date that the payment is found to have been due, and may allow, as part of the costs, the money paid for recording the lien.

      3.  The court shall also allow to the prevailing party reasonable attorney’s fees for the preparation of the lien and for representation of the lien claimant in the action.

      Sec. 5.  NRS 147.220 is hereby amended to read as follows:

      147.220  All claims paid [shall] bear interest from date of filing at the rate of [8] 12 percent per annum unless a different rate is applicable by contract or otherwise.

      Sec. 6.  The provisions of sections 1, 2 and 4 of this act apply to all causes of action which arise on or after July 1, 1981.

 

__________


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

ê1981 Statutes of Nevada, Page 1860ê

 

CHAPTER 740, AB 71

Assembly Bill No. 71–Assemblymen Price, Barengo, Westall, Polish and Bremner

CHAPTER 740

AN ACT relating to the business of insurance; authorizing the commissioner of insurance to adopt regulations which provide limitations on the disclosure of personal information about certain persons and prescribe procedures for obtaining information and for correcting, amending and deleting personal information; 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 679B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The commissioner may adopt regulations which provide in substance the same protections to purchasers, prospective purchasers, holders and former holders of policies and other evidence of insurance as are provided in the Insurance Information and Privacy Protection Model Act, as amended in December 1980, of the National Association of Insurance Commissioners.

      Sec. 2.  This act shall become effective on July 1, 1982.

 

__________

 

 

CHAPTER 741, AB 74

Assembly Bill No. 74–Committee on Elections

CHAPTER 741

AN ACT relating to elections; providing for special polling places for certain voters; 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 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  When the eligibility of a voter to vote in a general election is successfully challenged solely on the basis of a change of residence within the county, the election judges shall issue a statement to the voter on a form provided by the secretary of state which contains:

      (a) The name of the voter;

      (b) The address which appears on the record of voter registration;

      (c) The address at which the voter actually resides;

      (d) The signatures of the election judges who issued the statement; and

      (e) Other information which the secretary of state deems necessary to carry out the provisions of this section.

      2.  The registrar of voters of each county shall maintain a special polling place in his office during each general election. The ballots for the special polling place must contain provisions for voting for any of the following offices and questions if an election is being held for the offices and questions, and no others:

 


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

ê1981 Statutes of Nevada, Page 1861 (Chapter 741, AB 74)ê

 

the following offices and questions if an election is being held for the offices and questions, and no others:

      (a) President and Vice President of the United States;

      (b) United States Senator;

      (c) All state officers for whom all voters in the state may vote; and

      (d) Questions which have been submitted to all of the voters of the state.

      3.  When a person comes to the office of the registrar of voters and presents a properly prepared statement issued pursuant to subsection 1, the registrar of voters shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.

      4.  The secretary of state shall provide by regulation for:

      (a) Forms for statements; and

      (b) The counting of ballots voted at a special polling place.

      Sec. 2.  NRS 10.020 is hereby amended to read as follows:

      10.020  [The] Unless otherwise provided by specific statute, the legal residence of a person with reference to his right of naturalization, right to maintain or defend any suit at law or in equity, or any other right dependent on residence, is that place where he [shall have] has been [actually,] physically [and corporeally] present within the state or county, as the case may be, during all of the period for which residence is claimed by him. Should any person absent himself from the jurisdiction of his residence with the intention in good faith to return without delay and continue his residence, the time of such absence [shall not be] is not considered in determining the fact of [such] residence.

 

__________

 

 

CHAPTER 742, AB 109

Assembly Bill No. 109–Assemblymen Hayes, Bremner, Price and Westall

CHAPTER 742

AN ACT relating to motor vehicles; providing for suspension of operating privileges and registration for failure to maintain proof of financial responsibility; making certain other changes relating to proof of financial responsibility; revising provisions for judicial review; raising the amount of damage above which an accident report is required; 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 485 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Registered owner” means a person whose name appears in the records of the registration division of the department of motor vehicles as the person to whom the vehicle is registered.

      Sec. 3.  The department of motor vehicles shall suspend the operating privileges and registration of any person convicted of violating NRS 485.185.


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

ê1981 Statutes of Nevada, Page 1862 (Chapter 742, AB 109)ê

 

485.185. Those operating privileges and registration must remain suspended until he shows proof of financial responsibility as set forth in NRS 485.307. He shall maintain proof of financial responsibility for 3 years after the reinstatement of his operating privileges and registration in accordance with the provisions of this chapter, and if he fails to do so those operating privileges and registration must again be suspended.

      Sec. 4.  NRS 485.020 is hereby amended to read as follows:

      485.020  [When] As used in this chapter, unless the context otherwise requires, the words and phrases in NRS 485.033 to 485.120, inclusive, [shall, for the purposes of this chapter,] and section 2 of this act, have the meanings [respectively] ascribed to them in [NRS 485.033 to 485.120, inclusive, except in those instances where the context clearly indicates a different meaning.] those sections.

      Sec. 5.  NRS 485.140 is hereby amended to read as follows:

      485.140  [1.]  Any person aggrieved by [an order or act of the division, under the provisions of NRS 485.185 to 485.300, inclusive, may, within 10 days after notice thereof, file a petition in the district court of Carson City for a trial de novo to determine whether the order or act is lawful and reasonable. The filing of such a petition does not suspend the order or act of the division unless a stay thereof is allowed by a judge of the district court pending final determination of the matter.

      2.  The court shall summarily hear the petition and may make any appropriate order or decree.] a final decision in a contested case before the division under this chapter must file a petition in the appropriate district court within 10 days after the decision is rendered to be entitled to judicial review of the decision.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 485.185 is hereby amended to read as follows:

      485.185  1.  Every registered owner of a motor vehicle registered [or required to be] in this state and every owner of a motor vehicle which is not registered in this state as required, shall continuously provide with respect to the motor vehicle while it is either present or registered in this state, by a contract of insurance or by qualifying as a self-insurer, security in the amounts set for in NRS 485.105 as proof of financial responsibility for payment of tort liabilities, arising from maintenance or use of the motor vehicle.

      2.  Security may be provided by a contract of insurance or by qualifying as a self-insurer in compliance with this chapter.

      3.  Whenever an application for a driver’s license or for registration of a vehicle is made by a person required to maintain proof of financial responsibility by the state of his prior residency, he must file proof with the division of his financial responsibility before he may obtain a license, and maintain it for the period of time which that state requires. If he does not so maintain it, his license and registration must be suspended.

      Sec. 8.  NRS 485.190 is hereby amended to read as follows:

      485.190  1.  If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of [$250,] $350, the division does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall upon request set the matter [down] for a hearing as provided in NRS 485.191.


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

ê1981 Statutes of Nevada, Page 1863 (Chapter 742, AB 109)ê

 

finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the division shall upon request set the matter [down] for a hearing as provided in NRS 485.191.

      2.  The division shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if [such] the owner is a nonresident, the privilege of the use within this state, of any motor vehicle owned by him, unless [such] the operator or owner or both [shall] deposit security in the sum so determined by the division. Notice of such a suspension [shall] must be sent by the division to [such] the operator and owner not less than 10 days [prior to] before the effective date of [such] the suspension and [shall] must state the amount required as security. Where erroneous information is given the division with respect to the matters set forth in subsections 1, 2 or 3 of NRS 485.200, the division shall take appropriate action as [hereinbefore] provided in this section after it receives correct information with respect to [such] those matters.

      Sec. 9.  NRS 485.191 is hereby amended to read as follows:

      485.191  1.  Any operator or owner who was involved in an accident, and at the time of [such] the accident did not have [an automobile] a liability insurance policy in effect [,] for the motor vehicle involved, or who is not otherwise exempt from the requirements of depositing security by the provisions of NRS 485.200, [shall have the right] is entitled to a hearing before the director or his representative [prior to] before a determination of the amount of security required pursuant to NRS 485.190, and [prior to] before the suspension of [such person’s] his operator’s license or registration as provided in subsection 2 of NRS 485.190. The hearing [shall] must be held in the county of residence of [such] the operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing [shall] must be held in the county which will be the most convenient for the [subpena] summoning of witnesses.

      2.  The owner or operator [shall] must be given at least 30 days’ notice of the hearing in writing with a brief explanation of the proceedings to be taken against him and the possible consequences of a determination adverse to [such operator or owner.] him.

      3.  If the operator or owner desires a hearing, he shall, within [30] 15 days, notify the division in writing of his intention. If [such person] he does not send [such] this notice within the [30] 15 days, he waives his right to a hearing; provided, the director may for good cause shown permit the owner a later opportunity for a hearing.

      Sec. 10.  NRS 485.200 is hereby amended to read as follows:

      485.200  The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:

      1.  To the operator or owner if he had in effect at the time of the accident [an automobile] a liability policy with respect to the motor vehicle involved in the accident;


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

ê1981 Statutes of Nevada, Page 1864 (Chapter 742, AB 109)ê

 

      2.  To the operator, if not the owner of the motor vehicle, if there was in effect at the time of the accident [an automobile] a liability policy or bond with respect to his operation of motor vehicles not owned by him;

      3.  To the operator or owner if his liability for damages resulting from the accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;

      4.  To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for [such] the self-insured;

      5.  To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than [such] the operator or owner;

      6.  To the operator or the owner of a motor vehicle legally parked at the time of the accident;

      7.  To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating the motor vehicle without [such] permission; or

      8.  If, [prior to] before the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege under NRS 485.190, there is filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

      Sec. 11.  NRS 485.230 is hereby amended to read as follows:

      485.230  1.  The license and registration and nonresident’s operating privilege suspended as provided in NRS 485.190 [shall] must remain so suspended and [shall] may not be renewed nor [shall] may any [such] license or registration be issued to any such person until:

      [1.  Such person shall deposit or there shall be] (a) He deposits or there is deposited on his behalf the security required under NRS 485.190; [or

      2.  One year shall] (b) Two years have elapsed following the date of [such suspension] the accident and evidence satisfactory to the division has been filed with it that during [such] that period no action for damages arising out of the accident has been instituted; or

      [3.]  (c) Evidence satisfactory to the division has been filed with it of a release from liability, or a final adjudication of nonliability, or a duly acknowledged written agreement, in accordance with NRS 485.190. [; but if there shall be]

      2.  Upon any default in the payment of any installment under any duly acknowledged written agreement, [then,] and upon notice of [such] the default, the division shall [forthwith] suspend the license and registration or nonresident’s operating privilege of [such] the person defaulting, which [shall] may not be restored [unless and] until:

      (a) [Such] The person deposits and thereafter maintains security as required under NRS 485.190 in such amount as the division may then determine; or

 


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ê1981 Statutes of Nevada, Page 1865 (Chapter 742, AB 109)ê

 

required under NRS 485.190 in such amount as the division may then determine; or

      (b) One year [shall have] has elapsed following the date [when such security was required] of default, or 2 years following the date of the accident, whichever is greater, and during [such] that period no action upon [such] the agreement has been instituted in a court in this state. [Proof of ability to respond in damages in the manner described in NRS 485.307 shall be]

      3.  Proof of financial responsibility, as set forth in NRS 485.307, is an additional requirement for reinstatement of the operator’s license and motor vehicle registrations under this [paragraph. The duration of such proof shall be] section. He shall maintain proof of financial responsibility for 3 years from the date of reinstatement of the license [and shall be] in accordance with the provisions of this chapter [.] and if he fails to do so the license and registrations must again be suspended.

      Sec. 12.  NRS 485.270 is hereby amended to read as follows:

      485.270  [Such security shall be] Security deposited in compliance with the requirements of this chapter is applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made for damages arising out of the accident in question in an action at law, begun not later than [1 year after the date of such] 2 years after the date of the accident or within 1 year after the date of deposit of any security under [subsection 3 of] NRS 485.230, whichever period is longer, or to the payment in settlement, agreed to by the depositor, of a claim or claims arising out of [such] the accident.

      Sec. 13.  NRS 485.280 is hereby amended to read as follows:

      485.280  [Such] A deposit or any balance thereof [shall] must be returned to the depositor or his personal representative when evidence satisfactory to the division has been filed with it that there has been a release from liability, or a final adjudication of nonliability, or a duly acknowledged agreement, in accordance with subsection 8 of NRS 485.200, or [whenever, after the expiration of 1 year from] if 2 years after the date of the accident or 1 year from the date of deposit of any security under [subsection 3 of] NRS 485.230, whichever period is longer, the division [shall be] is given reasonable evidence that there is no [such] action pending and no judgment rendered in such an action left unpaid.

      Sec. 14.  NRS 485.385 is hereby amended to read as follows:

      485.385  Whenever the division has taken any action or has failed to take any action under this chapter by reason of having received erroneous information or by reason of having received no information, then upon receiving correct information within [1 year] 2 years after the date of the accident the division shall take appropriate action to carry out the purposes and effect of this chapter. The foregoing [shall not, however, be deemed to] does not require the division to reevaluate the amount of any deposit required under this chapter.

      Sec. 15.  NRS 484.229 is hereby amended to read as follows:

      484.229  1.  Except as provided in subsection 2, the driver of a vehicle which is in any manner involved in an accident, resulting in bodily injury to or death of any person or total damage to any vehicle or item of property to an apparent extent of [$250] $350 or more, shall, within 10 days after the accident, forward a written report of the accident to the department of motor vehicles.


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

ê1981 Statutes of Nevada, Page 1866 (Chapter 742, AB 109)ê

 

injury to or death of any person or total damage to any vehicle or item of property to an apparent extent of [$250] $350 or more, shall, within 10 days after the accident, forward a written report of the accident to the department of motor vehicles. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this state, an adjuster licensed under chapter 684A of NRS, or a motor vehicle physical damage appraiser licensed under chapter 684B of NRS. The department may require the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the department.

      2.  The driver of a vehicle subject to the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.

      3.  A written accident report is not required under this chapter from any person who is physically incapable of making a report, during the period of his incapacity.

      4.  Whenever the driver is physically incapable of making a written report of an accident as required in this section and he is not the owner of the vehicle, the owner shall within 10 days after knowledge of the accident make the report not made by the driver.

      5.  All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the department or other state agencies having use of the records for accident prevention purposes, except that the department may disclose the identity of a person involved in an accident when his identity is not otherwise known or when he denies his presence at the accident.

      6.  No written report forwarded under the provisions of this section may be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. Such a report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.

      Sec. 16.  NRS 485.199 is hereby repealed.

      Sec. 17.  Sections 5 and 15 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________


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ê1981 Statutes of Nevada, Page 1867ê

 

CHAPTER 743, SB 350

Senate Bill No. 350–Committee on Government Affairs

CHAPTER 743

AN ACT relating to employees’ labor relations; revising the provisions for factfinding and mediation in labor disputes; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 288 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Commissioner” means the commissioner appointed by the board.

      Sec. 3.  Any request for the formation of a panel to determine whether the findings and recommendations of a factfinder must be final and binding must be filed no later than June 25 with the commissioner. The request must include:

      1.  A list of the issues which remain unresolved and the position of each party regarding those issues;

      2.  The requester’s assessment of the fiscal effect on the local government of the requester’s positions;

      3.  An outline of any previous factfinding between the parties, which includes any recommendations and awards of a factfinder and the actions of each party in response thereto;

      4.  A statement of whether the parties engaged in mediation regarding the current dispute;

      5.  A schedule of the dates and times set by the factfinder for the hearing; and

      6.  Any other information deemed necessary by the commissioner. Any person filing such a request shall give written notice of the request to the Nevada state board of accountancy and the State Bar of Nevada.

      Sec. 4.  1.  Within 5 days after receiving notice of such a request, the Nevada state board of accountancy and the State Bar of Nevada shall each submit to the commissioner and each party to the dispute a list of the names of five of their members who would serve on a panel and are not closely allied with any employee association or local government employer.

      2.  Within 8 days after receiving the lists, the parties shall choose one name from each list by alternately striking one name until the names of only one attorney and one accountant remain, who will each be a member of the panel. The parties shall choose the member from the list of accountants separately from their choice from the list of attorneys. The parties shall notify the commissioner of their selections and he shall notify the attorney and accountant selected.

      3.  Within 5 days after receiving notice of their selection, the attorney and accountant shall:

      (a) Choose the third member of the panel, who must:

             (1) Be willing to serve on the panel;

             (2) Be a resident of this state; and


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ê1981 Statutes of Nevada, Page 1868 (Chapter 743, SB 350)ê

 

             (3) Not be closely allied with any employee organization or local government employer.

      (b) Notify the commissioner of their choice, and the three members shall notify the commissioner of the dates before August 10 when they will all be available to attend hearings.

      4.  The commissioner shall serve as a nonvoting member and also as the chairman of the panel.

      5.  If the accountant or attorney selected to serve on the panel is unable to do so, the Nevada state board of accountancy or State Bar of Nevada shall designate a person to replace its nominee. If the person selected by the accountant and attorney is unable to serve, they shall designate a person to replace him. If the commissioner is unable to serve, the governor shall designate a person to serve in his capacity.

      Sec. 5.  Each person, except the commissioner, who serves on a panel formed pursuant to section 3 of this act is entitled to receive as compensation $150 for each day he is enegaged in the business of the panel and the expenses and allowances prescribed in NRS 281.160.

      Sec. 6.  NRS 288.020 is hereby amended to read as follows:

      288.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 288.025 to 288.075, inclusive, and section 2 of this act have the meanings ascribed to them in [such] those sections.

      Sec. 7.  NRS 288.180 is hereby amended to read as follows:

      288.180  1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of that desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give notice on or before February 1.

      2.  Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested must be furnished without unnecessary delay. The information must be accurate, and must be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept.

      3.  The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.

      4.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

      Sec. 8.  NRS 288.190 is hereby amended to read as follows:

      288.190  [1.  The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.

      2.  If the parties do not agree by March 1, or if either party fails to follow the procedures agreed upon, and if the parties have not agreed on all substantive issues, the parties may select a mediator.]


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ê1981 Statutes of Nevada, Page 1869 (Chapter 743, SB 350)ê

 

on all substantive issues, the parties may select a mediator.] Except in cases to which NRS 288.205 and 288.215 apply:

      1.  After April 1 and before June 1, either party involved in negotiations may request a mediator. If the parties cannot agree upon a mediator, the labor commissioner shall [appoint a disinterested person to act as mediator.] submit to the parties a list of seven potential mediators. The parties shall select their mediator, on or before June 5, from the list by alternately striking one name until the name of only one mediator remains, who will be the mediator to hear the dispute. The employee organization shall strike the first name.

      2.  The mediator shall bring the parties together as soon as possible and, unless otherwise agreed upon by the parties, attempt to settle the dispute [but has no power to compel them to agree. The mediator] no later than June 30. He may establish the times and dates for meetings and compel the parties to attend [.] but has no power to compel the parties to agree.

      3.  The local government employer and employee organization each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.

      4.  If the dispute is submitted to a mediator and then submitted to a factfinder, the mediator must, before July 11, give to the commissioner of the board a report of the efforts made to settle the dispute.

      Sec. 9.  NRS 288.200 is hereby amended to read as follows:

      288.200  Except in cases to which NRS 288.205 and 288.215 apply:

      1.  If [by April 25, the parties] :

      (a) The parties have participated in mediation and by May 1, have not reached agreement [, either party,] ; or

      (b) The bargaining unit represented by the employee organization contains fewer than 30 persons,

either party to the dispute, at any time up to [May 25,] June 1, may submit the dispute to an impartial factfinder for his findings and recommendations. [These] His findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and 9. The mediator of a dispute may also be chosen by the parties to serve as the factfinder.

      2.  If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.

      3.  The local government employer and employee organization each shall pay one-half of the cost of factfinding. Each party shall pay its own costs of preparation and presentation of its case in factfinding.

      4.  A schedule of dates and times for the hearing must be established before June [15. The] 20 and the factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.

      5.  The parties to the dispute may agree, before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.


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ê1981 Statutes of Nevada, Page 1870 (Chapter 743, SB 350)ê

 

the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.

      6.  If the parties do not agree on whether to make the findings and recommendations of the factfinder final and binding, [the governor has the emergency power and authority, at the request of either party and before the submission of the dispute to factfinding, to order before June 1, that] either party may request the formation of a panel to determine whether the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 are to be final and binding. [In a regular legislative year, in cases involving school districts, the governor may exercise his authority under this subsection within 10 days after the adjournment of the legislature sine die. The governor shall exercise this authority on a case by case consideration and on the basis of his evaluation regarding] The determination must be made upon the concurrence of at least two members of the panel and not later than August 10 unless that date is extended by the commissioner of the board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous factfinding between these parties, the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the state or a political subdivision.

      7.  Except as provided in subsection 8, any factfinder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:

      (a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      (b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute.

The factfinder’s report must contain the facts upon which he based his determination of financial ability to grant monetary benefits and his recommendations or award.

      8.  Any [reasonable and adequate] sum of money [necessary to insure against the risk undertaken] which is maintained in a [self-insurance reserve or] fund whose balance is required by law to be:

      (a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or

      (b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,

must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the factfinder.


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

ê1981 Statutes of Nevada, Page 1871 (Chapter 743, SB 350)ê

 

      9.  The issues which may be included in [the governor’s] a panel’s order pursuant to subsection 6 are:

      (a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and

      (b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.

This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.

      Sec. 10.  Section 6 of chapter 462, Statutes of Nevada 1977, at page 918, is hereby amended to read as follows:

 

       Sec. 6.  The provisions of sections 2 and 3 of this act expire by limitation on July 1, [1981,] 1985, but any collective bargaining for the fiscal year beginning July 1, [1981,] 1985, begun before that date shall be completed pursuant to those sections.

 

      Sec. 11.  The commissioner of the local government employee-management relations board shall:

      1.  Study the effects of the Local Government Employee-Management Relations Act upon collective bargaining;

      2.  Collect and assemble statistics and information regarding and comparing the various methods of collective bargaining provided for in that act;

      3.  Conduct his study according to guidelines set forth by the legislative commission when the legislature is not in session and by the legislature, by concurrent resolution, when the legislature is in session; and

      4.  Report his findings before February 15 of each year to:

      (a) The legislature in odd-numbered years; and

      (b) The legislative commission in even-numbered years.

      Sec. 12.  There is hereby appropriated from the state general fund to the interim finance committee the sum of $100,000 for the compensation and expenses of the members of any panel which acts pursuant to the provisions of NRS 288.200.

      Sec. 13.  Section 11 shall expire by limitation on July 1, 1985.

 

__________

 

 

CHAPTER 744, AB 138

Assembly Bill No. 138–Assemblymen Robinson, Barengo, Bremner, Rhoads, Banner and Hayes

CHAPTER 744

AN ACT relating to presidential electors; repealing the provisions for a presidential preference primary; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 293.205 is hereby amended to read as follows:

      293.205  [1.]  On or before the 1st Wednesday in July of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to 293.213, inclusive.


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ê1981 Statutes of Nevada, Page 1872 (Chapter 744, AB 138)ê

 

even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to 293.213, inclusive.

      [2.  On or before the 1st Wednesday in May in each year when a President of the United States is to be nominated and elected, the county clerk shall establish and define the boundaries of presidential primary election districts as provided in NRS 298.145.]

      Sec. 2.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The reserve for statutory contingency fund is hereby created as a trust fund.

      2.  The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:

      (a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, [298.155,] 353.120, 353.262, 412.154, and 475.235; and

      (b) The payment of claims which are obligations of the state under:

             (1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and

             (2) NRS 7.125, 176.223, 177.345, 179.225 and 213.153, but such claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes have been exhausted.

      Sec. 3.  NRS 298.095, 298.105, 298.115, 298.125, 298.135, 298.145, 298.155 and 298.165 are hereby repealed.

      Sec. 4.  Section 2 of this act shall become effective at 12:02 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 745, AB 444

Assembly Bill No. 444–Assemblymen Rusk, Jeffrey, Bennett and Chaney

CHAPTER 745

AN ACT relating to health care; regulating the practice of naturopathic healing; creating the board of naturopathic healing; providing for its organization, powers and duties; providing for licensing and disciplinary actions; requiring supervision by a physician; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 55, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Board” means the board of naturopathic healing.


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

ê1981 Statutes of Nevada, Page 1873 (Chapter 745, AB 444)ê

 

      Sec. 4.  “Gross malpractice” means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:

      1.  Ministering to a patient while the naturopath is under the influence of alcohol or any controlled substance as defined in chapter 453 of NRS;

      2.  Gross negligence;

      3.  Willful disregard of established naturopathic procedures; or

      4.  Willful and consistent use of naturopathic procedures, services or treatment considered by naturopath in the community to be inappropriate or unnecessary in the cases where used.

      Sec. 5.  “Healing art” means any system, treatment, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

      Sec. 6.  “Malpractice” means failure on the part of a naturopath to exercise the degree of care, diligence and skill ordinarily exercised by naturopaths in good standing in the community in which he practices.

      Sec. 7.  1.  “Naturopathic healing” means the philosophy, art and science of natural healing including the use of natural agencies, forces and substances, employing accepted procedures for diagnosis and treatment of human disorders and using diet and nutrition, including vitamins, fresh or dried herbs, minerals, enzymes and tissue concentrates and manual manipulation, including the physical, chemical and other properties of heat, light, water and electricity.

      2.  The term does not include the use of X-ray or radium treatments, major or minor surgery, obstetrics, prescribing drugs, or invasive procedures except venipuncture for the withdrawal of blood for diagnosis.

      Sec. 8.  “Naturopath” means a person who:

      1.  Is a graduate of an academic program approved by the board;

      2.  Has received from the board a license to practice naturopathic healing; and

      3.  Practices naturopathic healing under the supervision of a physician licensed under chapter 630 or 633 of NRS.

      Sec. 9.  “Professional incompetence” means lack of ability safely and skillfully to practice naturopathic healing, or to practice one or more of its specified branches, arising from:

      1.  Lack of knowledge or training;

      2.  Impaired physical or mental capability of the naturopath;

      3.  Indulgence in the use of alcohol or any controlled substance; or

      4.  Any other sole or contributing cause.

      Sec. 10.  “School of naturopathic healing” means a school approved by the board which:

      1.  Requires as a prerequisite to graduation 4 years of actual attendance at the school and successful completion of a curriculum which meets the requirements of this chapter; or

      2.  Requires as a prerequisite to graduation 1 year of post-graduate training for persons who have degrees from medical, osteopathic or chiropractic schools.

      Sec. 11.  1.  “Unprofessional conduct” includes:


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

ê1981 Statutes of Nevada, Page 1874 (Chapter 745, AB 444)ê

 

      (a) Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice naturopathic healing.

      (b) Failure of a licensee to designate his practice in the professional use of his name by using the term naturopath.

      (c) Directly or indirectly giving to or receiving from any person any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a naturopath in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.

      (d) Employing, directly or indirectly, any suspended or unlicensed person in the practice of naturopathic healing, or the aiding or abetting of any unlicensed person to practice naturopathic healing.

      (e) Advertising the practice of naturopathic healing in a manner which does not conform to the guidelines established by board regulation.

      (f) Engaging in any:

             (1) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical; or

             (2) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

      (g) Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, or any dangerous drug as defined in chapter 454 of NRS.

      (h) Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.

      (i) Performing, assisting or advising an abortion or in the injection of any liquid silicone substance into the human body.

      (j) Willful disclosure of a communication privileged under a statute or court order.

      (k) Willful disobedience of the regulations of the state board of health or of the board of naturopathic healing.

      (l) Willfully representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.

      (m) Using any designation other than as authorized in this chapter or representing himself as being in the practice of a healing art for which he is not licensed.

      (n) Practicing obstetrics, performing major or minor surgery or invasive procedures except venipuncture for the withdrawal of blood for diagnosis or using X-ray or radium treatments.

      (o) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.

      2.  It is not unprofessional conduct:

      (a) For persons holding valid licenses under this chapter to practice naturopathic healing in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or

 


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ê1981 Statutes of Nevada, Page 1875 (Chapter 745, AB 444)ê

 

partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association; or

      (b) For two or more persons holding valid licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.

      Sec. 12.  The purpose of licensing naturopaths is to protect the public health and safety and the general welfare of the people of this state. Any license issued pursuant to this chapter is a revocable privilege and a holder of such a license does not acquire thereby any vested right.

      Sec. 13.  All state and local governmental regulations relative to the reporting of births and deaths in any matter pertaining to the public health apply to naturopaths, but the reports of births and deaths shall be signed by the naturopath’s supervising physician.

      Sec. 14.  1.  This chapter does not apply to the practice of medicine under chapter 630 or 633 of NRS, dentistry, chiropractic, podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine or hearing aid fitting.

      2.  This chapter does not repeal or affect any law of this state regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of a person in cases of emergency.

      (b) The domestic administration of family remedies.

      Sec. 15.  1.  A naturopath may not practice naturopathic healing unless he is under the supervision of a physician licensed under chapter 630 or 633 of NRS.

      2.  Nothing in this chapter authorizes a naturopath to perform those functions and duties specifically delegated by law to physicians, dentists, nurses, osteopaths, chiropractors, practitioners of traditional Oriental medicine, podiatrists, optometrists, hearing aid specialists or physical therapists.

      Sec. 16.  1.  The board of naturopathic healing consists of five members appointed by the governor.

      2.  Three members of the board must:

      (a) Be licensed under this chapter, except the initial members who must be licensed as naturopaths in another state;

      (b) Be actually engaged in the practice of naturopathic healing in this state, except the initial members who must have been so engaged in another state; and

      (c) Have been so engaged in this state for more than 2 years preceding their appointment, except the initial members who must have been so engaged in another state.

