[Rev. 4/6/2015 4:09:28 PM]

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ê1983 Statutes of Nevada, Page 961 (Chapter 394, AB 461)ê

 

an administrative fine of not more than $1,000 for each act or violation up to an aggregate penalty of $10,000.

      3.  The commissioner may modify or set aside, in whole or in part, any order issued by him pursuant to this section, but any such action must be made before the expiration of the period for appeal or before the official record in the proceeding has been filed with the court.

      Sec. 8.  1.  An order issued pursuant to section 7 of this act may be reviewed pursuant to NRS 679B.370.

      2.  Such an order becomes final:

      (a) Upon the expiration of the time for taking an appeal, if no petition for review has been filed; or

      (b) Upon the final decision of the court.

      Sec. 9.  If a person violates an order issued pursuant to section 7 of this act, the commissioner may impose an administrative fine after giving notice and a hearing. Such a fine may not be more than $5,000 for each violation.

 

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CHAPTER 395, SB 383

Senate Bill No. 383–Committee on Government Affairs

CHAPTER 395

AN ACT relating to public investments; allowing the pooling of securities to secure deposits of public money; adding to the list of permissible investments; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 355.140 is hereby amended to read as follows:

      355.140  In addition to other investments provided for by a specific statute, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:

      1.  Bonds and certificates of the United States;

      2.  Bonds, notes, debentures and loans where underwritten by or payment is guaranteed by the United States;

      3.  Obligations or certificates of the United States Postal Service , [or] the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whether or not guaranteed by the United States;

      4.  Bonds of this state or other states of the Union;

      5.  Bonds of any county of the State of Nevada or of other states;

      6.  Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

 


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ê1983 Statutes of Nevada, Page 962 (Chapter 395, SB 383)ê

 

      7.  General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within such districts, when the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;

      8.  Bonds of school districts within this state;

      9.  Bonds of any general improvement district having a population of 200,000 or more and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when the property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;

      10.  Short-term financing for counties, cities and school districts authorized under the provisions of chapter 354 of NRS;

      11.  Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;

      12.  Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended [; except] , excluding such money the investment of which is governed by the provisions of the constitution of the State of Nevada, such as money for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and [except] also excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;

      13.  Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations; and

      14.  Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System. Acceptances may not exceed 180 days’ maturity.

      Sec. 2.  NRS 356.020 is hereby amended to read as follows:

      356.020  1.  All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by [:] collateral composed of the following types of securities:

 

 


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ê1983 Statutes of Nevada, Page 963 (Chapter 395, SB 383)ê

 

not within the limits of insurance provided by an instrumentality of the United States must be secured by [:] collateral composed of the following types of securities:

      (a) Obligations of the United States;

      (b) Bonds of this state;

      (c) Bonds of any county, municipality or school district within this state;

      (d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025; or

      (e) Instruments in which the state is permitted by NRS 355.140 to invest.

      2.  Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the state treasurer or with any federal home loan bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.

      3.  The depository bank, credit union or savings and loan association may pledge one or more pools of securities as collateral to secure deposits by one or more governmental entities.

      4.  The [amount, in par] fair market value, of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount of the state treasurer’s deposit with the depository bank, credit union or association . [except that the amount] The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust [must be at least twice the amount of the deposit which is to be secured by that collateral.

      4.] shall be deemed to be one-half of the unpaid principal of the notes. If a depository maintains one or more pools of securities to secure the money deposited by the state treasurer, the total fair market value of the securities comprising the pools must be at least the amount of the deposits by governmental entities which are secured by the pools.

      5.  All securities to be used as such collateral [must be approved in writing by the state treasurer and] are subject to review by the state treasurer and the state board of finance. The depository bank, credit union or savings and loan association shall submit monthly reports to the state treasurer showing the securities which constitute the collateral, the fair market value of the securities and, if the collateral is a pool of securities, the total amount of the deposits which are secured by the pool.

      [5.]6.  The state treasurer or the state board of finance may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to [maintain each deposit.

      6.  The securities, or any part thereof, may be withdrawn on the consent of the state treasurer, but no withdrawal is permitted which will reduce the security below the requirements of this section.] secure the state treasurer’s deposit.

 


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ê1983 Statutes of Nevada, Page 964 (Chapter 395, SB 383)ê

 

      Sec. 3.  NRS 356.125 is hereby amended to read as follows:

      356.125  1.  All money placed in any insured depository banks, or any insured savings and loan associations in time accounts may be deposited with the written consent of the board of county commissioners.

