[Rev. 4/6/2015 4:31:51 PM]

Link to Page 2000

 

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κ1981 Statutes of Nevada, Page 2001 (Chapter 769, AB 706)κ

 

ANNUAL SALARIES

 

 

Class

 

County

County Commissioner

District Attorney

 

Sheriff

County Clerk

County Assessor

County Recorder

County Treasurer

1

Clark....................

       $25,000

     $49,500

     $48,000

     $37,000

       $37,000

     $37,000

    $37,000

2

Washoe................

         17,000

       47,000

       42,000

       36,000

         36,000

       36,000

       36,000

3

Carson City.........

         11,000

       38,000

       33,500

       30,000

         30,000

       30,000

      ----------

 

Churchill.............

           9,000

       36,000

       27,500

       24,000

         24,000

       24,000

      ----------

 

Douglas...............

         10,000

       38,000

       33,500

       30,000

         30,000

       30,000

      ----------

 

Elko......................

         10,000

       38,000

       29,600

       27,000

         27,000

       27,000

       27,000

 

Humboldt.............

           9,000

       36,000

       27,500

       24,000

         24,000

       24,000

       24,000

 

Lyon......................

           9,000

       36,000

       27,500

       24,000

         24,000

       24,000

      ----------

 

Nye........................

           9,000

       36,000

       27,500

       24,000

         24,000

       24,000

       24,000

 

White Pine...........

           9,000

       36,000

       27,500

       24,000

         24,000

       24,000

       24,000

4

Lander..................

           8,400

       33,500

       24,000

       21,000

         21,000

       21,000

       21,000

 

Lincoln.................

           8,400

       33,500

       24,000

       21,000

         21,000

       21,000

       21,000

 

Mineral................

           8,400

       33,500

       24,000

       21,000

         21,000

       21,000

      ----------

 

Pershing..............

           8,400

       33,500

       25,000

       21,000

         21,000

       21,000

      ----------

5

Esmeralda...........

           7,200

       27,500

       20,000

       18,000

         18,000

       18,000

      ----------

 

Eureka..................

           7,200

       27,500

       20,000

       18,000

         18,000

       18,000

      ----------

 

Storey...................

           7,200

       27,500

       20,000

       18,000

         18,000

       18,000

      ----------

 

      Sec. 3.  1.  This section and section 2 of this act shall become effective upon passage and approval.

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

 

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κ1981 Statutes of Nevada, Page 2002κ

 

CHAPTER 770, AB 453

Assembly Bill No. 453–Assemblymen Foley, Vergiels, Cafferata, Craddock, Jeffrey, Ham, Banner, Malone, Rhoads, Thompson, Price, DuBois, Rackley, Hickey, Dini, Glover, Beyer, Mello, Hayes, Westall, Stewart and Horn

CHAPTER 770

AN ACT relating to the sealing of records of juvenile offenders; permitting a court to inspect those records under certain circumstances; 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 62.275 is hereby amended to read as follows:

      62.275  1.  In any case in which a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justice’s court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justice’s court or municipal court, probation officer, law enforcement agency, or any other agency or public official, if:

      (a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or

      (b) Three years or more have elapsed since the child was last referred to the juvenile court and the child has never been declared a ward of the court.

      2.  The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.

      3.  If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in [such person’s] the juvenile’s case in the custody of the juvenile court, district court, justice’s court, municipal court, probation officer, law enforcement agency or any other agency or public official sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, [shall] must also be ordered sealed. All juvenile records [shall] must be automatically sealed when the person reaches 24 years of age.

      4.  The court shall send a copy of the order to each agency and official named therein. Each agency and official shall, within 5 days after receipt of the order:

      (a) Seal records in its custody, as directed by the order.

      (b) Advise the court of its compliance.

      (c) Seal the copy of the court’s order that it or he received.

As used in this section, “seal” means placing the records in a separate file or other repository not accessible to the general public.

      5.  If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred and the minor may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.

 


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κ1981 Statutes of Nevada, Page 2003 (Chapter 770, AB 453)κ

 

the records are deemed never to have occurred and the minor may properly reply accordingly to any inquiry concerning the proceedings and the events which brought about the proceedings.

      6.  The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order [such] the inspection.

      7.  The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of [such] the records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      8.  The court may, upon its own motion and for the purpose of sentencing a convicted adult who is under 21 years of age, inspect any records of that person which are sealed pursuant to this section.

      9.  An agency charged with the medical or psychiatric care of a person may petition the court to unseal his juvenile records.

 

________

 

 

CHAPTER 771, AB 560

Assembly Bill No. 560–Committee on Judiciary

CHAPTER 771

AN ACT relating to state government; providing for the termination of the commission on crimes, delinquency and corrections, and the department of law enforcement assistance; establishing an investigation division in the department of motor vehicles; 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 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  The investigation division is composed of:

      1.  A chief appointed by the director; and

      2.  Within the limitations of legislative appropriation, a number of investigators and agents which the director determines to be sufficient to carry out the duties of the division, who are employed in the classified service of the state.

      Sec. 3.  The chief of the investigation division shall:

      1.  Furnish services relating to the investigation of crimes, including interrogation with the use of polygraph instruments, upon the request of the attorney general or any sheriff, chief of police or district attorney.

      2.  Disseminate information relating to the dangers of the use of controlled substances and dangerous drugs.

      3.  Provide and operate a system of recording all information received by the division relating to persons who have alleged connections with organized crime or have some connection with violations of laws regulating controlled substances or dangerous drugs.

      4.  Arrange for the purchase of controlled substances and dangerous drugs when such a purchase is necessary in an investigation of offenses relating to controlled substances and dangerous drugs.

 


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κ1981 Statutes of Nevada, Page 2004 (Chapter 771, AB 560)κ

 

drugs when such a purchase is necessary in an investigation of offenses relating to controlled substances and dangerous drugs.

      5.  Procure from law enforcement agencies and other reliable sources information relating to violators of laws which govern controlled substances and dangerous drugs, including information about their character, probable motives, circumstances of arrest, methods of operation and other pertinent information.

      6.  Enforce the provisions of chapter 453 of NRS.

      7.  Furnish information relating to any person of whom he maintains a record to any law enforcement agency.

      Sec. 4.  Each sheriff and chief of police shall furnish to the division, on forms approved by the division, all information obtained in an investigation or prosecution of any person who has been alleged to have violated any criminal law of this state if in the investigation of the violation it appears that there is some connection with controlled substances or dangerous drugs.

      Sec. 4.5.  1.  The director may expend money appropriated for that purpose, as he determines necessary, to assist local law enforcement agencies or the division in the purchase of evidence and in employing persons other than peace officers to obtain evidence.

      2.  Upon receiving a written request from the director for money appropriated pursuant to this section, the state controller shall draw his warrant, payable to the director, in an amount which does not exceed any limit set by the legislature in the appropriation.

      3.  The director may keep money which he has drawn pursuant to this section in bank accounts or in cash.

      Sec. 5.  1.  The director shall appoint the peace officers standards and training committee.

      2.  The committee consists of three members, one appointed from Clark County, one from Washoe County and one from any other county. Members shall serve terms of 2 years from the date of appointment.

      3.  The committee shall:

      (a) Meet at the call of the director.

      (b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.

      (c) Adopt regulations establishing minimum standards for recruitment, selection and training of peace officers.

      (d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.

      4.  Regulations adopted by the committee:

      (a) Apply to all agencies of the state and of local governments which employ persons as peace officers; and

      (b) May require that training be carried on at institutions which it approves in those regulations.

      5.  The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.

      Sec. 6.  NRS 481.023 is hereby amended to read as follows:

 


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κ1981 Statutes of Nevada, Page 2005 (Chapter 771, AB 560)κ

 

      481.023  Except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the functions and duties provided in:

      1.  Title 43 of NRS relating to vehicles.

      2.  Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by such carriers.

      3.  Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.

      4.  Chapter 233F relating to the state communications system.

      5.  Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs.

      Sec. 7.  NRS 481.067 is hereby amended to read as follows:

      481.067  1.  The department may include:

      (a) A registration division.

      (b) A motor carrier division.

      (c) A driver’s license division.

      (d) A Nevada highway patrol division and communications subdivision.

      (e) An administrative services division.

      (f) An automation division.

      (g) An investigation division.

      (h) Such other divisions as the director may from time to time establish.

      2.  Before he reorganizes the department, the director shall obtain the approval of:

      (a) The legislature, if it is in regular session; or

      (b) The interim finance committee, if the legislature is not in regular session.

      Sec. 8.  NRS 481.071 is hereby amended to read as follows:

      481.071  1.  Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in subsection 3.

      2.  Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:

      (a) The registration division shall execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws.

      (b) The motor carrier division shall:

             (1) Execute, administer and enforce the laws relative to the licensing of motor vehicle carriers and the use of public highways by such carriers as contained in chapter 706 of NRS;

             (2) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;

             (3) Execute, administer and enforce the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles; and

 


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κ1981 Statutes of Nevada, Page 2006 (Chapter 771, AB 560)κ

 

             (4) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

      (c) The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

      (d) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.

      (e) The investigation division shall execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs, and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 481 of NRS and any other laws.

      [3.](f) The [primary functions and responsibilities of the] Nevada highway patrol division [are to] shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

      Sec. 9.  NRS 481.083 is hereby amended to read as follows:

      481.083  1.  Except for the operation of the drivers’ license division [,] and the investigation division, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.

      2.  All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.

      Sec. 10.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.

      2.  License plates furnished for:

      (a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation [and narcotics] division of the department of [law enforcement assistance] motor vehicles and any authorized federal or out-of-state law enforcement agency;

      (b) One automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;

      (c) Vehicles of a city, county or the state, except any assigned to the Nevada industrial commission, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

 

 


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κ1981 Statutes of Nevada, Page 2007 (Chapter 771, AB 560)κ

 

Nevada industrial commission, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

      (d) Automobiles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of brand inspection of the state department of agriculture;

             (3) The attorney general;

             (4) Duly appointed city or county juvenile officers;

             (5) District attorney offices;

             (6) Sheriff offices; and

             (7) Police departments in the state,

shall not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $5.50 per set.

      3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.

      5.  For the purposes of this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

      6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      Sec. 11.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The department shall (upon payment of the required fee) issue to every applicant qualifying therefor a driver’s license indicating the type or class of vehicles the licensee may drive, which license [shall] must bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license [shall be] is valid until it has been so signed by the licensee.

 


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κ1981 Statutes of Nevada, Page 2008 (Chapter 771, AB 560)κ

 

      2.  The department may issue a driver’s license for identification purposes only for use by officers of local police and sheriffs’ departments and agents of the investigation [and narcotics] division of the department of [law enforcement assistance] motor vehicles while engaged in special undercover narcotics or prostitution investigations. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license [shall] must be made through the head of the police or sheriff’s department or the chief of the investigation [and narcotics] division. Such a license [shall be] is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  Information pertaining to the issuance of a driver’s license under subsection 2 is confidential.