      3.  One member must be a physician licensed under chapter 630 of NRS and a resident of Nevada.

      4.  The remaining member must be a resident of the State of Nevada:

      (a) Not licensed in any state to practice any healing art; and

      (b) Not actively engaged in the administration of any health and care facility.


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

ê1981 Statutes of Nevada, Page 1876 (Chapter 745, AB 444)ê

 

      5.  Before entering upon the duties of his office, each member of the board shall take:

      (a) The constitutional oath of office; and

      (b) An oath that he is legally qualified to serve on the board.

      6.  As used in this section “health and care facility” has the meaning ascribed to it in NRS 449.007.

      7.  Upon expiration of his term of office, a member must continue to serve until his successor is appointed and qualifies.

      8.  If a vacancy occurs on the board, a member is absent from the state for a period of 6 months or more without the board’s permission, or a member fails to attend meetings of the board or to the business of the board, as determined necessary in its discretion, the board shall notify the governor, and the governor shall appoint a person qualified under this chapter to replace the member or the remainder of the unexpired term.

      Sec. 17.  1.  The board shall elect from its members a president, a vice president and a secretary-treasurer, who hold their respective offices at its pleasure. The board may fix and pay a salary to the secretary-treasurer.

      2.  The board shall meet at least twice annually and may meet at other times on the call of the president or a majority of its members.

      3.  A majority of the board constitutes a quorum to transact all business.

      Sec. 18.  Each member of the board is entitled to receive:

      1.  A salary of not more than $40 per day, as fixed by the board, while engaged in its business.

      2.  Actual and necessary expenses for subsistence and lodging, not to exceed $25 per day, and for transportation, while traveling on the business of the board.

      Sec. 19.  The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.

      Sec. 20.  1.  All reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the fees which it receives, and no part of the salaries or expenses of the board may be paid out of the state general fund.

      2.  All money received by the board must be deposited in qualified banks or savings and loan associations in this state and paid out on its order for its expenses.

      Sec. 21.  The board may:

      1.  Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      2.  Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      Sec. 22.  1.  For the purposes of this chapter the secretary or president of the board may issue subpenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the secretary or president of the board may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;


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

ê1981 Statutes of Nevada, Page 1877 (Chapter 745, AB 444)ê

 

      (b) The witness has been subpenaed by the board pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the board which is named in the subpena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the board.

      3.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 23.  The board shall:

      1.  Adopt and enforce regulations necessary to enable it to carry out its duties under this chapter, including but not limited to regulations which establish the principles of ethics to be used as the basis for determining whether conduct which does not constitute malpractice is unethical.

      2.  Keep a record of its proceedings relating to licensing and disciplinary actions. The records must be open to public inspection at all reasonable times and must contain the name, known place of business and residence, and the date and number of the license of every naturopath licensed under this chapter.

      Sec. 24.  An applicant for a license to practice naturopathic healing must be issued a license by the board if he:

      1.  Is 21 years of age or older;

      2.  Is a citizen of the United States or is legally entitled to live and work in the United States;

      3.  Is a graduate of a school of naturopathic healing which is approved by the board;

      4.  Applies for the license;

      5.  Passes the examination prescribed by the board; and

      6.  Pays the fees provided for in this chapter.

      Sec. 25.  1.  Every applicant for a license shall:

      (a) File an application with the board in the manner prescribed by regulations of the board;

      (b) Submit verified proof satisfactory to the board that he meets the age, citizenship and educational requirements prescribed by this chapter; and

      (c) Pay in advance to the board the initial license fee prescribed by the board.

      2.  The board may hold hearings and conduct investigations into any matter related to the application and in addition to the proofs required by subsection 1 may take such further evidence and require such other documents or proof of qualifications as it deems proper.


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

ê1981 Statutes of Nevada, Page 1878 (Chapter 745, AB 444)ê

 

      3.  The board may reject an application if it determines that any credential submitted is false.

      Sec. 26.  1.  Examinations must be held at least twice a year at the time and place fixed by the board. All applicants must be notified in writing of the examinations.

      2.  The examinations must be fair and impartial, practical in character, and the questions must be designed to discover the applicant’s fitness.

      3.  The board may employ specialists and other professional consultants or examining services in conducting the examination.

      4.  The member of the board who is not licensed in any state to practice any healing art may not participate in preparing, conducting or grading any examination required by the board.

      Sec. 27.  The board may approve a school of naturopathic healing which:

      1.  Accepts only graduates of standard high schools and persons with equivalent education, and which offers a curriculum consisting of at least 4,500 hours of instruction, including adequate instruction in the following subjects:

      (a) Anatomy and histology;

      (b) Physiology and biology;

      (c) Organic chemistry, biochemistry, autotherapy, endocrinology, phytotherapy, dietetics and pharmacology;

      (d) Pathology, bacteriology, immunology and clinical laboratory procedures;

      (e) Diagnosis, including use of physical, clinical, X-ray and laboratory methods, and symptomatology;

      (f) Public health, first aid, hygiene, nutrition and sanitation;

      (g) Embryology, gynecology, obstetrics, proctology, urology, reontgenology and toxicology;

      (h) Neurology, psychiatry and psychology;

      (i) Orthopedics, pediatrics and geriatrics;

      (j) Eye, ear, nose and throat practice;

      (k) Clinical practice, including emergency procedures;

      (l) Naturopathic principles, philosophy and therapeutics; and

      (m) Manipulation and homeopathy.

      2.  Accepts persons who have degrees from accredited medical, osteopathic or chiropractic schools and offer a minimum of 1,000 hours of instruction in:

      (a) Phytotherapy, including herbalism;

      (b) Nutrition;

      (c) Manipulation;

      (d) Homeopathy; and

      (e) Naturopathic principles, philosophy and therapeutics.

The board may inspect institutions which purport to be schools of naturopathy and issue or refuse to issue certificates of approval.

      Sec. 28.  1.  If an applicant fails in a first examination, he may be reexamined after not less than 6 months.

      2.  If he fails in a second examination, he is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he shall furnish proof to the board of further postgraduate study following the second examination satisfactory to the board.


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

ê1981 Statutes of Nevada, Page 1879 (Chapter 745, AB 444)ê

 

board of further postgraduate study following the second examination satisfactory to the board.

      3.  Each applicant who fails an examination and who is permitted to be reexamined shall pay for each reexamination the reexamination fee prescribed by the board.

      4.  If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may refund a portion of the initial license fee not to exceed one-half of the fee upon the request of the applicant. There may be no refund of the initial license fee if an applicant appears for examination.

      Secs. 29 to 32.  (Deleted by amendment.)

      Sec. 33.  Each license issued by the board:

      1.  Must bear a seal adopted by the board and the signatures of its president and secretary; and

      2.  Authorizes the holder to practice naturopathic healing so long as it is kept in force by appropriate renewal and is not revoked or suspended.

      Sec. 34.  1.  Except as provided in section 36 of this act, every holder of a license issued under this chapter may renew his license, on or before February 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the board;

      (b) Paying the annual renewal fee prescribed by the board; and

      (c) Furnishing proof of attendance at such continuing education courses as are required by the board, not to exceed 12 hours since his last renewal or licensing.

      2.  The secretary of the board shall notify each licensee of the renewal requirement not less than 60 days before the date of renewal.

      Sec. 35.  1.  If a licensee fails to comply with the requirements of section 34 of this act within 30 days after the renewal date, the board shall give 30 days’ notice of failure to renew and of revocation of license by certified mail to the licensee at his last address registered with the board. If the license is not renewed before the expiration of the 30 days’ notice, the license is automatically revoked without any further notice or a hearing and the board shall file a copy of the notice with the Drug Enforcement Administration of the United States Department of Justice or its successor agency.

      2.  A person whose license is revoked under this section may apply to the board for restoration of his license upon:

      (a) Payment of all past due renewal fees and the late payment fee prescribed by the board; and

      (b) Stating under oath in writing that he has not withheld information from the board which if disclosed would furnish grounds for disciplinary action under this chapter.

      Sec. 36.  1.  A licensee who retires from the practice of naturopathic healing need not annually renew his license after he files with the board an affidavit stating the date on which he retired from practice and such other facts to verify his retirement as the board deems necessary.

      2.  A retired licensee who desires to return to practice may apply to renew his license by paying all back annual renewal fees from the date of retirement and submitting verified evidence satisfactory to the board that he has attended such continuing education courses or programs as are required by the board.


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

ê1981 Statutes of Nevada, Page 1880 (Chapter 745, AB 444)ê

 

that he has attended such continuing education courses or programs as are required by the board.

      Sec. 37.  The board shall charge and collect fees not to exceed the following amounts:

 

Initial license fee.................................................................................................. $200

Annual renewal fee..............................................................................................   300

Reexamination fee...............................................................................................   200

Late payment fee.................................................................................................   100

 

      Sec. 38.  The grounds for initiating disciplinary action under this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;

      (b) A felony; or

      (c) Any offense involving moral turpitude.

      3.  Suspension or revocation of the license to practice naturopathic healing by any other jurisdiction.

      4.  Gross or repeated malpractice.

      5.  Professional incompetence.

      Sec. 39.  The board or any of its members, any medical review panel of a medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing naturopathic healing in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board or with a society of naturopathic healing of the county in which the person charged has his office if there is such a society in the county.

      Sec. 40.  1.  When a complaint is filed:

      (a) With the board, it shall be reviewed by the board.

      (b) With a society of naturopathic healing, the society shall forward a copy of the complaint to the board for review.

      2.  If, from the complaint or from other official records, it appears that the complaint is not frivolous and the complaint charges:

      (a) Unprofessional conduct, a conviction or the suspension or revocation of a license to practice naturopathic healing, the board shall proceed with appropriate disciplinary action.

      (b) Gross or repeated malpractice or professional incompetence, the board shall transmit the original compliant, along with further facts or information derived from its own review, to the attorney general.

      Sec. 41.  1.  The attorney general shall conduct an investigation of each complaint transmitted to him to determine whether it warrants proceedings for modification, suspension or revocation of license. If he determines that such further proceedings are warranted, he shall report the results of his investigation together with his recommendation to the board in a manner which does not violate the right of the person charged in the compliant to due process in any later hearing before the board.

      2.  The board shall promptly make a determination with respect to each complaint reported to it by the attorney general as to what action shall be pursued.


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

ê1981 Statutes of Nevada, Page 1881 (Chapter 745, AB 444)ê

 

each complaint reported to it by the attorney general as to what action shall be pursued. The board shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      Sec. 42.  1.  If the board determines that a complaint is not frivolous, the board may require the person charged in the complaint to submit to a mental or physical examination by physicians designated by the board.

      2.  For the purposes of this section:

      (a) Every person licensed under this chapter who accepts the privilege of practicing naturopathic healing in this state shall be deemed to have given his consent to submit to a mental or physical examination when directed to do so in writing by the board.

      (b) The testimony or examination reports of the examining physicians are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the board, the failure of a naturopath licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against him.

      Sec. 43.  If the board has reason to believe that the conduct of any naturopath has raised a reasonable question as to his competence to practice naturopathic healing with reasonable skill and safety to patients, the board may cause a medical competency examination of the naturopath for purposes of determining his fitness to practice naturopathic healing with reasonable skill and safety to patients.

      Sec. 44.  If the board issues an order summarily suspending the license of a naturopath pending proceedings for disciplinary action and requires the naturopath to submit to a mental or physical examination or a medical competency examination, the examination must be conducted and the results obtained not later than 60 days after the board issues its order.

      Sec. 45.  If the board issues and order summarily suspending the license of a naturopath pending proceedings for disciplinary action, the court shall not stay that order unless the board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 46.  1.  In addition to any other remedy provided by law, the board, through its president, secretary or its attorney, or the attorney general, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of a naturopath which is harmful to the public or to limit the naturopath’s practice or suspend his license to practice naturopathic healing as provided in this section.

      2.  The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:

      (a) Without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure; and

      (b) Pending proceedings for disciplinary action by the board. These proceedings must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 47.  All proceedings subsequent to the filing of a complaint are confidential, except to the extent necessary for the conduct of an examination, until the board determines to proceed with disciplinary action.


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

ê1981 Statutes of Nevada, Page 1882 (Chapter 745, AB 444)ê

 

confidential, except to the extent necessary for the conduct of an examination, until the board determines to proceed with disciplinary action. If the board dismisses the complaint, the proceedings remain confidential. If the board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.

      Sec. 48.  If:

      1.  A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license to practice naturopathic healing is not frivolous; or

      2.  With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,

the secretary of the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person charged at least 30 days before the date fixed for the hearing.

      Sec. 49.  1.  Service of process made under this chapter must be personal or by registered or certified mail with return receipt requested, addressed to the naturopath at his last known address, as indicated on the records of the board, if possible. If personal service cannot be made and if mail notice is returned undelivered, the secretary of the board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the physician’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the secretary of the board and be recorded in the minutes of the board.

      Sec. 50.  In any disciplinary proceeding before the board:

      1.  Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of naturopathic healing which is harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice naturopathic healing is conclusive evidence of its occurrence.

      Sec. 51.  1.  The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.

      2.  If the board finds the person guilty as charged in the complaint, it may by order:

      (a) Place the person on probation for a specified period or until further order of the board.

      (b) Administer to the person a public or private reprimand.

      (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of naturopathic healing.

      (d) Suspend the license of the person to practice naturopathic healing for a specified period or until further order of the board.

      (e) Revoke the license of the person to practice naturopathic healing.


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

ê1981 Statutes of Nevada, Page 1883 (Chapter 745, AB 444)ê

 

The order of the board may contain other terms, provisions or conditions which the board deems proper and which are not inconsistent with law.

      Sec. 52.  1.  Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the board’s order as provided by law.

      2.  Every order of the board which limits the practice of naturopathic healing or suspends or revokes a license is effective from the date the secretary certifies the order to the proper county recorder until the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.

      3.  The district court shall give a petition for judicial review of the board’s order priority over other civil matters which are not expressly given that priority by law.

      Sec. 53.  1.  Any person:

      (a) Whose practice of naturopathic healing has been limited; or

      (b) Whose license to practice naturopathic healing has been:

                   (1) Suspended until further order; or

                   (2) Revoked,

by an order of the board may apply to the board after a reasonable period for removal of the limitation or restoration of his license.

      2.  In hearing the application, the board:

      (a) May require the person to submit to a mental or physical examination by physicians or other appropriate persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

      (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

      (c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrant.

      Sec. 54.  The board of naturopathic healing, a society of naturopathic healing or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a naturopath for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 55.  A person who:

      1.  Practices naturopathic healing:

      (a) Without a license valid under this chapter; or

      (b) Beyond the limitations imposed by this chapter or ordered upon his practice by the board or the court;

      2.  Presents as his own the diploma, license or credentials of another;

      3.  Gives either false or forged evidence of any kind to the board or any of its members in connection with an application for a license;

      4.  Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license; or

      5.  Practices naturopathic healing under a false or assumed name or falsely personates another licensee of a like or different name, shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years.


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

ê1981 Statutes of Nevada, Page 1884 (Chapter 745, AB 444)ê

 

shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years.

      Sec. 56.  1.  The governor shall appoint:

      (a) Three persons who are qualified pursuant to subsection 2;

      (b) One person who is qualified pursuant to subsection 3; and

      (c) One person who is qualified pursuant to subsection 4,

of section 16 of this act, to the board of naturopathic healing.

      2.  Of the members of the board appointed by the governor pursuant to subsection 1:

      (a) Two members, including one person who is qualified under subsection 2 of section 16 of this act and the person qualified under subsection 3 of section 16 of this act shall serve terms ending on June 30, 1985;

      (b) One member shall serve a term ending June 30, 1984;

      (c) One member shall serve a term ending June 30, 1983; and

      (d) One member shall serve a term ending June 30, 1982.

 

__________

 

 

CHAPTER 746, SB 500

Senate Bill No. 500–Senators Gibson and Lamb

CHAPTER 746

AN ACT relating to physicians; creating an advisory board on homeopathic medicine; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The advisory board on homeopathic medicine, consisting of three members appointed by the governor, is hereby created.

      2.  Each member of the board must be a physician who is licensed to practice medicine in this state and is qualified in the principles and practices of homeopathic medicine.

      3.  The advisory board shall advise the board of medical examiners of the State of Nevada on the subject of homeopathic medicine upon request by the board of medical examiners.

 

__________

 

 


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

ê1981 Statutes of Nevada, Page 1885ê

 

CHAPTER 747, SB 658

Senate Bill No. 658–Committee on Judiciary

CHAPTER 747

AN ACT relating to sovereign immunity; extending the time for filing a claim against the state or a political subdivision thereof arising out of a tort; allowing the filing of an action without first filing a claim; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 41.036 is hereby amended to read as follows:

      41.036  1.  No action may be brought under NRS 41.031 against a county without complying with the requirements of NRS 244.245 to 244.255, inclusive, or against a city without complying with the requirements of NRS 268.020, or against an unincorporated town without complying with the provisions of NRS 269.085, or against the state or any agency or other political subdivision of the state without complying with the requirements of subsection 2 or 3 of this section.

      2.  [Every claim against the state arising out of contract shall be presented in accordance with the provisions of NRS 353.085 or 353.090, and every claim for refund in accordance with the provisions of NRS 353.110 to 353.120, inclusive. Every other claim] Each person who has a claim against the state or any of its agencies arising out of a tort shall [be presented to the ex officio clerk of the state board of examiners within 6 months] file his claim within 2 years from the time the cause of action accrues [.] with the ex officio clerk of the state board of examiners. He shall within 10 days deliver a copy of the claim to the risk management division of the department of administration, and refer the claim to the appropriate state agency, office or officer for investigation and report of findings to the board. [No action may be brought unless the board refuses to approve or fails within 90 days to act upon the claim.

      3.  Every claim] 3.  Each person who has a claim against any [other] political subdivision of the state arising out of a tort shall [be presented, within 6 months] file his claim within 2 years from the time the cause of action accrues [, to] with the governing body of that political subdivision. [No action may be brought unless the governing body refuses to approve or fails within 90 days to act upon the claim.]

      4.  The filing of a claim in tort against the state or a political subdivision as required by subsections 2 and 3 is not a condition precedent to bringing an action pursuant to NRS 41.031.

      Sec. 2.  NRS 11.190 is hereby amended to read as follows:

      11.190  Actions other than those for the recovery of real property, unless further limited by NRS 11.205, by section 1 of [this act,] Senate Bill No. 520 of the 61st session of the Nevada legislature, or by or pursuant to the Uniform Commercial Code, can only be commenced as follows:

      1.  Within 6 years:

      (a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.


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ê1981 Statutes of Nevada, Page 1886 (Chapter 747, SB 658)ê

 

an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged [in a store account.] on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property; but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof; but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” having upon it at the time of its loss a recorded mark or brand, and when the animal [strayed or was] strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.

      (d) An action for relief on the ground of fraud or mistake; but the cause of action in such a case shall not [to] be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon the liability incurred by [the doing of an act] acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      5.  Within 1 year:

      (a) An action against an officer, or [officers] officer de facto [:

                   (1) To] to recover any goods, wares, merchandise or other property seized by [any such] the officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.


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ê1981 Statutes of Nevada, Page 1887 (Chapter 747, SB 658)ê

 

or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.

                   [(2) For] (b) An action against an officer, or officer de facto for money paid to [any such] the officer under protest, or seized by [such] the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      [(b) Actions or claims against a county, incorporated city, town or other political subdivision of the state which have been rejected by the board of county commissioners, city council or other governing body, as the case may be, after the first rejection thereof by such board, city council or other governing body, or the expiration of the time limited for failure to act by subsection 3 of NRS 41.036.

      (c) Actions or claims against the state not arising out of contract, after rejection by the state board of examiners or the expiration of the time limited for their failure to act by subsection 2 of NRS 41.036.]

      Sec. 3.  NRS 244.245 is hereby amended to read as follows:

      244.245  [1.  No person shall sue a county in any case for any demand, unless he shall first present his claim or demand to the board of county commissioners and the county auditor for allowance and approval, and if they fail or refuse to allow the same, or some part thereof, the person feeling aggrieved may sue the county.

      2.  If the] If a party suing [recover] a county recovers in the action more than the board of county commissioners allowed, or offered to allow, the board and the county auditor shall allow the amount of the judgment and costs as a just claim against the county. If the party suing [shall] does not recover more than the board and the county auditor [shall have] offered to allow him, then costs [shall] must be recovered against him by the county, and may be deducted from the demand.

      Sec. 4.  NRS 268.020 is hereby amended to read as follows:

      268.020  1.  All demands and accounts [and all claims of whatsoever kind, character or nature, or however the same may have originated] against any incorporated city in this state, must be presented to the city council of the city, in writing, within 6 months from the time [such] the demands or accounts became due. [or payable, and within 6 months from the time the acts from which the claims originated shall happen.]

      2.  Claims against any incorporated city for property damage, personal injuries and any other claim arising out of a tort [shall] must be certified by the claimant before presentation [.] to the city council. No other claim or account need be certified. The certification required by this subsection [shall] must be in substantially the following form: “I hereby certify that the above and foregoing claim against the City of ------------, State of Nevada, is just and reasonable, and that the claim is now due, owing and unpaid.”

      [2.  No such demand, account or claim] 3.  No demand or account against any incorporated city in this state [shall] may be audited, considered, allowed or paid by the city council or any officer or officers of the incorporated city unless the [provision] provisions of subsection 1 [shall have been] are strictly complied with.


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ê1981 Statutes of Nevada, Page 1888 (Chapter 747, SB 658)ê

 

      [3.  No such] 4.  No demand, account or claim which has once been rejected [shall ever again be considered] may be reconsidered or allowed by the same or any subsequently elected or appointed city council of the same city.

      Sec. 5.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 748, SB 438

Senate Bill No. 438–Committee on Judiciary

CHAPTER 748

AN ACT relating to corporations; reducing the required number of incorporators; clarifying a provision regarding amendment of articles of incorporation; providing a fee for surrender of corporate rights before beginning business; extending the definition of “treasury shares”; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 78.030 is hereby amended to read as follows:

      78.030  1.  [Any number of natural persons, not less than three,] One or more natural persons may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, under and subject to the requirements of this chapter, by:

      (a) Executing, acknowledging and filing in the office of the secretary of state articles of incorporation, or a certificate of incorporation; and

      (b) Filing a copy thereof, certified under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is intended to be located. The county clerk may microfilm [such] this copy for filing in his records rather than filing the copy.

      2.  The articles of incorporation, or certificate of incorporation, must be as provided in NRS 78.035, and the secretary of state shall require it to be in the form so prescribed. If any articles or certificates are defective in [such] this respect, the secretary of state shall return them for correction.

      Sec. 2.  NRS 78.035 is hereby amended to read as follows:

      78.035  The certificate or articles of incorporation shall set forth:

      1.  The name of the corporation, which [shall] must not be the same as, or deceptively similar to, the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business within this state or a name reserved for the use of any other proposed corporation as provided in NRS 78.040, unless the written acknowledged consent of such other corporation or person for whom such name is reserved to the adoption of such name is filed with the articles. A name appearing to be that of [an individual] a natural person and containing a given name or initials [shall] must not be used as a corporate name except with an additional word or words such as “Incorporated,” “Limited,” “Inc.,”


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ê1981 Statutes of Nevada, Page 1889 (Chapter 748, SB 438)ê

 

such as “Incorporated,” “Limited,” “Inc.,” “Ltd.,” “Company,” “Co.,” “Corporation,” “Corp.,” or other word which identifies it as not being [an individual.] a natural person.

      2.  The name of the county, and of the city or town, and of the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable; and if not so described as to be easily located within the county, city or town, the secretary of state shall refuse to issue his certificate until [such] the location is marked and established.

      3.  The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It [shall be] is a sufficient compliance with this subsection to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such statement [shall make] makes all lawful activities within the objects or purposes of the corporation.

      4.  The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist; or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there [shall] must be set forth therein a description of the different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if the corporation is to issue in series any class of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or classes, there [shall] must be set forth in the certificate or articles of incorporation the limits, if any, of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price or otherwise; but in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by NRS 78.195.

      5.  Whether the members of the governing board [shall] must be styled directors or trustees of the corporation, and the number, names and post office addresses of the first board of directors or trustees, which [shall] may not be less than three unless the articles set forth that the initial number of stockholders will be less than three; together with any desired provisions relative to the right to change the number of directors as provided by NRS 78.330.

      6.  Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in [shall be] is subject to assessment to pay the debts of the corporation. [, and unless] Unless provision is made in [such] the original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock [,] and no stock issued as fully paid up, [shall] may ever be [assessable, or] assessed, and the articles of incorporation [shall] must not be amended in this particular.

      7.  The name and post office address of each of the incorporators signing the certificate or articles of incorporation.


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ê1981 Statutes of Nevada, Page 1890 (Chapter 748, SB 438)ê

 

      8.  Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.

      9.  The certificate or articles of incorporation may also contain any provisions, not contrary to the laws of this state, which the incorporators [may] choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the corporation.

      Sec. 3.  NRS 78.283 is hereby amended to read as follows:

      78.283  1.  As used in this section, “treasury shares” means shares issued and thereafter acquired, either directly or indirectly, by the corporation or a wholly owned subsidiary of the corporation, but not retired or restored to the status of unissued shares.

      2.  Treasury shares [shall] do not carry voting or dividend rights and [shall] must not be counted as outstanding shares for any purpose, nor as assets for the purpose of computing the amount available for dividends, [or] the purchase of shares issued by the corporation or the making of any other distributions to its stockholders. Unless the articles of incorporation provide otherwise, treasury shares may be retired and restored to the status of authorized and unissued shares without the reduction of capital pursuant to NRS 78.415 or 78.420 or may be disposed of for such consideration as the board of directors may determine. If the shares are reissued, the amount of the proceeds [shall] must be attributed to surplus insofar as excess of net assets over the amount of capital results therefrom.

      3.  Shares which have been acquired from surplus and carried as treasury shares may be retired by resolution of the board of directors and capital may be reduced thereon as if acquired out of capital with appropriate proceedings under NRS 78.415 or 78.420.

      Sec. 4.  NRS 78.780 is hereby amended to read as follows:

      78.780  1.  The fee for filing a certificate of extension in renewal of corporate existence of any corporation [shall be] is an amount equal to one-fourth the fee computed at the rates specified in NRS 78.760 for filing the original certificate of incorporation.

      2.  The fee for filing a certificate of dissolution [shall be] whether it occurs before or after payment of capital and beginning of business is $20.

 

__________


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ê1981 Statutes of Nevada, Page 1891ê

 

CHAPTER 749, SB 670

Senate Bill No. 670–Committee on Judiciary

CHAPTER 749

AN ACT relating to real property; clarifying the showing required in a hearing on a notice of pendency of an action; providing an alternative; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 14.015 is hereby amended to read as follows:

      14.015  1.  After a notice of pendency of an action has been recorded with the recorder of the county, the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.

      2.  Upon [5] 15 days’ notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, [prove by a preponderance of evidence] establish to the satisfaction of the court that:

      (a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;

      (b) The action was not brought in bad faith or for an improper motive;

      (c) [Probable cause exists to believe that he will prevail in the action and will be entitled to relief affecting the title or possession of the real property;

      (d)] He will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and

      [(e)](d) He would be injured by any transfer of an interest in the property before the action is concluded.

      3.  In addition to the matters enumerated in subsection 2, the party who recorded the notice must establish to the satisfaction of the court either:

      (a) That he is likely to prevail in the action; or

      (b) That he has a fair chance of success on the merits in the action and the injury described in paragraph (d) of subsection 2 would be sufficiently serious that the hardship on him in the event of a transfer would be greater than the hardship on the defendant resulting from the notice of pendency,

and that if he prevails he will be entitled to relief affecting the title or possession of the real property.

      4.  The party opposing the notice of the pendency of an action may submit counteraffidavits and other evidence which the court may permit.

      [3.]  5.  If the court finds that the party who recorded the notice of pendency of the action has failed to [prove] establish any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall order the party who recorded the notice to record with the recorder of the county a copy of the order of cancellation.


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ê1981 Statutes of Nevada, Page 1892 (Chapter 749, SB 670)ê

 

record with the recorder of the county a copy of the order of cancellation. The order [shall] must state that the cancellation has the same effect as an expungement of the original notice.

      [4.]  6.  If the court finds that the party who recorded the notice of pendency of the action has [proved] established the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so canceled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of the county a copy of the order of cancellation. The order [shall] must state that the cancellation has the same effect as an expungement of the original notice.

      [5.]  7.  If a certified copy of the court’s order for cancellation of the notice of pendency of the action is recorded with the recorder of the county in which the notice was recorded, the notice and order shall not be deemed to constitute constructive or actual notice of the action, any matters relating to the action, or any of the matters referred to in the notice or the order, and the order and notice do not create any duty of inquiry on the part of any person thereafter dealing with the property.

      Sec. 2.  This act shall become effective upon passage and approval.

 

__________

 

 

CHAPTER 750, SB 149

Senate Bill No. 149–Committee on Judiciary

CHAPTER 750

AN ACT relating to abuse and neglect of children; defining terms; extending reporting requirements; clarifying provisions relating to the jurisdiction of the juvenile court in cases involving child abuse and neglect; providing for disclosure to certain regulatory agencies of contents of reports of child abuse and neglect; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      After a petition is filed that a child is neglected, the court shall appoint a social worker, juvenile probation officer, officer of the court or a volunteer guardian to represent and protect the best interests of the child. The court may not allow any payment for the services of a person so appointed.