      2.  The time accounts so established are subject to the applicable contract between the depository and the county. The contract may provide that money deposited by the county treasurer in time accounts be secured by [collateral consisting of any of the securities, including first mortgages and first deeds of trust with accompanying notes, which are] the same types of collateral and in the same manner as allowed for securing deposits of the state treasurer under NRS 356.020 and 356.025.

      3.  The provisions of this section do not require any depository to accept county deposits.

      Sec. 4.  NRS 662.035 is hereby amended to read as follows:

      662.035  1.  A bank may maintain separate departments and deposit in its commercial department to the credit of its trust department all uninvested fiduciary funds of cash and secure, under rules and regulations of the superintendent, all such deposits in the name of the trust department, whether in consolidated deposits or for separate fiduciary accounts, by segregating and delivering to the trust department such securities as may be eligible for the security of funds of the State of Nevada under subsection 1 of NRS 356.020. [The amount, in par value, of such deposit of securities by each depository bank shall be at least the amount of the deposit with such depository bank.] Such securities [shall] must be held by the trust department as security for the full payment or repayment of all such deposits and [shall] must be kept separate and apart from other assets of the trust department. Until all such deposits have been accounted for to the trust department or to the individual fiduciary account, no creditor of the bank [shall have] has any claim or right to such [security.] securities.

      2.  When fiduciary funds are deposited by the trust department in the commercial department of the bank, the deposit thereof [shall not be deemed to] does not constitute a use of such funds in the general business of the bank and the bank in such instance [shall not be] is not liable for interest on such funds.

      3.  To the extent and in the amount such deposits may be insured by the Federal Deposit Insurance Corporation, the amount of security required for such deposits [by this section] may be reduced.

      4.  The superintendent may make such rules and regulations as he may deem necessary for the enforcement of the provisions of this section.

 

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ê1983 Statutes of Nevada, Page 965ê

 

CHAPTER 396, SB 177

Senate Bill No. 177–Committee on Commerce and Labor

CHAPTER 396

AN ACT relating to the public service commission; simplifying the procedures for the judicial review of decisions of the commission which concern public utilities or motor carriers; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 703 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  Any party of record to a proceeding before the commission is entitled to judicial review of the final decision.

      2.  Proceedings for review may be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the party resides, or in and for the county where the act on which the proceeding is based occurred. A petition must be filed within 90 days after the service of the final decision of the commission or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition must be served upon the commission and all other parties of record.

      3.  The commission and other defendants shall file their answers to the petition within 30 days after the service thereof, whereupon the action is at issue and they must be ready for a hearing upon 20 days’ notice to either party.

      4.  The review must be conducted by the court without a jury and be confined to the record. In cases of alleged irregularities in procedure before the commission, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

      5.  All actions brought under this section have precedence over any civil action of a different nature pending in the court.

      6.  The court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the commission or set it aside in whole or in part if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the commission;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion.

      Sec. 3.  1.  A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:

 


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ê1983 Statutes of Nevada, Page 966 (Chapter 396, SB 177)ê

 

      (a) The applicant has filed a motion for a preliminary injunction;

      (b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

      (c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

      (d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

      2.  The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.

      3.  If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any public utility pursuant to NRS 704.070 to 704.110, inclusive, or by any motor carrier pursuant to NRS 706.321 to 706.346, inclusive, or which otherwise prevents the schedule or any part thereof from taking effect, the public utility or motor carrier complaining may keep in effect or put into effect, as the case may be, the suspended schedule or any part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.

      Sec. 4.  1.  If a court determines that the rate or rates considered by the commission are excessive, and that the public utility or motor carrier has collected those excessive rates, the public utility or motor carrier shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the commission:

      (a) For public utilities, within 60 days after the entry of the final judgment of the court.

      (b) For motor carriers, within 120 days after the entry of the final judgment of the court.

      2.  The public utility or motor carrier shall prepare and file with the commission a statement and report in affidavit form stating that all money has been refunded according to the approved plan, and if there are persons to whom payment has not or cannot be made, the names, addresses, and individual amounts of the refund must be listed in the report. The statement and report must be filed with the commission:

      (a) By the public utility within 90 days after the entry of final judgment.

      (b) By the motor carrier within 150 days after the entry of final judgment.

The public utility and the motor carrier shall pay the aggregate amount of the unpaid refunds to the commission.