      4.  It is unlawful for any person to use a driver’s license under subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  A person may attach to his driver’s license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.

      Sec. 12.  NRS 485.033 is hereby amended to read as follows:

      485.033  “Division” means the drivers’ license division of the department of motor vehicles or any other division to which the [administration of this chapter is assigned by the director.] director has assigned responsibility for administration of this chapter.

      Sec. 13.  NRS 169.125 is hereby amended to read as follows:

      169.125  1.  “Peace officer” includes:

      1.  The bailiff of the supreme court and bailiffs of the district courts, justices’ courts and municipal courts;

      2.  Sheriffs of counties and of metropolitan police departments and their deputies;

      3.  Constables and their deputies when carrying out their official duties [.] ;

      4.  Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;

      5.  The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;

      6.  Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;

      7.  Marshals and policemen of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators employed by the office of any district attorney or the attorney general;

      10.  Arson investigators for fire departments specially designated by the appointing authority;

      11.  Members of the University of Nevada System police department;

      12.  The state fire marshal and his assistant and deputies;

      13.  The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;

 

 


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κ1981 Statutes of Nevada, Page 2009 (Chapter 771, AB 560)κ

 

when exercising the enforcement powers conferred in chapter 565 of NRS;

      14.  Arson investigators for the state forester firewarden specially designated by the appointing authority;

      15.  The deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;

      16.  Division of state parks employees designated by the administrator of the division of state parks in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;

      17.  Security officers employed by the board of trustees of any school district;

      18.  The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 or when investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;

      19.  The director, division chiefs, investigators, agents and other sworn personnel of the investigation division of the department of [law enforcement assistance;] motor vehicles;

      20.  Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;

      21.  Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;

      22.  The personnel of the Nevada department of wildlife when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS;

      23.  Security officers of the legislature of the State of Nevada when carrying out duties prescribed by the legislative commission;

      24.  Group supervisors of the Nevada girls training center and the Nevada youth training center when carrying out any duties prescribed by the superintendents of their respective institutions;

      25.  Security officers employed by a city or county when carrying out duties prescribed by ordinance; and

      26.  Security officers of the buildings and grounds division of the department of general services when carrying out duties prescribed by the director of the department of general services.

      Sec. 14.  NRS 179.515 is hereby amended to read as follows:

      179.515  1.  In January of each year, the attorney general and the district attorney of each county shall report to the Administrative Office of the United States Courts the information required to be reported pursuant to 18 U.S.C. § 2519. A copy of [such report shall] the report must be filed with the [commission on crimes, delinquency and corrections.] investigation division of the department of motor vehicles. In the case of a joint application by the attorney general and a district attorney both shall make the report.

      2.  Every justice of the supreme court or district court judge who signs an order authorizing or denying an interception shall, within 30 days after the termination of the order or any extension thereof, file with the [commission on crimes, delinquency and corrections] investigation division of the department of motor vehicles on forms [furnished by the commission] approved by the division a report containing the same information required to be reported pursuant to 18 U.S.C.

 


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κ1981 Statutes of Nevada, Page 2010 (Chapter 771, AB 560)κ

 

signs an order authorizing or denying an interception shall, within 30 days after the termination of the order or any extension thereof, file with the [commission on crimes, delinquency and corrections] investigation division of the department of motor vehicles on forms [furnished by the commission] approved by the division a report containing the same information required to be reported pursuant to 18 U.S.C. § 2519. [Such report shall] The report must also indicate whether a party to an intercepted wire communication had consented to [such] the interception.

      3.  The willful failure of any officer to report any information known to him which is required to be reported pursuant to subsection 1 or 2 constitutes malfeasance in office and, in such cases, the secretary of state shall, when the wrong becomes known to him, [instigate] institute legal proceedings for the removal of that officer.

      4.  The investigation division of the department of motor vehicles shall, on or before April 30 of each year, compile a report consisting of a summary and analysis of all reports submitted to the division pursuant to this section during the previous calendar year. The report is a public record and may be inspected by any person during the regular office hours of the division.

      Sec. 15.  Chapter 179A of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Division” means the investigation division of the department of motor vehicles.

      Sec. 16.  NRS 179A.010 is hereby amended to read as follows:

      179A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179A.020 to 179A.070, inclusive, and section 15 of this act, have the meanings ascribed to them in those sections.

      Sec. 17.  NRS 179A.080 is hereby amended to read as follows:

      179A.080  The [commission] director of the department of motor vehicles is responsible for administering this chapter and may adopt regulations for that purpose. The [commission] director shall:

      1.  Establish regulations for the security of the system of Nevada records of criminal history so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

      2.  Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of records of criminal history.

      3.  Provide for audits of information systems by qualified public or private agencies, organizations or persons.

      Sec. 18.  NRS 179A.150 is hereby amended to read as follows:

      179A.150  1.  Each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of a record of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than that defined as a record of criminal history.

 


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κ1981 Statutes of Nevada, Page 2011 (Chapter 771, AB 560)κ

 

      2.  Each agency shall adopt regulations and make available necessary forms to permit inspection and review of Nevada records of criminal history by those persons who are the subjects thereof. The regulations must specify:

      (a) The reasonable periods of time during which the records are available for inspection;

      (b) The requirements for proper identification of the persons seeking access to the records; and

      (c) The reasonable charges or fees, if any, for inspecting records.

      3.  All law enforcement agencies which maintain communications with the repository of Nevada records of criminal history shall procure for and furnish to any person who requests it, and pays a reasonable fee therefor, all of the information contained in its records of criminal history which pertains to the person making the request.

      4.  The [commission] director of the department of motor vehicles shall adopt regulations governing:

      (a) All challenges to the accuracy or sufficiency of records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;

      (b) The correction to any record of criminal history found by the [commission] director to be inaccurate, insufficient or incomplete in any material respect;

      (c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and

      (d) A time limit of not more than 90 days within which an inaccurate or insufficient record of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, to the address given by each person who requested the information when the request was made.

      Sec. 19.  NRS 200.033 is hereby amended to read as follows:

      200.033  The only circumstances by which murder of the first degree may be aggravated are:

      1.  The murder was committed by a person under sentence of imprisonment.

      2.  The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.

      3.  The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.

      4.  The murder was committed while the person was engaged, or was an accomplice, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary or kidnaping in the first degree.

      5.  The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.

 


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κ1981 Statutes of Nevada, Page 2012 (Chapter 771, AB 560)κ

 

      6.  The murder was committed by a person, for himself or another, for the purpose of receiving money or any other thing of monetary value.

      7.  The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For purposes of this subsection “peace officer” means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation [and narcotics] division of the department of [law enforcement assistance,] motor vehicles, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees of the department of prisons when carrying out the duties prescribed by the director of the department.

      8.  The murder involved torture, depravity of mind or the mutilation of the victim.

      9.  The murder was committed upon one or more persons at random and without apparent motive.

      Sec. 20.  NRS 205.465 is hereby amended to read as follows:

      205.465  1.  It is unlawful for any person to possess, sell or transfer any document for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.

      2.  A person who sells or transfers any such document 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. A person who possesses any such document is guilty of a misdemeanor.

      3.  Subsection 1 does not:

      (a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document.

      (b) Prohibit the possession or use of such documents by officers of local police, sheriff and metropolitan police departments and by agents of the investigation [and narcotics] division of the department of [law enforcement assistance] motor vehicles while engaged in undercover narcotics or prostitution investigations.

      Sec. 21.  NRS 233F.110 is hereby amended to read as follows:

      233F.110  1.  The board shall establish and administer policy respecting the development, administration and operation of the state communications system. The board shall provide sufficient numbers of microwave channels for use by state agencies.

      2.  Regulations governing the joint use of the state communications system must establish a minimum standard for such use and are supplemental to rules or regulations of the Federal Communications Commission on the same subject.

      3.  Except as provided in subsection 5, microwave channels assigned to user agencies by the board must not be reassigned without the concurrence of the user agency.

      4.  Microwave channels may be assigned to the department of [law enforcement assistance] motor vehicles for assignment by that department to local, state and federal criminal justice agencies as that department may desire. The department of [law enforcement assistance] motor vehicles shall assume the operating costs of those channels and bill user agencies for those costs.


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κ1981 Statutes of Nevada, Page 2013 (Chapter 771, AB 560)κ

 

vehicles shall assume the operating costs of those channels and bill user agencies for those costs.

      5.  The board may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.

      Sec. 22.  NRS 286.061 is hereby amended to read as follows:

      286.061  1.  “Police officer” means a member, who is a full-time employee of a participating public employer, whose principal duties consist of enforcing the laws of the State of Nevada or any of its political subdivisions and who is:

      (a) A member of the Nevada highway patrol who exercises the police powers specified in NRS 481.0491 and 481.180;

      (b) The sheriff of a county or of a metropolitan police department, a detective, or a deputy sheriff;

      (c) The chief of police of an incorporated city or unincorporated town, a detective, or a subordinate police officer;

      (d) A correctional officer of the state prison whose duties require daily contact with the prisoners for a majority of his work;

      (e) A guard, jailer or matron of a county or city jail;

      (f) An agent of the investigation [and narcotics] division of the department of [law enforcement assistance;] motor vehicles;

      (g) Any person who, before July 1, 1977, was a member of the University of Nevada System police department, or a special investigator employed by the attorney general or by a district attorney, or a correctional officer of the state prison whose duties did not require daily contact with the prisoners for a majority of his work;

      (h) Any person who, before July 1, 1979, was a parole or probation officer of the department of parole and probation; or

      (i) The former holder of one of the positions enumerated in paragraphs (a) to (f), inclusive, or a person eligible under paragraph (g) or (h), who has been promoted by the same public employer to a position related to law enforcement.

      2.  The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed “police officers.” Service in any position not enumerated in this section does not entitle a member to early retirement as a police officer.

      Sec. 23.  NRS 334.010 is hereby amended to read as follows:

      334.010  1.  No automobile may be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.

      2.  All such automobiles may be used for official purposes only.

      3.  All such automobiles, except:

      (a) Automobiles maintained for and used by the governor;

      (b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation [and narcotics] division of the department of [law enforcement assistance] motor vehicles and investigators of the state gaming control board and the attorney general;

      (c) One automobile used by the department of prisons;

      (d) Two automobiles used by the Nevada girls training center;

 


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κ1981 Statutes of Nevada, Page 2014 (Chapter 771, AB 560)κ

 

      (e) Three automobiles used by the Nevada youth training center; and

      (f) Four automobiles used by the youth parole bureau of the youth services division of the department of human resources,

must be labeled by painting the words “State of Nevada” and “For Official Use Only” thereon in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.