      Sec. 2.  NRS 62.040 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 1893 (Chapter 750, SB 149)ê

 

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is neglected because:

             (1) He has been abandoned by his parents, guardian, or other custodian;

             (2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;

             (3) He has been subjected to physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment constituting abuse and neglect as defined in NRS 200.5011, by a person who is responsible for his welfare under circumstances which indicate that his health or welfare is harmed or threatened thereby;

             (4) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or

             [(4)](5) He has been placed for care or adoption in violation of law.

      (b) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child shall not be considered a delinquent.

      (c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:

             (1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.

      (d) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.

      3.  This chapter does not deprive justices’ courts and municipal courts in any county having a population of 250,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

      (a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in those proceedings; and

      (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for sentencing if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or has been ordered to be imprisoned.


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ê1981 Statutes of Nevada, Page 1894 (Chapter 750, SB 149)ê

 

sentencing if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or has been ordered to be imprisoned.

In all other cases prior consent of the juvenile court judge or judges is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection shall be accompanied at all proceedings by a parent or legal guardian.

      4.  Action taken by the juvenile court pursuant to the jurisdiction conferred by subparagraph (3) of paragraph (a) of subsection 1 does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts and circumstances.

      Sec. 3.  NRS 200.5011 is hereby amended to read as follows:

      200.5011  As used in NRS 200.501 to 200.509, inclusive, and section 1 of [this act:] Assembly Bill No. 269 of the 61st session of the Nevada legislature:

      1.  “Child abuse and neglect” means [the nonaccidental] physical or mental injury [,] of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment of a child under the age of 18 years by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.

      2. “Mental injury” means a substantial injury to the intellectual or psychological capacity of a child as evidenced by an observable and substantial impairment of his ability to function within his normal range of performance or behavior.

      3.  “Negligent treatment or maltreatment” includes, but is not limited to, abandonment of the child, lack of proper parental care, control and supervision, and lack of subsistence, education, medical care or other care or control necessary for the well-being of the child because of the faults or habits of his parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them.

      4.  “Person responsible for the child’s welfare” includes, but is not limited to, the child’s parent, guardian, foster parent or a person in charge of, or employed in, a public or private residential home or facility having physical custody of the child.

      5.  “Physical injury” includes, but is not limited to:

      (a) Permanent or temporary disfigurement;

      (b) Impairment of any bodily function or organ of the body; and

      (c) Injury resulting from excessive corporal punishment.

      6.  “Sado-masochistic abuse” has the meaning ascribed to it in NRS 201.262.

      [3.]  7.  “Sexual abuse” includes, but is not limited to, acts upon a child constituting:

      (a) Incest under NRS 201.180;

      (b) [The infamous crime against nature under NRS 201.190;

      (c)] Lewdness with a child under NRS 201.230;

      [(d)](c) Annoyance or molestation of a minor under NRS 207.260;

      [(e)](d) Sado-masochistic abuse;

      [(f)](e) Sexual assault under NRS 200.366; and


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ê1981 Statutes of Nevada, Page 1895 (Chapter 750, SB 149)ê

 

      [(g)](f) Statutory sexual seduction under NRS 200.368.

      8.  “Sexual exploitation” includes, but is not limited to, allowing or encouraging a child to engage in prostitution and allowing or encouraging a child to engage in obscene or pornographic filming, photographing or recording on video tape.

      Sec. 4.  NRS 200.502 is hereby amended to read as follows:

      200.502  1.  A report [shall] must be made promptly to the local office of the welfare division of the department of human resources, to any county agency authorized by the juvenile court to receive such reports, or to any police department or sheriff’s office when there is reason to believe that a child under 18 years of age has been abused or neglected. If the report of child abuse and neglect involves the acts or omissions of the welfare division or a county agency authorized by the juvenile court to receive reports, or a law enforcement agency, the report [shall] must be made to and the investigation made by an agency other than the one alleged to have committed the acts or omissions. Upon the receipt of a report concerning the possible abuse or neglect of a child, the welfare division, county agency or law enforcement agency shall, within 3 working days, investigate. The law enforcement agency shall forthwith refer the report to the local office of the welfare division or county agency. No child about whom a report is made shall be removed from his parents, stepparents, guardian or other persons having lawful custody by a law enforcement agency without consultation with the division unless, in the judgment of the reporting physician or the law enforcement agency, immediate removal is essential to protect the child from further injury or abuse.

      2.  Reports [shall] must be made:

      (a) By every physician, dentist, chiropractor, optometrist, resident and intern licensed in this state, examining, attending or treating an apparently abused or neglected child.

      (b) By the superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which shall be provided by every physician whose attendance with respect to an apparently abused or neglected child is pursuant to his performance of services as a member of the staff of the hospital or institution.

      (c) By every professional or practical nurse, physician’s assistant, psychologist and advanced emergency medical technician-ambulance licensed or certified to practice in this state, who examines, attends or treats an apparently abused or neglected child.

      (d) By every attorney, clergyman, social worker, school authority and teacher.

      (e) By every person who maintains or is employed by a licensed child care facility or children’s camp.

      (f) By every person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding child abuse and neglect and refers them to persons and agencies where their requests and needs can be met.

      3.  A report may be made by any other person.

      Sec. 5.  NRS 200.5045 is hereby amended to read as follows:

      200.5045  1.  Reports made pursuant to NRS 200.501 to 200.509, inclusive, as well as all records concerning such reports and investigations thereof, are confidential.


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ê1981 Statutes of Nevada, Page 1896 (Chapter 750, SB 149)ê

 

inclusive, as well as all records concerning such reports and investigations thereof, are confidential.

      2.  Any person, law enforcement agency, or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigations of child abuse and neglect, except:

      (a) Pursuant to criminal prosecution under the provisions of NRS 200.501 to 200.509, inclusive; and

      (b) To persons or agencies enumerated in subsection 3 of this section,

is guilty of a misdemeanor.

      3.  Data or information concerning the reports and investigations of child abuse and neglect [shall] may be made available only to:

      (a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

      (b) A person authorized to place a child in protective custody when such person has before him a child who he reasonably believes may have been abused or neglected and such person requires the information to place the child in protective custody;

      (c) An agency responsible for, or authorized to perform and undertaking, the care, treatment or supervision of:

             (1) The child; or

             (2) The child’s parent, guardian or other person who is responsible for the child’s welfare;

      (d) A district attorney or other law enforcement official who requires the information in connection with an investigation of child abuse and neglect;

      (e) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

      (f) A person engaged in bona fide research, but the identity of the subjects of the report shall remain confidential;

      (g) The child’s guardian ad litem;

      (h) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

      (i) Any comparable authorized person or agency in another jurisdiction;

      (j) A parent or legal guardian of the child, provided that the identity of the person or persons who were responsible for reporting the alleged child abuse and neglect to a public agency is protected; [or]

      (k) The person named in the report as allegedly being abused or neglected, provided that such person is not a minor or otherwise legally incompetent [.] ; or

      (l) An agency which is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, when the agency has before it an application for such a license or is investigating an applicant to adopt a child.

      Sec. 6.  NRS 432.090 is hereby amended to read as follows:

      432.090  1.  As used in NRS 432.100 to 432.130, inclusive, “child abuse and neglect” means [the nonaccidental] physical or mental injury [,] of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment of a child under the age of 18 years by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.


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

ê1981 Statutes of Nevada, Page 1897 (Chapter 750, SB 149)ê

 

a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.

      2.  A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment.

      Sec. 7.  Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 751, SB 578

Senate Bill No. 578–Committee on Judiciary

CHAPTER 751

AN ACT relating to foster children; requiring annual dispositional hearings after placement; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 62.225 is hereby amended to read as follows:

      62.225  1.  Except as provided in subsection [3,] 5, the placement by the court of a child in a foster home or other similar institution [shall] must be reviewed by a judge or [duly] an appointed master semiannually for the purpose of determining [if:] whether:

      (a) Continued placement or supervision is in the best interest of the child and the public; and

      (b) The child is being treated fairly.

      2.  In conducting [such] the review, the court may:

      (a) Require a written report from the child’s protective service officer, welfare worker or other guardian or custodian of the child which includes but is not limited to an evaluation of the child’s progress and recommendations for further supervision, treatment or rehabilitation.

      (b) Request any information or statements it deems necessary for the review.

      3.  The court shall hold dispositional hearings no later than 18 months after the hearing required by subsection 1, and at least annually thereafter.

      4.  Each dispositional hearing must be held by the court to determine whether:

      (a) The child should be returned to his parents or other relatives;

      (b) The child’s placement in the foster home or other similar institution should be continued;

      (c) The child should be placed for adoption or under a legal guardianship; or

      (d) The child should remain in the foster home or other similar institution on a long-term basis.


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

ê1981 Statutes of Nevada, Page 1898 (Chapter 751, SB 578)ê

 

      5.  The provisions of this section do not apply to the placement of:

      (a) A delinquent child.

      (b) A child in the home of the child’s parent or parents.

      [4.]  6.  This section does not limit the power of the court to order a review or similar proceeding under subsection 1 other than semiannually.

 

__________

 

 

CHAPTER 752, SB 669

Senate Bill No. 669–Committee on Finance

CHAPTER 752

AN ACT relating to the department of human resources; revising provisions relating to certain federally assisted programs administered by the department; stating matters to be considered in developing and revising state plans for those programs; providing greater flexibility in the administration of the programs; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 439.150 is hereby amended to read as follows:

      439.150  1.  The state board of health is hereby declared to be supreme in all nonadministrative health matters. [and it has] It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of the state and over the work of the state health officer and all local (district, county and city) health departments, boards of health and health officers.

      2.  The department of human resources is hereby designated as the agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health. [, and may] It may receive and expend all funds made available to the health division by the Federal Government, the state or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the department shall consider, among other things, the amount of money available from the Federal Government for such programs and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for those programs.

      3.  The state board of health may set reasonable fees for the:

      (a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the health division;

      (b) Programs and services of the division;

      (c) Review of plans; and

      (d) Certification and licensing of personnel.

      Sec. 2.  Section 10 of Senate Bill No. 412 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

Sec. 10.  “Health systems agency” means an organization in this state which has been designated as a health systems agency by the Federal Government or by the governor.


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

ê1981 Statutes of Nevada, Page 1899 (Chapter 752, SB 669)ê

 

state which has been designated as a health systems agency by the Federal Government or by the governor.

 

      Sec. 3.  NRS 439A.081 is hereby amended to read as follows:

      439A.081  1.  The department shall act as the agency for state health planning and development [agency] for the purposes of the Federal Act. As that state agency, the department:

      (a) Shall carry out the state administrative program and perform the [state] functions of health planning and development [functions] for the state as prescribed in the Federal Act;

      (b) Shall consult with and assist the council; and

      (c) May accept and disburse money granted by the Federal Government pursuant to the Federal Act.

      2.  The director may establish within the department an office of health planning and resources, consisting of employees in the classified service, which shall:

      (a) Perform health planning functions and develop health resources for the state.

      (b) Carry out the functions of the department as the state agency under the Federal Act.

      3.  The department may:

      (a) Adopt such regulations as are necessary to carry out the provisions of this chapter.

      (b) By regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of any such fees must be based upon the department’s costs of examining and acting upon the applications.

      (c) Require providers of health services doing business in the state to make statistical and other reports appropriate to the performance of its duties under this chapter. The information required to be included in the reports must be mutually agreed upon by the director, the health systems agencies and representatives of the providers of health care who are affected.

      4.  In developing and revising any state plan for health planning and development, the department shall consider, among other things, the amount of money available from the Federal Government for health planning and development and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for health planning and development.

      Sec. 4.  NRS 442.140 is hereby amended to read as follows:

      442.140  1.  The department [is hereby empowered and authorized:

      (a) To formulate,] may:

      (a) Formulate, adopt and administer, through the state board of health and the health division, a detailed plan or plans for the purposes specified in NRS 442.130.

      (b) [To make and adopt,] Adopt, through the state board of health, [all such rules and] regulations [not inconsistent with the provisions of NRS 442.130 to 442.170, inclusive, or of the Social Security Act, as are or may be] necessary for the administration of [such] the plan or plans and the administration of NRS 442.130 to 442.170, inclusive.


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

ê1981 Statutes of Nevada, Page 1900 (Chapter 752, SB 669)ê

 

      2.  [Such plan or plans and the rules and regulations when formulated shall be submitted to the Secretary of Health, Education, and Welfare for approval, and when approved by him shall thereupon be made effective by the state board of health for the purposes of NRS 442.130 to 442.170, inclusive.] In developing and revising the plan or plans, the department shall consider, among other things, the amount of money available from the Federal Government for services relating to maternal and child health and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services relating to maternal and child health.

      Sec. 5.  NRS 442.190 is hereby amended to read as follows:

      442.190  1.  The department [is hereby empowered and authorized:

      (a) To formulate,] may:

      (a) Formulate, adopt and administer, through the state board of health and health division, a detailed plan or plans for the purposes specified in NRS 442.180.

      (b) [To make and adopt,] Adopt, through the state board of health, [all such rules and] regulations [, not inconsistent with the provisions of NRS 442.180 to 442.220, inclusive, or of the Social Security Act, as are or may be] necessary for the administration of [such] the plan or plans and the administration of NRS 442.180 to 442.220, inclusive.

      2.  [Such plan or plans and the rules and regulations when formulated shall be submitted to the Secretary of Health, Education, and Welfare for approval, and when approved by him shall thereupon be made effective by the state board of health for the purposes of NRS 442.180 to 442.220, inclusive.] In developing and revising the plan or plans, the department shall consider, among other things, the amount of money available from the Federal Government for services to crippled children and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to crippled children.

      Sec. 6.  NRS 445.379 is hereby amended to read as follows:

      445.379  The state board of health shall adopt by regulation:

      1.  Primary drinking water standards which prescribe the maximum permissible levels for contaminants in any public water system and provide for the monitoring and reporting of water quality. [The standards shall be at least at stringent as] In establishing the standards the board shall consider, among other things, the standards established pursuant to the Federal Act.

      2.  Secondary drinking water standards which reasonably insure that drinking water is aesthetically adequate.

      Sec. 7.  NRS 445.391 is hereby amended to read as follows:

      445.391  1.  A supplier of water may apply to the state board of health for a variance or exemption from the board’s regulations. The board may grant variances or exemptions [,] after notice and public hearing. [, under conditions or in circumstances not less stringent than those provided for in the Federal Act.]

      2.  A supplier of water shall notify all users of the water system as soon as the board has scheduled a time and place for the public hearing on the application for a variance or exemption.


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

ê1981 Statutes of Nevada, Page 1901 (Chapter 752, SB 669)ê

 

      3.  The public service commission of Nevada may participate in the hearing.

      Sec. 8.  NRS 449.310 is hereby amended to read as follows:

      449.310  The construction programs [shall] must provide, in accordance with [regulations prescribed under the Federal Act,] NRS 449.250 to 449.430, inclusive, and the regulations thereunder, for adequate health facilities for the people residing in this state, and, insofar as possible, [shall] must provide for their distribution throughout the state in such manner as to make the services of all types of health [facility services] facilities reasonably accessible to all persons in the state.

      Sec. 9.  NRS 449.320 is hereby amended to read as follows:

      449.320  1.  The state department [is authorized to make application] may apply to the federal agency for federal [funds] money to assist in carrying out the [survey,] surveys, planning and construction activities provided for in NRS 449.250 to 449.430, inclusive.

      2.  [Such funds shall] The money must be deposited in the state treasury and [shall] must be available to the state department for expenditure for carrying out the purposes of NRS 449.250 to 449.430, inclusive.

      [3.  Any such funds received and not expended for such purpose shall be repaid to the Treasury of the United States.]

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 449.420 is hereby amended to read as follows:

      449.420  Money in the state public health facilities construction assistance fund must be allocated and paid to construction projects on the basis of relative need in accordance with the need identified in the state health plan and in accordance with [the following ratio: A maximum of $1 of state assistance funds for every $2 of federal funds actually made available for the approved project; but in] a ratio between state money and federal money determined by the state department. In no event may the amount of state assistance [funds] made available or paid out for [the] a project exceed the amount supplied by the [project sponsor.] sponsor of the project.

      Sec. 12.  NRS 458.025 is hereby amended to read as follows:

      458.025  The bureau of alcohol and drug abuse is hereby created in the rehabilitation division of the department. The bureau [shall:

      1.  Formulate] :

      1.  Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which shall include but not be limited to:

      (a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.

      (b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.     

      (c) A survey of the need for trained teachers, [health professionals] persons who have professional training in health fields and others involved in alcohol and drug abuse education and prevention and in the treatment and recovery of alcohol and drug abusers, and a plan to provide such necessary treatment.


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

ê1981 Statutes of Nevada, Page 1902 (Chapter 752, SB 669)ê

 

treatment and recovery of alcohol and drug abusers, and a plan to provide such necessary treatment.

In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      2.  [Be] Is responsible for coordinating [the implementation of] efforts to carry out the state plan and coordinating all state and federal funding of alcohol and drug abuse programs in the state. The bureau [shall] must be consulted in [project planning] the planning of projects and advised of all grant applications from within the state which are concerned with alcohol and drug abuse programs, and [shall have] has the responsibility to review and advise concerning such applications.

      3.  [Develop] Shall develop and publish standards of certification and [have the authority to] may certify or deny certification of any facilities, programs or personnel on the basis of [such] the standards, and publish a list of [such] certified facilities, programs and personnel. Any facilities, programs or personnel which are not certified are ineligible to receive state and federal funds for alcohol and drug abuse programs.

      4.  Upon request from a self-supported facility, [have] has the authority to certify such facility, its programs and personnel and add them to the list of certified facilities, programs and personnel.

      Sec. 13.  NRS 232.320 is hereby amended to read as follows:

      232.320  The director:

      1.  Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:

      (a) The administrator of the aging services division;

      (b) The state health officer;

      (c) The administrator of the mental hygiene and mental retardation division;

      (d) The administrator of the rehabilitation division;

      (e) The state welfare administrator; and

      (f) The administrator of the youth services division.

      2.  Is responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and [430] 431 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.

      3.  Has such other powers and duties as are provided by law.

      Sec. 14.  NRS 232.370 is hereby amended to read as follows:

      232.370  1.  The administrator of the rehabilitation division of the department [shall:

      1.  Be] :

      (a) Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS unless federal law or regulation requires otherwise, in which case the administrator [shall] must be placed in the classified service of the state pursuant to the provisions of [such] that chapter.


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

ê1981 Statutes of Nevada, Page 1903 (Chapter 752, SB 669)ê

 

classified service of the state pursuant to the provisions of [such] that chapter.

      [2.  Be]

      (b) Is responsible for the administration, through the bureaus of the division, of the provisions of NRS 426.520 to 426.720, inclusive, chapters 458 and 615 of NRS, NRS 232.360 to 232.390, inclusive, and all other provisions of law relating to the functions of the division and its bureaus, but [shall] is not [be] responsible for the professional line activities of the bureaus except as specifically provided by law.

      [3.  Be]

      (c) Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan [prior to] before submission to the [Rehabilitation Services Administration of the United States Department of Health, Education, and Welfare.] Federal Government. This subsection [shall not be applicable] does not apply if any federal regulation exists which prohibits a consolidated plan.

      2.  In developing and revising state plans, the administrator shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for the programs.

      Sec. 15.  NRS 232.400 is hereby amended to read as follows:

      232.400  1.  The purpose of the youth services division in the department is to provide services for youth who are in need of residential care or in need of treatment or both. In accomplishing this purpose, the division shall work closely with other governmental agencies and with public and private agencies providing the same or similar service.

      2.  The [division, through the] department, through the division, is the sole state agency for the establishment of standards for the receipt of federal money in the field of juvenile development and [delinquency prevention] for programs [.] to prevent, combat and control delinquency. The administrator, subject to approval by the director, may develop state plans, make reports to the Federal Government and comply with such other conditions as may be imposed by the Federal Government for the receipt of assistance for such programs. In developing and revising state plans, the administrator shall consider, among other things, the amount of money available from the Federal Government for the programs and the conditions attached, and the limitations of legislative appropriations for the programs.

      3.  The administrator shall cause to be deposited with the state treasurer all money allotted to this state by the Federal Government for the purposes described in this section and shall cause to be paid out of the state treasury the money therein deposited for those purposes.

      4.  The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.


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

ê1981 Statutes of Nevada, Page 1904 (Chapter 752, SB 669)ê

 

      [2.]  5.  The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or have otherwise come into contact with law enforcement agencies. The administrator of the division is responsible for [monitoring] observing and evaluating the success of those programs.

      Sec. 16.  NRS 426.600 is hereby amended to read as follows:

      426.600  No blind person who may benefit from services authorized under NRS 426.520 to 426.610, inclusive, [shall] may be denied such services except the services for which a determination of economic need is required [by the Federal Government as a condition or reimbursement to this state.] pursuant to the state plan for services to the blind.

      Sec. 17.  NRS 427A.010 is hereby amended to read as follows:

      427A.010  The legislature finds and declares that the older people of our state are entitled to receive, and it is the joint and several duty and responsibility of the state and local governments to provide, within the limits of available resources, assistance to secure equal opportunity to the full and free enjoyment of the following objectives:

      1.  An adequate income in retirement.

      2.  The best possible physical and mental health which science can make available and without regard to economic status.

      3.  Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.

      4.  Full restorative services for those who require institutional care.

      5.  Opportunity for employment with no discriminatory personnel practices because of age.

      6.  Retirement in health, honor and dignity.

      7.  Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.

      8.  Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.

      9. Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

      10.  Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.

      11.  The benefit of balanced nutrition.

      12.  Adequate day care center services.

      Sec. 18.  NRS 427A.040 is hereby amended to read as follows:

      427A.040  1.  The division shall:

      (a) Serve as a clearinghouse for information related to problems of the aged and aging.

      (b) Assist the director in all matters pertaining to problems of the aged and aging.

      (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.

      (d) Provide technical assistance and consultation to political subdivision with respect to programs for the aged and aging.

      (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.


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

ê1981 Statutes of Nevada, Page 1905 (Chapter 752, SB 669)ê

 

      (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

      (g) Stimulate more effective use of existing resources and available services for the aged and aging.

      (h) Develop and coordinate [the implementation of] efforts to carry out a comprehensive state plan for providing services to meet the needs of older persons. In developing and revising the state plan, the division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

      (i) Coordinate all state and federal funding of service programs to the aging in the state.

      (j) Confer with the department as [being] the sole state agency in the state responsible for administering the provisions of this chapter.

      2.  The division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.

      Sec. 19.  NRS 427A.080 is hereby amended to read as follows:

      427A.080  The department through the division [shall] may make agreements, arrangements or plans to:

      1.  Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to the problems of the aged and aging and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of [such] those agreements, arrangements or plans; and

      2.  Comply with such conditions as may be necessary to secure [the full] benefits [of such] under those federal statutes.

      Sec. 20.  NRS 427A.090 is hereby amended to read as follows:

      427A.090  1.  The division [is authorized to] may comply with such requirements as may be necessary to obtain federal [funds in the maximum amount and most advantageous proportion possible.] money.

      2.  The administrator may disburse state [funds,] money, to the extent the division has [moneys] money budgeted for [such] the purpose, to enable nonprofit, sponsoring organizations and political subdivisions of this state to obtain matching federal grants. [The administrator may disburse funds pursuant to this subsection only when such funds are necessary to obtain matching federal grants for programs for the aged and aging and when the administrator is satisfied that such organizations have exhausted any available local sources of funds.]

      Sec. 21.  NRS 432A.080 is hereby amended to read as follows:

      432A.080  The department through the division [shall] may make agreements, arrangements or plans to:

      1.  Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to child care services and programs and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans; and


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

ê1981 Statutes of Nevada, Page 1906 (Chapter 752, SB 669)ê

 

      2.  Comply with such conditions as may be necessary to secure [the full] benefits [of such] under those federal statutes.

      Sec. 22.  NRS 432A.090 is hereby amended to read as follows:

      432A.090  The bureau may develop a state plan for services and programs relating to child care and may comply with such other requirements as may be necessary to obtain federal money. [in the maximum amount and most advantageous proportion possible.] In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services and programs relating to child care.

      Sec. 23.  NRS 615.230 is hereby amended to read as follows:

      615.230  1.  The department through the bureau [shall] may make agreements, arrangements or plans to:

      (a) Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans for vocational rehabilitation; and

      (b) Comply with such conditions as may be necessary to secure [the full] benefits [of such] under those federal statutes.

      2.  Upon designation by the governor, in addition to those provided in subsection 1, the department through the bureau may perform functions and services for the Federal Government relating to [individuals] persons under a physical or mental disability.

      Sec. 24.  NRS 430.010, 430.020 and 430.030 are hereby repealed.

      Sec. 25.  1.  This section and section 2 of this act shall become effective upon passage and approval.

      2.  Sections 1, 3 and 11 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 753, SB 538

Senate Bill No. 538–Committee on Finance

CHAPTER 753

AN ACT relating to public welfare; revising provisions relating to aid to dependent children, state supplementary assistance to aged and blind persons and assistance to the medically indigent; leaving the details to be set forth in the state plans for the respective programs; providing penalties; making appropriations; authorizing expenditure; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  As used in this chapter, “aid to dependent children” means the program established to provide assistance to needy dependent children pursuant to Title IV of the Social Security Act (42 U.S.C.


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

ê1981 Statutes of Nevada, Page 1907 (Chapter 753, SB 538)ê

 

the program established to provide assistance to needy dependent children pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to assistance to dependent children.

      Sec. 3.  As used in this chapter, “assistance to the medically indigent” means the program established to provide assistance for part or all of the cost of medical or remedial care rendered on behalf of indigent persons pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) and other provisions of that act relating to medical assistance to indigent persons.

      Sec. 4.  As used in this chapter, “state supplementary assistance” means the program established to provide state assistance to aged or blind persons in connection with the supplemental security income program.

      Sec. 5.  1.  The administrator shall establish a state plan for aid to dependent children. The state plan is subject to the approval of the board. The state plan must set forth the requirements for eligibility of a needy dependent child and the relative with whom he is living and must also set forth the nature and amounts of grants and other assistance which may be provided, the conditions imposed and such other provisions relating to the development and administration of the program for aid to dependent children as the administrator and the board deem necessary.

      2.  In developing and revising the state plan, the administrator and the board shall consider, among other things, the amount of money available from the Federal Government for aid to dependent children and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for aid to dependent children.

      Sec. 6.  1.  The administrator shall establish a state plan for state supplementary assistance to needy aged or blind persons. The state plan is subject to the approval of the board. The state plan must set forth the requirements for eligibility of aged or blind persons and must also set forth the nature and amounts of grants and other assistance which may be provided in each category, the conditions imposed and such other provisions relating to the development and administration of the program for state supplementary assistance as the administrator and the board deem necessary.

      2.  In developing and revising the state plan, the administrator and the board shall consider, among other things, the limitations of legislative appropriations for state supplementary assistance.

      Sec. 7.  1.  The administrator shall establish a state plan for assistance to the medically indigent. The state plan is subject to the approval of the board. The state plan must set forth the requirements for eligibility of indigent persons, the types of medical and remedial care for which assistance may be provided, the conditions imposed and such other provisions relating to the development and administration of the program for assistance to the medically indigent as the administrator and the board deem necessary.

      2.  In developing and revising the plan, the administrator and the board shall consider, among other things, the amount of money available from the Federal Government for assistance to the medically indigent and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for assistance to the medically indigent.


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

ê1981 Statutes of Nevada, Page 1908 (Chapter 753, SB 538)ê

 

and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for assistance to the medically indigent.

      Sec. 8.  Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the welfare division is responsible and such other money as may be received by the state for such purposes must be deposited in the appropriate accounts of the welfare division in the state general fund.

      Sec. 9.  Assistance awarded pursuant to the provisions of this chapter is not transferable or assignable at law or in equity and none of the money paid or payable under this chapter is subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

      Sec. 10.  All assistance awarded pursuant to the provisions of this chapter is awarded and held subject to the provisions of any amending or repealing act that may be enacted, and no recipient has any claim for assistance or otherwise by reason of his assistance being affected in any way by an amending or repealing act.

      Sec. 11.  1.  The administrator or his designated representative may issue subpenas requiring the attendance of witnesses before the welfare division at a designated time and place, and further requiring the production of books, papers and records relative to eligibility or continued eligibility for public assistance, and may administer oaths and take testimony thereunder.

      2.  If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpena, the district court of the county in which the investigation is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books, papers and records as required by the subpena.

      Sec. 12.  1.  If an application for public assistance is not acted upon by the welfare division within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of assistance is modified or canceled, or if an applicant or recipient of public assistance is dissatisfied with any other action or failure to act on the part of the welfare division with respect to his case, the applicant or recipient may appeal to the welfare division and may be represented in the appeal by counsel.

      2.  The welfare division shall provide an opportunity for a fair hearing of such person’s appeal and shall review his case in all matters with respect to which he is dissatisfied.

      3.  A person aggrieved by the final decision of the welfare division with respect to his public assistance case may, at any time within 90 days after the mailing to him, by certified mail, of written notice of the decision, petition the district court of the judicial district in which he resides to review the decision and the district court may review the decision on the record of the case before the welfare division, a copy of which must be certified as correct by the administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare division’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.


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

ê1981 Statutes of Nevada, Page 1909 (Chapter 753, SB 538)ê

 

welfare division are not supported by evidence or that the welfare division’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.

      Sec. 13.  1.  When a recipient of assistance to the medically indigent incurs an illness or injury for which medical services are payable under the state plan and which is incurred under circumstances creating a legal liability in some person other than the recipient or the welfare division, to pay all or part of the costs of such services, the division is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.

      2.  If a recipient or his successors in interest fail or refuse to commence an action to enforce the legal liability, the welfare division may commence an independent action, after notice to the recipient or his successors in interest, to recover all costs to which it is entitled. In any such action by the division, the recipient or his successors in interest may be joined as third party defendants.