      3.  The commission shall:

 


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ê1983 Statutes of Nevada, Page 967 (Chapter 396, SB 177)ê

 

      (a) Retain the aggregate refunds in the public service commission regulatory fund subject to the claim of each person entitled thereto for his share in the refund; and

      (b) Pay all valid claims which are presented for payment within 2 years after the date of the entry of final judgment of the court.

All claimants must identify themselves to the satisfaction of the commission before payment may be made.

      4.  Any person has a right of action against the commission in the event of a refusal of the commission to pay his claim if the person’s name appears in the report filed by the public utility or motor carrier. This action against the commission must be brought within 6 months after the refusal to pay the claim.

      5.  The commission shall investigate every case in which a claim is presented to it by a person claiming a refund under a plan submitted by a public utility or motor carrier which was approved by the commission. If the investigation results in a refusal by the public utility or motor carrier to pay a valid claim, then the claimant has a right of action against the public utility or motor carrier.

      6.  Any unclaimed money which remains in the custody of the commission at the expiration of the 2-year period escheats to the state.

      Sec. 5.  Either party to the action, within 60 days after the service of a copy of the order or judgment of the district court, may appeal to the supreme court as in other civil cases.

      Sec. 6.  1.  No certificate of public convenience and necessity, permit or license issued in accordance with the terms of NRS 704.010 to 704.810, inclusive, or 706.011 to 706.791, inclusive, is either a franchise or irrevocable.

      2.  The commission may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license but as to a public utility only if the commission has arranged for another public utility only if the commission has arranged for another public utility to provide the service for which the certificate was granted. If service of the notice provided in subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke the certificate, permit or license without a hearing.

      4.  The proceedings thereafter are governed by the provisions of sections 2 to 5, inclusive, of this act.

      Sec. 7.  NRS 703.330 is hereby amended to read as follows:

      703.330  1.  A [full and] complete record must be kept of all hearings before the commission, and all testimony must be taken down by the stenographer appointed by the commission, or, under the direction of any competent person appointed by the commission, reported by sound recording equipment in the manner authorized for reporting testimony in district courts.

 


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ê1983 Statutes of Nevada, Page 968 (Chapter 396, SB 177)ê

 

testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The commission may by regulation provide for the transcription or safekeeping of sound recordings. Cost of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310 must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a [body politic] political subdivision of the state or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the commission may apportion the costs among them in its discretion.

      2.  Whenever any complaint is served upon the commission as provided in [NRS 704.540 or 706.706] section 2 of this act for the bringing of an action against the commission, before the action is reached for trial, the commission shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.

      3.  A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount, to be fixed by the commission, [which] and the amount must be the same for all parties.

      Sec. 8.  NRS 704.130 is hereby amended to read as follows:

      704.130  1.  All rates, fares, charges, classifications and joint rates fixed by the commission [shall be] are in force, and [shall be] are prima facie lawful, from the date of the order until changed or modified by the commission, or [in pursuance of NRS 704.540 to 704.580, inclusive.] pursuant to sections 2 to 5, inclusive, of this act.

      2.  All regulations, practices and service prescribed by the commission [shall] must be enforced and [shall be] are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of [NRS 704.540 to 704.580, inclusive,] sections 2 to 5, inclusive, of this act or until changed or modified by the commission itself upon satisfactory showing made, or by the public utility by filing a bond pursuant to [NRS 704.550.] section 3 of this act.

      Sec. 9.  NRS 704.400 is hereby amended to read as follows:

      704.400  Every order refusing or granting any certificates of public convenience, or granting or refusing permission to discontinue, modify or restrict service, as provided in NRS 704.330 to 704.430, inclusive, [shall be] is prima facie lawful from the date of the order until changed or modified by the order of the commission or [in pursuance of NRS 704.540 to 704.580, inclusive.] pursuant to sections 2 to 5, inclusive, of this act.

      Sec. 10.  NRS 706.321 is hereby amended to read as follows:

      706.321  1.  Every common or contract motor carrier shall file with the commission:

      (a) Within a time to be fixed by the commission, schedules and tariffs which must be open to public inspection, showing all rates, fares and charges which the carrier has established and which are in force at the time for any service performed in connection therewith by any carrier controlled and operated by it.

 


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ê1983 Statutes of Nevada, Page 969 (Chapter 396, SB 177)ê

 

the time for any service performed in connection therewith by any carrier controlled and operated by it.