      4.  Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.

      Sec. 24.  NRS 453.076 is hereby amended to read as follows:

      453.076  “Division” means the investigation [and narcotics] division of the department of [law enforcement assistance.] motor vehicles.

      Sec. 25.  NRS 453.690 is hereby amended to read as follows:

      453.690  1.  Every person or institution authorized to dispense or administer narcotic drugs shall furnish to the health division of the department, the investigation [and narcotics] division of the department of [law enforcement assistance] motor vehicles and the state board of pharmacy such information as the health division or the board may require by regulations.

      2.  Every public official or employee having duties to perform with respect to narcotic drugs shall furnish to the health division of the department, the investigation [and narcotics] division of the department of [law enforcement assistance] motor vehicles and the state board of pharmacy such information as the regulations of the health division or the board may require.

      Sec. 26.  NRS 454.700 is hereby amended to read as follows:

      454.700  Members, inspectors and investigators of the board, inspectors of the Food and Drug Administration and agents of the investigation division of the department of [law enforcement assistance] motor vehicles may remove any record required to be kept by state or federal law or regulation including prescriptions from a prescription file, if the record in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the record is substituted therefor. Both the copy and the original record must be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original record, on that date, also appears on the copy thereof.

      Sec. 27.  NRS 639.236 is hereby amended to read as follows:

      639.236  1.  All prescriptions filled in any pharmacy must be serially numbered and filed in the manner prescribed by regulation of the board. Prescriptions for Schedule II controlled substances as defined in chapter 453 of NRS, must be filed separately from other prescriptions or in a readily retrievable manner as the board may provide by regulation. All prescriptions must be retained on file for at least 2 years.

      2.  Each prescription on file must bear the date on which it was originally filled and be personally signed or initialed by the registered pharmacist who filled it.

      3.  Prescription files are open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the investigation division of the department of [law enforcement assistance.]


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κ1981 Statutes of Nevada, Page 2015 (Chapter 771, AB 560)κ

 

Administration and agents of the investigation division of the department of [law enforcement assistance.] motor vehicles.

      Sec. 28.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. A pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued;

      (b) The practitioner who originally issued the prescription;

      (c) A practitioner who is then treating the patient;

      (d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration or an agent of the investigation division of the department of [law enforcement assistance;] motor vehicles;

      (e) An agency of state government charged with the responsibility of providing medical care for the patient;

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information; or

      (g) Any person duly authorized by a district court order.

      2.  Any copy of a prescription for a controlled substance as defined in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such copy, must contain all of the information appearing on the original prescription and be clearly marked on its face, “Copy, Not Refillable–For Reference Purposes Only”; and such a copy must bear the name or initials of the registered pharmacist who prepared the copy.

      3.  If a copy of a prescription for any controlled substance as defined in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

      4.  If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.

      Sec. 29.  NRS 639.239 is hereby amended to read as follows:

      639.239  Members, inspectors and investigators of the board, inspectors of the Food and Drug Administration and agents of the investigation division of the department of [law enforcement assistance] motor vehicles are authorized to remove an original prescription from a prescription file, if the prescription in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the prescription is substituted therefor. Both the copy and the original prescription [shall] must be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original prescription, on that date, also appears on the copy thereof.

      Sec. 30.  NRS 706.8841 is hereby amended to read as follows:


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κ1981 Statutes of Nevada, Page 2016 (Chapter 771, AB 560)κ

 

      706.8841  1.  The administrator shall issue a driver’s permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a driver’s permit, the administrator shall:

      (a) Require the applicant to submit a set of his fingerprints, which must be forwarded to the [identification and communications division of the department of law enforcement assistance and to the] Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and

      (b) Require proof that the applicant:

             (1) Has been a resident of the state for 30 days prior to his application for a permit;

             (2) Can read and orally communicate in the English language; and

             (3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.

      2.  The administrator may refuse to issue a driver’s permit if the applicant has been convicted of:

      (a) A felony, other than a felony for a sexual offense, in the State of Nevada or any other state, territory or nation within 5 years before the date of the application, or a felony involving any sexual offense at any time; or

      (b) Driving under the influence of intoxicating beverages, dangerous drugs or controlled substances within 3 years before the date of the application.

      3.  The administrator may refuse to issue a driver’s permit if the administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A taxicab driver shall pay to the administrator, in advance, the sum of $5 for an original driver’s permit and $2.50 for a renewal.

      Sec. 31.  NRS 179A.040 and 216.015 to 216.321, inclusive, are hereby repealed.

      Sec. 32.  Regulations adopted by the department of law enforcement assistance which were in effect on July 1, 1981, remain in effect and must be enforced by the director of the department of motor vehicles until the director has adopted similar regulations, or repealed or amended the regulations of the department of law enforcement assistance.

      Sec. 33.  Sections 7, 8 and 12 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

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κ1981 Statutes of Nevada, Page 2017κ

 

CHAPTER 772, AB 362

Assembly Bill No. 362–Assemblyman Dini

CHAPTER 772

AN ACT relating to crimes against property; extending the description of a cheat; increases penalties in certain cases; 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 205.380 is hereby amended to read as follows:

      205.380  1.  Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his employee, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

      (a) If the value of the thing or labor so fraudulently obtained was $100 or more, 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 sentenced to restore the property so fraudulently obtained, if it can be done [.] , or tender payment for rent or labor.

      (b) If the value of the thing or labor so fraudulently obtained was less than $100, for a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done [.] , or tender payment for rent or labor.      

      2.  For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for [property] :

      (a) Property which can be returned in the same condition in which it was originally received;

      (b) Rent; or

      (c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,

stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.

      3.  The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of intent to defraud.

      4.  A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank [and] , in every place of business in which retail selling is conducted [:] or labor is performed for the public and must be furnished in written form by a landlord to a tenant:

 


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κ1981 Statutes of Nevada, Page 2018 (Chapter 772, AB 362)κ

 

       The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:

       1.  If the value of the property, rent or labor so fraudulently obtained was $100 or more, 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.

       2.  If the value of the property, rent or labor so fraudulently obtained was less than $100, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.

 

The notice must be prepared and copies thereof supplied on demand by the superintendent of the state printing and records division of the department of general services, who may charge a fee based on the cost for each copy of the notice supplied to any person.

 

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CHAPTER 773, AB 676

Assembly Bill No. 676–Committee on Ways and Means

CHAPTER 773

AN ACT relating to public officers and employees; providing certain exceptions from a limitation on salaries; 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 281.123 is hereby amended to read as follows:

      281.123  1.  Except as provided in subsections 2 and 3 of this section and in NRS 281.1233 and 281.1235, or authorized by statute referring specially to that position, the salary of a person employed by the State of Nevada [, any political subdivision of the state] or any agency of the state must not exceed 95 percent of the salary for the office of governor during the same period.

      2.  The provisions of subsection 1 do not operate to reduce the salary which any public employee was receiving on June 30, 1975.

      3.  The provisions of subsection 1 do not apply to the salaries of: [dentists]

      (a) Dentists and physicians employed full time by the state [.] ; or

      (b) Officers and employees of the University of Nevada.

 

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κ1981 Statutes of Nevada, Page 2019κ

 

CHAPTER 774, AB 627

Assembly Bill No. 627–Committee on Judiciary

CHAPTER 774

AN ACT relating to juveniles; making various changes in their privileges and the juvenile courts; 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 62.040 is hereby amended to read as follows:

      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, or he is suffering from congenital drug addiction or the fetal alcohol syndrome, 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) 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) 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] must 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.

 


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κ1981 Statutes of Nevada, Page 2020 (Chapter 774, AB 627)κ

 

      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] disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been [ordered to be imprisoned.] a recommendation of imprisonment.

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] must be accompanied at all proceedings by a parent or legal guardian.

      Sec. 2.  NRS 62.100 is hereby amended to read as follows:

      62.100  1.  The judge or judges of the court in each judicial district which does not include a county having a population of 250,000 or more shall, when facilities for the temporary detention of children or other commitment facilities administered or financed by the court for the detention of children have been established within that district, and may at any other time in their discretion, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which must specify the time in which to appear, and shall qualify by taking an oath, which must be entered in the records, faithfully to perform the duties of a member of the committee. Of the members first appointed, one [shall] must be appointed for a term of 1 year, two for terms of 2 years, and two for terms of 3 years. Thereafter, all appointments [shall] must be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.

      2.  The duties of the probation committee are the following:

      (a) The paramount duty of the probation committee is to advise the court, at its request.

      (b) The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children established by boards of county commissioners.

      (c) Upon the request of the judge or judges, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter.

 


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κ1981 Statutes of Nevada, Page 2021 (Chapter 774, AB 627)κ

 

resources and management of all natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee may initiate an investigation thereof if it deems an investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the judge or judges.

      (d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports must be submitted to the court and filed as public documents with the clerk of the court.

      (e) The judge or judges shall, [in cooperation] with the advice of the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county. [, except as hereinafter provided.

      (f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations must have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.

      (g)](f) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the judge or judges.

      [(h)](g) The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.

      Sec. 3.  NRS 62.105 is hereby amended to read as follows:

      62.105  1.  The judge or judges of the court in each district which includes a county having a population of 250,000 or more shall, by an order entered in the minutes of the court, appoint not less than five nor more than seven representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which must specify the time in which to appear, and shall qualify by taking an oath, which must be entered in the records, faithfully to perform the duties of a member of the committee. Of the members first appointed, one [shall] must be appointed for a term of 1 year, two for terms of 2 years, and two for terms of 3 years. Thereafter, all appointments [shall] must be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary.

 


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κ1981 Statutes of Nevada, Page 2022 (Chapter 774, AB 627)κ

 

chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges. Any member who is absent from three consecutive meetings of the committee without the permission of the chairman [shall relinquish] forfeits his office and the vacancy [shall] must be filled as provided in this subsection.

      2.  The duties of the probation committee [shall be] are the following:

      (a) The paramount duty of the probation committee is to advise the court, at its request.

      (b) The probation committee shall advise with the director of juvenile services and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children established by boards of county commissioners.

      (c) Upon the request of the director of juvenile services, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee may initiate an investigation thereof if it deems an investigation proper or necessary, and must report its findings, conclusions and recommendations to the director of juvenile services.

      (d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports must be submitted to the court and filed as public documents with the clerk of the court.

      (e) The director shall, [in cooperation] with the advice of the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county. [, except as hereinafter provided.

      (f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations must have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.

      (g)](f) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county.

      [(h)](g) The probation committee shall act as a hearing board pursuant to the provisions of subsection 2 of NRS 62.117.