      3.  In any case where the welfare division is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the division has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. No such lien is enforceable unless written notice is first given to the person against whom the lien is asserted.

      4.  The recipient or his successors in interest shall notify the welfare division in writing before entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1.

      Sec. 14.  1.  Every person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with intent to cheat, defraud or defeat the purposes of this chapter shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.

      2.  For the purposes of subsection 1, whenever a recipient of aid to dependent children under the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      Sec. 15.  NRS 422.050 is hereby amended to read as follows:

      422.050  For the purposes of this chapter, “public assistance” includes:


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

ê1981 Statutes of Nevada, Page 1910 (Chapter 753, SB 538)ê

 

      1.  State supplementary assistance provided in connection with the supplemental security income program;

      2.  Services to the aged, blind or disabled; [and]

      3.  Aid to dependent children [.] ; and

      4.  Assistance to the medically indigent.

      Sec. 16.  NRS 422.052 is hereby amended to read as follows:

      422.052  As used in this chapter, “services to the aged, blind or disabled” means services provided to aged, blind or disabled persons who are applicants for or recipients of benefits under the supplemental security income program, including state supplementary assistance, or who are otherwise eligible for such services, pursuant to Title XX of the Social Security Act, as amended from time to time, and other provisions of that act relating to social services, and the regulations of the welfare division.

      Sec. 17.  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] public assistance programs and other programs for which the welfare division is responsible. Every such standard, policy [, rule] or regulation 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. Except as provided in this subsection, a regulation, standard or policy 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.

      Sec. 18.  NRS 422.270 is hereby amended to read as follows:

      422.270  1.  The department shall:

      (a) Administer all public welfare programs of this state, including:

             (1) State supplementary assistance provided in connection with the supplemental security income program;

             (2) Aid to dependent children;

             (3) Child welfare services;

             (4) Services to the aged, blind or disabled; [and]

             (5) Assistance to the medically indigent; and

             (6) Such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state.

      (b) Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal [funds] money granted to the state to aid in the furtherance of any of the services and activities [as] set forth in the paragraph (a).


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

ê1981 Statutes of Nevada, Page 1911 (Chapter 753, SB 538)ê

 

granted to the state to aid in the furtherance of any of the services and activities [as] set forth in the paragraph (a).

      (c) Cooperate with the Federal Government in adopting state plans, in all matter of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the department to fulfill the terms of this chapter.

      2.  The department through the welfare division shall:

      (a) Make regulations, subject to the approval of the board, for the administration of this chapter which [shall be] are binding upon all recipients and local units.

      (b) [Monitor, explore and research] Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the state general fund or may become available through legislatively authorized or new [funds] money from federal or other sources.

      (c) Make all investigations required by a court in adoption proceedings as provided by law.

      (d) Establish reasonable minimum standards and regulations for foster homes, and shall license [the same] foster homes as provided by law.

      (e) Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.

      (f) Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.

      (g) Make such agreements with the Federal Government as may be necessary [in the implementation of] to carry out the supplemental security income program.

      Sec. 19.  NRS 428.090 is hereby amended to read as follows:

      428.090  1.  When any nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on compliant being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of funds which may be lawfully appropriated for this purpose pursuant to NRS 428.050.

      2.  If [such] the sick person [shall die, then] dies, the board of county commissioners shall give or order to be given to [such] the person a decent burial.

      3.  The board of county commissioners shall make such allowance for board, nursing, medical aid or burial expenses as the board [shall deem] deems just and equitable, and order [the same to be] it paid out of the county treasury.

      4.  The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section [shall be] is relieved to the extent of the amount of money or the value of services provided by the welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the [provisions of NRS 428.150 to 428.360, inclusive.]


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

ê1981 Statutes of Nevada, Page 1912 (Chapter 753, SB 538)ê

 

[shall be] is relieved to the extent of the amount of money or the value of services provided by the welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the [provisions of NRS 428.150 to 428.360, inclusive.] state plan for assistance to the medically indigent.

      Sec. 20.  NRS 483.800 is hereby amended to read as follows:

      483.800  1.  The following sources shall submit, within 30 days of learning such information, to the department of motor vehicles the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether [such] the person is blind, night-blind or has severely impaired vision:

      (a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and

      (b) Agencies of the state and political subdivisions which provide special tax consideration for blindness.

      2.  When any source described in paragraphs (a) and (b) of subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision [shall] must be reported to such registry within 30 days of learning such fact.

      3.  The department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of [such] the registry.

      4.  The department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.

      5.  All information learned by the department pursuant to this section is confidential and any person who, without the consent of the individual concerned, reveals such information for purposes other than those specified in this section, or other than for administration of the supplemental security income program, including state supplementary assistance and services to the aged, blind or disabled pursuant to [chapters] chapter 422 [and 427] of NRS, or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.

      Sec. 21.  Section 1 of Senate Bill No. 576 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

Section 1.  Chapter 422 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 the state plan for assistance to the medically indigent 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.


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

ê1981 Statutes of Nevada, Page 1913 (Chapter 753, SB 538)ê

 

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 the state plan for assistance to the medically indigent, 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. 22.  1.  NRS 425.003 to 425.250, inclusive, 427.020 to 427.280, inclusive, and 428.150 to 428.360, inclusive, are hereby repealed.

      2.  Section 1 of Senate Bill No. 452 of the 61st session of the legislature is hereby repealed.

      3.  Sections 33 and 34 of Assembly Bill No. 275 of the 61st session of the legislature are hereby repealed.

      Sec. 23.  1.  There is hereby appropriated from the state general fund for the purposes hereinafter expressed:

      (a) For the fiscal year beginning July 1, 1981, and ending June 30, 1982:

 

For administration of the welfare division of the department of human resources............................................................................................   $3,759,813

For aid to dependent children................................................................    6,187,500

For state supplementary assistance to the aged and blind...............    2,817,789

For assistance to the medically indigent.............................................   37,349,753

                                                                                                                  TOTAL $50,114,855

 

The money appropriated for each of the purposes enumerated in this paragraph is available for all of such purposes, and whenever the necessary revisions of work programs have been approved by the chief of the budget division of the department of administration and the interim finance committee pursuant to NRS 353.220, transfers may be made from one purpose to another in amounts authorized by the interim finance committee.


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

ê1981 Statutes of Nevada, Page 1914 (Chapter 753, SB 538)ê

 

paragraph is available for all of such purposes, and whenever the necessary revisions of work programs have been approved by the chief of the budget division of the department of administration and the interim finance committee pursuant to NRS 353.220, transfers may be made from one purpose to another in amounts authorized by the interim finance committee.

      (b) For the fiscal year beginning July 1, 1982, and ending June 30, 1983:

 

For administration of the welfare division of the department of human resources............................................................................................   $3,865,664

For aid to dependent children................................................................    5,737,500

For state supplementary assistance to the aged and blind...............    2,953,057

For assistance to the medically indigent.............................................   43,006,274

                                                                                                                  TOTAL $55,562,495

 

The money appropriated for each of the purposes enumerated in this paragraph is available for all of such purposes, and whenever the necessary revisions of work programs have been approved by the chief of the budget division of the department of administration and the interim finance committee pursuant to NRS 353.220, transfers may be made from one purpose to another in amounts authorized by the interim finance committee.

      2.  The money appropriated by paragraphs (a) and (b) of subsection 1 is available for both fiscal years, 1981-82 and 1982-83, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      3.  After June 30, 1982, any unexpended balance of the appropriation made by paragraph (a) of subsection 1 for the fiscal year 1981-82 must be transferred to and added to the money appropriated by paragraph (b) of that subsection and may be expended during fiscal year 1982-83.

      4.  Any unencumbered balance of the appropriation made by paragraph (b) of subsection 1 for the fiscal year 1982-83, together with any money transferred pursuant to subsection 3, must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.

      5.  The money appropriated by this section is the total amount of state money available to the welfare division of the department of human resources for the fiscal years 1981-82 and 1982-83, and the welfare division shall not request additional state money.

      Sec. 24.  1.  Expenditure of the following sums not appropriated from the state general fund is hereby authorized for the purposes hereinafter expressed:

      (a) For the fiscal year beginning July 1, 1981, and ending June 30, 1982:

 

For administration of the welfare division of the department of human resources............................................................................................   $6,859,722

For aid to dependent children................................................................    6,187,500

For assistance to the medically indigent.............................................   37,724,778


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

ê1981 Statutes of Nevada, Page 1915 (Chapter 753, SB 538)ê

 

      (b) For the fiscal year beginning July 1, 1982, and ending June 30, 1983:

 

For administration of the welfare division of the department of human resources............................................................................................   $7,037,896

For aid to dependent children................................................................    5,737,500

For assistance to the medically indigent.............................................   43,417,399

 

      2.  The appropriation from the state general fund for the purposes enumerated in subsection 1 must be decreased to the extent that the receipts from other sources approved by this section are exceeded, but such a decrease must not jeopardize the receipt of such money as is to be received from other sources.

      Sec. 25.  1.  This section and section 21 of this act shall become effective upon passage and approval.

      2.  Sections 17 and 22 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 754, SB 549

Senate Bill No. 549–Senator Wagner

CHAPTER 754

AN ACT relating to visually and aurally handicapped persons; limiting the use of guide dogs to blind persons and hearing dogs to deaf persons; prohibiting specific types of discrimination against such persons; prohibiting persons from interfering with guide dogs and hearing dogs; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 118.105 is hereby amended to read as follows:

      118.105  1.  A landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS solely because a guide dog or a hearing dog will be residing with the prospective tenant in the dwelling.

      2.  A landlord may require proof that a dog is a guide dog or a hearing dog. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a visually or aurally handicapped person upon his graduation from a [guide dog school.] school for guide dogs or a school for hearing dogs.

      3.  [As used in this section:

      (a) “Guide dog” means a dog which has been specially trained by a guide dog school to serve as an aid to mobility to a particular visually handicapped person.

      (b) “Guide dog school” means a school which trains guide dogs.] For the purposes of this section the terms “guide dog,” “hearing dog,” “school for guide dogs” and “school for hearing dogs” have the meanings ascribed to them respectively in sections 12 to 15, inclusive, of this act.

      Sec. 2.  Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 16, inclusive, of this act.


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

ê1981 Statutes of Nevada, Page 1916 (Chapter 754, SB 549)ê

 

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 15, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 4. “Administrator” means the administrator of the division.

      Sec. 5. “Blind person” means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20º.

      Sec. 6. “Bureau” means the bureau of services to the blind in the division.

      Sec. 7. “Chief” means the chief of the bureau.

      Sec. 8. “Deaf person” means any person who, by reason of the loss or impairment of his hearing, has an aural handicap which limits, contributes to limiting or which, if not corrected, will probably result in limiting his activities or functions.

      Sec. 9. “Department” means the department of human resources.

      Sec. 10. “Director” means the director of the department.

      Sec. 11. “Division” means the rehabilitation division of the department.

      Sec. 12. “Guide dog” means a dog which has been specially trained by a school for guide dogs to lead in harness and serve as an aid to the mobility of a particular blind person.

      Sec. 13. “Hearing dog” means a dog which has been specially trained by a school for hearing dogs to alert a particular deaf person to certain sounds.

      Sec. 14. “School for guide dogs” means a school which trains dogs to be guide dogs and which is approved by the division.

      Sec. 15. “School for hearing dogs” means a school which trains dogs to be hearing dogs and which is approved by the division.

      Sec. 16.  1.  It is unlawful for any person to beat, harass, intimidate or interfere with a guide dog or a hearing dog.

      2.  Any person who violates subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

      Sec. 17.  NRS 426.510 is hereby amended to read as follows:

      426.510  1.  [No person, except a person wholly or partially blind,] Except as provided in subsections 2 and 3, no person may use a guide dog, a hearing dog or a blaze orange dog leash or carry or use on any street, highway, or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.

      2.  A blind person may use a guide dog, a blaze orange dog leash and a cane or walking stick which is white or metallic in color, or white tipped with red.

      3.  A deaf person may use a hearing dog and a blaze orange dog leash.

      [2.]  4.  Any pedestrian who [is not wholly or partially blind who] approaches or [comes in contact with] encounters a person [wholly or partially blind] using a guide dog or carrying a cane or walking stick white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the blind person.


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

ê1981 Statutes of Nevada, Page 1917 (Chapter 754, SB 549)ê

 

be necessary to avoid accident or injury to the blind person. [wholly or partially blind.]

      [3.]  5.  Any person other than a blind person [wholly or partially blind:

      (a) Who uses] who:

      (a) Uses a guide dog or a blaze orange dog leash or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;

      (b) [Who fails] Fails to heed the approach of a person using a guide dog or carrying such a cane as is described by this section;

      (c) [Who fails] Fails to come to a stop upon approaching or coming in contact with a person so using a guide dog or so carrying such a cane or walking stick; or

      (d) [Who fails] Fails to take precaution against accident or injury to such a person after coming to a stop,

as provided for in this section, is guilty of a misdemeanor.

      [4.]  6.  This section does not apply to any [sighted person who uses a guide dog or white cane for the purpose of training the dog or of instructing a blind person.] person who is instructing a blind or deaf person or training a guide dog or a hearing dog.

      Sec. 18.  NRS 426.515 is hereby amended to read as follows:

      426.515  The failure of a [totally or partially blind] :

      1.  Blind person to carry a white or metallic colored cane or to use a guide dog or a blaze orange dog leash; or

      2.  Deaf person to use a hearing dog or a blaze orange dog leash, does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a person injury action by such a [blind] person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from [such] the blind or deaf person’s making use of the facilities or services offered by [such] the carrier or place of public accommodation.

      Sec. 19.  NRS 426.520 is hereby amended to read as follows:

      426.520  As used in NRS 426.520 to 426.610, inclusive, [unless the context otherwise requires:

      1.  “Administrator” means the administrator of the division.

      2.  “Blind] “blind person” means a person described in section 5 of this act and any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself. [, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20º.

      3.  “Bureau” means the bureau of services to the blind in the rehabilitation division.

      4.  “Chief” means the chief of the bureau.

      5.  “Department” means the department of human resources.

      6.  “Director” means the director of the department.

      7.  “Division” means the rehabilitation division of the department of human resources.]


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

ê1981 Statutes of Nevada, Page 1918 (Chapter 754, SB 549)ê

 

      Sec. 20.  NRS 426.560 is hereby amended to read as follows:

      426.560  1.  Subject to the approval of the department, the division shall direct the bureau to make administrative [rules and] regulations to enforce the provisions of this chapter related to services for the blind, which [rules and regulations shall] regulations must not conflict with the provisions of this chapter.

      2.  [Such rules and regulations shall] The regulations must recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.

      3.  For the purposes of sections 14 and 15 of this act, the division may provide by regulation for the approval of schools for guide dogs and schools for hearing dogs.

      Sec. 21.  NRS 426.630 is hereby amended to read as follows:

      426.630  As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:

      1.  [“Blind person” means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20º.

      2.  “Bureau” means the bureau of services to the blind in the rehabilitation division of the department of human resources.

      3.]  “Operator” means the individual blind person responsible for the day-to-day conduct of the vending stand operation.

      [4.]  2.  “Public building” or “property” means any building, land or other real property, owned, leased or occupied by any department or agency of the [State of Nevada] state or any of its political subdivisions except public elementary and secondary schools, the University of Nevada System and the Nevada state park system.

      [5.]  3.  “Vending stand” means:

      (a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;

      (b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;

      (c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or

      (d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.

      Sec. 22.  NRS 484.325 is hereby amended to read as follows:

      484.325  Except as provided in NRS 484.327 and section 1 of [this act:] Senate Bill No. 379 of the 61st session of the Nevada legislature:

      1.  When official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.


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

ê1981 Statutes of Nevada, Page 1919 (Chapter 754, SB 549)ê

 

within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

      2.  A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

      3.  Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass [such] the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.

      4.  Whenever signals exhibiting the words “Walk” or “Don’t Walk” are in place, such signals [must] indicate as follows:

      (a) While the “Walk” indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right of way by the drivers of all vehicles.

      (b) While the “Don’t Walk” indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

      (c) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.

      (d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484.283.

      Sec. 23.  NRS 484.327 is hereby amended to read as follows:

      484.327  Except as provided in section 1 of [this act:] Senate Bill No. 379 of the 61st session of the Nevada legislature:

      1.  Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the highway.

      2.  Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the highway.

      3.  Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.

      4.  A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.

      5.  When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.


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ê1981 Statutes of Nevada, Page 1920 (Chapter 754, SB 549)ê

 

      Sec. 24.  NRS 613.330 is hereby amended to read as follows:

      613.330  1.  Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:

      (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his compensation, terms, conditions or privileges of employment, because of his race, color, religion, sex, age, physical, aural or visual handicap or national origin; or

      (b) To limit, segregate or classify employees in any way which would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his status as an employee, because of his race, color, religion, sex, age, physical, aural or visual handicap or national origin.

      2.  It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any person because of his race, color, religion, sex, age, physical, aural or visual handicap or national origin, or to classify or refer for employment any person on the basis of his race, color, religion, sex, age, physical, aural or visual handicap or national origin.

      3.  It is an unlawful employment practice for a labor organization:

      (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his race, color, religion, sex, age, physical, aural or visual handicap or national origin;

      (b) To limit, segregate or classify its membership, or to classify its membership, or to classify or fail to refuse to refer for employment any person, in any way which would deprive or tend to deprive him of employment opportunities, or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of his race, color, religion, sex, age, physical, aural or visual handicap or national origin; or

      (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

      4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any person because of his race, color, religion, sex, age, physical, aural or visual handicap or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

      5.  It is unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against the physically, aurally or visually handicapped by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog or hearing dog, by such a handicapped person.

      6.  It is unlawful employment practice for an employer, directly or indirectly, to refuse to permit a visually or aurally handicapped employee to keep his guide dog or hearing dog with him at all times in his place of employment. [if the dog is specially trained by a guide dog school approved by the rehabilitation division of the department of human resources.]


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ê1981 Statutes of Nevada, Page 1921 (Chapter 754, SB 549)ê

 

      7.  For the purposes of this section, the terms “guide dog” and “hearing dog” have the meanings ascribed to them respectively in sections 12 and 13 of this act.

      Sec. 25.  NRS 651.075 is hereby amended to read as follows:

      651.075  1.  It is unlawful for a place of public accommodation to:

      (a) Refuse service to a visually or aurally handicapped person because he is accompanied by a guide dog or hearing dog; or

      (b) Charge an additional fee for such [guide] a dog.

      2.  A place of accommodation may require proof that a dog is a guide dog or a hearing dog. Such requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a visually or aurally handicapped person upon his graduation from a [guide dog school.] school for guide dogs or a school for hearing dogs.

      3.  A guide dog or hearing dog [shall] may not be presumed dangerous by reason of the fact it is not muzzled.

      4.  This section does not relieve a visually or aurally handicapped person from liability for damage which may be caused by his guide dog or hearing dog.

      5.  Visually or aurally handicapped persons accompanied by guide dogs or hearing dogs [shall be] are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.

      6.  [As used in this section:

      (a) “Guide dog” means a dog which has been specially trained by a guide dog school to serve as an aid to mobility to a particular visually handicapped person.

      (b) “Guide dog school” means a school which trains guide dogs and which is approved by the division.] For the purposes of this section, the terms “guide dog” and “hearing dog” have the meanings ascribed to them respectively in sections 12 and 13 of this act.

      Sec. 26.  NRS 704.145 is hereby amended to read as follows:

      704.145  1.  It is unlawful for a common carrier or other means of public conveyance or transportation operating in this state to:

      (a) Refuse service to a visually or aurally handicapped person because he is accompanied by a guide dog or hearing dog; or

      (b) Charge an additional fee for such [guide] a dog.

      2.  This section does not relieve a visually or aurally handicapped person from liability for damage which may be caused by his guide dog or hearing dog.

      3.  Visually or aurally handicapped persons accompanied by guide dogs or hearing dogs [shall be] are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.

      4.  [As used in this section:

      (a) “Guide dog” means a dog which has been specially trained by a guide dog school to serve as an aid to mobility for a specific visually handicapped person.

      (b) “Guide dog school” means a school which trains guide dogs and which is approved by the division.] For the purposes of this section, the terms “guide dog” and “hearing dog” have the meanings ascribed to them respectively in sections 12 and 13 of this act.


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ê1981 Statutes of Nevada, Page 1922 (Chapter 754, SB 549)ê

 

terms “guide dog” and “hearing dog” have the meanings ascribed to them respectively in sections 12 and 13 of this act.

      Sec. 27.  NRS 706.366 is hereby amended to read as follows:

      706.366  1.  It is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this state to:

      (a) Refuse service to a visually or aurally handicapped person because he is accompanied by a guide dog or hearing dog; or

      (b) Charge an additional fee for such [guide] a dog.

      2.  This section does not relieve a visually or aurally handicapped person from liability for damage which may be caused by his guide dog or hearing dog.

      3.  Visually or aurally handicapped persons accompanied by guide dogs or hearing dogs [shall be] are subject to the same conditions and limitations that apply to persons who are not so handicapped and accompanied.

      4.  [As used in this section:

      (a) “Guide dog” means a dog which has been specially trained by a guide dog school to serve as an aid to mobility for a specific visually handicapped person.

      (b) “Guide dog school” means a school which trains guide dogs and which is approved by the division.] For the purposes of this section, the terms “guide dog” and “hearing dog” have the meanings ascribed to them respectively in sections 12 and 13 of this act.

      Sec. 28.  Sections 17, 22, 23 and 24 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________

 

 

CHAPTER 755, SB 83

Senate Bill No. 83–Senators McCorkle, Don Ashworth, Keith Ashworth, Bilbray, Close, Faiss, Getto, Gibson, Glaser, Hernstadt, Jacobsen, Kosinski, Lamb, Raggio, Wagner, Wilson and Echols

CHAPTER 755

AN ACT relating to traffic violations; increasing the penalties for driving under or refusing a test for the influence of intoxicants; limiting probation or the reduction of charges for so driving; authorizing treatment for alcoholism or drug abuse in lieu of punishment; imposing an additional requirement of insurance; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  [1.]  Unless otherwise provided by law, the department shall revoke, for 1 year, the license of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final:

      [(a)]1.  Manslaughter resulting from the driving of a motor vehicle.


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ê1981 Statutes of Nevada, Page 1923 (Chapter 755, SB 83)ê

 

      [(b)]2.  Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

      [(c)]3.  Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.

      [(d)]4.  Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

      [(e)]5.  Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

      [(f) A second or subsequent conviction after 3 years but within 7 years of a prior conviction for driving under the influence of intoxicating liquor or any controlled substance.

      2.  The department shall revoke for 2 years the license of any driver convicted of a second or subsequent offense within 3 years of a prior conviction for driving under the influence of intoxicating liquor or any controlled substance.]

      Sec. 2.  Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The department may not restore a driver’s license, permit or privilege of driving a motor vehicle in this state which has been revoked or suspended unless the person who is seeking the license, permit or privilege submits evidence that he is maintaining insurance or is financially responsible for the operation of any motor vehicle of which he is the owner or which is owned by a member of his household and which he may be expected to operate.

      Sec. 3.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Unless otherwise provided by law, the department may not suspend a license for a period of more than 1 year.

      2.  [The] Unless a suspension for a period of 3 years is required by NRS 484.385, the department may, after the expiration of 1 year from the date of revocation of a license and when the period of revocation exceeds 1 year, issue a driver’s license to an applicant permitting the applicant to drive a motor vehicle for purposes of his employment only, if the department is satisfied that a severe hardship exists.

      3.  The periods of suspension and revocations under this chapter and under NRS 484.385 must run consecutively, except as provided in NRS 483.470, and section 3 of [this act,] chapter 283, Statutes of Nevada 1981, when the suspensions must run concurrently.

      4.  Whenever the department suspends or revokes a license, the period of suspension or revocation begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 4.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as otherwise provided in [NRS 485.330,] this section, any person who drives a motor vehicle on a highway of this state at a time when his driver’s license has been canceled, revoked or suspended is guilty of a misdemeanor. If the license was suspended or revoked because of a violation in any jurisdiction of NRS 484.379, 484.3795 or 484.385, or a law which prohibits the same conduct he shall be punished by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $500.


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ê1981 Statutes of Nevada, Page 1924 (Chapter 755, SB 83)ê

 

punished by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $500.

      2.  No person who is convicted of a violation of this section and whose license had been suspended or revoked because of a violation in any jurisdiction of NRS 484.379, 484.3795 or 484.385 or a law which prohibits the same conduct may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason unless, in his judgment the charge is not supported by probable cause or cannot be proved at trial.

      3.  Any term of confinement imposed under the provisions of subsection 1 may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment [situation] of the person convicted. However, the full term of confinement must be served within [a 6-month period from] 6 months after the date of conviction, and any segment of time the person is confined must not consist of less than [a 24-hour period.] 24 hours.

      [3.]  4.  Jail sentences simultaneously imposed under this section and NRS 484.379 must run consecutively.

      [4.]  5.  The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while [the license of the person] his license was suspended shall extend the period of the suspension for an additional like period. [; and if] If the conviction was upon a charge of driving while a license was revoked the department shall extend the period of revocation for an additional 1 year. Suspensions and revocations under this section must run consecutively.

      Sec. 5.  NRS 484.379 is hereby amended to read as follows:

      484.379  1.  It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.

      2.  It is unlawful for any person who is an habitual user of or under the influence of any controlled substance or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or [steering] exercising actual physical control of a vehicle to drive or [steer] be in actual physical control of a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use [such] that drug under the laws of this state [shall not constitute] is not a defense against any charge of violating this subsection.

      3.  [Any person who violates the provisions of this section is guilty of a misdemeanor and such person’s license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.


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

ê1981 Statutes of Nevada, Page 1925 (Chapter 755, SB 83)ê

 

      4.  Upon a subsequent conviction within 3 years, the person so convicted shall be punished by confinement in the county or municipal jail for not less than 10 days, nor more than 6 months or by a fine of not more than $500 or by both such fine and imprisonment.

      5.  No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.] Any person who violates the provisions of subsection 1 or 2, and who has not been convicted of a violation of one of those subsections or any law which prohibits the same conduct in any jurisdiction within 5 years before the violation took place, is guilty of a misdemeanor. Except as provided in subsection 6, the court shall order him to pay tuition for and attend courses on the use and abuse of alcohol and controlled substances approved by the department, shall fine him not less than $100 nor more than the maximum fine permitted for a misdemeanor, and may sentence him to imprisonment in the county jail for not more than 6 months. The court may order the department of motor vehicles to suspend his driver’s license for a definite period of not less than 30 days nor more than 1 year and not to allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.

      4.  Any person who violates the provisions of subsection 1 or 2 within 5 years after having once been convicted in any jurisdiction of a violation of subsection 1 or 2, NRS 484.3795 or a law which prohibits the same conduct is guilty of a misdemeanor. Except as provided in subsection 6, the court shall sentence him to imprisonment for not less than 10 days nor more than 6 months in the county jail, fine him not less than $500 and direct the department of motor vehicles to suspend his driver’s license for a period specified in the order which must be not less than 6 months and not allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.

      5.  Except as provided in subsection 6, any person who violates the provisions of subsection 1 or 2 within 5 years after having been convicted more than once in any jurisdiction of a violation of subsection 1 or 2, NRS 484.3795 or a law which prohibits the same conduct, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp or similar facility.

      6.  A person who has been convicted of a violation of subsection 1 or 2 may elect to undergo treatment approved by the court for at least 1 year if:

      (a) He is classified as an alcoholic or abuser of drugs by a:

             (1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or

             (2) Physician certified to make that classification by the state board of medical examiners;


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ê1981 Statutes of Nevada, Page 1926 (Chapter 755, SB 83)ê

 

      (b) He agrees to pay the costs of the treatment;

      (c) He has served a term of imprisonment in the county jail of:

             (1) Five days if it is his second conviction; or

             (2) Thirty days if it is his third conviction,

in any jurisdiction of violating subsection 1 or 2 of NRS 484.3795, or a law which prohibits the same conduct, within 5 years; and

      (d) The court orders the department to suspend his driver’s license for a period specified in the order which must not be less than 90 days and not more than the time required to complete the treatment. The court may not allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.

A person may elect treatment pursuant to this subsection once in any period of 5 years.

      7.  If a person who has elected and qualified for treatment pursuant to subsection 6:

      (a) Fails to complete the treatment satisfactorily, he must be sentenced to the fine and imprisonment to which he would have been sentenced had he not elected treatment. The sentence to imprisonment must be reduced by a time equal to that which he served before beginning treatment.

      (b) Completes the treatment satisfactorily, he may not be sentenced further, but the conviction remains on his record of criminal history.

      8.  No person convicted for the second or a subsequent time within 5 years of violating the provisions of subsection 1 or 2 may be released on probation. No sentence imposed for violating the provisions of subsection 1 or 2 may be suspended, nor may any program of education, counseling or treatment be ordered or permitted before conviction. No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 or 2 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      [6.]  9.  Any term of confinement imposed under the provisions of [subsection 4] this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion [shall] must be exercised after considering all the circumstances surrounding the offense, and the family and employment [situation] of the person convicted [. However, the full term of confinement shall] , but any sentence of 30 days or less must be served within [a 6-month period] 6 months from the date of conviction [, and any] or within 6 months after the date of sentencing if the person elected to undergo treatment pursuant to subsection 6. Any segment of time the person is confined [shall] must not consist of less than [a 24-hour period.] 24 hours.

      [7.]  10.  Jail sentences simultaneously imposed under this section [,] and NRS 483.560 or 485.330 [, shall] must run consecutively.