      (b) [In connection with and as] As a part of that schedule, all [rules and] regulations that in any manner affect the rates or fares charged or to be charged for any service.

      2.  No changes may be made in any schedule, including schedules of joint rates, or in the [rules and] regulations affecting any rates or charges, except upon 30 days’ notice to the commission, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The commission, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the commission 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously file with and approved by the commission.

      3.  The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, [rules,] regulations, practices and services, and, after hearing, by order, make such changes as may be just and reasonable.

      4.  The commission [, in its discretion,] may dispense with the hearing on any change requested in rates, fares, charges, [rules,] regulations, practices or service.

      5.  All rates, fares, charges, classifications and joint rates, [rules,] regulations, practices and services fixed by the commission are in force, and are prima facie lawful, from the date of the order until changed or modified by the commission, or [in pursuance of NRS 706.706 to 706.726, inclusive.] pursuant to sections 2 to 5, inclusive, of this act.

      6.  All regulations, practices and service prescribed by the commission must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of [NRS 706.706 to 706.726, inclusive,] sections 2 to 5, inclusive, of this act, or until changed or modified by the commission itself upon satisfactory showing made.

      Sec. 11.  NRS 706.411 is hereby amended to read as follows:

      706.411  Every order refusing or granting any certificates of public convenience and necessity, or granting or refusing permission to discontinue, modify or restrict service is prima facie lawful from the date of the order until changed or modified by the order of the commission or [in pursuance of NRS 706.706 to 706.726, inclusive.] pursuant to sections 2 to 5, inclusive, of this act.

      Sec. 12.  NRS 711.100 is hereby amended to read as follows:

      711.100  1.  If application is made to the commission within 90 days after July 1, 1967, or within 90 days after the final determination of any action or proceeding brought to contest the constitutionality of chapter 704 of NRS as applied to CATV companies which is pending on July 1, 1967, or which is commenced within 90 days after July 1, 1967, the commission shall issue a certificate of public convenience and necessity to any CATV company lawfully engaged in the construction, extension or operations of its CATV system on April 20, 1967, for the construction, extension or operation then being conducted, without requiring proof that public convenience and necessity will be served by [such] that construction, extension or operation and without further proceedings.

 


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ê1983 Statutes of Nevada, Page 970 (Chapter 396, SB 177)ê

 

construction, extension or operation then being conducted, without requiring proof that public convenience and necessity will be served by [such] that construction, extension or operation and without further proceedings.

      2.  The construction, extension or operation of such a CATV system may be lawfully continued pending the filing of [such] an application and its disposition unless the commission order otherwise.

      3.  An application for such a certificate which is untimely [shall] must be determined in accordance with the procedure [prescribed] in chapter [704] 703 of NRS and [such] the certificate [shall] must be issued or refused accordingly.

      Sec. 13.  NRS 712.080 is hereby amended to read as follows:

      712.080  The provisions of [NRS 706.701 to 706.726, inclusive,] sections 2 to 5, inclusive, of this act, relating to revocation and suspension of certificates, permits and licenses and judicial review thereof, [shall] apply to proceedings to suspend or revoke any permit issued under this chapter.

      Sec. 14.  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.

      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] Chapter 703 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.

 


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ê1983 Statutes of Nevada, Page 971 (Chapter 396, SB 177)ê

 

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. 15.  NRS 704.540, 704.550, 704.560, 704.570, 704.580, 704.643, 706.701, 706.706, 706.711, 706.716, 706.721 and 706.726 are hereby repealed.

 

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CHAPTER 397, SB 298

Senate Bill No. 298–Senators Robinson and Townsend

CHAPTER 397

AN ACT relating to housing; permitting the acquisition of mobile home parks by rural housing authorities; authorizing the housing division of the department of commerce to provide mortgages for mobile home parks and manufactured homes; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 315.969 is hereby amended to read as follows:

      315.969  1.  “Housing project” means any work or undertaking:

      (a) To demolish, clear or remove buildings from any area acquired by the authority; or

      (b) To provide decent, safe and sanitary rural dwellings, apartments or other living accommodations for persons of low income. Such work or undertaking any include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or

      (c) To accomplish a combination of the foregoing.

      2.  “Housing project” also may be applied to the planning of the buildings and improvements, the acquisition or leasing of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

      3.  The term includes the acquisition or development of mobile home parks and facilities, the leasing or rental of mobile home lots in the park or the purchase, leasing or rental of mobile homes.