      Sec. 4.  NRS 62.110 is hereby amended to read as follows:

      62.110  1.  The judge or judges of each judicial district which does not include a county having a population 250,000 or more shall appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department and detention home.

 


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

κ1981 Statutes of Nevada, Page 2023 (Chapter 774, AB 627)κ

 

detention home. If more than one probation officer is appointed, one of them shall be designated as chief probation officer. All probation officers and detention personnel [shall] must be appointed from lists of eligible persons established through competitive examinations. [conducted by the probation committee.] Probation officers and employees may be removed, discharged or reduced in position only after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the judge in answer thereto.

      2.  Whenever the judge serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers [shall] must be allocated between the counties by the judge.

      3.  The salaries of the probation officers, detention home personnel and other employees must be fixed by the judge with the advice of the probation committee and consent of the board or boards of county commissioners.

      Sec. 5.  NRS 62.115 is hereby amended to read as follows:

      62.115  1.  The director of juvenile services shall, with the advice and recommendation of the probation committee, appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department, the detention home and other commitment facilities administered or financed by the county. If more than one probation officer is appointed, one of them [shall] must be designated as chief probation officer. All probation officers and detention personnel [shall] must be appointed from lists of eligible persons established through competitive examinations. [conducted by the probation committee.]

      2.  Probation officers and employees are subject to dismissal or reduction in position by the director of juvenile services. Probation officers and employees may be reduced in position irrespective of their length of service only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with less than 12 months’ service may be dismissed only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with 12 months or more of service may be dismissed only for cause and are entitled to the hearing and appeal procedure contained in NRS 62.117.

      3.  Whenever the director of juvenile services serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers [shall] must be allocated between the counties by the director of juvenile services.

      4.  The salaries of the probation officers, detention home personnel and other employees [shall] must be fixed by the director of juvenile services with the advice of the probation committee, approval of the juvenile court judge or judges, and consent of the board or boards of county commissioners.

      Sec. 6.  NRS 62.123 is hereby amended to read as follows:

 


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κ1981 Statutes of Nevada, Page 2024 (Chapter 774, AB 627)κ

 

      62.123  1.  The judge or judges of each judicial district which includes a county having a population of 250,000 or more shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of human resources, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services may also be responsible for carrying out preventive programs relating to juvenile delinquency. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.

      2.  The director of juvenile services [shall] must be appointed by the juvenile court judge or judges from a list of candidates [provided] recommended by the probation committee.

      3.  The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.

      4.  The director of juvenile services [shall have] is entitled to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the juvenile court judge or judges, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.

      5.  The salary of the director of juvenile services must be fixed by the juvenile court judge or judges, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.

      Sec. 7.  NRS 62.160 is hereby amended to read as follows:

      62.160  [In case] If the summons cannot be served, or the parties served fail to obey the [same, or in any case when it shall be made to appear to the judge that the] summons, or when, in the opinion of the judge, the service will be ineffectual or the welfare of the child requires that he [shall] be brought forthwith into the custody of the court, the court may issue a writ for the attachment of the person of the parent, [or] guardian or custodian of the child, or the child, or any of them, commanding [the] a probation officer or [any] peace officer to bring before the court, at a time and place stated, [such] the named person or persons. Violation of the writ or any orders of the court may be punished as contempt.

      Sec. 8.  NRS 62.230 is hereby amended to read as follows:

      62.230  1.  Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of the child, compensation for the care of the child [,] while in such custody, when approved by order of the court, [shall be] is a charge upon the county where the child has a legal residence. If a female child is committed to a private institution within the state, any compensation for the care of the child which is not paid by a parent [shall] must be paid by the state from [moneys] money budgeted for by and appropriated to the Nevada girls training center division of the youth services agency of the department of human resources.

 


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κ1981 Statutes of Nevada, Page 2025 (Chapter 774, AB 627)κ

 

budgeted for by and appropriated to the Nevada girls training center division of the youth services agency of the department of human resources. [No commitment shall] A commitment must not be made to such a private institution until the court has ascertained from the superintendent of [such school that sufficient moneys are available to pay] the institution that sufficient money is available for such compensation. [Nothing in this subsection shall be construed to prohibit] This subsection does not prohibit the payment of compensation by the Nevada girls training center division from [moneys] money appropriated for that purpose to schools outside the state to which female children are committed pursuant to the provisions of NRS 210.580.

      2.  Notwithstanding any provision made by the law of this state for the support of such children, after the parent has been given a reasonable opportunity to be heard, the court may order and decree that the parent [shall] pay, in such a manner as the court may direct and within the parent’s ability to pay, a sum of money [as will] to cover in whole or in part the support of the child. If the parent [shall willfully fail or refuse] willfully fails or refuses to pay the sum, the court may proceed against him for contempt of court.

      3.  Whenever the court [shall order] orders the parent or parents of a child to pay for the support of a child, as [herein] provided [, the same shall] in this section, the money must be paid to the superintendent or fiscal officer of the institution to which the child is committed.

      Sec. 9.  NRS 62.240 is hereby amended to read as follows:

      62.240  1.  The court may cause any child adjudged to be within its jurisdiction to be examined by a physician, psychiatrist, psychologist or other qualified person.

      2.  Whenever a child [concerning whom a petition has been filed] who is within the jurisdiction of the court appears to be in need of nursing, medical, surgical or other care, the court may order the parent or other person responsible for the care and support of the child to provide such care. If the parent or other person fails to provide such care, the court may, after due notice, [enter an order therefor, and the] order that the child be provided the care. The expense thereof, when approved by the court, [shall be] is a charged upon the county; but the court may adjudge that the person having the duty under the law to support the child pay part or all of the expenses of such care in the manner provided in NRS 62.230.

      Sec. 10.  NRS 179A.120 is hereby amended to read as follows:

      179A.120  1.  Agencies of criminal justice may disclose to victims of a crime, members of their families or their guardians the identity of persons suspected of being responsible for the crime, including juveniles [,] who have been certified to stand trial as adults, together with information, including dispositions, which may be of assistance to the victim in obtaining redress for his injury or loss in a civil action. This disclosure may be made regardless of whether charges have been filed, and even if a prosecuting attorney has declined to file charges or the charge has been dismissed.

      2.  Disclosure of investigative information pursuant to this section does not establish a duty to disclose any additional information concerning the same incident or make any disclosure of information obtained by an investigation, except as compelled by legal process.

 


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κ1981 Statutes of Nevada, Page 2026 (Chapter 774, AB 627)κ

 

does not establish a duty to disclose any additional information concerning the same incident or make any disclosure of information obtained by an investigation, except as compelled by legal process.

      Sec. 11.  NRS 210.180 is hereby amended to read as follows:

      210.180  1.  [It is lawful for the courts to] A court may commit to the school [those minor persons] any person between the ages of 8 to 18 years [whom they have] who is found to be [delinquents as provided by law.] delinquent. Before any [such] person is conveyed to the school, [it must be ascertained from] the superintendent [whether] must determine that adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person [may] must be delivered to the school. The superintendent shall accept the person unless there are not adequate facilities available to provide the necessary care, or there is not adequate money available for the support of the school, or, in the opinion of the superintendent, the person is not suitable for admission to the school.

      2.  The court may order, when committing a [minor] person to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. [The person ordered to pay for the support and maintenance of the minor shall pay the money] Such payments must be paid to the superintendent, who shall immediately deposit the money with the state treasurer for credit to the state general fund.

      3.  The court shall order, before commitment, that [each minor] the person be given a physical examination, which [must include] includes a blood test, test for tuberculosis, urinalysis and an examination for venereal disease, by [some licensed] a physician. The physician shall, within 5 days after [such] the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk shall immediately forward a copy of the written report to the superintendent.

      Sec. 12.  NRS 210.580 is hereby amended to read as follows:

      210.580  1.  [It is lawful for the court to] A court may commit to the school [female minor persons] any female person between the ages of 8 and 18 years [whom they have] who is found to be [delinquents as provided by law.] delinquent. Before any [such] person is conveyed to the school, [it must be ascertained from] the superintendent [whether] must determine that adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person [may] must be delivered to the school. The superintendent shall accept the person unless there are not adequate facilities available to provide the necessary care, or there is not adequate money available for the support of the school, or, in the opinion of the superintendent, the person is not suitable for admission to the school. Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school [approved by the board] outside of the State of Nevada [,] which is approved by the board, or to a private institution within the State of Nevada.

 


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κ1981 Statutes of Nevada, Page 2027 (Chapter 774, AB 627)κ

 

a school [approved by the board] outside of the State of Nevada [,] which is approved by the board, or to a private institution within the State of Nevada.

      2.  The court may order, when committing a [female minor] person to the care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her support and maintenance. [The person ordered to pay for the support and maintenance of the minor shall pay the money] Such payments must be paid to the superintendent, who shall immediately deposit the money with the state treasurer for credit to the state general fund.

      3.  The court shall order, before commitment, that [each female minor] the person be given a physical examination, which [must include] includes a blood test, test for tuberculosis, urinalysis, and an examination for venereal disease by [some licensed] a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.

      Sec. 13.  NRS 502.077 is hereby amended to read as follows:

      502.077  1.  [Notwithstanding any other provision of this Title, annually, the] The department shall issue special fishing permit badges to the administrative head of:

      (a) The Nevada mental health institute;

      (b) The Las Vegas mental health center;

      (c) The Northern Nevada children’s home;

      (d) The Southern Nevada children’s home;

      (e) The Nevada youth training center;

      (f) The Nevada girls training center; [and]

      (g) The Spring Mountain Youth Camp;

      (h) Any facility which provides temporary foster care for children who are not delinquent; and

      (i) Such other public or charitable institutions or organizations as may be designated by regulations adopted by the commission,

for use only by the members, patients or children of such institutions or organizations.

      2.  [Such permit badges shall:

      (a) During the time a member, patient or child is fishing,] The permit badges:

      (a) Must be worn conspicuously on the front of [his outer garment.] the outer garment of the member, patient or child while he is fishing.

      (b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, [provided such person] if the officer or employee has a valid Nevada fishing license.

 


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κ1981 Statutes of Nevada, Page 2028 (Chapter 774, AB 627)κ

 

      (c) [Be] Must be issued pursuant and subject to regulations prescribed by the commission.

      (d) [Contain] Must contain the words “Nevada Special Fishing Permit” and the number of the permit printed on the face of the permit badge.

      3.  Each institution or organization shall pay to the department an annual fee of $1 for each permit badge issued to the institution or organization pursuant to this section. [Issuance of such permit badges shall not exceed 30, annually,] The department shall not issue more than 30 permit badges per year to each institution or organization.

      4.  It is unlawful for any person other than a member, patient or child in one of such organizations or institutions to wear a permit badge issued by the department pursuant to this section.