      Sec. 6.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  Any person who, while under the influence of intoxicating liquor, or a controlled substance as defined in chapter 453 of NRS, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent to a degree which renders him incapable of safely driving or steering a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle, which act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [, or] and must be further punished by a fine of not less than $2,000 nor more than $5,000.


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ê1981 Statutes of Nevada, Page 1927 (Chapter 755, SB 83)ê

 

renders him incapable of safely driving or steering a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle, which act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [, or] and must be further punished by a fine of not less than $2,000 nor more than $5,000. [, or by both fine and imprisonment.] A person so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp or similar facility.

      2.  No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      Sec. 7.  NRS 484.385 is hereby amended to read as follows:

      484.385  1.  If a person under arrest refuses to submit to a required chemical test as directed by a police officer under NRS 484.383, none shall be given; but the department of motor vehicles, upon receipt of a sworn written statement of such officer that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that [such] the arrested person refused to submit to such test upon the request of [such] the officer, shall immediately notify the person by mail that his privilege to drive is subject to suspension and allow him 15 days after the date of mailing such notice to make a written request for a hearing. [If] Except as provided in subsection 2, if no request is made within [such] the 15-day period, the department shall immediately:

      (a) Suspend [such person’s] his license or instruction permit to drive for a period of [6 months;] 1 year;

      (b) If [such person] he is a nonresident, suspend his privilege to drive a vehicle in this state for a period of [6 months] 1 year and inform the appropriate agency in the state of his residence of such action; or

      (c) If [such person] he is a resident without a license or instruction permit to drive, deny [to such person] him the issuance of a license or permit for a period of [6 months] 1 year after the date of the alleged violation.

      2.  If the person who refused the required chemical test has previously had his license suspended because he refused such a test, the department shall immediately revoke his license, instruction permit or privilege to drive in this state, and not restore it or grant any permit, license or privilege for a period of 3 years.

      3.  If the affected person requests that the hearing be continued to a date beyond the period set forth in subsection 1 of NRS 484.387, the department shall issue an order suspending or revoking the license, privilege or permit to drive a motor vehicle, which [suspension shall be] is effective upon receipt of notice that the continuance has been granted.

      [3.]  4.  The suspension or revocation provided for in subsection 1 [shall become] becomes effective 10 days after the mailing of written notice thereof by [such] the department to any such person at his last-known address.


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ê1981 Statutes of Nevada, Page 1928 (Chapter 755, SB 83)ê

 

notice thereof by [such] the department to any such person at his last-known address.

      [4.]  5.  Notice of intention to suspend [,] or revoke, notice of an order of suspension or revocation, and notice of the affirmation of a prior order of suspension or revocation provided in NRS 484.387 is sufficient if it is mailed to the person’s last-known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department of motor vehicles, specifying the time of mailing the notice. Such a notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      Sec. 8.  NRS 5.050 is hereby amended to read as follows:

      5.050  1.  Municipal courts have jurisdiction:

      (a) Of an action or proceeding for the violation of any ordinance of their respective cities.

      (b) Of an action or proceeding to prevent or abate a nuisance within the limits of their respective cities.

      (c) Of proceedings respecting vagrants and disorderly persons.

      2.  The municipal courts have jurisdiction of the following public offenses committed in their respective cities:

      (a) Petit larceny.

      (b) Assault and battery, not charged to have been committed upon a public officer in the execution of his duties, or with intent to kill.

      (c) Breaches of peace, riots, affrays, committing a willful injury to property, and all misdemeanors. [punishable by fine not exceeding $1,000, or imprisonment not exceeding 6 months, or by both fine and imprisonment.]

      Sec. 9.  NRS 42.010 is hereby amended to read as follows:

      42.010  In an action for the breach of an obligation not arising from contract, where the defendant: [has]

      1.  Has been guilty of oppression, fraud or malice, express or implied [,] ; or

      2.  Caused an injury by the operation of a motor vehicle in violation of NRS 484.379 or 484.3795 after willfully consuming or using alcohol or another substance, knowing that he would thereafter operate the motor vehicle,

the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.

      Sec. 10.  Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The governing body of each city may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 484.379 for similar offenses under city ordinance.

      Sec. 11.  Sections 1, 3, 4 and 8 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

__________


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ê1981 Statutes of Nevada, Page 1929ê

 

CHAPTER 756, SB 489

Senate Bill No. 489–Committee on Government Affairs

CHAPTER 756

AN ACT relating to special assessments; providing for the use of certain surpluses to meet deficiencies in certain special assessments; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Assessment bonds, which are issued for districts created pursuant to NRS 244A.067 to 244A.281, inclusive, 244A.291 to 244A.439, inclusive, or chapters 271 or 318 of NRS before the effective date of this act, may bear interest at a rate higher than the rate of interest established on assessments payable in installments, if the governing body has first established a surplus and deficiency fund and transferred to it money sufficient to eliminate any deficiency caused by the lower rate of interest imposed on the payment of assessments by installments.

 

__________

 

 

CHAPTER 757, SB 663

Senate Bill No. 663–Committee on Government Affairs

CHAPTER 757

AN ACT relating to municipal airports; authorizing municipalities to incur special obligations to facilitate their expansion; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 496.155 is hereby amended to read as follows:

      496.155  1.  Subject to the provisions of NRS 496.150 and [subsection] subsections 2 and 3 of this section, for any undertaking authorized in NRS 496.150, the governing body of a municipality, as it may determine from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated, and evidence the obligations by the issuance of bonds and other municipal securities, and in connection with the undertaking or the municipal airport, including without limitation air navigation facilities and other facilities appertaining to the airport, the governing body may otherwise proceed [, all] as provided in the Local Government Securities Law [, as from time to time amended.] or as provided in subsections 4 and 5.

      2.  General obligation bonds, whether or not their payment is additionally secured by a pledge of net revenues, must be sold as provided in the Local Government Securities Law.

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

      4.  The governing body may by resolution acquire real property for the expansion of airport or air navigation facilities by entering into contracts of purchase, of a type and duration and on such terms as the governing body determines, including without limitation, contracts secured by a mortgage or other security interest in the real property.


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ê1981 Statutes of Nevada, Page 1930 (Chapter 757, SB 663)ê

 

the expansion of airport or air navigation facilities by entering into contracts of purchase, of a type and duration and on such terms as the governing body determines, including without limitation, contracts secured by a mortgage or other security interest in the real property. The governing body may not use any revenue derived from taxes ad valorem to pay for the acquisition, and the obligation under the contract does not constitute a general obligation of the municipality or apply against any debt limitation pertaining to the municipality.

      5.  The governing body may by resolution enter into short-term financing for any undertaking authorized in NRS 496.150 and issue negotiable instruments without regard to the limitation specified in paragraph (b) of subsection 2 of NRS 354.440.

      Sec. 2.  NRS 354.440 is hereby amended to read as follows:

      354.440  1.  Whenever [any] the governing 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] Except as provided in subsection 5 of NRS 496.155, the negotiable notes or bonds must:

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

      (b) Bear interest 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 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 body determines.

      Sec. 3.  Section 39.5 of Assembly Bill No. 167 of the 61st session of the Nevada legislature is hereby amended to read as follows:

      354.440  1.  Whenever the governing 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.  Except as provided in subsection 5 of NRS 496.155, the negotiable notes or bonds must:

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

      (b) Bear interest not to exceed 9 percent per annum.

      (c) Be redeemable at the option of 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 body determines.

      Sec. 4.  This act shall become effective upon passage and approval.

 

__________


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ê1981 Statutes of Nevada, Page 1931ê

 

CHAPTER 758, SB 674

Senate Bill No. 674–Committee on Judiciary

CHAPTER 758

AN ACT relating to guardianships; establishing special guardianships for persons of limited capacity and prescribing the powers and duties of special guardians; revising the procedure for the appointment of guardians; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  A person is of “limited capacity” if he is able to make independently some but not all of the decisions necessary for his own care and the management of his property.

      Sec. 3.  “Special guardian” means a guardian of a person of limited capacity.

      Sec. 4.  1.  A proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.

      2.  The petition must state:

      (a) The name and address of the petitioner;

      (b) The name, age and address of the proposed ward;

      (c) Whether the proposed ward is a resident or nonresident of this state;

      (d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree;

      (e) The name and address of the proposed guardian;

      (f) A summary of the reasons why a guardian is needed;

      (g) Whether the appointment of a general or a special guardian is sought;

      (h) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Veterans’ Administration, the petition must so state;

      (i) The name and address of any person or institution having the care, custody or control of the proposed ward;

      (j) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment; and

      (k) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      Sec. 5.  The citation must state that the:

      1.  Proposed ward may be adjudged to be incompetent or of limited capacity and a guardian may be appointed for him;

      2.  Proposed ward’s rights may be affected as specified in the petition;

      3.  Proposed ward has the right to appear at the hearing and to oppose the petition; and


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ê1981 Statutes of Nevada, Page 1932 (Chapter 758, SB 674)ê

 

      4.  Proposed ward has the right to be represented by an attorney, who who may be appointed for him by the court if he is unable to retain one.

      Sec. 6.  1.  Upon filing of the petition, or any time thereafter, the court may appoint an investigator to locate persons who perform services needed by the proposed ward and other public and private resources available to him. The investigator may be an employee of a social service agency, family service officer of the court or other qualified person.

      2.  The investigator, if one is appointed, shall file with the court and parties a written report stating his opinion of the nature of the proposed ward’s incapacity, if any, and of the powers which a guardian would need to assist the proposed ward.

      Sec. 7.  1.  A petitioner may request the court to appoint a temporary guardian. The petitioner must support the request by presenting under oath to the court facts which show that the:

      (a) Proposed ward faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention;

      (b) Proposed ward lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention; and

      (c) Petitioner has tried in good faith to notify the persons entitled to notice under NRS 159.047.

      2.  If the court finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention and that the petitioner has tried in good faith to notify the persons entitled to notice, it may appoint a temporary guardian to serve for 10 days. The court shall limit the temporary guardian’s powers to those necessary to assist in the emergency.

      3.  Within 10 days after the appointment of a temporary guardian under subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. If the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. The court shall limit the temporary guardian’s powers to those necessary to assist in the emergency.

      Sec. 8.  1.  If the proposed ward is in the state, he must attend the hearing unless the court for good cause excuses him from attending.

      2.  If the proposed ward is not in the state, he must attend the hearing only if the court determines that his attendance is necessary in the interests of justice.

      Sec. 9.  1.  If the court finds the proposed ward competent and not in need of a guardian, it shall dismiss the petition.

      2.  If the court finds the proposed ward to be of limited capacity and in need of a special guardian, it shall enter judgment accordingly and specify the powers and duties of the special guardian.

      3.  If the court finds that appointment of a general guardian is required, it shall appoint such a guardian of the ward’s person, estate, or person and estate.

      Sec. 10.  Before letters of guardianship may issue, a copy of the order appointing the guardian must be served personally or by mail upon the ward.


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ê1981 Statutes of Nevada, Page 1933 (Chapter 758, SB 674)ê

 

appointing the guardian must be served personally or by mail upon the ward. The order must contain the names, addresses and telephone numbers of the guardian, the ward’s attorney, if any, and the investigator.

      Sec. 11.  A parent or spouse of an incompetent, minor or person of limited capacity may by will nominate a guardian. The person nominated must file a petition and obtain an appointment from the court before exercising the powers of a guardian.

      Sec. 12.  A special guardian shall exercise his supervisory authority over the ward in a manner which is least restrictive of the ward’s personal freedom consistent with the need for supervision and protection.

      Sec. 13.  The court may grant a special guardian of a person of limited capacity the power to manage and dispose of his ward’s estate pursuant to NRS 159.117 to 159.175, inclusive, and perform any other act relating to the ward upon specific instructions or approval of the court.

      Sec. 14.  A guardian shall not consent to experimental medical treatment or sterilization of a ward unless he is specifically empowered to do so by the court.

      Sec. 15.  Every guardianship must be reviewed by the court annually.

      Sec. 16.  A ward or other person may petition the court for the termination or modification of a guardianship. Upon the filing of the petition, the court may appoint an attorney to represent the ward if he is unable to retain one and the court determines that the appointment is necessary to protect his interests.

      Sec. 17.  NRS 159.013 is hereby amended to read as follows:

      159.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159.015 to 159.027, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in [such] those sections.

      Sec. 18.  NRS 159.015 is hereby amended to read as follows:

      159.015  “Court” means any court or judge having jurisdiction of the persons and estates of minors [and] , incompetent persons, or [any judge thereof.] persons of limited capacity.

      Sec. 19.  NRS 159.017 is hereby amended to read as follows:

      159.017  “Guardian” means any person [or corporation] appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes a bank under NRS 662.245 and joint appointees. The term includes a special guardian.

      Sec. 20.  NRS 159.021 is hereby amended to read as follows:

      159.021  “Institution” includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of incompetents, persons of limited capacity or minors.

      Sec. 21.  NRS 159.029 is hereby amended to read as follows:

      159.029  So far as possible, any proceeding or matter undertaken or commenced pursuant to any provision of law [prior to] before July 1, 1969, [shall] must be conducted and completed pursuant to this chapter [.] and any proceeding or matter undertaken or commenced pursuant to any provision of law before July 1, 1981, for the appointment of a guardian must be conducted and completed pursuant to the amendatory provisions which become effective on that date.


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ê1981 Statutes of Nevada, Page 1934 (Chapter 758, SB 674)ê

 

      Sec. 22.  NRS 159.035 is hereby amended to read as follows:

      159.035  Any court [having jurisdiction of the persons and estates of minors and incompetent persons] of competent jurisdiction may appoint:

      1.  Guardians of the person, of the estate or of the person and estate for resident incompetents or resident minors.

      2.  Guardians of the person or of the person and estate for incompetents or minors who, although not residents of this state, are physically present in this state and whose welfare requires such appointment.

      3.  Guardians of the estate for nonresident incompetents or nonresident minors who have property within this state.

      4.  Special guardians.

      Sec. 23.  NRS 159.043 is hereby amended to read as follows:

      159.043  All petitions filed in any guardianship proceeding [shall] must bear the title of the court and cause. It is sufficient for the caption to read, “IN THE MATTER OF THE GUARDIANSHIP of .............................., a(n) .............................. WARD”, without designating the ward as an incompetent [.] or a person of limited capacity.

    (minor) (adult)

      Sec. 24.  NRS 159.047 is hereby amended to read as follows:

      159.047  1.  Except as otherwise provided in NRS 159.049 to 159.053, inclusive, the court, upon the filing of a petition under [NRS 159.045,] section 4 of this act, shall direct the clerk to issue a citation setting forth a time and place for the hearing and directing the persons or institutions referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.

      2.  A citation issued under subsection 1 [shall] must be served:

      (a) If the proposed ward is an incompetent [, on any person or an officer of any institution having the care, custody or control of the incompetent, and on the incompetent.

      (b) If the proposed ward is a minor, on any person or an officer of any institution having the care, custody or control of the minor, and if the minor is 14 years of age or older, on the minor.] :

             (1) Upon the spouse and adult children of the incompetent or person of limited capacity who are known to exist, or, if there are none, upon any parent, brother or sister of the incompetent or person of limited capacity;

             (2) Upon any person or officer of an institution having the care, custody or control of the incompetent or person of limited capacity; and

             (3) Upon the incompetent or person of limited capacity.

      (b) If the proposed ward is a minor:

             (1) Upon the parents of the minor;

             (2) Upon any person or officer of an institution having care, custody or control of the minor; and

             (3) If the minor is 14 years of age or older, upon the minor.

      Sec. 25.  NRS 159.049 is hereby amended to read as follows:

      159.049  The court may, without citation, appoint a guardian for the proposed ward if [:

      1.  The petitioner] the:


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ê1981 Statutes of Nevada, Page 1935 (Chapter 758, SB 674)ê

 

      1.  Petitioner is a parent seeking appointment of a guardian for his [or her] minor child under 14 years of age who is in the lawful custody of the petitioner.

      2.  [The proposed] Proposed ward is a minor 14 years of age or older and the petition is accompanied by the written consent of the minor or the minor consents in open court.

      3.  [The petitioner] Petitioner is a foreign guardian of a nonresident proposed ward, and the petition is accompanied by an authenticated copy of the record of his appointment and by evidence of existing authority of the foreign guardian.

      Sec. 26.  NRS 159.053 is hereby amended to read as follows:

      159.053  1.  [The citation shall] A copy of the citation must be served [by the sheriff of the county where the person to be served is found, or by his deputy, or by any citizen of the United States over 21 years of age, not a party to or interested in the proceeding. Where the service of citation is made outside of the United States, after any order of publication, it may be served either by any citizen of the United States over 21 years of age or by any resident of the country, territory, colony or province who is over 21 years of age and not a party to or interested in the proceeding.

      2.  If personal service of the citation is had within the state in which the proceeding is pending, it shall be served at least 20 days prior to the date set for the hearing.

      3.  If any person] by certified mail, with a return receipt requested, on each person required to be served in subsection 2 of NRS 159.047 at least 20 days before the hearing.

      2.  If none of the persons on whom the citation is to be served [resides out of the state, has departed from the state, cannot,] can, after due diligence, be [found within the state or conceals himself to avoid the service of citation, and where it] served by certified mail and this fact is proven, by affidavit, to the satisfaction of the court, [or judge, that a petition for appointment of a guardian has been filed and that the person to be served with a citation is one of the persons set forth in NRS 159.047,] service of [citation shall] the citation must be made in the manner provided by N.R.C.P. 4(e). In all such cases, the citation [shall be served upon such person] must be published at least 20 days [prior to] before the date set for the hearing.

      [4.  Service of citation is not necessary]

      3.  A citation need not be served on a person or an officer of an institution who has signed the petition or a written waiver of service of citation or who makes a general appearance.

      [5.]  4.  If the proposed ward is receiving [moneys] money paid or payable by the United States through the Veterans’ Administration, a copy of the citation [shall] must be mailed to any Veterans’ Administration office in this state.

      5.  Notice shall be deemed sufficient if each person who is required to be served is mailed a copy of the citation at his last known address by means of certified mail with return receipt requested, and either a postal receipt has been returned evidencing delivery or the letter has been returned marked undelivered, but if none of the family members to whom notices have been mailed have been served, as evidenced by the return letters, notice shall be deemed to be sufficient only upon proof of publication of the citation.


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ê1981 Statutes of Nevada, Page 1936 (Chapter 758, SB 674)ê

 

returned marked undelivered, but if none of the family members to whom notices have been mailed have been served, as evidenced by the return letters, notice shall be deemed to be sufficient only upon proof of publication of the citation.

      Sec. 27.  NRS 159.055 is hereby amended to read as follows:

      159.055  1.  The petitioner has the burden of proving that the appointment of a guardian is necessary.

      2.  If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed ward, the court shall make an order appointing a guardian. The order [shall:] must:

      (a) Specify whether the guardian appointed is guardian of the person, of the estate, [or] of the person and estate [;] or a special guardian;

      (b) [Specify whether the ward is an incompetent or minor;

      (c)] Specify whether the ward is a resident or nonresident of this state;

      [(d)](c) Specify the amount of the bond to be executed and filed by the guardian; and

      [(e)](d) Designate the names and addresses of the heirs at law and next of kin of the ward, so far as may be determined, upon whom notice [shall] must be served.

      [2.]  3.  Any notice required by the provisions of this chapter to be given the heirs at law and next of kin of the ward is sufficient if mailed to the persons listed in the order of appointment or in any amendment to [such] that order which may be made by the court.

      Sec. 28.  NRS 159.061 is hereby amended to read as follows:

      159.061  The parents of a minor, or either parent, if qualified and suitable, [shall be] are preferred over all others for appointment as guardian for the minor. Subject to this preference, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve. In determining who is most suitable, the court shall give consideration, among other factors, to:

      1.  Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.

      2.  Any [request for the appointment as] nomination of a guardian for [a] an incompetent, minor [child] or person of limited capacity contained in a will or other written instrument executed by a parent [of the minor child.] or spouse of the proposed ward.

      3.  Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.

      4.  The relationship by blood or marriage of the proposed guardian to the proposed ward.

      Sec. 29.  NRS 159.075 is hereby amended to read as follows:

      159.075  When a guardian has taken the official oath and filed a bond as provided herein, the court shall cause to be issued letters of guardianship to the guardian. Letters of guardianship may be in the following form:


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ê1981 Statutes of Nevada, Page 1937 (Chapter 758, SB 674)ê

 

STATE OF NEVADA

 

 

COUNTY OF.................................................................

}

ss.

TO ALL TO WHOM THESE PRESENTS COME, GREETING:

      Know Ye, that on .............................., 19....., the .............................. [,] Judicial District Court, .............................. County, State of Nevada, appointed .................................................. [guardian of the] ..................................................

                                                             (name of guardian)                                         [(person] (guardian of the person

.......................................................................................... for ..................................., a(n) ........................................,

or estate or person and [estate)] estate or special guardian)            (name of ward)                        (minor or adult)

that the named guardian has qualified and has the authority and shall perform the duties of [guardian of the] ....................

                                                                                                                                                                    [(person]

......................................................................................................................................for the named ward as provided

     (guardian of the person or estate or person and [estate)] estate or special guardian)

by law.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the court at my office on

.............................., 19......

    (month) (day)

                                                                                                .......................................................

                                                                                                                                              Clerk

(SEAL)

                                                                                                .......................................................

                                                                                                                                 Deputy clerk

 

      Sec. 30.  NRS 159.177 is hereby amended to read as follows:

      159.177  A guardian of the estate or special guardian who is authorized to manage the ward’s property shall make and file a verified account in the guardianship proceeding:

      1.  Annually within 60 days after the anniversary date of his appointment, unless the court otherwise orders.

      2.  Upon filing his petition to resign and before his resignation is accepted by the court.

      3.  Within 30 days after the date of his removal.

      4.  Within 90 days after the date of termination of the guardianship.

      5.  At such other times as the court may order.

      Sec. 31.  NRS 159.179 is hereby amended to read as follows:

      159.179  1.  Each account made and filed by a guardian of the estate or special guardian who is authorized to manage the ward’s property shall include the following information:

      (a) The period of time covered by the account.

      (b) All cash receipts and disbursements during the period covered by the account.

      (c) All claims filed and the action taken thereon.

      (d) Any changes in the ward’s property due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the ward’s property holdings as reported in the original inventory or the preceding account.


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ê1981 Statutes of Nevada, Page 1938 (Chapter 758, SB 674)ê

 

      (e) Such other information as the guardian considers necessary to show the condition of the affairs of the ward.

      2.  If the account is for the estates of two or more wards it [shall] must show the interest of each ward in the receipts, disbursements and property.

      3.  Receipts or vouchers for all expenditures [shall] must be filed with the account or produced at the hearing, unless excused by law or by the court. The court may dispense with the necessity of filing receipts or vouchers under the same circumstances provided for in NRS 150.150.

      Sec. 32.  NRS 159.201 is hereby amended to read as follows:

      159.201  If at any time during the course of the guardianship proceedings it appears to the court that, after payment of all claims and expenses of the guardianship the value of the ward’s property does not exceed $3,000, the court may:

      1.  Authorize the guardian of the estate or special guardian who is authorized to manage the ward’s property to convert [such] the property to cash or marketable stocks and bonds and sell any of [such] the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit such cash in savings accounts or invest [such cash] it as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the ward. The court may dispense with annual accountings and all other proceedings required by this chapter if [such] the investment fund is held intact to be distributed to the ward upon removal of his legal disability.

      2.  If the ward is a minor, terminate the guardianship of the estate and direct the guardian to deliver the ward’s property to the father or mother of [such] the minor to hold, invest or use as the court may order.

      Sec. 33.  NRS 159.031, 159.045, 159.051 and 159.063 are hereby repealed.

 

__________

 

 

CHAPTER 759, SB 681

Senate Bill No. 681–Committee on Government Affairs

CHAPTER 759

AN ACT to amend an act entitled “An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved April 24, 1971, as amended.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Section 2.110 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1068, is hereby amended to read as follows:

 

       Sec. 2.110  Ordinances: Enactment procedure; emergency ordinances.


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ê1981 Statutes of Nevada, Page 1939 (Chapter 759, SB 681)ê

 

       1.  All proposed ordinances when first proposed [shall] must be read to the board of commissioners by title and referred to a committee composed of any number of members of the board for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be deposited with the city clerk for public examination and distribution [.] upon request. Except as otherwise provided in subsection 3, notice of [such deposit shall] the deposit must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] and published in the city at least 1 week [prior to] before the adoption of the ordinance. The board of commissioners shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.

       2.  At the next regular meeting or adjourned meeting of the board of commissioners following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such ordinance back to the board of commissioners. Thereafter, it shall] on the proposed ordinance or request additional time to consider it. The committee must complete its additional consideration of the proposed ordinance and report to the board within the 30-day period specified in subsection 1. After a report by the committee, the proposed ordinance must be read by title as first introduced, or as amended, and [thereupon the proposed ordinance shall be] finally voted upon or action thereon postponed; but [such postponement shall not exceed] the ordinance must be adopted, with or without amendments, or rejected within 30 days from the date of publication as provided in subsection 1.

       3.  In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of commissioners final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.

       4.  All ordinances [shall] must be signed by the mayor, attested by the city clerk [, and shall be] and published by title, together with the names of the members of the board of commissioners voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] and published in the city [for] at least [one publication,] once, before the ordinance [shall become] becomes effective. The board of commissioners may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

       5.  The city clerk shall record all ordinances in a register kept for that purpose, together with the affidavits of publication by the publisher.

 

      Sec. 2.  Section 2.120 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 344, Statutes of Nevada 1973, at page 429, is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 1940 (Chapter 759, SB 681)ê

 

       Sec. 2.120  Codification of ordinances; publication of code.

       1.  The board of commissioners may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of commissioners, have incorporated therein a copy of this charter and such additional data as the board of commissioners may prescribe. When [such] the code is published, two copies [shall] must be filed with the librarian at the supreme court law library.

       2.  The ordinances in the code [shall] must be arranged in appropriate titles, chapters, [articles] and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts [.] of the ordinances.

       3.  The codification [shall] must be adopted by an ordinance and may include amendments and additions to existing ordinances and new matters unrelated thereto; and the only title necessary for the ordinance [shall be,] is, “An ordinance for codifying and compiling the general ordinances of the City of Las Vegas.”

       4.  The codification may be amended or extended [by ordinance.] by the insertion of new ordinances. Two copies of such ordinances must be filed with the librarian at the supreme court law library.

 

      Sec. 3.  Section 2.170 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1070, is hereby amended to read as follows:

 

       Sec. 2.170  Powers of board of commissioners: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations.  The board of commissioners may:

       1.  Organize, regulate and maintain a fire department.

       2.  [Provide for the appointment of a fire chief and prescribe his duties.

       3.]  Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the [distance from any residential or commercial area] location within the city where it may be kept.

       [4.]  3.  Establish, by ordinance, a fire code and other regulations necessary to provide for the prevention of and protection against fires and to carry out the purposes of this section.

       4.  Suspend or revoke the license of any business for failing to comply with any regulations adopted pursuant to this section.

 

      Sec. 4.  Section 2.250 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1071, is hereby amended to read as follows:

 

       Sec. 2.250  Powers of board of commissioners: Railroads.  The board of commissioners may:

       1.  License, regulate, establish or prohibit [the location, construction or laying of tracks of any railroad or streetcar in] any means of transportation which has a fixed guide or rail upon, over or under any public right of way.


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ê1981 Statutes of Nevada, Page 1941 (Chapter 759, SB 681)ê

 

       2.  Grant franchises to any person, firm or corporation to operate [a railroad or streetcar] such transportation upon public rights of way and adjacent property.

       3.  Declare a nuisance and require the removal of the [tracks of any railroad or streetcar] guides or rails of any such transportation in any public right of way.

       4.  Condemn rights of way for any public purpose across [any railroad] a right of way [.] which is owned or controlled by any person who owns such transportation.

       5.  Prescribe the length of time any public right of way may be obstructed by [trains] such transportation standing thereon.

       6.  Require [railroad companies] the owners of such transportation to provide any necessary protection against injuries to persons or property, to fence their tracks [and] , to construct cattle guards and crossings and to keep them in repair.

       7.  Prohibit the owners of such transportation from impairing the drainage of property which is adjacent to any right of way which is owned or controlled by them.

       8.  Subject to the provisions of NRS 704.300, compel the owners of such transportation to raise or lower its guides or rails to permit crossing them above or below grade as established by the city.

 

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CHAPTER 760, AB 267

Assembly Bill No. 267–Committee on Judiciary

CHAPTER 760

AN ACT relating to abortions; requiring hospitals to report complications resulting from abortions; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 442 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each hospital shall submit a monthly report to the state registrar of vital statistics which contains the following information:

      1.  The number of patients admitted for hospital care for a complication which resulted from an abortion;

      2.  The nature of the complication by its diagnostic name; and

      3.  The type of abortion.

 

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ê1981 Statutes of Nevada, Page 1942ê

 

CHAPTER 761, AB 343

Assembly Bill No. 343–Assemblymen Jeffrey and Thompson

CHAPTER 761

AN ACT relating to racing; reducing the number of days of horse racing required at a greyhound track; reducing the tax paid to the state on pari-mutuel wagering on horse races and establishing a minimum to be distributed as purses for horse races; vesting the entire control of licensing for the conduct of racing and of pari-mutuel wagering at racetracks in the Nevada gaming commission and state gaming control board; limiting the conduct of pari-mutuel wagering to the enclosure wherein the race is conducted; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 466.020 is hereby amended to read as follows:

      466.020  As used in this chapter, unless the context otherwise requires, “commission” means the Nevada racing commission.