      Sec. 2.  NRS 319.130 is hereby amended to read as follows:

      319.130  “Residential housing” means one or more new or existing residential dwelling units financed pursuant to the provisions of this chapter for the primary purpose of providing decent, safe and sanitary dwelling accommodations for eligible families in need of housing, including any buildings, manufactured homes, mobile homes, mobile home parks, land, improvements, equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including but not limited to streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the division determines improve the quality of the residential living for eligible families.

 


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ê1983 Statutes of Nevada, Page 972 (Chapter 397, SB 298)ê

 

landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the division determines improve the quality of the residential living for eligible families.

      Sec. 3.  1.  Each housing authority within whose jurisdiction a need exists for mobile home lots, to accommodate persons of low income who own mobile homes but cannot afford the usual rent for a lot, shall give equal consideration to the purchase of mobile home parks until that need has been met in the same proportion as the need for other kinds of housing.

      2.  The housing division of the department of commerce shall give equal consideration to the financing of mobile home parks to be owned by their present or prospective tenants, until the need for mobile home lots whose rents are within the means of eligible families has been met in the same proportion as the need for other kinds of housing.

 

________

 

 

CHAPTER 398, SB 399

Senate Bill No. 399–Committee on Government Affairs

CHAPTER 398

AN ACT to amend an act entitled “An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto,” approved March 27, 1947, as amended.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.1 of the above-entitled act, being chapter 646, Statutes of Nevada 1971, at page 1514, as last amended by chapter 271, Statutes of Nevada 1981, at page 518, is hereby amended to read as follows:

       Sec. 1.1  1.  The Las Vegas Valley water district is hereby designated as the agency responsible for water distribution within the boundaries of the district. The water district may exercise, in connection with its distribution functions, all of the powers granted in this act.

       2.  The water district shall assume [supervision,] responsibility for the operation and maintenance of all existing and future Southern Nevada water project facilities and water treatment plants, and [shall assess the costs against] the money necessary to carry out these responsibilities must be provided to the water district by the Colorado River commission from money collected from the users of water.

 


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

ê1983 Statutes of Nevada, Page 973 (Chapter 398, SB 399)ê

 

Southern Nevada water project facilities and water treatment plants, and [shall assess the costs against] the money necessary to carry out these responsibilities must be provided to the water district by the Colorado River commission from money collected from the users of water.

       3.  It is the intent of the Nevada legislature that upon completion of the project works authorized under P.L. 89-292 as evidenced by notice of the Secretary of the Interior or on July 1, 1983, whichever is later, the [administration] operation and maintenance of the Southern Nevada water project facilities and water treatment plants be carried out by the Las Vegas Valley water district as an agent of the [state.] State of Nevada, acting through the Colorado River commission. The water district is hereby granted the necessary administrative authority to carry out its responsibilities for the operation and maintenance of the facilities and plants as described in this section.

       4.  The authority of the Colorado River commission with respect to the water facilities and associated water treatment plants of the Southern Nevada water project is to:

       (a) Meet the obligations to the United States under the federal contract for repayment, dated August 4, 1977, and take all steps necessary to ensure that payments of principal and interest on the general obligation bonds issued to finance the water project are made at the times and in the manner required by law; and

       (b) Administer all applicable contracts to ensure the delivery of potable water of good quality to the parties entitled to receive the water, at the times and in the amounts required by those contracts.

       5.  The authority of the Colorado River commission to manage Nevada’s allocation of water from the Colorado River and to safeguard the other rights and carry out the responsibilities set forth in NRS 538.041 to 538.251, inclusive, are not affected by any of the provisions contained in this section.

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

 

________

 

 


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

ê1983 Statutes of Nevada, Page 974ê

 

CHAPTER 399, AB 530

Assembly Bill No. 530–Assemblymen Thompson, Banner and Jeffrey

CHAPTER 399

AN ACT relating to apprentices; changing provisions governing indentures with respect to the maximum number of hours of employment in a period of probation and the hours of related instruction; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 610.150 is hereby amended to read as follows:

      610.150  Every apprentice agreement or indenture entered into under this chapter [shall] must contain:

      1.  The names of the contracting parties.

      2.  The date of birth of the apprentice.

      3.  A statement of the trade, craft or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end.

      4.  A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction may not be less than 144 hours per year; but in no case may the combined weekly hours of work and of required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age of the apprentice.