      Sec. 14.  Sections 11 and 12 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 775, AB 432

Assembly Bill No. 432–Assemblymen Hayes, Mello, Stewart, Sader, Horn, Prengaman, Jeffrey, Thompson, Price, Banner, Nicholas and Barengo

CHAPTER 775

AN ACT relating to landlords and tenants; making various revisions to the law governing mobile home parks; 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 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  The landlord or his agent or employee shall not:

      1.  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 located in mobile homes of similar size on the same class of lot, either double or single, 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 received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.

      2.  Require a tenant to pay his rent by check.

      3.  Prohibit or require fees for 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, or prohibit the distribution of notices of such meetings.

 


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κ1981 Statutes of Nevada, Page 2029 (Chapter 775, AB 432)κ

 

      4.  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 and $100 in exemplary damages for each day that the tenant is deprived of utility service.

      5.  Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park a guest may be required to register upon entering and leaving.

      Sec. 3.  The landlord or his agent or employee shall not:

      1.  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.

      2.  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.

      3.  Require that he be an agent of an owner of a mobile home who desires to sell the mobile home.

      4.  Unless subleasing of lots is prohibited by a written lease or a general 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. 4.  The landlord or his agent or employee may:

      1.  Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.

      2.  By prior written agreement, maintain the tenant’s lot and charge the tenant a service fee for such maintenance.

      3.  Require that the mobile home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant is not making good faith and diligent efforts to sell it.

      4.  Charge a fee for a guest of a tenant only if the guest stays with the tenant for 30 days or more within any 12-month period.

      Sec. 5.  1.  A landlord may restrict all or part of a mobile home park to adult tenants who are at least 18 years old or to older tenants who are at least 55 years old, but:

      (a) The landlord may not change an existing park to an adult park or park for older persons unless the tenants who do not meet those restrictions are given the option of remaining in the park or moving to parks within 10 miles at the expense of the landlord.

      (b) The landlord may not change an existing park to a park in which certain areas are restricted to adults or older persons unless the tenants who do not meet the restrictions are given the option of remaining in their spaces or moving to unrestricted areas of the park or to parks within 10 miles at the expense of the landlord.

      (c) The landlord may not change the restriction of a park or an area of a park which is restricted to adults or older persons unless the tenants who meet the restriction are given the option of remaining in their spaces or moving to parks within 10 miles at the expense of the landlord.

 


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κ1981 Statutes of Nevada, Page 2030 (Chapter 775, AB 432)κ

 

      2.  A tenant who elects to move pursuant to a provision of subsection 1 must give the landlord notice in writing of his election to move within 75 days after receiving notice of the change in restrictions in the park. He is entitled to receive the cost of taking down, moving and setting up his mobile home in the new lot or park.

      3.  A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:

      (a) Tenant of the park who does not meet the new restrictions.

      (b) Prospective tenant before the commencement of the tenancy.

      Sec. 5.5.  If any provision of NRS 118.230 to NRS 118.340, inclusive, and sections 2 to 6, inclusive, of this act requires that notice be given but does not specify the manner in which it must be given, notice must be given either by personal service or by first class mail.

      Sec. 6.  A landlord may convert an existing mobile home park into individual mobile home lots for sale to mobile home owners or to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

      1.  The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      2.  The landlord offers to sell the lot to the tenant at the same price the lot is offered to the public;

      3.  The landlord pays the cost of moving the tenant’s mobile home to a new location no more than 10 miles distant, including the cost of taking down, moving and setting up his mobile home in the new lot or park; and

      4.  After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 90 days after the date of the notice, before he is required to move his mobile home from the lot.

      Sec. 7.  NRS 118.230 is hereby amended to read as follows:

      118.230  As used in NRS 118.230 to 118.340, inclusive [:] , and sections 2 to 6, inclusive, of this act:

      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 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 3 months for recreational vehicles.

 


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κ1981 Statutes of Nevada, Page 2031 (Chapter 775, AB 432)κ

 

land where more than half of the lots are rented overnight or for less than 3 months for recreational vehicles.

      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. 8.  NRS 118.235 is hereby amended to read as follows:

      118.235  The provisions of NRS 118.230 to 118.340, inclusive, and sections 2 to 6, inclusive, of this act, do not apply to 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. §§ 1437 et seq.).

      Sec. 9.  NRS 118.241 is hereby amended to read as follows:

      118.241  1.  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 tenant is entitled to receive a copy of the contract or lease upon signing it.

      2.  The written rental contract or lease must contain but is not limited to provisions relating to the following subjects:

      [1.](a) Duration of the agreement.

      [2.](b) Amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.

      [3.](c) Restrictions on and charges for occupancy by children or pets.

      [4.](d) Services and utilities included with the lot rental and the responsibility of maintaining or paying for the services and utilities.

      [5.](e) Fees which may be required and the purposes for which they are required.

      [6.](f) Deposits which may be required and the conditions for their refund.

      [7.](g) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.

      [8.](h) The name and address of the owner of the mobile home park [or] and his authorized agent.

      [9.](i) Any restrictions on subletting.

      [10.](j) The number of and charges for persons who are to occupy a mobile home or recreational vehicle on the lot [.] and their ages.

      [11.](k) Any recreational facilities and other amenities provided to the tenant [.] and any deposits or fees required for their use.

      (l) Any restriction of all or part of the park to adults or older persons.

      Sec. 10.  NRS 118.245 is hereby amended to read as follows:

      118.245  The landlord shall provide each tenant with: [the]

      1.  The text of the provisions of NRS 118.230 to 118.340, inclusive, [in] and sections 2 to 6, inclusive, of this act, with the rental agreement and in a notice posted in a conspicuous place in the park’s community or recreation facility or other common area.

      2.  An amended text of the provisions of NRS 118.230 to 118.340, inclusive, and sections 2 to 6, inclusive, of this act, and correct the posted copy each time new provisions are added or existing provisions are subsequently amended or repealed, within 90 days after the amendments become effective.

 


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

κ1981 Statutes of Nevada, Page 2032 (Chapter 775, AB 432)κ

 

copy each time new provisions are added or existing provisions are subsequently amended or repealed, within 90 days after the amendments become effective.

      Sec. 11.  NRS 118.260 is hereby amended to read as follows:

      118.260  1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of tenants generally.

      2.  All such rules and regulations must be:

      (a) Reasonably related to the purpose for which they are adopted;

      (b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of which he must do or not do for compliance;

      (c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;

      (d) Consistent with a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord [;] unless the landlord can show that it is in the best interest of the other tenants; and

      (e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.

      3.  No rule or regulation may be used to impose any additional charge for occupancy of a mobile home lot [.] or modify the terms of a lease or rental agreement.

      4.  Except as provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. A notice in a periodic publication of the park does not meet the requirement for notice under this subsection.

      5.  A rule or regulation pertaining to recreational facilities in the mobile home park must be in writing to be enforceable. Such rules and regulations may be amended and enforced by the landlord without the tenant’s consent if the tenant is given 10 days’ written notice of the amendment.

      6.  The landlord may adopt any rules or regulations which are not inconsistent with the provisions of this chapter.

      Sec. 12.  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.

 


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

κ1981 Statutes of Nevada, Page 2033 (Chapter 775, AB 432)κ

 

      (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.] 3 of section 2 of this act.

      (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.]

      4.  Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy.

 


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

κ1981 Statutes of Nevada, Page 2034 (Chapter 775, AB 432)κ

 

or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.

      5.  Any fee for a late monthly rental payment within 4 days of the date the rental payment is due or which exceeds $1 for each day which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public service commission of Nevada.

      Sec. 13.  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, if the mobile home will remain in the park. The landlord shall not unreasonably withhold his consent.

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

      (a) Deemed] 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.]

      3.  If the landlord requires approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the parties to the sale must first confer with the manager.

      Sec. 14.  NRS 118.291 is hereby amended to read as follows:

      118.291  1.  [Except as provided in subsection 4, an] An oral or written agreement between a landlord and tenant for a mobile home lot in a mobile home park in this state must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:

      (a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection [6] 7 of NRS 118.295.

      (b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.

      (c) Ninety days in advance if the termination is because of a change in the use of the land by the landlord pursuant to section 6 of this act.

      (d) Forty-five days in advance if the termination is for any other reason.

      2.  The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118.295 and reference alone to a provision of that section does not constitute sufficient specificity under this subsection.

      3.  If a tenant remains in possession of the mobile home lot with the landlord’s consent after expiration of the term of the rental agreement, the tenancy is from week-to-week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month-to-month. The tenant’s continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.

 


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

κ1981 Statutes of Nevada, Page 2035 (Chapter 775, AB 432)κ

 

were contained in the rental agreement unless specifically agreed otherwise in writing.

      4.  The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.

      Sec. 15.  NRS 118.295 is hereby amended to read as follows:

      118.295  [The] Notwithstanding the expiration of a period of a tenancy, 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;

      2.  Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes 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 written 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 to a use other than a mobile home park if the landlord notifies the tenant in writing at least 6 months before the termination or pays the cost of moving the tenant’s mobile home to a new location no more than 10 miles distant; [or]

      6.  A change in the use of the land by the landlord pursuant to section 6 of this act; or

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

      Sec. 16.  NRS 118.300 is hereby amended to read as follows:

      118.300  The landlord shall not terminate a tenancy, refuse to renew a tenancy, willfully harass a tenant, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a mobile home lot as retaliation upon the tenant because:

      1.  He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a mobile home park to the governmental agency responsible for enforcing the code or regulation.

      2.  He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118.241 to 118.310, inclusive, and NRS 118.330.

      3.  He has organized or become a member of a tenants’ league or similar organization.

      4.  He has requested the reduction in rent required by NRS 118.165 as a result of a reduction in property taxes.

      5.  A citation has been issued to the landlord as the result of a complaint of the tenant.

      [5.]6.  In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

 


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

κ1981 Statutes of Nevada, Page 2036 (Chapter 775, AB 432)κ

 

      Sec. 17.  NRS 118.310 is hereby amended to read as follows:

      118.310  1.  If a mobile home 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] may be, at the tenant’s option, proportionately abated, and refunded or credited against the following month’s rent. The tenant need not abandon the mobile home as a prerequisite to seeking relief under this subsection.

      2.  As an alternative to such abatement of rent, the tenant may procure reasonable substitute housing for occupancy while his mobile home 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.

      3.  A mobile home shall be deemed unfit for occupancy if essential services such as fuel, water, electricity or sewer service are not being adequately provided to the mobile home.

      Sec. 18.  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 or agents of owners of mobile home parks, tenants of mobile home parks and members representing the general public [.] who are not directly associated with the manufacturing, selling or leasing of mobile homes.

      (a) The members of the board must be selected from lists supplied by representative associations of landlords and tenants where possible.

      (b) The board shall elect a chairman from among the members who represent the general public.