      Sec. 2.  NRS 466.030 is hereby amended to read as follows:

      466.030  1.  The Nevada racing commission, consisting of five members appointed by the governor, is hereby created.

      2.  [The] Except as otherwise provided in this chapter for licenses to conduct racing and pari-mutuel wagering, the jurisdiction, supervision, powers and duties of the commission extend to all persons, associations or corporations which hold or conduct any meeting within the State of Nevada where any racing is permitted for any stake, purse or reward.

      3.  The commission shall adopt regulations [for the conduct of horse and greyhound racing.] to carry out its powers and duties under this chapter.

      Sec. 3.  NRS 466.090 is hereby amended to read as follows:

      466.090  1.  No person or persons, association or corporation, except state fair associations, agricultural societies, county fair and recreation boards, and other associations to which state or county aid is given, [shall] may hold or conduct any meeting within the State of Nevada where racing is permitted for any stake, purse or reward, except when [such] the person, association or corporation is licensed by the Nevada gaming commission as provided in this chapter.

      2.  It is unlawful for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, except state fair associations, agricultural societies, county fair and recreation boards, and other associations to which state or county aid is given, to operate, carry on, conduct or maintain in the State of Nevada any form of wagering under the system known as the pari-mutuel method of wagering on any racing event, without having first procured a license for the same as provided in this chapter.

      3.  No alien or any person except a citizen of the United States [shall] may be issued a pari-mutuel wagering license, or shall directly or indirectly own, operate or control any game or device so licensed.

      Sec. 4.  NRS 466.095 is hereby amended to read as follows:

      466.095  The Nevada gaming commission shall not issue any license to conduct pari-mutuel wagering in connection with any greyhound race unless:


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ê1981 Statutes of Nevada, Page 1943 (Chapter 761, AB 343)ê

 

      1.  Greyhound racing is permitted by a special charter of a city to be conducted in that city and a license to conduct the race has been issued by the city council or other governing body of such city; or

      2.  The county license board of a county having a population of less than 100,000 has issued a license to conduct the race in the county outside of an incorporated city or incorporated town.

      Sec. 5.  NRS 466.100 is hereby amended to read as follows:

      466.100  1.  Any natural person, [or persons,] association or corporation desiring to conduct racing within the State of Nevada [during any calendar year shall apply to the commission] must apply to the state gaming control board for a license so to do.

      [2.  An application shall be filed with the secretary of the commission on or before a date to be fixed by the commission.] The application [shall:

      (a) Specify the days on which such race meeting is desired to be conducted or held.

      (b) Be] must be in such form and supply such data and information as the [commission shall prescribe.] board prescribes.

      2.  The board shall investigate the applicant, and any other person whom it believes necessary to determine the applicant’s suitability to receive a license to conduct racing. The cost of the investigation must be paid by the applicant. The board shall recommend in writing to the Nevada gaming commission either approval or denial of the license. If denial is recommended, the board shall prepare and file with the commission its written reasons for that recommendation. If the board recommends denial, the Nevada gaming commission may grant the license only by unanimous vote of the members present.

      3.  The decision of the Nevada racing commission on the award of all dates [shall be] , the conduct of races and any other matter concerning racing which is not expressly conferred upon the Nevada gaming commission, is final, but the commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.

      4.  The Nevada gaming commission [shall have the power to] may revoke, modify or suspend a license or [to] refuse to issue [the same] a license if it has reasonable cause to believe that the public interest can best be served [.] by such an action. No license may be revoked or suspended until after a hearing held by [the] that commission after notice in writing to the licensee or his agent or employee in charge of the licensed premises. The reasons for such [action shall] an action must be written in full in the records of [the] that commission. The action of [the] that commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.

      5.  [The commission shall not grant a license to conduct pari-mutuel wagering in connection with any racing event unless and until the applicant has been investigated as provided in NRS 466.105.

      6.  A] The Nevada gaming commission may issue a license to conduct greyhound racing:

      (a) [May be issued only] In a county whose population is 250,000 or more:


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ê1981 Statutes of Nevada, Page 1944 (Chapter 761, AB 343)ê

 

             (1) Only if the license is issued in conjunction with a license to conduct horse racing and for a track on which horse racing is actually conducted, unless the Nevada gaming commission, for good cause, modifies or waives [such] those requirements for a period not exceeding 1 year [from] after the date of opening; and

      [(b) Shall provide that the days of greyhound racing shall not exceed 3 days to 1 day of horse racing in any 1 year.

      7.  Prior to] (2) Only on a condition that the licensee provide for horse racing at least 40 days in each year. On any number of these required days, horse racing may be conducted by an agricultural association, county fair or other organization not for profit which is authorized by the commission to do so, and the licensee to conduct dog racing must be credited with 6 days toward the required 40 days even if no horse racing or fewer than 6 days is actually conducted by any such organization.

      (b) In any other county, only if the licensee:

             (1) Provides for horse racing a required under paragraph (a); or

             (2) Unless there are 40 or more days of horse racing, approved by the Nevada racing commission, conducted within 100 miles of his track, pays to the commission $200,000 for each year or an amount equal to 0.5 percent of all pari-mutuel money handled, whichever is greater, to be distributed by that commission as additional purses for horses racing in this state. If fewer than 40 days of horse racing are so conducted, the amount required by the preceding sentence is reduced by a proportion equal to the ratio of days of horse racing actually conducted to days of greyhound racing actually conducted. The percentage required by this subparagraph must be paid daily, and any further amount required must be paid at the close of dog racing for the calendar year. The Nevada racing commission shall apportion $1,000 to be distributed at each track where horse racing is conducted on each day of racing authorized by that commission, and the remainder of the money among those tracks in proportion to the pari-mutuel money handled by each.

      6.  Before the running of any race meet licensed by the Nevada racing commission, the licensee shall post with [the] that commission cash not to exceed $50,000 or a bond payable to the State of Nevada in such amount, not to exceed $50,000, as [the] that commission deems necessary, issued by a corporate surety authorized to do business in this state, conditioned for the payment of all [moneys] money due to the state, the payment of purses to the participants, and the employees of the licensee. After the race meet the [same shall] posted cash or bond must be returned or exonerated as the case may be, upon full performance by the licensee. Agricultural associations conducting race meets are exempt from this subsection.

      [8.]  7.  A licensee holding a license to conduct greyhound racing shall not sell any stock in [such] the enterprise to the public.

      8.  A license to conduct horse or dog racing issued by the Nevada gaming commission or Nevada racing commission continues to be valid without renewal unless it is suspended or revoked or the licensee changes the location at which he conducts racing or ceases to conduct racing.

      Sec. 6.  NRS 466.105 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 1945 (Chapter 761, AB 343)ê

 

      466.105  1.  Every application for a license to conduct pari-mutuel wagering under this chapter [shall] must be made upon forms prescribed and furnished by the [racing commission.

      2.  The Nevada racing commission shall refer such applications to the Nevada gaming commission for investigation, by the] state gaming control board. [, of] The board shall investigate the applicant, including its officers and directors, if any, [thereof. Such investigations shall be conducted] in the same manner as [those for gaming license] applicants [but subject to the rules and regulations of the racing commission.

      3.]  for gaming licenses.

      2.  The cost of each investigation made pursuant to this section [shall] must be paid by the applicant. Investigation costs [shall] must be charged on the same basis as those for gaming license investigations.

      [4.  The Nevada gaming commission, through the] 3.  The state gaming control board [, shall investigate such persons and applicants as are referred by the racing commission and shall make a full and complete report thereof to the racing commission.] shall make its recommendations to the Nevada gaming commission, and that commission shall grant or deny licenses, in the same manner as prescribed in chapter 463 of NRS for a state gaming license.

      Sec. 7.  NRS 466.110 is hereby amended to read as follows:

      466.110  1.  A person, corporation or association shall not be given a license to conduct more than 300 days each of horse and greyhound racing, separately or simultaneously in any 1 year on any one track within the State of Nevada.

      2.  The Nevada racing commission may, at any time or times, in its discretion, authorize any person, corporation or association to transfer its racing meet or meetings from its own track or place for holding races to the track or place for holding races of any other person, corporation or association. No such authority to transfer may be granted without express consent of the person, corporation or association owning or leasing the track to which [such] the transfer is made, but nothing in this section affects in any manner the license fees, requirements, rights, conditions, terms and provisions of NRS 466.120 or the provision for taxes contained in NRS 466.125.

      Sec. 8.  NRS 466.115 is hereby amended to read as follows:

      466.115  A license shall not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of [such track except] the track first licensed unless:

      1.  The second track is a county fair race meeting authorized by the commission which does not exceed 6 days in duration during that calendar year [.] ; or

      2.  One of the tracks has qualified for licensing under subparagraph (2) of paragraph (b) of subsection 6 of NRS 466.100.

      Sec. 9.  NRS 466.125 is hereby amended to read as follows:

      466.125  1.  Each licensee conducting racing with pari-mutuel wagering shall pay to the commission for the use of the state a tax at the rate of [3] 2 percent on all pari-mutuel money handled on horse races and 4 percent on all pari-mutuel money handled on greyhound races during the race meeting.


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ê1981 Statutes of Nevada, Page 1946 (Chapter 761, AB 343)ê

 

percent on all pari-mutuel money handled on greyhound races during the race meeting.

      2.  State fair associations, agricultural societies, county fair and recreation boards and county agricultural associations shall pay 1 percent of the pari-mutuel money handled during race meetings.

      3.  Each licensee conducting racing with pari-mutuel wagering, except a state fair association, agricultural society, county fair and recreation board, or other association to which state or county aid is given, shall distribute no less than 8 percent of all pari-mutuel money handled on horse races as purses to the owners of the horses winning those races.

      Sec. 10.  NRS 466.130 is hereby amended to read as follows:

      466.130  1.  [In addition to the licensing of racing as provided in this chapter, the commission is authorized in its discretion to] The Nevada racing commission may issue licenses for the holding of trotting and pacing meetings and chariot races at which there may be offered stakes, purses or awards.

      2.  The Nevada racing commission [shall have] has supervisory powers over such meetings and those licensed in the same manner and to the same extent, where not inappropriate, as it has by virtue of the provisions of this chapter over those licensed under other provisions of this chapter. Every applicant shall pay a license fee of not less than $25 nor more than $200 for each day that races are held.

      [3.  The commission shall authorize not more than 100 days of racing with betting privileges in any 1 year to any one track.]

      Sec. 11.  NRS 466.155 is hereby amended to read as follows:

      466.155  1.  It is unlawful for any person to operate a system of pari-mutuel wagering on any licensed horse race or dog race outside the enclosure wherein the race which is the subject of the wagering occurs.

      2.  All other forms of wagering or betting on the results of any of the races licensed under this chapter outside the enclosure where such races or events [are licensed by the commission] occur are also illegal, unless expressly authorized by the Nevada gaming commission.

      Sec. 12.  NRS 466.170 is hereby amended to read as follows:

      466.170  1.  The commission shall adopt regulations [providing for the pari-mutuel method of wagering on races and] for the licensing, supervising, disciplining, suspending, finding and barring from racing, on any track under the jurisdiction of the commission, of horses, greyhounds, owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents and any other person, persons, organizations, associations or corporations [, the] whose activities [of whom] affect the conduct or operation of licensed race meetings.

      2.  At a licensed race meeting or race, a person shall not enter a horse or greyhound or participate as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the commission a license so to do, and paying such fees as the commission [shall determine] determines to be reasonable therefor. The commission [is authorized to] may issue such licenses, and may revoke them at any time for cause.

      3.  The regulations of the commission may include, but are not limited to, the following:


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ê1981 Statutes of Nevada, Page 1947 (Chapter 761, AB 343)ê

 

      (a) A requirement for fingerprinting, or other method of identification, of applicants and licensees;

      (b) A requirement for information concerning applicants’ antecedents, habits and character; and

      (c) The procedure and form of application which applicants shall follow and complete prior to consideration of their applications by the commission.

      4.  If one member of the commission is a resident within an agricultural district which is conducting racing, that member is the representative of the commission at that race meeting. If more than one member of the commission is a resident within such a district, the commission shall determine how it is represented at the race meeting.

      5.  No member of the commission who officially represents the commission at a race meeting may own or otherwise have any financial interest in any horse entered in that race meeting.

      6.  The Nevada gaming commission may adopt regulations for the conducting of pari-mutuel wagering under this chapter. The regulations must be similar to that commission’s regulations relating to the conduct of gaming adopted pursuant to chapter 463 of NRS.

      Sec. 13.  NRS 464.020 is hereby amended to read as follows:

      464.020  1.  The Nevada gaming commission [shall be] is charged with the administration of this chapter for the protection of the public and in the public interest.

      2.  The Nevada gaming commission [is empowered to] may adopt, amend and repeal regulations governing, permitting and regulating the pari-mutuel method of wagering on any sporting even [except] , including horse racing and dog racing. Such wagering [shall] must be conducted only by the licensee and only within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs and only on the dates determined and set by the Nevada gaming commission.

      3.  The regulations of the Nevada gaming commission may include, without limitation thereof, the following:

      (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

      (b) Requiring information concerning an applicant’s antecedents, habits and character.

      (c) Prescribing the method and form of application which any applicant for a license under this chapter shall follow and complete prior to consideration of his application by the Nevada gaming commission.

      4.  The Nevada gaming commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed under this chapter pertaining to and affecting the subject of the license.

      Sec. 14.  Section 9 of chapter 688, Statutes of Nevada 1979, at page 1841, is hereby amended to read as follows:

 

       Sec. 9.  Unless continued or reestablished by express act of the legislature, the following agencies terminate on July 1, 1981:

       1.  [The Nevada racing commission.


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ê1981 Statutes of Nevada, Page 1948 (Chapter 761, AB 343)ê

 

       2.]  The bureau of community health services established by the state board of health.

       [3.]  2.  The real estate division of the department of commerce.

 

      Sec. 15.  1.  Sections 10 and 11 of chapter 688, Statutes of Nevada 1979, at page 1841, are hereby repealed.

      2.  Section 8 of Senate Bill No. 183 of this session is hereby repealed.

      Sec. 16.  The Nevada racing commission shall act upon any application to conduct racing or pari-mutuel wagering which has been filed with it before June 1, 1981.

      Sec. 17.  1.  This section and sections 14 and 15 of this act shall become effective upon passage and approval.

      2.  Section 16 of this act shall become effective upon passaged and approval and shall apply retroactively to and including June 1, 1981.

      3.  The remaining sections of this act shall become effective on October 1, 1981.

 

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CHAPTER 762, AB 663

Assembly Bill No. 663–Committee on Government Affairs

CHAPTER 762

AN ACT relating to the Comstock historic district; providing for an agreement concerning the placement of mobile homes within the district; authorizing a fee for issuing certificates of appropriateness; providing for an appeal to a citizens’ board of appeals upon a refusal to issue a certificate of appropriateness; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 384 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The citizens’ board of appeals for the Comstock historic district, consisting of three voting members and one nonvoting member who serves as chairman, is hereby created.

      2.  The board of county commissioners of Storey County shall appoint two members who are residents of that county and the board of county commissioners of Lyon County shall appoint one member who is a resident of that county. Each of the persons appointed must have a knowledge of and interest in the history and historic architecture of the historic district.

      3.  The governor shall appoint one member to serve as the chairman of the board of appeals without a vote. The person appointed must be knowledgeable in laws relating to the preservation of historic structures and in the historic architecture of the American west.

      4.  After the initial appointments, the members appointed by the boards of county commissioners serve for terms of 3 years. The member appointed by the governor serves for a term of 4 years.


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ê1981 Statutes of Nevada, Page 1949 (Chapter 762, AB 663)ê

 

      5.  Any vacancy must be filled by the appointing authority for the remainder of the unexpired term.

      6.  Each member of the board of appeals is entitled to receive a salary of $40 for each day’s attendance at a meeting of the board. The salaries must be paid from the proceeds of any fee charged for the issuance of a certificate of appropriateness.

      Sec. 2.  NRS 384.100 is hereby amended to read as follows:

      384.100  1.  The commission [may] shall establish an historic district in such portions of Storey and Lyon counties as it may designate as provided in NRS 384.010 to 384.210, inclusive, embracing an area within which historic structures, sites and railroads relating to the Comstock lode and its history are or were located.

      2.  Before establishing [any such] the district, the commission shall hold a public hearing after giving notice of the time and place of [such] the hearing in a newspaper of general circulation in each county a portion of which is located within the proposed district.

      3.  [Such notice shall] The notice must be published once a week for 3 consecutive weeks and [shall] must include the purpose of the hearing and the boundaries of the proposed district.

      4.  At [such] the hearing any person may appear in support of or in opposition to the establishment of [such] the district.

      5.  Within 15 days after the hearing the commission shall:

      (a) Establish an historic district and fix its boundaries; or

      (b) Determine not to establish an historic district.

      6.  If an historic district is established, notice thereof [shall] must be given by one publication in a newspaper of general circulation in each county a portion of which is located within the district.

      7.  The commission may alter or change the boundaries of the district by following the same procedure as provided in this section for the establishment of a district.

      8.  After an historic district is established, no housetrailer, [or] mobile home, or recreational vehicle may be placed or established in any area within the district, unless the commission and the board of county commissioners in the appropriate county, by agreement, permit the establishment of a trailer overlay or the location of a mobile home park within the district, upon a finding that such action is needed and that it would not conflict with the historic aspect and character of the affected area.

      Sec. 3.  NRS 384.150 is hereby amended to read as follows:

      384.150  1.  If the commission determines that the proposed construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate, or, although inappropriate, that failure to issue a certificate would result in hardship as provided in subsection 2 of NRS 384.130, or if the commission fails to make a determination within the time prescribed in NRS 384.130, the commission shall immediately issue to the applicant a certificate of appropriateness. The commission may charge and collect a reasonable fee for issuing the certificate. If a fee is charged, 50 percent of the proceeds must be deposited in the state general fund for credit to the appropriate account for the Comstock historic district and 50 percent must be deposited in a nonreverting account for the restoration of the fourth ward school in Virginia City, which is hereby created.


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

ê1981 Statutes of Nevada, Page 1950 (Chapter 762, AB 663)ê

 

deposited in a nonreverting account for the restoration of the fourth ward school in Virginia City, which is hereby created. Money in the account for the restoration of the fourth ward school may be expended only upon approval by the commission.

      2.  In exercising the power to vary or modify strict adherence to the provisions of NRS 384.010 to 384.210, inclusive, or to interpret the meaning of NRS 384.010 to 384.210, inclusive, so as to relieve hardship under the provisions of subsection 2 of NRS 384.130, the commission shall require any variance, modification or interpretation to be in harmony with the general purpose and intent of NRS 384.010 to 384.210, inclusive, so that the general historical character of the district [shall be] is conserved and substantial justice done. In allowing variations, the commission may impose such reasonable and additional conditions as will, in its judgment, better fulfill the purposes of NRS 384.010 to 384.210, inclusive.

      3.  If the commission determines that a certificate of appropriateness should not issue, it shall immediately set forth in its records the reasons for [such] the determination, and may include recommendations respecting the proposed erection, construction, restoration, alteration, moving or razing, and shall immediately notify the applicant of [such] the determination by transmitting to him an attested copy of the reasons and recommendations, if any, as set forth in the records of the commission.

      4.  The applicant may appeal a refusal of the commission to issue a certificate of appropriateness to the citizens’ board of appeals within 30 days after its determination and the board of appeals, after a hearing on the matter, may:

      (a) Approve the application with or without conditions by a unanimous vote; or

      (b) Deny the application.

If the board of appeals approves the application, the commission shall immediately issue a certificate of appropriateness to the applicant.

      Sec. 4.  NRS 384.210 is hereby amended to read as follows:

      384.210  1.  Any person aggrieved by a determination of the commission, or of the citizens’ board of appeals made pursuant to subsection 4 of NRS 384.150, may, within 30 days after the making of [such] the determination, appeal to the district court of the county where the property in question is located.

      2.  The court may reverse the determination of the commission if it finds that the reasons given for [such] the determination are unsupported by the evidence or contrary to law. The proceeding in the district court [shall be] is limited to the record made before the commission.

      Sec. 5.  1.  The board of county commissioners of Storey County shall appoint one member of the citizens’ board of appeals to a term ending June 30, 1982, and one member to a term ending June 30, 1984.

      2.  The board of county commissioners of Lyon County shall appoint one member of the citizens’ board of appeals to a term ending June 30, 1983.

 

__________


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

ê1981 Statutes of Nevada, Page 1951ê

 

CHAPTER 763, SB 596

Senate Bill No. 596–Committee on Taxation

CHAPTER 763

AN ACT relating to county boards of equalization; authorizing the board of county commissioners to provide for compensation to certain members of the board of equalization; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 361.340 is hereby amended to read as follows:

      361.340  1.  Except as provided in subsection 2, the board of equalization of each county [shall consist] consists of:

      (a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and

      (b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000.

      2.  A district attorney, county treasurer or county assessor or any of their deputies or employees [shall] may not be appointed to the county board of equalization.

      3.  The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees [shall] must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.

      4.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.

      5.  The county clerk [shall be] is the clerk of the county board of equalization.

      6.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.

      7.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided [by law.] for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.

      8.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

      9.  The county board of equalization of each county shall meet during January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section.


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

ê1981 Statutes of Nevada, Page 1952 (Chapter 763, SB 596)ê

 

that month as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section. The county board of equalization shall conclude the business of equalization on or before the 31st day of January of each year. The state board of equalization may establish procedures for the county boards, including setting the period of hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

      10.  The county assessor or his deputy shall attend all meetings of the county board of equalization.

      Sec. 2.  Section 14.5 of Senate Bill No. 69 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       361.340  1.  Except as provided in subsection 2, the board of equalization of each county consists of:

       (a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and

       (b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000.

       2.  A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.

       3.  The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.

       4.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.

       5.  The county clerk is the clerk of the county board of equalization.

       6.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.

       7.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by the board of county commissioners exceed $40 per day.


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

ê1981 Statutes of Nevada, Page 1953 (Chapter 763, SB 596)ê

 

       8.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

       9.  The county board of equalization of each county shall [meet during January of each year, and shall] hold such number of meetings [during that month] as may be necessary to care for the business of equalization presented to it. [, and in any event shall meet at least once each week during the time provided by this section.] Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before [the 31st day of January] February 15 of each year. The state board of equalization may establish procedures for the county boards, including setting the period of hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explan the law and the board’s authority.

       10.  The county assessor or his deputy shall attend all meetings of the county board of equalization.

 

      Sec. 3.  This act shall become effective upon passage and approval.

 

__________

 

 

CHAPTER 764, SB 609

Senate Bill No. 609–Senators Getto, Jacobsen, Blakemore and Glaser

CHAPTER 764

AN ACT relating to the district courts; providing for the realignment of certain judicial districts; providing additional judges for certain districts; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 3.010 is hereby amended to read as follows:

      3.010  [1.]  The state is hereby divided into nine judicial districts, as follows:

      First judicial district.  [The counties of Storey and] Carson City and the county of Storey constitute the first judicial district.

      Second judicial district.  The county of Washoe constitutes the second judicial district.

      Third judicial district.  The counties of Churchill [, Eureka and Lander] and Lyon constitute the third judicial district.

      Fourth judicial district.  The county of Elko constitutes the fourth judicial district.


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

ê1981 Statutes of Nevada, Page 1954 (Chapter 764, SB 609)ê

 

      Fifth judicial district.  The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.

      Sixth judicial district.  The counties of Lander, Pershing and Humboldt constitute the sixth judicial district.

      Seventh judicial district.  The counties of Eureka, White Pine and Lincoln constitute the seventh judicial district.

      Eighth judicial district.  The county of Clark constitutes the eighth judicial district.

      Ninth judicial district.  The [counties of Douglas and Lyon constitute] county of Douglas constitutes the ninth judicial district.

      [2.  For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one district judge. For the first judicial district there shall be two district judges. For the eighth judicial district there shall be 12 district judges.]

      Sec. 2.  Chapter 3 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 10, inclusive, of this act.

      Sec. 3.  For the first judicial district there must be two district judges.

      Sec. 4.  For the third judicial district there must be one district judge.

      Sec. 5.  For the fourth judicial district there must be one district judge.

      Sec. 6.  For the fifth judicial district there must be one district judge.

      Sec. 7.  For the sixth judicial district there must be two district judges.

      Sec. 8.  For the seventh judicial district there must be one district judge.

      Sec. 9.  For the eighth judicial district there must be 12 district judges.

      Sec. 10.  For the ninth judicial district there must be two district judges.

      Sec. 11.  The terms of the additional district judges elected at the general election in 1982 to the offices added to the previously existing number by sections 7 and 10 of this act expire on the 1st Monday of January in 1985.

      Sec. 12.  NRS 3.020 is hereby amended to read as follows:

      3.020  In judicial districts where more than one judge has been provided for [by NRS 3.010, such judges shall] , the judges have concurrent and coextensive jurisdiction within the district, under such rules [and regulations] as may be prescribed by law, and the district judges therein [shall have power to] may make additional rules [and regulations,] , not inconsistent with law, which will enable them to transact judicial business in a convenient and lawful manner.

      Sec. 13.  NRS 3.040 is hereby amended to read as follows:

      3.040  1.  The district judges [provided for in NRS 3.010] shall also serve as ex officio circuit judges, and in that capacity shall perform such judicial duties as may be designated by the chief justice of the supreme court as [hereinafter] provided [.] in subsection 2.

      2.  The chief justice [of the supreme court] shall seek to expedite judicial business and to equalize the work of the district judges, and shall provide for the assignment of any district judge to another district court to assist a court or judge whose calendar is congested, to act for a district judge who is disqualified or unable to act, or to sit and hold court where a vacancy in the office of district judge has occurred.


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

ê1981 Statutes of Nevada, Page 1955 (Chapter 764, SB 609)ê

 

to assist a court or judge whose calendar is congested, to act for a district judge who is disqualified or unable to act, or to sit and hold court where a vacancy in the office of district judge has occurred.

      Sec. 14.  NRS 174.125 is hereby amended to read as follows:

      174.125  1.  All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions which by their nature, if granted, delay or postpone the time of trial [, shall be made prior to] must be made before trial, unless an opportunity to make [any such motion prior to] such a motion before trial did not exist or the moving party was not aware of the grounds for the motion [prior to] before trial.

      2.  In any judicial district in which a single judge is provided: [by NRS 3.010:]

      (a) All motions subject to the provisions of subsection 1 [shall] must be made in writing not less than 15 days before the date set for trial, except that if less than 15 days intervene between entry of plea and the date set for trial, such a motion may be made within 5 days after entry of the plea.

      (b) The court may, if a defendant waives hearing on the motion or for other good cause shown, permit the motion to be made at a later date.

      4.  Grounds for making such a motion after the time provided or at the trial must be shown by affidavit.

      Sec. 15.  NRS 281.010 is hereby amended to read as follows:

      281.010  1.  The following officers shall be elected:

      (a) A governor.

      (b) A lieutenant governor.

      (c) Two United States Senators.

      (d) The number of members of the House of Representatives of the United States to which this state may be entitled.

      (e) The number of presidential electors to which this state may be entitled.

      (f) Five justices of the supreme court.

      (g) District judges. [, as provided in NRS 3.010.]

      (h) Senators and members of the assembly.

      (i) A secretary of state.

      (j) A state treasurer.

      (k) A state controller.

      (l) An attorney general.

      (m) Other officers whose elections are provided for by law.

      (n) For each county, and the equivalent officers for Carson City:

             (1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.

             (2) One sheriff.

             (3) One district attorney.

             (4) One public administrator, except where otherwise provided by law.

             (5) One county assessor, except where otherwise provided by law.

             (6) One county treasurer, except where otherwise provided by law.

             (7) The number of county commissioners as provided by law.


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

ê1981 Statutes of Nevada, Page 1956 (Chapter 764, SB 609)ê

 

             (8) One county recorder, who shall be ex officio county auditor in counties having a population of less than 100,000.

             (9) Justices of the peace.

             (10) Constables, except where otherwise provided by law.

      2.  The following officers shall be appointed:

      (a) Notaries public.

      (b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.

      (c) All officers who are not elected.

      Sec. 16.  Section 1 of Senate Bill No. 425 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Section 1.  The section added to chapter 3 of NRS by section 9 of Senate Bill No. 609 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

      For the eighth judicial district there must be [12] 16 district judges.

 

      Sec. 17.  Sections 2 to 7, inclusive, of Senate Bill No. 425 of the 61st session of the Nevada legislature are hereby repealed.

      Sec. 18.  If any provision of this act, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 19.  This act shall become effective upon passage and approval.

 

__________

 

 

CHAPTER 765, AB 51

Assembly Bill No. 51–Assemblymen Coulter and Chaney

CHAPTER 765

AN ACT relating to child abuse and neglect; providing for the establishment of a demonstration program for the treatment and rehabilitation of perpetrators and victims in severe cases; requiring evaluation of the effectiveness of the program; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  1.  The department of human resources shall establish a demonstration program for the treatment and rehabilitation of perpetrators and victims of child abuse and neglect in cases where the victims have suffered sexual abuse or severe physical abuse. The treatment and rehabilitation should be directed toward ensuring that repeated and progressively more serious abuse does not occur.

      2.  Treatment must be provided by persons who are specially trained to deal with cases of child abuse and neglect. The program must provide for intensive treatment of each perpetrator commencing as soon as possible after the abuse occurs, and must also provide that the initial period of intensive treatment will be followed by an extended period of observation, treatment and evaluation.