      5.  A statement setting forth a schedule of the processes in the trade or industry division in which the apprentice is to be taught and the approximate time to be spent at each process.

      6.  A statement of the graduated scale of wages to be paid the apprentice and whether compensation is to be paid for the required school time.

      7.  A statement providing [for] :

      (a) For a period of probation of not more than [500] 1,000 hours of employment and [instruction extending over not more than 6 months,] not more than 72 hours of related instruction, during which time [any] the apprentice indenture [shall] may be terminated by the local joint apprenticeship committee at the written request, [in writing,] of either party to the indenture [, and providing that] ; and

      (b) That after [such] the probationary period the apprentice indenture may be terminated after due hearing of the case by the local joint apprenticeship committee , subject to appeal to the state apprenticeship council.

      8.  A statement that [an] the apprentice [shall] must not be discriminated against with respect to hire, advancement, compensation or other terms, conditions or privileges of employment because of race, color, creed, sex, physical or visual handicap or national origin.

      9.  A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally [shall] must be submitted to the state apprenticeship council for determination as provided in NRS 610.180.

 


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

ê1983 Statutes of Nevada, Page 975 (Chapter 399, AB 530)ê

 

submitted to the state apprenticeship council for determination as provided in NRS 610.180.

      10.  Such additional terms and conditions as may be prescribed or approved by the state apprenticeship council , not inconsistent with the provisions of this chapter.

 

________

 

 

CHAPTER 400, AB 164

Assembly Bill No. 164–Assemblymen Zimmer, Getto, Thomas, Ham, Brady, Bilyeu, Banner, Sedway, Francis, Malone, DuBois, Redelsperger and Bourne

CHAPTER 400

AN ACT relating to interest on money; limiting the methods of computing interest on certain loans; allowing the compounding of interest; allowing the imposition of a penalty for the prepayment of retail installment transactions; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 97.225 is hereby amended to read as follows:

      97.225  1.  Notwithstanding the provisions of any retail installment contract to the contrary, and if the rights of the purchaser have not been terminated or forfeited under the terms of the contract, any buyer may prepay in full the unpaid time balance thereof at any time before its final due date and, if he does so, and if the contract is not in default under any term or condition of the contract more than 2 months, he [shall receive] is entitled to a refund [credit] of the unearned portion of the time price differential for [such] the prepayment. The amount of [such refund credit shall represent] the refund must be at least as great a proportion of the original time price differential, after deduction therefrom a minimum charge of not [to exceed] more than $25, as the sum of the [monthly or lesser] periodic time balances for each period beginning 1 [month or lesser] period after the prepayment is made bears to the sum of all the [monthly or lesser] periodic time balances under the schedule of payments in the contract. Where the amount of [such] the refund [credit] is less than $1, no refund need be made.

      2.  This section does not preclude the imposition of any penalty for prepayment to which the parties may agree when the contract is executed.

      Sec. 2.  NRS 97.255 is hereby amended to read as follows:

      97.255  1.  The time price differential [shall be inclusive of] includes all charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of making the installment payments thereunder . [and no other fee, expense or charge whatsoever shall be taken, received, reserved or contracted therefor.]

      2.  This section does not preclude the imposition of any other fee, expense or charge provided for in this chapter to which the parties may agree.

 


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

ê1983 Statutes of Nevada, Page 976 (Chapter 400, AB 164)ê

 

      Sec. 3.  Chapter 99 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      When any loan is prepaid, the amount of interest earned must be computed by applying the agreed rate to the unpaid balance for each period. Any greater amount of interest which may have been precomputed and included in the balance due must be allowed as a credit on any amount due or refunded. This section does not preclude the imposition of any:

      1.  Penalty for prepayment; or

      2.  Single charge for making the loan,

to which the parties agree when the loan was made.

      Sec. 4.  NRS 99.050 is hereby amended to read as follows:

      99.050  Parties may agree for the payment of any rate of interest on money due or to become due on any contract [.] , and for the compounding of interest if they choose. The parties shall specify in writing the rate upon which they agree, and that interest is to be compounded if so agreed.

      Sec. 5.  The provisions of sections 1 to 3, inclusive, of this act apply to loans or retail installment transactions entered into on or after July 1, 1984.

      Sec. 6.  1.  This section and section 4 of this act shall become effective on July 1, 1983.