      3.  The board shall:

      (a) [Attempt] Hold hearings to attempt to adjust grievances between the landlords and tenants by means of mediation or negotiation.

      [(b)]If the board finds that it cannot settle a dispute or one of the parties does not attend the hearing, the board shall recommend any action which it deems necessary for an equitable solution to the dispute to the appropriate enforcement agency.

      (b) Notify both parties to a dispute before each hearing is held, but the attendance of both parties at the hearing is not required for the board to make recommendations.

      (c) Operate in accordance with any applicable regulations adopted by the manufactured housing division of the department of commerce or the governing body of the city or county.

      4.  The board may:

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

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

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

      5.  A report of the recommendations of the board is admissible in court in any subsequent proceeding between the parties arising out of the dispute.

 


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

κ1981 Statutes of Nevada, Page 2037 (Chapter 775, AB 432)κ

 

dispute. Any recommendation in favor of one party creates a rebuttable presumption that the court should enforce it, if it has legal grounds to do so.

      Sec. 19.  NRS 118.340 is hereby amended to read as follows:

      118.340  1.  Except as otherwise provided in subsection 2, any landlord who violates any of the provisions of NRS 118.241 to 118.310, inclusive, and sections 2 to 6, inclusive, of this act, is guilty of a misdemeanor.

      2.  Any landlord who violates [paragraph (a) of] subsection [1] 2 of NRS 118.270:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third or subsequent offense, 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. 20.  NRS 40.215 is hereby amended to read as follows:

      40.215  As used in NRS 40.220 to 40.420, inclusive, unless the context requires otherwise:

      1.  “Mobile home” means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a dwelling or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.

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

      3.  “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” or “park” does not include [an area or tract of land where more than half of] those areas or tracts of land, whether within or outside of a park, where the lots are [rented overnight or for less than 1 month.] held out for rent on a nightly basis.

      4.  “Premises” includes a mobile home.

      Sec. 21.  Sections 7, 9, 12, 18 and 19 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 776, SB 198

Senate Bill No. 198–Senators McCorkle, Lamb and Gibson

CHAPTER 776

AN ACT relating to the department of human resources; creating a process for competitive bidding to provide services proposed by the department of human resources; 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.  As used in sections 1 to 4, inclusive, of this act, unless the context otherwise requires:

 


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

κ1981 Statutes of Nevada, Page 2038 (Chapter 776, SB 198)κ

 

      1.  “Chief” means the chief of the budget division of the department of administration.

      2.  “Department” means the department of human resources.

      3.  “New service” means a program which has not previously been offered, for which a system or method of work must be developed.

      Sec. 2.  1.  In addition to the requirements of NRS 353.220, 353.222, 353.224 and 353.225, the department may not add a new service without first submitting a plan for a process of competitive bidding to the chief. The plan must provide an opportunity for private enterprises, whether or not organized for profit, to submit a proposal showing an alternative method to provide the new service. To be eligible, the enterprise must have been established in this state before June 1, 1981, must be qualified to provide the service contemplated, and must have demonstrated by actual performance that it can comply with applicable state or federal statutes or regulations.

      2.  A proposal submitted must show that the private enterprise can provide the new service in a manner which is more practical or efficient or less costly in proportion to its result than the department’s. A proposal must also show that allowing a private enterprise to provide the service would not be contrary to state policy and legislative intent.

      Sec. 3.  The department shall provide the chief and the interim finance committee with its reasons for:

      1.  The selection of a particular bidder; or

      2.  Not submitting the proposed service for a bid.

      Sec. 4.  The department shall submit a report on a semiannual basis to the chief which contains:

      1.  The progress report submitted by each private enterprise selected to furnish a service, omitting any information made confidential by statute or federal regulation;

      2.  Recommendations regarding the continued use of private enterprise to provide services; and

      3.  Problems which arose because the service was provided by a private enterprise.

      Sec. 5.  This act shall expire by limitation on July 1, 1983.

 

________

 

 

CHAPTER 777, SB 619

Senate Bill No. 619–Committee on Finance

CHAPTER 777

AN ACT relating to state financial administration; requiring the approval of the interim finance committee of reallocations of money received under federal block grants; 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 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:

 


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

κ1981 Statutes of Nevada, Page 2039 (Chapter 777, SB 619)κ

 

      Whenever federal funding in the form of a categorical grant of a specific program administered by a state agency, commission or department is terminated and incorporated into a block grant from the Federal Government to the State of Nevada, the state agency, commission or department must obtain the approval of the interim finance committee in order to allocate the money received from any block grant.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 778, AB 153

Assembly Bill No. 153–Committee on Ways and Means

CHAPTER 778

AN ACT relating to the interim finance committee; changing the procedure for considering certain matters; authorizing the components of the committee to meet separately during a legislative session; authorizing the members of the committee to call a meeting under certain circumstances; 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 353.220 is hereby amended to read as follows:

      353.220  1.  The head of any department, institution or agency of the executive department of the state government, whenever he deems it necessary by reason of changed conditions, may request the revision of the work program of his department, institution or agency at any time during the fiscal year, and submit the revised program to the governor through the chief with a request for revision of the allotments for the remainder of that fiscal year.

      2.  Every request for revision must be submitted to the chief on the form and with supporting information as the chief prescribes.

      3.  Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the governor or the chief, if the governor has by written instrument delegated this authority to the chief.

      4.  Whenever a request for the revision of a work program of a department, institution or agency would, when considered with all other changes in allotments for that work program made pursuant to NRS 353.215 and subsections 1, 2 and 3 of this section, increase or decrease by 10 percent of $25,000, whichever is less, the expenditure level approved by the legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.

      5.  If a request for the revision of a work program requires additional approval as provided in subsection 4 and:

      (a) Is necessary for the protection of life or property, the governor shall take reasonable and proper action to approve 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.

 


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

κ1981 Statutes of Nevada, Page 2040 (Chapter 778, AB 153)κ

 

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 approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.

      (b) The governor determines that the revision is necessary and requires expeditious action, he may certify that the request requires expeditious action by the interim finance committee. Whenever the governor so certifies, the interim finance committee has 15 days after the request is submitted to its secretary within which to [approve or deny] consider the revision. Any request for revision which is not [denied] considered within the 15-day period [is] shall be deemed approved.

      (c) Does not qualify under paragraph (a) or (b), it must be submitted to the interim finance committee. The interim finance committee has 45 days after the request is submitted to its secretary within which to [approve or deny] consider the revision. Any request which is not [denied] considered within the 45-day period [is] shall be deemed approved.

      6.  The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the interim finance committee.

      7.  In acting upon a proposed revision of a work program, the interim finance committee shall consider, among other things:

      (a) The need for the proposed revision; and

      (b) The intent of the legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.

      Sec. 2.  NRS 353.224 is hereby amended to read as follows:

      353.224  1.  Except as provided in subsection [4,] 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 [approve or deny] consider it. Any proposed change of a position from one occupational class or subclass to another which is not [denied] considered within the 45-day period [is] 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.

 


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

κ1981 Statutes of Nevada, Page 2041 (Chapter 778, AB 153)κ

 

      [4.]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 until July 1, 1983.

      Sec. 3.  NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as provided in subsections [3 and 4,] 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 [denied] considered within the 15-day period [is] 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 [approve or deny] consider the acceptance. Any proposed acceptance which is not [denied] considered within the 45-day period [is] 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.

      [4.]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.

 


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

κ1981 Statutes of Nevada, Page 2042 (Chapter 778, AB 153)κ

 

the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

      [5.]6.  This section does not apply to the Nevada industrial commission or the University of Nevada System.

      Sec. 4.  NRS 218.6822 is hereby amended to read as follows:

      218.6822  1.  There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.

      2.  If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.

      3.  The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.

      4.  [The] During a regular session the interim finance committee may [exercise its powers at all times for the purpose of performing] also perform the duties imposed on it by NRS 353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.

      5.  The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.

      6.  A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.

      7.  In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.

      [7.]8.  Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided by law.

 


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

κ1981 Statutes of Nevada, Page 2043 (Chapter 778, AB 153)κ

 

entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided by law. All such compensation must be paid from the contingency fund in the state treasury.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 779, SB 381

Senate Bill No. 381–Senators Wilson, Gibson and Glaser

CHAPTER 779

AN ACT relating to the “MX” missile system; directing the governor to accept money granted to this state to ameliorate the effects of the “MX” missile system; creating a fund for that money; creating a state “MX” missile board to review requests for such money and to allocate to state and local governmental agencies money deposited in that fund; and providing other matters properly relating thereto.

 

[Approved June 15, 1981]

 

      Whereas, The construction and operation of the “MX” missile system in Nevada will have an adverse financial effect upon the state and its local governments because of the increase in demand for public services and facilities, and the increase in the cost of providing those services and operating and maintaining those facilities; now therefore,

 

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

 

      Section 1.  1.  The governor shall accept money granted to this state by the Federal Government for the purpose of ameliorating the adverse financial effects which the construction and operation of the “MX” missile system in Nevada will have upon the state and its local governments.

      2.  The governor shall deposit any money received pursuant to subsection 1 in the state treasury for credit to the special revenue fund for the amelioration of the effects of the “MX” missile system, which is hereby created. The governor or his designee shall administer the fund and shall approve immediately the payment of any grant made to a specific state or local governmental agency.

      3.  The money in the fund must be allocated by the state “MX” missile board to pay for the costs of state and local governmental agencies in providing increases in services and the construction or expansion of facilities, including financial assistance to pay for the initial costs of operating and maintaining them, which result from the construction and operation of the “MX” missile system in this state.

      4.  Money paid to a local governmental agency from the fund is exempted from any limit on its expenditure imposed by law.

      Sec. 2.  1.  There is hereby created the state “MX” missile board consisting of 12 members.

 


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

κ1981 Statutes of Nevada, Page 2044 (Chapter 779, SB 381)κ

 

      2.  The governor shall appoint 11 members of the board, who must have the following qualifications:

      (a) Three members must represent the governments of counties which are financially affected by the “MX” missile system, and must be appointed from three of six such counties specified on a list submitted by the Nevada Association of Counties;

      (b) Three members must represent the governments of cities which are financially affected by the “MX” missile system, and must be appointed from three of six such cities specified on a list submitted by the Nevada League of Cities;

      (c) Two members must represent school districts affected by the “MX” missile system, one each from a rural and an urban school district, and must be appointed from a list of two such rural and two such urban school districts specified on a list submitted by the Nevada State School Board Association; and

      (d) Three members must represent state agencies involved in or affected by the construction or operation of the “MX” missile system in this state.

In appointing members to the board the governor shall use his best efforts to select persons from as many different communities and geographical areas affected by the “MX” missile system as is possible.