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

ê1981 Statutes of Nevada, Page 1957 (Chapter 765, AB 51)ê

 

for intensive treatment of each perpetrator commencing as soon as possible after the abuse occurs, and must also provide that the initial period of intensive treatment will be followed by an extended period of observation, treatment and evaluation.

      Sec. 2.  The department of human resources shall design a system for evaluating the effectiveness of the demonstration program as it compares with other programs in existence in this state for the treatment of perpetrators of child abuse and neglect. The department shall conduct an initial evaluation during the first 18 months of the program and shall report the results of the evaluation to the sixty-second session of the legislature. The department shall continue to evaluate the program throughout its existence.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the department of human resources for the support of the program established pursuant to section 1 of this act the sums of:

      $64,583 for the fiscal year beginning on July 1, 1981.

      $66,283 for the fiscal year beginning on July 1, 1982.

      2.  The director of the department of human resources shall not expend, or allocate to another agency for expenditure, money from this appropriation unless at least an equal amount is committed for expenditure from a source other than the State of Nevada to support the program.

      3.  Any remaining balance of the appropriation made by this section must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  Sections 1 and 2 of this act expire by limitation on June 30, 1983.

 

__________

 

 

CHAPTER 766, AB 53

Assembly Bill No. 53–Committee on Judiciary

CHAPTER 766

AN ACT relating to public health; changing certain provisions relating to controlled substances, dangerous drugs and hypodermic devices; expanding the exceptions to the doctor-patient privilege; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      All loss or theft of controlled substances must be reported on forms provided by the division to the board and division within 10 days after the date of discovery of the theft or loss.

      Sec. 2.  NRS 453.038 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 1958 (Chapter 766, AB 53)ê

 

      453.038  “Chart order” means an order entered on the chart of an inpatient in a hospital, convalescent center, skilled nursing facility, geriatric home or other extended care facility which is licensed as such by the health division of the department or on the chart of a patient under emergency treatment in a hospital by a [practitioner] physician, dentist or podiatrist, or on the written or oral order of a [practitioner] physician, dentist or podiatrist authorizing the administration of a drug to the inpatient.

      Sec. 3.  NRS 453.091 is hereby amended to read as follows:

      453.091  1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

      2.  “Manufacture” does not include the preparation or compounding of a controlled substance by [an individual] a person for his own use or the preparation, compounding, packaging or labeling of a controlled substance by a [practitioner:] physician, dentist, podiatrist or veterinarian:

      (a) As an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

      (b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

      Sec. 4.  NRS 453.128 is hereby amended to read as follows:

      453.128.  “Prescription” means:

      1.  An order given individually for the person for whom prescribed, directly from [the practitioner] a physician, dentist, podiatrist or veterinarian to a pharmacist or indirectly by means of an order signed by the practitioner.

      2.  A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.

      Sec. 5.  NRS 453.226 is hereby amended to read as follows:

      453.226.  1.  Every practitioner or other person who manufactures, distributes, possesses, administers, prescribes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, possession, administering, prescribing or dispensing of any controlled substance within this state must obtain biennially a registration issued by the board in accordance with its regulations.

      2.  Persons registered by the board under the provisions of NRS 453.011 to 453.551, inclusive, to manufacture, distribute, possess, administer, dispense, prescribe or conduct research with controlled substances may possess, manufacture, distribute, administer, dispense, prescribe or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of such sections.

      3.  The following persons need not register and may lawfully possess and distribute controlled substances under the provisions of NRS 453.011 to 453.551, inclusive:

      (a) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment; or

 


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

ê1981 Statutes of Nevada, Page 1959 (Chapter 766, AB 53)ê

 

or dispenser of any controlled substance if he is acting in the usual course of his business or employment; or

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.

      4.  A person in possession of any controlled substance pursuant to a lawful order of a [practitioner] physician, dentist, podiatrist or veterinarian or in lawful possession of a schedule V substance need not register under the provisions of NRS 453.011 to 453.551, inclusive.

      5.  The persons specified in subsection 2 of NRS 453.375 need not register and may lawfully possess and administer controlled substances under the provisions of NRS 453.011 to 453.551, inclusive.

      6.  The board may waive the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.

      7.  A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, possesses, administers, prescribes or dispenses controlled substances.

      8.  The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s regulation.

      Sec. 6.  NRS 453.231 is hereby amended to read as follows:

      453.231  1.  The board shall register an applicant to manufacture, distribute, possess, administer, dispense or prescribe controlled substances included in schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsistent with the public interest.

      2.  In determining the public interest, the board shall consider the following factors:

      (a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;

      (b) Compliance with applicable federal, state and local law;

      (c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

      (d) Past experience in the manufacture, distribution, possession, administering, dispensing and prescribing of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion;

      (e) Furnishing by the applicant of false or fraudulent material in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;

      (f) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, possess, administer or dispense controlled substances as authorized by federal law; and

      (g) Any other factors relevant to and consistent with the public health and safety.

      3.  Registration under subsections 1 and 2 does not entitle a registrant to manufacture, distribute, possess, administer, dispense or prescribe controlled substances in schedules I or II other than those specified in the registration.


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

ê1981 Statutes of Nevada, Page 1960 (Chapter 766, AB 53)ê

 

      4.  [Practitioners] Prescribing practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II to V, inclusive, if they are authorized to dispense or conduct research under the laws of this state.

      5.  The board need not require separate registration under the provisions of NRS 453.011 to 453.551, inclusive, for practitioners engaging in research with nonnarcotic controlled substances in schedules II to V, inclusive, where the registrant is already registered under the provisions of NRS 453.011 to 453.551, inclusive, in another capacity.

      6.  [Practitioners] Prescribing practitioners registered under federal law to conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.

      7.  Compliance by manufacturers, distributors, dispensers and prescribing practitioners with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under the provisions of NRS 453.011 to 453.551, inclusive.

      Sec. 7.  NRS 453.256 is hereby amended to read as follows:

      453.256  1.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written prescription of a practitioner.

      2.  In emergency situations, as defined by regulation of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner. Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacy. Prescriptions [shall] must be retained in conformity with the requirements of NRS 453.246. No prescription for a schedule II substance may be refilled.

      3.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedules III or IV [shall] must not be dispensed without a written or oral prescription of a practitioner. The prescription [shall] must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

      4.  A controlled substance [included in schedule V shall] must not be distributed or dispensed other than for a medical purpose.

      5.  A practitioner shall not knowingly issue a false or misleading prescription.

      6.  Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 8.  NRS 453.261 is hereby amended to read as follows:

      453.261  1.  The division or the board may make administrative inspections of controlled premises in accordance with the following provisions:

      (a) When authorized by an administrative inspection warrant issued pursuant to NRS 453.266 to an officer, employee or peace officer as defined in NRS 169.125, designated by the division or the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.


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ê1981 Statutes of Nevada, Page 1961 (Chapter 766, AB 53)ê

 

presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.

      (b) When authorized by an administrative inspection warrant, an officer, employee or peace officer as defined in NRS 169.125, designated by the division or the board may:

             (1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.551, inclusive;

             (2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers. processes, controls and facilities bearing on violation of the provisions of NRS 453.011 to 453.551, inclusive; and

             (3) Inventory any stock of any controlled substance therein and obtain samples thereof.

      2.  Members and investigators of the board, inspectors of the Food and Drug Administration, agents of the Bureau, and agents of the department of law enforcement assistance are authorized to remove the original prescription for a controlled substance from the files of a pharmacy if the prescription is to be used as evidence in a contemplated criminal or civil action or administrative proceeding. The person removing the prescription shall:

      (a) Affix the name and address of the pharmacy to the back side of the prescription;

      (b) Affix his initials, and cause the pharmacist on duty to affix his initials, and note the date of the removal on the back of the prescription;

      (c) Affix the name of the agency for which he is removing the prescription;

      (d) Provide a receipt for the prescription to the pharmacy; and

      (e) Return a photostatic copy of both sides of the prescription to the pharmacy within 5 working days after removal.

      3.  This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

      (a) If the owner, operator or agent in charge of the controlled premises consents;

      (b) In situations presenting imminent danger to health or safety;

      (c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

      (d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

      (e) In all other situations in which a warrant is not constitutionally required.

      [3.]  4.  An inspection authorized by this section [shall] must not extend to financial data, sales data, other than shipment data or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.

      [4.]  5.  For purposes of this section, “controlled premises” means:


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ê1981 Statutes of Nevada, Page 1962 (Chapter 766, AB 53)ê

 

      (a) Places where persons registered or exempted from registration requirements under the provisions of NRS 453.011 to 453.551, inclusive, are required to keep records; [and]

      (b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under the provisions of NRS 453.011 to 453.551, inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance [.] ; and

      (c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.

      Sec. 9.  NRS 453.331 is hereby amended to read as follows:

      453.331  1.  It is unlawful for any person knowingly or intentionally to:

      (a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251 or pursuant to the provisions of NRS 453.740 to 453.810, inclusive;

      (b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;

      (c) [Falsely assume] Assume falsely the title of or represent himself as a registrant or other person authorized to possess controlled substances;

      (d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or alteration;

      (e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.551, inclusive, or any record required to be kept by those sections;

      (f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance; [or]

      (g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trade-mark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit [substance.] substance;

      (h) Possess prescription blanks which have been signed before being filled out; or

      (i) Make a false representation to a pharmacist for the purpose of obtaining a controlled substance.

      2.  Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than [$2,000.] $5,000.

      Sec. 10.  NRS 453.336 is hereby amended to read as follows:

      453.336  1.  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a [practitioner] physician, dentist, podiatrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.551, inclusive.


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ê1981 Statutes of Nevada, Page 1963 (Chapter 766, AB 53)ê

 

course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.551, inclusive.

      2.  Except as provided in subsections 3 and 4, any person who violates this section shall be punished:

      (a) For the first offense, if the controlled substance is listed in schedule I, II, III, or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) For a second offense, if the controlled substance is listed in schedule I, II, III, or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

      (c) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III, or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.

      (d) For the first offense, if the controlled substance is listed in schedule V by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

      (e) For a second or subsequent offense, if the controlled substance is listed in schedule V, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

      (a) For the first offense:

             (1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or

             (2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his driver’s license suspended for not more than 6 months.

      (b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.

      (c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.

      4.  Before sentencing under the provisions of subsection 3, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall do the following:

      (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and


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ê1981 Statutes of Nevada, Page 1964 (Chapter 766, AB 53)ê

 

      (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.

      5.  Three years after the person has been convicted and sentenced under the provisions of subsection 3, the court may order sealed all records, papers and exhibits in such person’s record, minute book entries and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the court’s order, if:

      (a) The person fulfilled all the terms and conditions imposed by the court and by the parole and probation officer; and

      (b) The court, after hearing, is satisfied that the rehabilitation has been attained.

      6.  Whenever any person who has not previously been convicted of any offense under the provisions of NRS 453.011 to 453.551, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs pleads guilty to or is found guilty under this section of possession of a controlled substance not for the purpose of sale, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.

      7.  Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him.

      8.  Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for a second or subsequent convictions under the provisions of NRS 453.011 to 453.551, inclusive.

      9.  There may be only one discharge and dismissal under this section with respect to any person.

      Sec. 11.  NRS 453.381 is hereby amended to read as follows:

      453.381  1.  A physician, dentist or podiatrist may prescribe, administer or dispense controlled substances only for a legitimate medical purpose and in the usual course of his professional practice, and he is prohibited from prescribing, administering or dispensing controlled substances listed in schedule II for himself, his spouse or children except in cases of emergency.

      2.  A veterinarian, in the course of his professional practice only, and not for use by a human being, may prescribe, possess, administer and dispense controlled substances, and he may cause them to be administered by an assistant or orderly under his direction and supervision.

      3.  A pharmacist shall not fill an order which purports to be a prescription if he has reason to believe that it was not issued in the course of the professional practice of a physician, dentist, podiatrist or veterinarian.


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ê1981 Statutes of Nevada, Page 1965 (Chapter 766, AB 53)ê

 

      4.  Any person who has obtained from a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of the physician, dentist, podiatrist or veterinarian shall return to [the physician, dentist, podiatrist or veterinarian] him any unused portion of the substance when it is no longer required by the patient.

      5.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of any such controlled substance to registrants.

      6.  A salesman of any manufacturer or wholesaler or pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

      Sec. 12.  NRS 453.385 is hereby amended to read as follows:

      453.385  1.  Each prescription for a controlled substance must be written on a separate prescription blank or as an order on the chart of a patient [.] Each prescription for a controlled substance listed in schedule II must be written entirely by the practitioner who issues it.

      2.  A prescription must contain:

      (a) The name of the practitioner, and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) His registration number from the Drug Enforcement Administration;

      (d) The name of the patient, and his address if not immediately available to the pharmacist;

      (e) The name, strength and quantity of the drug or drugs prescribed;

      (f) Directions for use; and

      (g) The date of issue.

      3.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      Sec. 13.  NRS 453.391 is hereby amended to read as follows:

      453.391  No person may:

      1.  Unlawfully take a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian or any other person authorized to administer, dispense or possess controlled substances.

      2.  While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one [physician,] practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another [physician] practitioner without disclosing this fact to the second [physician.] practitioner.

      Sec. 14.  NRS 453.431 is hereby amended to read as follows:

      453.431  [No pharmacist shall] 1.  A pharmacist shall not knowingly fill or refill any prescription for a controlled substance for use by any person other than [the one] the person for whom the prescription was originally issued.

      2.  A person shall not furnish a false name or address while attempting to obtain a controlled substance or a prescription for a controlled substance.


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ê1981 Statutes of Nevada, Page 1966 (Chapter 766, AB 53)ê

 

substance. Any person prescribing, administering or dispensing a controlled substance may request proper identification from a person requesting controlled substances.

      3.  A pharmacist shall not fill a prescription for a controlled substance if the prescription shows evidence of alteration, erasure or addition, unless he obtains approval of the practitioner who issued the prescription.

      4.  A pharmacist shall not fill a prescription for a controlled substance classified in schedule II unless it is tendered on or before the 14th day after the date of issue.

      5.  Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 15.  NRS 453.451 is hereby amended to read as follows:

      453.451  1.  Any prescription for a controlled substance, regardless of the authorization to refill given by the prescribing practitioner, must not be refilled more than five times or for a period of more than 6 months, whichever occurs first.

      2.  If no authorization to refill is given by the prescribing practitioner, or if the prescription is refillable and has been refilled for the number of times or for the period of time set forth in subsection 1, the original prescription must be voided and a new prescription obtained and placed on the prescription file.

      3.  This section does not apply to any person determined to be a narcotic addict who is receiving treatment at a rehabilitation clinic by the health division of the department or a hospital certified by the department.

      Sec. 16.  NRS 453.461 is hereby amended to read as follows:

      453.461  Except as provided in NRS 453.451, a prescription which bears specific authorization to refill, given by the prescribing practitioner at the time he issued the original prescription, may be refilled in the pharmacy in which it was originally filled, for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use; but in no case may the prescription be refilled after 6 months have elapsed from the date it was originally issued.

      Sec. 17.  NRS 453.515 is hereby amended to read as follows:

      453.515  1.  No pharmacy may deliver a controlled substance requiring a prescription for a specific patient to a hospital, convalescent center, skilled nursing facility, geriatric home or other extended care facility which is licensed as such by the health division of the department which does not have a pharmacy on the premises except pursuant to a prescription given:

      (a) Directly from the prescribing practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the prescribing practitioner; or

      (c) By an oral order transmitted by an agent of the prescribing practitioner.

      2.  If an oral order for entry on a chart is given by a prescribing practitioner the chart order must be signed by the practitioner who authorized the administration of the drug within 48 hours after receipt of the instructions by a licensed nurse.


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ê1981 Statutes of Nevada, Page 1967 (Chapter 766, AB 53)ê

 

      Sec. 18.  NRS 454.311 is hereby amended to read as follows:

      454.311  1.  Every person, [who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes or passes, as genuine, any prescription for a dangerous drug is guilty of a felony.] other than a peace officer or inspector of the board in the performance of official duty, who knowingly or intentionally acquires or attempts to acquire or obtains possession of a dangersous drug or a prescription for a dangerous drug by misrepresentation, fraud, forgery, deception, subterfuge or alteration shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  Any person who knowingly has in his possession any false, fictitious, forged or altered prescription for a dangerous drug is guilty of a gross misdemeanor.

      3.  Every person who knowingly obtains or has in his possession or under his control any dangerous drug secured as a result of any forged, false, fictitious or altered prescription is guilty of a gross misdemeanor.

      4.  Any person who knowingly fills a prescription which is not genuine shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 19.  NRS 454.530 is hereby amended to read as follows:

      454.530  Any person who obtains possession of any hypodermic device by a [false or] fraudulent representation, a forged or fictitious name, or in violation of the provisions of NRS 454.470 to 454.530, inclusive, is guilty of a gross misdemeanor.

      Sec. 20.  NRS 49.245 is hereby amended to read as follows:

      49.245  There is no privilege under NRS 49.225 or 49.235:

      1.  For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

      2.  As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.

      3.  As to communications relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.

      4.  In a prosecution or mandamus proceeding under chapter 441 of NRS.

      5.  As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.

      6.  In a hearing before a screening panel under chapter 41A of NRS.

      7.  As to any communication placed in health care records which are furnished in accordance with the provisions of NRS 629.061.

      8.  As to records that are required by chapter 453 of NRS to be maintained.

      Sec. 21.  NRS 49.265 is hereby amended to read as follows:

      49.265  1.  Except as provided in subsection 2:


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ê1981 Statutes of Nevada, Page 1968 (Chapter 766, AB 53)ê

 

      (a) The proceedings and records of organized committees of [hospital medical staffs] hospitals having the responsibility of evaluation and improvement of the quality of care rendered in [such] the hospital and medical review committees of medical societies are not subject to discovery proceedings.

      (b) No person attends a meeting of any such committee may be required to testify concerning the proceedings at [such meetings.] the meeting.

      2.  The provisions of subsection 1 do not apply to:

      (a) Any statement made by a person in attendance at such a meeting who is a party to an action or proceeding the subject of which is reviewed at [such] the meeting.

      (b) Any statement made by a person who is requesting hospital staff privileges.

      (c) The proceedings of any meeting considering an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.

      (d) Any matter relating to the proceedings or records of such committees which is contained in health care records furnished in accordance with NRS 629.061.

      Sec. 22.  NRS 639.2813 is hereby amended to read as follows:

      639.2813  1.  [It] Except as provided in NRS 453.331 and 454.311, it is unlawful for any person falsely to represent himself as a practitioner entitled to write prescriptions in this state, or the agent of such a person, for the purpose of transmitting to a pharmacist an order for a prescription.

      2.  It is unlawful for the agent of a practitioner entitled to write prescriptions in this state willfully to transmit to a pharmacist an order for a prescription if the agent is not authorized by the practitioner to transmit such order.

      Sec. 23.  NRS 453.531 is hereby repealed.

      Sec. 24.  1.  Sections 5, 6, 10, 12 and 16 of this act shall become effective at 12:01 a.m. on July 1, 1981.

      2.  Section 11 of this act shall become effective at 12:02 a.m. on July 1, 1981.

 

__________


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ê1981 Statutes of Nevada, Page 1969ê

 

CHAPTER 767, AB 344

Assembly Bill No. 344–Committee on Commerce

CHAPTER 767

AN ACT relating to dentistry; adding dental hygienists to the board of dental examiners of Nevada; authorizing the board to adopt regulations specifying places in which a hygienist may practice; increasing the penalty for the illegal practice of dentistry; increasing certain fees; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 631.030 is hereby amended to read as follows:

      631.030  As used in this chapter, “dental hygiene” means the performance of [prophylactic, preventive and other intraoral procedures] educational, preventive and therapeutic services as well as any related and required extraoral procedures that a dentist is authorized to assign to a dental hygienist in his employ.

      Sec. 2.  NRS 631.050 is hereby amended to read as follows:

      631.050  1.  As used in this chapter, “dishonorable or unprofessional conduct” includes:

      (a) Conviction of a felony or misdemeanor involving moral turpitude, or conviction of any criminal violation of this chapter;

      (b) Employing, directly or indirectly, any student or any suspended or unlicensed dentist or dental hygienist to perform operations of any kind in treating or correction of the teeth or jaws, except as provided in this chapter;

      (c) The publication or circulation, directly or indirectly, of any fraudulent, false or misleading statement as to the skill or method of practice of any dentists;

      (d) [The use of advertising in which reference is made to any anesthetic, drug, formula, material, medicine, method or system used or to be used; the advertising of the performance of any dental operation without causing pain; the advertising of any free dental service or examination as an inducement to secure dental patronage; the advertising of price, cost, charge, fee or terms of credit for the services performed or to be performed, or for material used or to be used, by any person engaged as principal or agent in the practice of dentistry; the advertising of a guarantee for any dental services; or the advertising of artificial teeth or dentures with or without the use of any representation of a tooth, teeth, bridgework or denture, or of any portion of the human head, or the exhibition or use of specimens of dental work, large display signs, glaring light signs, electric or neon, or any signs, posters or other media calling attention of the public to any person engaged in the practice of dentistry. Any person taking up or retiring from the practice of dentistry, changing his place of business or business telephone, or who intends to absent himself from, or return to, his place of business may advertise that fact in a newspaper for not more than 3 successive publications, which advertisement may not exceed 2 column inches;] The use of advertising which is false or misleading;


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ê1981 Statutes of Nevada, Page 1970 (Chapter 767, AB 344)ê

 

      (e) The claiming or inferring of professional superiority over neighboring practitioners;

      (f) The giving of a public demonstration of methods of practice any place other than the office where the licensee is known to be regularly engaged in his practice;

      (g) Fraud or misrepresentation in connection with the securing of a license;

      (h) Willful or repeated violations of the rules of the board of health;

      (i) Division of fees or agreeing to split or divide the fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative, but this [may] must not be construed to forbid licensed dentists from practicing in a partnership and sharing professional fees, to forbid a licensed dentist from employing another licensed dentist or dental hygienist, or to forbid a licensed dentist from rendering services as a member of a nonprofit professional service corporation;

      (j) Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry; but the patient practiced upon may not be deemed an accomplice, employer, procurer, inducer, aider, or abettor within the meaning of this chapter;

      (k) Professional connection or association with, or lending his name to, anyone who is engaged in the illegal practice of dentistry; professional connection or association with any person, firm, or corporation holding himself, themselves, or itself out in any manner contrary to this chapter;

      (l) Use of the name “clinic,” “institute,” or other title or designation that may suggest a public or semipublic activity;

      (m) Failure to pay license fees;

      (n) Chronic or persistent inebriety, or addiction to a controlled substance as defined in chapter 453 of NRS, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

      (o) [Willful negligence] More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

      (p) Practice by a dental hygienist in any place not authorized by this chapter;

      (q) Practicing while his license is suspended or without a renewal certificate;

      (r) Practicing under a [false or assumed name; or] name, other than a lawful assumed or fictitious name, that is false or misleading;

      (s) Repeated malpractice, which may be evidenced by claims of malpractice settled against the practitioner [.] ; or

      (t) Practicing under the name of a dentist who has not been in active practice for more than 1 year.

      2.  The enumeration of the acts in subsection 1 must not be construed as a complete definition of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.

      Sec. 3.  NRS 631.060 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 1971 (Chapter 767, AB 344)ê

 

      631.060  [Any person shall be] A person is guilty of the illegal practice of dentistry or dental hygiene who:

      1.  [Shall sell or barter, or offer] Sells or barters or offers to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of [dentists; or] dentists or dental hygienists;

      2.  [Shall purchase or procure] Purchases or procures by barter any such diploma, certificate or transcript, with intent that [the same shall] it be used as evidence of the holder’s qualifications to practice dentistry, or in fraud of the laws regulating [such] that practice; [or]

      3.  [Shall, with] With fraudulent intent, [alter] alters in a material regard any such diploma, certificate or transcript; [or]

      4.  [Shall use or attempt] Uses or attempts to use any [such] diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a [dentist; or] dentist or a dental hygienist;

      5.  [Shall practice] Practices dentistry under a false or assumed name; [or]

      6.  [Shall assume] Assumes the degree of “Doctor of Dental Surgery” or “Doctor of Dental Medicine” or [shall append] appends the letters “D.D.S.” or [D.M.D.”] “D.M.D.” or “R.D.H.” to his name, not having [duly] conferred upon him, by diploma from an accredited dental or dental hygiene college or school legally empowered to confer the [same,] title, the right to assume [such title; or shall assume] the title; or assumes any title or [append] appends any letters to his name with the intent to represent falsely that he has received a dental degree or license; [or]

      7.  [Shall,] Willfully makes, as an applicant for examination, license or registration under this chapter, [willfully make] a false statement in a material regard in an affidavit required by this chapter; [or]

      8.  [Shall, within] Within 10 days after demand made by the secretary of the board, [fail] fails to furnish to the board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person at any time within 60 days [prior to] before the notice, together with a sworn statement showing under and by what license or authority the person and his employee are and have been practicing dentistry, but the affidavit [shall] must not be used as evidence against [such] the person in any proceeding under this chapter; [or]

      9.  [Shall practice] Practices dentistry or dental hygiene in this state without a license; or

      10.  [Shall aid or abet] Aids or abets another in violating any of the provisions of this chapter.

      Sec. 4.  NRS 631.090 is hereby amended to read as follows:

      631.090  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof; [or]


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ê1981 Statutes of Nevada, Page 1972 (Chapter 767, AB 344)ê

 

      (b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind; [or]

      (c) [Shall diagnose, profess] Diagnoses, professes to diagnose or [treat or profess] treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, gums or the maxillary bones; [or]

      (d) [Shall extract] Extracts teeth; [or]

      (e) [Shall correct] Corrects malpositions of the teeth or jaws; [or]

      (f) [Shall take] Takes impressions; [or]

      (g) [Shall supply] Supplies artificial teeth as substitutes for natural teeth; [or]

      (h) [Shall place] Places in the mouth and [adjust such substitutes; or] adjusts artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges; [or]

      (j) Administers or prescribes such remedies, medicinal or otherwise, as [shall be] are needed in the treatment of dental or oral diseases; or

      (k) [Shall use] Uses X-ray radiation for dental treatment or dental diagnostic purposes.

      2.  Nothing in this section [shall:] :

      (a) [Prevent] Prevents a dental assistant, dental hygienist or X-ray technician from making radiograms or X-ray exposures for diagnostic purposes [only] upon the direction of a licensed dentist.

      (b) [Prohibit] Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) [Prevent] Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) [Prevent] Prevents a licensed dentist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      [(e) Prevent a dental hygienist or dental assistant from performing such intraoral tasks as may be assigned by a licensed dentist employing him.]

      Sec. 5.  NRS 631.100 is hereby amended to read as follows:

      631.100  As used in this chapter, “renewal certificate” means the [biennial] certificate of renewal of a license issued by the board.

      Sec. 6.  NRS 631.120 is hereby amended to read as follows:

      631.120  The board of dental examiners of Nevada, consisting of [eight] 10 members appointed by the governor, is hereby created.

      Sec. 7.  NRS 631.130 is hereby amended to read as follows:

      631.130  1.  The governor shall appoint:

      (a) Seven members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of 5 years.

      (b) Two members who:


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ê1981 Statutes of Nevada, Page 1973 (Chapter 767, AB 344)ê

 

             (1) Are graduates of accredited schools or colleges of dental hygiene;

             (2) Are residents of Nevada; and

             (3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the board.

      (c) One member who is a representative of the general public.

      2.  The members who are dental hygienists may participate only in examinations for the licensing of dental hygienists and vote only on matters relating to the practice of dental hygiene.

      3.  The member who is a representative of the general public [shall] must not participate in preparing, conducting or grading any examination required by the board.

      Sec. 8.  NRS 631.140 is hereby amended to read as follows:

      631.140  1.  The seven members of the board who are dentists and the member who is a representative of the general public must be appointed from areas of the state as follows:

      (a) Three of [the members of the board shall be from Washoe County.] those members must be from Carson City, Douglas County or Washoe County.

      [Three of the members of the board shall] (b) Four of those members must be from Clark County.

      [Two of the members of the board shall be from the state at large, including Washoe County and Clark County.] (c) One of those members may be from any county of the state.

      2.  One of the two members of the board who are dental hygienists must be appointed from Clark County; the other must be appointed from some other county of the state.

      Sec. 9.  NRS 631.170 is hereby amended to read as follows:

      631.170  1.  [Examination meetings.] The board shall meet at least twice a year for the purpose of examining applicants. The dates of the examinations [shall] must be fixed by the board. The board may conduct examinations outside of [the State of Nevada,] this state, and for this purpose may use the facilities of dental colleges, but all examinations [shall] must be conducted by board members.

      2.  [Other meetings.] The board [shall] may also meet at such other times and places and for such other purposes as it may deem proper.

      3.  [Quorum. Three members of the board shall constitute a quorum.] A quorum consists of:

      (a) For matters relating to dental hygiene, five members who are dentists and one member who is a dental hygienist.

      (b) For all other matters, five members who are dentists.

      Sec. 10.  NRS 631.180 is hereby amended to read as follows:

      631.180  1.  Each member of the board [shall receive:] is entitled to receive [(a) A salary of] not more than [$40] $80 per day as fixed by the board, while engaged in the business of the board [.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation while traveling on business of the board.] , and the per diem allowance and travel expenses provided by law for state officers and employees.


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ê1981 Statutes of Nevada, Page 1974 (Chapter 767, AB 344)ê

 

      2.  The board shall deposit in banks or savings and loan associations in [the State of Nevada] this state all fees which it receives.

      3.  All expenses of the board [shall] must be paid from the fees received by the board, and no part thereof [shall] may be paid from the state general fund. [of the state treasury.]