      3.  The Secretary of Defense may appoint three persons who are employed by the United States Department of Defense or are members of the Armed Forces to be members of the board, one of whom is a voting member and two of whom are nonvoting members.

      4.  The members of the board shall serve 2-year terms and are eligible for reappointment.

      5.  The governor shall appoint one of the members of the board as chairman.

      6.  Each state or local governmental agency which is represented on the board shall appoint one or more alternate members.

      7.  The board may receive federal or state money for the purposes of hiring employees and paying its administrative costs, including costs for travel, office space and equipment. The board shall hire as few employees as possible, and to the maximum extent possible shall rely on the resources of local governments and state agencies.

      Sec. 3.  1.  The state “MX” missile board shall review all requests for money to ameliorate the effects of the “MX” missile system made by a state or local governmental agency. Such a request must specify the services and facilities on which the money will be expended, provide an estimate of the costs involved for each service or facility, including costs of operation and maintenance if applicable, and indicate the proposed location for any new facility. Any payments made from the fund must be made upon the approval of the state “MX” missile board.

      2.  Before submitting a request for money to the state “MX” missile board, a local governmental agency must comply with the provisions of NRS 278.240 to ensure that the request is consistent with the local master plan, including all locally adopted “MX” planning documents.

      3.  Before submitting a request for money to the state “MX” missile board, a state agency must submit the request to the interim finance committee for approval or disapproval.

 


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

κ1981 Statutes of Nevada, Page 2045 (Chapter 779, SB 381)κ

 

board, a state agency must submit the request to the interim finance committee for approval or disapproval. Unless the request is approved by the interim finance committee, the state agency shall not submit it to the state “MX” missile board.

      4.  The state “MX” missile board may:

      (a) Establish criteria for determining the priority of requests for money;

      (b) Prepare and include in a request such additional information as it determines to be necessary before transmitting the request to the Federal Government; and

      (c) Require a state or local governmental agency to furnish additional information concerning a request.

      Sec. 4.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

      (h) The welfare division of the department of human resources.

      (i) The state board of examiners acting pursuant to chapter 217 of NRS.

      (j) The state “MX” missile board.

      2.  The department of education is subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.

      3.  The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.

      4.  The special provisions of:

      (a) NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;

      (b) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;

      (c) Chapters 616 and 617 of NRS for the determination of contested claims; and

      (d) Chapters 704 and 706 of NRS for the judicial review of decisions of the public service commission of Nevada,

prevail over the general provisions of this chapter.

      5.  The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.

 


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

κ1981 Statutes of Nevada, Page 2046 (Chapter 779, SB 381)κ

 

      Sec. 4.5.  Section 50 of Senate Bill No. 661 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 50.  NRS 233B.039 is hereby amended to read as follows:

       233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter.

       (a) The governor.

       (b) The department of prisons.

       (c) The University of Nevada System.

       (d) The department of the military.

       (e) The state gaming control board.

       (f) The Nevada gaming commission.

       (g) The state board of parole commissioners.

       (h) The welfare division of the department of human resources.

       (i) The state board of examiners acting pursuant to chapter 217 of NRS.

       (j) The state “MX” missile board.

       2.  The department of education is subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.

       3.  The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.

       4.  The special provisions of:

       (a) NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;

       (b) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;

       (c) Chapters 616 and 617 of NRS for the determination of contested claims; and

       (d) Chapters 704 and 706 of NRS for the judicial review of decisions of the public service commission of Nevada,

prevail over the general provisions of this chapter.

       5.  The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.

 

      Sec. 5.  NRS 353.210 is hereby amended to read as follows:

      353.210  1.  Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

 


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κ1981 Statutes of Nevada, Page 2047 (Chapter 779, SB 381)κ

 

together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

      2.  The expenditure estimates must be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state funds or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

      3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system, the Nevada industrial commission, the state “MX” missile board with respect to money allocated for use by the state or any of its agencies, and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      Sec. 6.  NRS 353.246 is hereby amended to read as follows:

      353.246  Except as provided in subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system, the state “MX” missile board and the judicial department of the state government. They shall submit their budgets to the legislature in such form as shall be prescribed by the legislative commission.

      Sec. 7.  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.

 


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

κ1981 Statutes of Nevada, Page 2048 (Chapter 779, SB 381)κ

 

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 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 state “MX” missile board.

      Sec. 8.  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 include 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.

 


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

κ1981 Statutes of Nevada, Page 2049 (Chapter 779, SB 381)κ

 

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 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:

       (a) The Nevada industrial commission;

       (b) The University of Nevada System; [or]

       (c) The state “MX” missile board [.] ; or

       (d) 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.  This act shall become effective upon passage and approval.

 

________

 

 


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

κ1981 Statutes of Nevada, Page 2050κ

 

CHAPTER 780, AB 561

Assembly Bill No. 561–Assemblymen Hayes, Westall, Foley, Ham, Cafferata and Sader

CHAPTER 780

AN ACT relating to tear gas bombs and weapons; permitting the sale, possession and use of certain small weapons for self-defense which contain “CS” tear gas; requiring sellers to record certain information concerning those sales; prohibiting convicted persons from possessing devices which use tear gas; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 16, 1981]

 

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

 

      Section 1.  NRS 193.165 is hereby amended to read as follows:

      193.165  1.  Any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by section 2 of this act, in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for such crime. The sentence prescribed by this section shall run consecutively with the sentence prescribed by statute for such crime.

      2.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  The provisions of subsections 1 and 2 do not apply where the use of a firearm, [or] other deadly weapon or tear gas is a necessary element of such crime.

      4.  The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, [or] other deadly weapon or tear gas in the commission of any of the following crimes:

      (a) Murder;

      (b) Kidnaping in the first degree;

      (c) Sexual assault; or

      (d) Robbery.

      Sec. 2.  Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The provisions of NRS 202.370 to 202.440, inclusive, do not apply to the sale or purchase by any adult, or the possession or use by any person, including a minor but not including a convicted person as defined in NRS 207.080, of any form of:

      (a) Cartridge which contains not more than 2 fluid ounces in volume of “CS” tear gas that may be propelled by air or another gas, but not an explosive, in the form of an aerosol spray; or

      (b) Weapon designed for the use of such a cartridge which does not exceed that size,

and which is designed and intended for use as an instrument of self-defense.

      2.  A seller, before delivering to a purchaser a cartridge or weapon which may be sold pursuant to subsection 1, must record and maintain for not less than 2 years the name and address of the purchaser and the brand name, model number or type, and serial number if there is one, of the weapon or cartridge, or both.

 


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

κ1981 Statutes of Nevada, Page 2051 (Chapter 780, AB 561)κ

 

for not less than 2 years the name and address of the purchaser and the brand name, model number or type, and serial number if there is one, of the weapon or cartridge, or both.

      3.  The provisions of NRS 202.370 to 202.440, inclusive, do not prohibit police departments or regular salaried peace officers thereof, sheriffs and their regular salaried deputies, the director, deputy director and superintendents of, and guards employed by, the department of prisons, personnel of the Nevada highway patrol or the military or naval forces of this state or of the United States from purchasing, possessing or transporting any shells, cartridges, bombs or weapons for official use in the discharge of their duties.

      4.  As used in this section, “CS” tear gas means a crystalline powder containing ortho-chlorobenzalmalononitrile.

      Sec. 3.  NRS 202.370 is hereby amended to read as follows:

      202.370  As used in NRS 202.370 to 202.440, inclusive [:] , and section 2 of this act:

      1.  “Shell,” “cartridge” or “bomb” [shall be construed to apply to and include] includes all shells, cartridges or bombs capable of being discharged or exploded, when such discharge or explosions will cause or permit the release or emission of tear gas.

      2.  “Tear gas” [shall be construed to apply to and include] includes all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air. [“Tear gas”] The term does not include a liquid, gaseous or solid substance whose active ingredient is composed of natural substances or products derived from natural substances which cause no permanent injury through being vaporized or otherwise dispersed in the air.

      3.  “Weapon designed for the use of such shell, cartridge or bomb” [shall be construed to apply to and include] includes all revolvers, pistols, fountain pen guns, billies, riot guns or other form of device, portable or fixed, intended for the projection or release of tear gas except those regularly manufactured and sold for use with firearm ammunition.

      Sec. 4.  NRS 202.380 is hereby amended to read as follows:

      202.380  1.  Every person, [firm or corporation] other than a convicted person, who within [the State of Nevada] this state knowingly sells or offers for sale, possesses or transports any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the provisions of NRS 202.370 to 202.440, inclusive, is guilty of a gross misdemeanor.

      2.  [Nothing in NRS 202.370 to 202.440, inclusive, shall prohibit police departments or regular salaried peace officers thereof, sheriffs and their regular salaried deputies, the director, deputy director and superintendents of, and guards employed by, the department of prisons, personnel of the Nevada highway patrol or the military or naval forces of this state or of the United States from purchasing, possessing or transporting such shells, cartridges, bombs or weapons for official use in the discharge of their duties.] Any convicted person who owns or has in his possession or under his custody or control any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such a shell, cartridge or bomb, is guilty of a felony.

 


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κ1981 Statutes of Nevada, Page 2052 (Chapter 780, AB 561)κ

 

or under his custody or control any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such a shell, cartridge or bomb, is guilty of a felony.

      3.  As used in this section, the term “convicted person” has the meaning ascribed to it in NRS 207.080.

 

________

 

 

CHAPTER 781, AB 179

Assembly Bill No. 179–Committee on Transportation

CHAPTER 781

AN ACT relating to taxicabs; changing the basis of the jurisdiction of the taxicab authority; providing that counties for whom regulation by the taxicab authority is not required may choose to come within the jurisdiction of that authority; making various changes to laws which regulate operators of taxicabs; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 16, 1981]

 

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

 

      Section 1.  NRS 706.881 is hereby amended to read as follows:

      706.881  1.  NRS 706.8811 to 706.885, inclusive, apply to any county [whose] :

      (a) Whose population is [250,000] 400,000 or more [.] ; or

      (b) For whom regulation by the taxicab authority is not required if its board of county commissioners has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within that county.

      [2.]3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.

      Sec. 2.  NRS 706.8813 is hereby amended to read as follows:

      706.8813  “Certificate holder” means a person who holds a current certificate of public convenience and necessity which was issued for the operation of a taxicab business [within the county] by:

      1.  The public service commission of Nevada prior to [July 1, 1969,] July 1, 1981, and which has not been transferred, revoked or suspended by the taxicab authority, the public service commission of Nevada or by operation of law; or

      2.  The taxicab authority and which has not been transferred, revoked or suspended by the taxicab authority or by operation of law.

      Sec. 3.  NRS 706.8818 is hereby amended to read as follows:

      706.8818  1.  A taxicab authority, consisting of five members appointed by the governor, is hereby created. No member may serve for more than 6 years.