      Sec. 11.  NRS 631.210 is hereby amended to read as follows:

      631.210  1.  The fees which [shall] must be charged by the board for the performance of the duties imposed upon it by this chapter [shall be] are as follows:

 

Examination fee for license to practice dentistry........................ [$100]       $150

Examination fee for license to practice dental hygiene.........................            75

[Biennial license renewal fee for dentists under age 65..........................            50

Biennial license renewal fee for dentists aged 65 or older......................            10

Biennial license renewal fee for dental hygienists...................................            30

Dental specialist license................................................................................          100

Reinstatement fee for forfeited dental hygiene or dental license.........          100

Reinstatement fee for suspended dental license......................................          100

Such other fees as may be authorized by law.]

Application fee for a specialist license.....................................................          125

Annual license renewal fee for a general dentist or specialist, not to exceed         200

Annual license renewal fee for a dental hygienist, not more than......            75

Annual license renewal fee for an inactive dentist................................          100

Annual license renewal fee for a retired or disabled dentist...............            25

Annual license renewal fee for an inactive dental hygienist...............            25

Annual license renewal fee for a retired or disabled dental hygienist                     25

Reinstatement fee for a suspended or revoked license to practice dentistry or dental hygiene.....................................................................................................          200

 

      2.  All fees [shall be] are payable in advance and [shall] must not be refunded.

      3.  The license of a person who does not actively practice in this state for 1 year automatically reverts to inactive status at the time the license renewal fee is next payable following the 1-year period. If a person whose license has reverted to inactive status continues to actively practice outside this state, his license must be reinstated to active status if he pays the license fee for active licensees. If a person whose license has reverted to inactive status does not continue to practice, his license may be reinstated to active status only upon the motion of the board.

      Sec. 12.  NRS 631.250 is hereby amended to read as follows:

      631.250  1.  The board [is empowered to] may issue a specialty license authorizing a licensed dentist to announce, hold himself out and practice as a specialist in a special area of dentistry for which there is a certifying specialty board approved by the Council on Dental Education of the American Dental Association.


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ê1981 Statutes of Nevada, Page 1975 (Chapter 767, AB 344)ê

 

      2.  No licensee [shall] may announce or hold himself out to the public as a specialist or practice as a specialist unless he has successfully completed the educational requirements currently specified for qualification in [such] the special area by the certifying specialty board.

      3.  A licensed dentist who has successfully completed [such] those educational requirements, has passed the general dentistry examination and has been issued a specialty license under this section may commence specialty practice immediately in [such] the special area without:

      (a) Examination by the certifying specialty board.

      (b) Certification as a diplomate of the certifying specialty board.

      4.  A dentist to whom a specialty license has been issued [shall] must limit his practice to the specialty.

      Sec. 13.  NRS 631.290 is hereby amended to read as follows:

      631.290  Any person is eligible to take an examination for a license to practice dental hygiene in [the State of Nevada] this state who:

      1.  Is of good moral character;

      2.  Is over 18 years of age;

      3.  Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      4.  Is a [high school graduate; and

      5.  Has successfully completed:

      (a) Training in an accredited school of dental hygiene; or

      (b) A training program conducted by a branch of the Armed Forces of the United States approved by the Council on Dental Education of the American Dental Association.] graduate of an accredited school of dental hygiene.

      Sec. 14.  NRS 631.310 is hereby amended to read as follows:

      631.310  1.  The holder of a license or current renewal certificate to practice dental hygiene [shall have the right to] may be employed to practice dental hygiene in this state in the following places: [only:]

      (a) In the office of any licensed dentist.

      (b) In a clinic or in clinics in the public schools of this state as an employee of the health division of the department of human resources.

      (c) In a clinic or in clinics in a state institution as an employee of the institution.

      (d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of [such] the hospital, and under the direct supervision of a member of the dental staff.

      (e) In an accredited school of dental hygiene.

      (f) In other places if specified in a regulation adopted by the board.

      2.  A dental hygienist in private practice [shall] may practice only under the supervision of a dentist licensed in the State of Nevada [.] , unless otherwise provided in a regulation adopted by the board.

      Sec. 15.  NRS 631.313 is hereby amended to read as follows:

      631.313  1.  A licensed dentist may assign to a person in his employ who is a dental hygienist or dental assistant such intraoral tasks as may be permitted by [a rule or regulation adopted by] regulation of the board.


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ê1981 Statutes of Nevada, Page 1976 (Chapter 767, AB 344)ê

 

      2.  The performance of [any such task shall] these tasks must be under the supervision of the licensed dentist who made the assignment.

      3.  No such assignment [shall be] is permitted that requires:

      (a) Diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.

      (b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.

      (c) Administration of general anesthetics other than by [a registered nurse licensed to practice professional nursing pursuant to the provisions of chapter 632 of NRS and employed by the licensed dentist.] an anesthetist or anesthesiologist licensed in this state.

      Sec. 16.  NRS 631.330 is hereby amended to read as follows:

      631.330  1.  [License renewal shall be biennial.] Licenses must be renewed annually. Each holder of a license to practice dentistry or dental hygiene [shall,] must, upon payment of the fee provided [,] in NRS 631.210, be granted a renewal certificate which will authorize continuation of [such] the practice for [the biennial] a 1-year period.

      2.  The [biennial renewal license fee shall] annual renewal fee must be paid on or before June 30. Failure to pay [such] the fee to the board by June 30 of each year [shall automatically suspend] automatically suspends the license and [the same shall] it may be reinstated only upon payment of the reinstatement fee [as provided] specified in NRS 631.210 in addition to the [biennial license] annual fee due thereon.

      Sec. 17.  NRS 631.340 is hereby amended to read as follows:

      631.340  1.  Any person who has obtained from the board a license certificate to practice dental hygiene or dentistry or any special branch of dentistry in [the State of Nevada, and who shall fail] this state, and who fails to obtain a renewal certificate, [shall,] must, before resuming the practice in which he was licensed, make application to the secretary of the board, under such rules as the board may prescribe, for the restoration of [such] the license to practice.

      2.  Upon [such] application being made, the secretary shall determine whether [such] the applicant possesses the qualifications prescribed for the granting of a license to practice in his particular profession, and whether the applicant continues to possess a good moral character and is not otherwise disqualified to practice in [the State of Nevada.] this state. If the secretary so determines, he shall thereupon issue [such] the license, and thereafter [such person shall have the right to make application biennially] the person may make application annually for a renewal certificate, as provided in this chapter.

      Sec. 18.  NRS 631.350 is hereby amended to read as follows:

      631.350  The board may refuse to issue a license to any person, or may revoke or suspend the license or renewal certificate issued by it, of any person, or may fine a person it has licensed, upon proof satisfactory to the board that [such] the person has:

      1.  Engaged in the illegal practice of dentistry or dental hygiene; or

      2.  [Been guilty of] Engaged in unprofessional conduct. [, as defined in this chapter.]


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ê1981 Statutes of Nevada, Page 1977 (Chapter 767, AB 344)ê

 

      Sec. 19.  NRS 631.400 is hereby amended to read as follows:

      631.400  1.  Any person who [shall engage] engages in the illegal practice of dentistry in this state, [as defined in this chapter,] or who practices or offers to practice dental hygiene in this state without a certificate, or who, having [such] a certificate, practices dental hygiene in a manner or place not permitted by the provisions of this chapter [, shall be] :

      (a) Is guilty of a gross misdemeanor.

      (b) Is liable for any costs incurred in the investigation and during the hearing, if ordered by the board. The board may assign that person specific duties as a condition of renewing his license.

      2.  Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining [such] the conduct. Proceedings under this subsection [shall be] are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking [shall be] is required in any action commenced by the board.

      Sec. 20.  NRS 631.010 is hereby repealed.

      Sec. 21.  The governor shall appoint two persons qualified under paragraph (b) of subsection 1 of NRS 631.130 to the board of dental examiners of Nevada as follows:

      1.  One member to a term ending October 30, 1983.

      2.  One member to a term ending October 30, 1984.

 

__________

 

 

CHAPTER 768, AB 688

Assembly Bill No. 688–Committee on Ways and Means

CHAPTER 768

AN ACT relating to boards and commissions; increasing or allowing an increase in the compensation for members of certain boards and commissions; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

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

 

      Section 1.  NRS 218.223 is hereby amended to read as follows:

      218.223  1.  Except as provided in subsection 2, each senator and assemblyman is entitled to receive [a salary of $40] the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session, and the per diem allowance and travel expenses provided by law for each day of attendance at a presession orientation conference or at a conference, meeting, seminar or other gathering at which he officially represents the State of Nevada or its legislature.

      2.  This section does not apply:

      (a) During a regular or special session of the legislature; or


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ê1981 Statutes of Nevada, Page 1978 (Chapter 768, AB 688)ê

 

      (b) To any senator or assemblyman who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.

      Sec. 1.2.  NRS 231.070 is hereby amended to read as follows:

      231.070  Each member of the council is entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.

      Sec. 1.4.  NRS 232.153 is hereby amended to read as follows:

      232.153  1.  Members of the committee shall serve at the governor’s pleasure and are entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the committee and the per diem allowances and travel expenses provided by law.

      2.  A member of the committee may appoint an alternate, subject to the approval of the governor and [such] the alternate is entitled to the salary and the per diem allowances and travel expenses provided in subsection 1 when actually performing duties as alternate in the place of a regular member.

      Sec. 1.6.  NRS 232.490 is hereby amended to read as follows:

      232.490  1.  The members of the board shall meet at such times and places as they deem necessary, but a meeting of the board must be held at quarterly intervals.

      2.  The board shall adopt regulations for its own management and government, and it has only such powers and duties as [may be] are authorized by law.

      3.  A majority of the members of the board constitutes a quorum, and such a quorum may exercise all the authority conferred on the board.

      4.  While engaged in the official business of the division, the members of the board are entitled to receive a salary of [$40] $60 and the per diem expense allowance and travel expenses provided by law.

      Sec. 1.8.  NRS 233.030 is hereby amended to read as follows:

      233.030  1.  The Nevada equal rights commission consisting of five members appointed by the governor, is hereby created.

      2.  Each member of the commission is entitled to receive as compensation [$40] $60 for each day actually employed on the work of the commission, in addition to the per diem allowance and travel expenses provided by law.

      Sec. 1.9.  NRS 233A.080 is hereby amended to read as follows:

      233A.080  Commissioners who are not in the regular employ of the State of Nevada [shall] are entitled to receive a salary of [$40] $60 for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law. Commissioners who are in the regular employ of the state shall receive no salary, but [shall] are entitled to receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law in lieu of other provisions made by law for reimbursement of their expenses as state employees. Claims for payment of all expenses incurred by the commission, including the salaries and expenses of its commissioners, [shall] must be made on vouchers and paid as other claims against the state are paid.

      Sec. 2.  NRS 233C.050 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 1979 (Chapter 768, AB 688)ê

 

      233C.050  Each member of the council is entitled to [$40] $60 for each day or portion thereof during which he is in attendance at a regularly called meeting of the council, plus travel expenses and subsistence allowances as allowed by NRS 281.160.

      Sec. 2.5.  NRS 233D.050 is hereby amended to read as follows:

      233D.050  1.  The council shall meet at least three times each year.

      2.  Each member of the council is entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.

      Sec. 3.  NRS 281.461 is hereby amended to read as follows:

      281.461  1.  Each commission shall:

      (a) At its first meeting and annually thereafter elect a chairman from among its members.

      (b) Meet at least once in each calendar quarter and at other times upon the call of the chairman.

      2.  Members of each commission are entitled to receive a salary of [$40] $60 per day while engaged in the business of the commission, in addition to the travel and subsistence allowances provided by law.

      3.  Each commission may employ such personnel, in the unclassified service of the state, and obtain such facilities as are required to carry out the functions of the commission. The salaries of persons so employed [shall] must be within the limits of appropriations made by law.

      Sec. 4.  NRS 284.045 is hereby amended to read as follows:

      284.045  While engaged in official business of the personnel division, the members of the commission [shall] are entitled to receive a salary of [$40] $60 per day and the per diem expense allowance and travel expenses as provided by law.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  NRS 288.100 is hereby amended to read as follows:

      288.100  Each member of the board is entitled to receive [$40] $60 for each day in which he is engaged in [board] the business [,] of the board, and is also entitled to the expenses and allowances prescribed in NRS 281.160.

      Sec. 6.5.  (Deleted by amendment.)

      Sec. 6.7.  NRS 315.390 is hereby amended to read as follows:

      315.390  1.  A commissioner is entitled to necessary expenses, including travel expenses, incurred in the discharge of his duties.

      2.  An authority may provide by resolution that each commissioner is entitled to receive compensation of [$40] $60 for each meeting attended.

      3.  No commissioner may receive as compensation more than $120 in a calendar month.

      Sec. 7.  NRS 315.980 is hereby amended to read as follows:

      315.980  Each commissioner [shall] is entitled to receive compensation of [$40] $60 per day for attendance at meetings of the authority and the per diem expense allowance and travel expenses as provided by NRS 281.160.

      Sec. 7.5.  NRS 321.5967 is hereby amended to read as follows:

      321.5967  1.  There is hereby created a board of review composed of the:

      (a) Director of the state department of conservation and natural resources;


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ê1981 Statutes of Nevada, Page 1980 (Chapter 768, AB 688)ê

 

      (b) Administrator of the division of environmental protection of the state department of conservation and natural resources;

      (c) Administrator of the division of mineral resources of the state department of conservation and natural resources;

      (d) Administrator of the division of state parks of the state department of conservation and natural resources;

      (e) State engineer;

      (f) State forester firewarden;

      (g) Chairman of the state environmental commission;

      (h) Director of the department of energy;

      (i) Executive director of the state department of agriculture;

      (j) The chairman of the board of wildlife commissioners; and

      (k) Administrator of the division of historic preservation and archeology of the state department of conservation and natural resources.

      2.  The chairman of the state environmental commission shall serve as chairman of the board.

      3.  The board shall meet at such times and places as are specified by a call of the chairman. Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.

      4.  Except as provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission and the chairman of the board of wildlife commissioners are entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the board and the travel expenses and subsistence allowances provided by law for state officers.

      5.  The board:

      (a) Shall review and approve or disapprove all regulations proposed by the state land registrar under NRS 321.597.

      (b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

      Sec. 8.  NRS 341.050 is hereby amended to read as follows:

      341.050  1.  Each member of the board is entitled to receive a salary of not more than [$40] $60 per day while engaged in the business of the board.

      2.  Each member is entitled to payment of his actual and necessary expenses incurred in the performance of his official duties and in attending meetings of the board. Such expenses [shall] must be paid from [moneys] money appropriated for the use of the board.

      Sec. 9.  NRS 355.020 is hereby amended to read as follows:

      355.020  The two members appointed by the governor [shall each] are each entitled to receive [$40] $60 per day for their services while actually engaged in the performance of their duties as members of the board, and [shall] are also [be] entitled to traveling and necessary expenses incurred in the performance of such duties.

      Sec. 10.  NRS 360.050 is hereby amended to read as follows:

      360.050  Each of the commissioners [shall] is entitled to receive as compensation [$40] $60 for each day actually employed on the work of the commission.

      Sec. 11.  NRS 361.375 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 1981 (Chapter 768, AB 688)ê

 

      361.375  1.  The state board of equalization, consisting of five members appointed by the governor, is hereby created. The governor shall designate one of the members to serve as chairman of the board.

      2.  The governor shall appoint:

      (a) One member who is a certified public accountant or a registered public accountant.

      (b) One member who is a property appraiser with a professional designation.

      (c) One member who is versed in the valuation of centrally assessed properties.

      (d) Two members who are versed in business generally.

      3.  Only three of the members may be of the same political party and no more than two may be from the same county.

      4.  An elected public officer of his deputy, employee or any person appointed by him to serve in another position shall not be appointed to serve as a member of the state board of equalization.

      5.  After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms. No member may serve more than two full terms consecutively.

      6.  Any member of the board may be removed by the governor if, in his opinion, that member is guilty of malfeasance in office or neglect of duty.

      7.  Each board member is entitled to receive as compensation [$40] $60 for each day actually employed on the work of the board. The board members are entitled to receive the per diem allowance and travel expenses for state officers and employees.

      8.  A majority of the members of the board constitutes a quorum, and a majority of the board shall determine the action of the board. The board may adopt regulations governing the conduct of its business.

      9.  The staff of the state board of equalization must be provided by the department and the executive director is the secretary of the board.

      Sec. 11.4.  NRS 380A.071 is hereby amended to read as follows:

      380A.071  1.  The council shall meet at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.

      2.  Each member of the council is entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.

      3.  Payments must be made upon [duly] itemized and verified claims approved by the state librarian from [funds] money appropriated to the Nevada state library.

      Sec. 11.8.  NRS 384.050 is hereby amended to read as follows:

      384.050  1.  The governor shall appoint:

      (a) One member who is a county commissioner of Storey County.

      (b) One member who is a county commissioner of Lyon County.

      (c) One member who is the administrator or an employee of the division of historic preservation and archeology of the state department of conservation and natural resources.

      (d) Two members who are persons licensed to practice architecture in [the State of Nevada.] this state.

      (e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.


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ê1981 Statutes of Nevada, Page 1982 (Chapter 768, AB 688)ê

 

preservation of structures, sites and areas of historic interest and are residents of the district.

      2.  The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are [duly] elected and qualified.

      3.  Each member of the commission is entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the commission and the per diem allowance and travel expenses provided by law.

      Sec. 12.  NRS 385.050 is hereby amended to read as follows:

      385.050  1.  Each member of the state board of education is entitled to receive:

      (a) Compensation of not more than [$40] $60 per day for attending each meeting of the board, not to exceed 12 meetings in any calendar year; and

      (b) His traveling and subsistence expenses as provided by law while attending meetings of the board.

      2.  Claims for compensation and expenses [shall] must be approved by the superintendent of public instruction and the state board of examiners, and [shall] must be paid from [funds] money provided by direct legislative appropriation from the state general fund as other claims against the state are paid.

      Sec. 12.2.  NRS 394.383 is hereby amended to read as follows:

      394.383  1.  The commission on postsecondary education, consisting of seven members appointed by the governor, is hereby created.

      2.  The members of the commission are entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the commission and the per diem allowances and travel expenses provided by law.

      Sec. 12.4.  NRS 396.070 is hereby amended to read as follows:

      396.070  1.  A member of the board of regents is not entitled to receive any compensation for his services.

      2.  Each member of the board of regents is entitled to receive in attending meetings of the board, or while on board of regents’ business within the state:

      (a) A per diem expense allowance not to exceed the greater of:

             (1) The rate of [$44;] $60; or

             (2) The maximum rate established by the Federal Government for the locality in which the travel is performed.

      (b) Travel expenses computed at the rate of 21 cents per mile traveled.

      Sec. 12.6.  NRS 407.025 is hereby amended to read as follows:

      407.025  While engaged in the official business of the division, the members of the commission are entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the commission and the per diem allowance and travel expenses provided by law.

      Sec. 13.  NRS 417.160 is hereby amended to read as follows:

      417.160  1.  The Nevada veterans’ advisory commission shall annually choose one of its members to serve as chairman and one of its members to serve as secretary.

      2.  Members of the advisory commission are entitled to receive:


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ê1981 Statutes of Nevada, Page 1983 (Chapter 768, AB 688)ê

 

      (a) A salary of not more than [$40] $60 per day, as fixed by the commission, while engaged in the business of the commission.

      (b) A subsistence allowance of not more than $40 per day, as fixed by the commission, and actual expenses for transportation, while traveling on business of the commission.

      Sec. 14.  NRS 422.130 is hereby amended to read as follows:

      422.130  For each day’s attendance at each meeting of the board, each member of the board [shall] is entitled to receive a salary of [$40] $60 per day and the per diem expense allowance and travel expenses as fixed by law.

      Sec. 14.5.  NRS 427A.151 is hereby amended to read as follows:

      427A.151  Members of the advisory committee are entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the committee and the travel expenses and subsistence allowances provided by law while engaged in the performance of the official duties.

      Sec. 15.  NRS 432A.075 is hereby amended to read as follows:

      432A.075  1.  The board shall meet at least four times a year and may meet at such other times as the board deems necessary.

      2.  Each member of the board is entitled to receive:

      (a) A salary of not more than [$40] $60 per day, as fixed by the board, while engaged in the business of the board.

      (b) The per diem expense allowance and travel expenses as provided by law for state officers.

      Sec. 15.5.  NRS 433.304 is hereby amended to read as follows:

      433.304  1.  The members of the board shall meet at such times and places as are necessary, but board meetings [shall] must be held at least quarterly. The board shall keep minutes of the transactions of each board meeting, which [shall be] are public records and must be filed with the division.

      2.  For each day’s attendance at a meeting of the board, the members are entitled to receive a salary of [$40] $60 and the per diem expense allowances and travel expenses as fixed by law.

      3.  A majority of the members of the board constitutes a quorum, and such quorum may exercise all powers of the board.

      4.  The board shall prescribe regulations for its own management.

      Sec. 16.  NRS 439.080 is hereby amended to read as follows:

      439.080  Each appointive member of the state board of health [shall] is entitled to receive the sum of [$40] $60 per day while attending meetings of the board, together with traveling expenses and subsistence allowances pursuant to the provisions of NRS 281.160 while engaged in the performance of his official duties.

      Sec. 16.2.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:

      (a) The director of the department of wildlife;

      (b) The state forester firewarden;

      (c) The state engineer;

      (d) The executive director of the state department of agriculture;


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ê1981 Statutes of Nevada, Page 1984 (Chapter 768, AB 688)ê

 

      (e) A member of the state board of health to be designated by that board; and

      (f) Four members appointed by the governor one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS.

      2.  The governor shall appoint the chairman of the commission from among the members.

      3.  A majority of the members constitutes a quorum and a majority of those present must concur in any decision.

      4.  Each member who is appointed by the governor is entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the committee and the travel expenses and subsistence allowances as provided by law.

      5.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      6.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including but not limited to, the department of transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.

      Sec. 16.4.  NRS 453.750 is hereby amended to read as follows:

      453.750  1.  The board of review for patients, consisting of three members who are physicians licensed to practice in this state, is hereby created.

      2.  The state board of health shall appoint:

      (a) One member who has been certified by the American Board of Ophthalmology.

      (b) One member who has been certified by the American Board of Internal Medicine both regularly and in the subspecialty of medical oncology.

      (c) One member who has been certified by the American Board of Psychiatry and Neurology.

      3.  Each member of the board is entitled to receive [$40] $60 for each day’s attendance at a meeting of the board and the per diem allowances and travel expenses provided by law.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 467.055 is hereby amended to read as follows:

      467.055  1.  Members of the commission, when authorized by the chairman, are entitled to receive as compensation [$40] $60 for each full-day meeting of the commission.


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ê1981 Statutes of Nevada, Page 1985 (Chapter 768, AB 688)ê

 

      2.  The executive secretary of the commission is in the unclassified service of the state. He 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.

      3.  Each inspector for the commission is entitled to receive for the performance of his duties a fee approved by the commission.

      Sec. 18.2.  NRS 472.030 is hereby amended to read as follows:

      472.030  1.  The state board of forestry and fire control, consisting of seven members appointed by the governor, is hereby created in the division of forestry of the state department of conservation and natural resources.

      2.  The governor shall appoint:

      (a) One member from the Nevada Woolgrowers Association;

      (b) One member from the Nevada State Cattlemen’s Association;

      (c) One member who is a representative of the agricultural industry;

      (d) One member who is an active participant in outdoor activities connected with fish and wildlife;

      (e) One member who is a representative of the lumber and forest products industry;

      (f) One member who is representative of the general public; and

      (g) One member who is a representative of the fire services.

      3.  The board shall select a chairman from among its members to serve for 1 year. The state forester firewarden shall serve as the secretary of the board.

      4.  The board shall meet twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary at any convenient place in the state, and may meet at other times upon [call by] the call of the secretary.

      5.  The members of the board are entitled to receive a salary of [$40] $60 for each day’s attendance at a meeting of the board and the per diem allowance and travel expenses provided by law.

      6.  The board shall advise the director of the state department of conservation and natural resources on matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden [shall] must be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.

      Sec. 18.4.  NRS 477.020 is hereby amended to read as follows:

      477.020  1.  The state fire marshal’s advisory board, consisting of five 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,

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.


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ê1981 Statutes of Nevada, Page 1986 (Chapter 768, AB 688)ê

 

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] $60 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.

      Sec. 19.  NRS 501.179 is hereby amended to read as follows:

      501.179  1.  Members of the commission are entitled to receive [$40] $60 per day while performing official duties for the commission, plus the per diem allowance and travel expenses provided by law.

      2.  Compensation and expenses must be paid from the wildlife account within the state general fund.

      Sec. 20.  NRS 513.061 is hereby amended to read as follows:

      513.061  1.  There is hereby created in the division the oil, gas and mining board consisting of seven members appointed by the governor.

      2.  The members of the board must be appointed as follows:

      (a) Four members shall represent the mining industry;

      (b) One member shall represent the oil and gas industry; and

      (c) Two members shall represent the general public.

      3.  Except for the initial terms, the appointments [shall] must be for terms of 4 years.

      4.  Members of the board are entitled to receive a salary of [$40] $60 for each day while engaged in the business of the board and the travel expenses and subsistence allowances provided by law.

      5.  The members of the board shall select a chairman from among their number.

      Sec. 20.5.  NRS 523.081 is hereby amended to read as follows:

      523.081  1.  The board shall meet at least once in every 2 months.

      2.  Eight members of the board constitute a quorum.

      3.  Members of the board are entitled to receive:

      (a) A salary of [$40] $60 for each day’s attendance at a meeting of the board; and

      (b) The subsistence allowance and travel expenses provided by law.

Claims [shall] must be approved by the chairman and paid from [funds] money provided by legislative appropriation as other claims against the state are paid.

      Sec. 21.  NRS 534.150 is hereby amended to read as follows:

      534.150  1.  For the purpose of examining applicants for well drillers’ licenses, the state engineer may appoint a well drillers’ advisory board referred to in this section as the “board.” The board may be on a regional or statewide basis.

      2.  In making the initial appointments, the state engineer shall appoint members to staggered terms of 1, 2 and 3 years.


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ê1981 Statutes of Nevada, Page 1987 (Chapter 768, AB 688)ê

 

appoint members to staggered terms of 1, 2 and 3 years. After the initial terms, members shall serve for 3-year terms.

      3.  The state engineer may fill vacancies on the board.

      4.  Each member of the board is entitled to receive [$40] $60 for each day and [$20] $30 for each half day spent doing the work of the board. Any time spent by members of the board in work or travel necessary to the discharge of their duties which is less than a full day but more than a half day must be treated for compensation purposes as a full day. Any time less than a half day [shall] must be treated as a half day. Each member of the board is entitled to receive the travel expenses and subsistence allowances provided by law.

      5.  The purpose of the board is to determine the qualifications of an applicant as a well driller and to submit its findings to the state engineer.

      6.  Regulations of the board on examining applicants for well drillers’ licenses must be developed by the state engineer in cooperation with the board upon its creation.

      7.  If a hearing is held by the state engineer to determine whether a licensed well driller is complying with the law or the regulations pertaining to well drilling, the state engineer may avail himself of the services of the board in an advisory capacity.

      Sec. 22.  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 allowed $40] is entitled to receive $60 per day as compensation and the per diem expense allowance and travel expenses provided by law.

      2.  The administrator shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioner’s, and shall file [the same] them with the state board of examiners for its action. Such bills and claims [shall] must be paid from the Colorado River resources fund.

      Sec. 23.  NRS 538.320 is hereby amended to read as follows:

      538.320  1.  Commissioners who are not in the regular employ of the State of Nevada [shall] are entitled to receive a salary of [$40] $60 per day for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate, except when a commissioner is employed by the commission to render special, technical or professional services, in which event [such] the commissioner [shall] is entitled to receive fees and expenses commensurate with the service rendered.

      2.  Commissioners who are in the regular employ of the state [shall] are not entitled to receive [no] per diem allowances, but [shall] are entitled to receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as state employees.

      Sec. 24.  NRS 538.450 is hereby amended to read as follows:

      538.450  1.  Commissioners who are not in the regular employ of the State of Nevada [shall] are entitled to receive a salary of [$40] $60 per day for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate.


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ê1981 Statutes of Nevada, Page 1988 (Chapter 768, AB 688)ê

 

per day for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate.

      2.  Commissioners who are in the regular employ of the state [shall] are not entitled to receive [no] any per diem allowance, but [shall] are entitled to receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as state employees.

      3.  Claims for payment of all expenses incurred by the Columbia Basin interstate compact commission of the State of Nevada, including the salary and expenses of its commissioners, [shall] must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.

      Sec. 24.2.  NRS 538.560 is hereby amended to read as follows:

      538.560  1.  The commissioner appointed pursuant to NRS 538.550, if not in the regular employ of the state, is entitled to compensation of [$40] $60 a day for time actually spent on the work of the Columbia Compact Commission, and subsistence allowances and travel expenses as provided by law.

      2.  If [such] the commissioner is in the regular employ of the state, he is not entitled to additional compensation, but is entitled to subsistence allowances and travel expenses as provided by law.

      3.  Claims for payment of all expenses incurred by the commissioner [shall] must be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.

      Sec. 24.4.  NRS 538.620 is hereby amended to read as follows:

      538.620  1.  The Nevada members of the California-Nevada Interstate Compact Commission, designated or appointed pursuant to Article IV of the compact, if not in the regular employ of the state, are entitled to compensation of [$40]