 


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

κ1981 Statutes of Nevada, Page 2053 (Chapter 781, AB 179)κ

 

more than 6 years. No more than three members may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.

      2.  Each member of the taxicab authority is entitled to receive as compensation $40 for each day actually employed on work of the authority, and reimbursement for necessary travel and per diem expenses in the manner provided by law.

      3.  The taxicab authority shall maintain its principal office in the county or area of the state where it performs most of its regulatory activity.

      4.  The taxicab authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive, apply. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

      [4.]5.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the public service commission of Nevada remains effective in a county to which those sections apply until modified or rescinded by the taxicab authority, and shall be enforced by the taxicab authority.

      Sec. 4.  NRS 706.8824 is hereby amended to read as follows:

      706.8824  1.  Whenever circumstances require establishment of a system of allocations or a change in [the allocations existing on July 1, 1969, or afterward established,] existing allocations, the taxicab authority shall allocate the number of taxicabs among the certificate holders in any county to which NRS 706.881 to 706.885, inclusive, apply.

      2.  In determining the allocation of taxicabs as set forth in subsection 1, the taxicab authority shall consider:

      (a) The needs of residents of the area served by the certificate holders;

      (b) The needs of the tourists of the area served by the certificate holders;

      (c) The interests, welfare, convenience, necessity and well-being of the public at large in the area served by the certificate holders; and

      (d) Any other factors which the administrator considers necessary and proper for determining the allocation.

      Sec. 5.  NRS 706.8825 is hereby amended to read as follows:

      706.8825  1.  All fees collected pursuant to NRS 706.881 to 706.885, inclusive, [shall] must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions [of] for each county [taxicab authority] subject to those sections [shall] must be accounted for separately within the fund.

 


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

κ1981 Statutes of Nevada, Page 2054 (Chapter 781, AB 179)κ

 

      2.  The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.

      3.  The fees received pursuant to subsection 3 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.

      4.  Any balance remaining in the fund [shall] does not revert to the state general fund, but any balance over $100,000 remaining in the fund [shall] which is attributable to a county must be used to refund certificate holders of the county a pro rata portion of the $100 paid pursuant to NRS 706.8826, not to exceed $95.

      5.  The administrator may establish a petty cash account not to exceed $100 for the support of undercover investigation and if the account is created the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.

      Sec. 6.  NRS 706.8827 is hereby amended to read as follows:

      706.8827  1.  A person shall not engage in the taxicab business unless he:

      (a) Holds a certificate of public convenience and necessity from the public service commission of Nevada issued [prior to July 1, 1969,] before July 1, 1981, which has not been transferred, revoked or suspended by the taxicab authority; or

      (b) Currently holds a certificate of public convenience and necessity from the taxicab authority as provided in this section.

      2.  Upon the filing of an application for a certificate of public convenience and necessity, the taxicab authority shall fix a time and place for a hearing thereon and shall proceed according to the provisions of the laws of this state made applicable thereto.

      3.  The applicant must submit an application fee of $200, which must not be refunded, with his application. The applicant must also pay those amounts which are billed to him by the authority for reasonable costs incurred by it in conducting an investigation of the applicant.

      4.  The taxicab authority may attach to the exercise of the rights granted by [such] the certificate any terms and conditions [as] which in its judgment the public interest may require.

      5.  The taxicab authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.

      6.  Any person who has been denied a certificate of public convenience and necessity after hearing may not file a similar application with the taxicab authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 130 days from the date the certificate was denied.

      Sec. 7.  NRS 706.8829 is hereby amended to read as follows:

 


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κ1981 Statutes of Nevada, Page 2055 (Chapter 781, AB 179)κ

 

      706.8829  1.  A certificate holder shall maintain a uniform system of accounts in which all business transacted by the certificate holder is recorded. The accounts [shall be:

      (a) In] must be:

      (a) Kept in a form prescribed by the taxicab authority;

      (b) Prior to [April 15] May 15 of each year, submitted to the taxicab authority in an annual report in the form and detail prescribed by the taxicab authority;

      (c) Retained for a period of 3 years after their receipt back from the taxicab authority; and

      (d) Supplemented with such additional information as the taxicab authority may require.

      2.  The taxicab authority may examine the books, accounts, records, minutes and papers of a certificate holder at any reasonable time to determine their correctness and whether they are maintained in accordance with the [rules and regulations prescribed] regulations adopted by the taxicab authority.

      Sec. 8.  NRS 706.8832 is hereby amended to read as follows:

      706.8832  A certificate holder shall have each taxicab equipped with a two-way mobile radio and shall [have access to, be affiliated with or] maintain central facilities for dispatching taxicabs [radio dispatch facilities] at all times. The facilities:

      1.  May be maintained individually or in cooperation with other certificate holders.

      2.  Must be principally engaged in communication by radio with the taxicabs of the certificate holder or holders.

      Sec. 9.  NRS 706.8833 is hereby amended to read as follows:

      706.8833  1.  The color scheme, insigne and cruising light design of each taxicab shall conform to those approved for the certificate holder by the administrator pursuant to regulations of the taxicab authority.

      2.  The administrator, before he approves the color scheme, insigne or cruising light design of the taxicabs of a certificate holder [,] in any county, shall [insure] ensure that the color scheme, insigne and cruising light design of one certificate holder are readily distinguishable from the color [scheme, insigne] schemes, insignia and cruising light designs of other certificate holders [.] operating in the same county.

      Sec. 10.  NRS 706.8845 is hereby amended to read as follows:

      706.8845  While a driver is on duty, he shall:

      1.  Be appropriately dressed by the standards of the taxicab [industry.] business.

      2.  Be neat and clean in person and appearance.

      3.  Refrain from talking loudly, uttering profanity and from shouting to other drivers.

      4.  Not have in his possession a lighted cigar, cigarette or pipe while a passenger is being carried in his taxicab.

      5.  Not chew tobacco or use snuff while a passenger is being carried in his taxicab.

      6.  Attend his taxicab if it is being held out for hire.

      7.  Not permit his taxicab to remain at a taxicab stand unless it is being held out for hire.

 


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κ1981 Statutes of Nevada, Page 2056 (Chapter 781, AB 179)κ

 

      8.  Discourage passengers from entering or leaving a taxicab from the left side except at the left curb of a one-way street or while the car is parked perpendicularly to a curb.

      9.  Not load or unload passengers or luggage at an intersection or crosswalk or at any place or in any manner that will interfere with the orderly flow of traffic.

      10.  Not carry more than two passengers in the front seat of the taxicab or carry more passengers in the back seat of the taxicab than are authorized by the manufacturer’s recommendations.

      11.  Not leave his taxicab unattended with the key in the ignition lock.

      12.  Operate his taxicab in accordance with all applicable state and local laws and regulations and with due regard for the safety, comfort and convenience of passengers and of the general public.

      Sec. 11.  NRS 706.8849 is hereby amended to read as follows:

      706.8849  1.  A taxicab driver shall:

      (a) Assure that the fare indicator on the taximeter of his taxicab reads zero prior to the time that the taxicab is engaged.

      (b) Assure that the taximeter of his taxicab is engaged and the flag is rotated to the right so that the stem of the flag is horizontal while the taxicab is on hire.

      (c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.

      (d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.

      (e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.

      (f) Not permit any person other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab gives permission for such other person to ride in the taxicab, but if permission is given the fare charged by the driver shall be as follows: When the person who has engaged the taxicab is first to leave the taxicab and pay the fare, the taximeter shall be reset to zero.

      (g) Not drive a taxicab or go on duty while under the influence of any dangerous drug, narcotic or hallucinogenic drugs or intoxicating liquor or drink intoxicating liquor while on duty.

      (h) Not use dangerous drugs, narcotics or hallucinogenic drugs at any time except with a prescription from a physician who is licensed to practice medicine in the State of Nevada.

      (i) Not operate a taxicab with an expired driver’s permit.

      (j) Not operate a taxicab without a driver’s permit issued pursuant to NRS 706.8841 in his possession.

      (k) Obey all provisions and restrictions of his employer’s certificate of public convenience and necessity.

      2.  If a driver violates any provision of subsection 1, the administrator may, after a hearing, impose the following sanctions:

      (a) First offense: 1 to 5 days’ suspension of a driver’s permit or a fine of not more than $100, or both suspension and fine.

 


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κ1981 Statutes of Nevada, Page 2057 (Chapter 781, AB 179)κ

 

      (b) Second offense: 6 to 20 days’ suspension of a driver’s permit or a fine of not more than $300, or both suspension and fine.

      (c) Third offense: [Revocation of a driver’s permit or a] A fine of not more than $500. [, or both revocation and fine.]

In addition to the other penalties set forth in this subsection, the administrator may revoke a driver’s permit for any violation of a provision of paragraph (g) of subsection 1.

      3.  Only violations occurring in the 12 months immediately preceding the most current violation [shall] may be considered for the purposes of subsection 2. The administrator shall inspect the driver’s record for that period to compute the number of offenses committed.

      Sec. 12.  NRS 706.885 is hereby amended to read as follows:

      706.885  1.  Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.

      2.  The taxicab authority or administrator may at any time, for good cause shown, and upon at least 5 days’ notice to the grantee of any certificate, permit or license, and after a hearing [had therefor,] unless waived by the grantee, penalize such grantee to a maximum amount of $500 or suspend or revoke [such] the certificate, permit or license granted by it or him, respectively, for:

      (a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or any [rule or] regulation of the taxicab authority or administrator.

      (b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any [rule or] regulation of the taxicab authority or administrator.

      3.  When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.

      4.  Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor.

      [4.]5.  The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.

 

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κ1981 Statutes of Nevada, Page 2058κ

 

CHAPTER 782, SB 535

Senate Bill No. 535–Committee on Judiciary

CHAPTER 782

AN ACT relating to crimes against property; prohibiting the unauthorized manufacture, distribution, sale or use of any device for the interception or decoding of the television signals of a multipoint distribution system, except a signal from a satellite; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 16, 1981]

 

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

 

      Section 1.  NRS 205.470 is hereby amended to read as follows:

      205.470  1.  Any person who without authority: [leads]

      (a) Leads or attempts to lead from its uses or make use of the electrical signal or any portion thereof from any posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system;

      (b) Attaches any device to a television receiver of any kind for the purpose of intercepting or decoding the transmission of any pay program of a multipoint distribution system in a manner not authorized by the system; or

      (c) Knowingly or willfully and for profit manufactures, distributes or sells any device, kit or plan designed to intercept or decode the transmission of a multipoint distribution system in a manner not authorized by the system,

is guilty of a misdemeanor.

      2.  The provisions of this section do not apply to the interception by a person of any direct transmission of a television signal from a communication satellite if the person does not charge a fee for admission to view the television show.

 

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