      2.  Sections 1 to 3, inclusive, and section 5 of this act shall become effective on July 1, 1984.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 977ê

 

CHAPTER 401, SB 176

Senate Bill No. 176–Committee on Judiciary

CHAPTER 401

AN ACT relating to property; providing for regulation of the sale of time shares; providing for the rights of developers and purchasers; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 54, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Administrator” means the real estate administrator.

      Sec. 3.5.  “Affiliate” means any person who controls, is controlled by or is under common control with a developer, including a person who:

      1.  Is a general partner, officer, director or employer of the developer;

      2.  Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with the power to vote, or holds proxies representing more than 20 percent of the voting interest in the developer;

      3.  Controls the election of a majority of the directors of the developer; or

      4.  Has contributed more than 20 percent of the capital of the developer.

      Sec. 4.  “Developer” means any person who offers to dispose of or disposes of his interest in a time share.

      Sec. 5.  “Division” means the real estate division of the department of commerce.

      Sec. 5.5.  “Permit” means the authorization issued by the administrator pursuant to the provisions of this chapter to a developer to offer to sell or sell time shares.

      Sec. 6.  “Person” means a natural person, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, joint venture or other legal or commercial entity.

      Sec. 6.5.  “Project” means the real property, which must contain more than one unit, in which time shares are created by a single instrument or set of instruments.

      Sec. 7.  “Project broker” means any person who coordinates the sale of time shares for a time-share project and to whom sales agents and representatives are responsible.

      Sec. 7.5.  “Public offering statement” means a report, issued by the administrator pursuant to the provisions of this chapter, which authorizes a developer to offer to sell or sell time shares in the project which is the subject of the report.

 


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

ê1983 Statutes of Nevada, Page 978 (Chapter 401, SB 176)ê

 

authorizes a developer to offer to sell or sell time shares in the project which is the subject of the report.

      Sec. 8.  “Purchaser” means any person, other than the developer or lender, who purchases a time share.

      Sec. 9.  “Representative” means a person, who is not a sales agent and who, on behalf of a developer, induces other persons to attend a sales presentation. The term does not include a person who only performs clerical tasks, arranges appointments set up by others or prepares or distributes promotional materials.

      Sec. 10.  “Sales agent” means a person who, on behalf of a developer, sells or offers to sell a time share to a purchaser.

      Sec. 11.  “Time share” means the right to use and occupy a unit on a periodic basis according to an arrangement allocating this right among various time-share owners.

      Sec. 11.5.  “Time-share instrument” means any document creating or regulating time shares, excluding any law, ordinance or governmental regulation.

      Sec. 12.  “Unit” means that portion of a project which is designated for separate use.

      Sec. 13.  The division may:

      1.  Adopt regulations which are necessary to carry out the provisions of this chapter.

      2.  Employ such legal counsel, investigators and other professional consultants as are necessary to carry out the provisions of this chapter.

      Sec. 14.  1.  The provisions of this chapter do not apply to:

      (a) The sale of 12 or fewer time shares in a time-share project, unless the developer offers to sell time shares in other projects in the same subdivision and the total number of time shares exceeds 26 in a period of 12 months;

      (b) The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;

      (c) Any transfer of a time share by deed in lieu of foreclosure or as a result of foreclosure of the time share;

      (d) A gratuitous transfer of a time share; or

      (e) A transfer by devise or descent or a transfer to an inter vivos trust,

unless the method of disposition is adopted for the purpose of evading the provisions of this chapter.

      2.  The division may from time to time, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any other sale, transfer or disposition of a time share if it finds that the enforcement of this chapter with respect to such a transaction is not necessary in the public interest and for the protection of purchasers.

      Sec. 15.  Each time-share project must be created by a time-share instrument which provides:

      1.  A legal description of the time-share project;

      2.  The name and location of the time-share project;

      3.  A system of identification of the time periods by letter, name, number or any combination thereof;

 


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

ê1983 Statutes of Nevada, Page 979 (Chapter 401, SB 176)ê

 

      4.  For assessment of the expenses of the time-share project and an allocation of those expenses among the time shares and the voting rights which are assigned to each time share;

      5.  A procedure to add units to the time-share project;

      6.  For selection of the trustee for insurance which is required to be maintained by the association or the developer;

      7.  For maintenance of the time-share units;

      8.  For management of the time-share project;

      9.  A procedure to amend the time-share instrument; and

      10.  The rights of the purchaser relating to the occupancy of the time-share unit.

      Sec. 16.  A developer shall not:

      1.  Offer to sell any time shares in this state unless he holds either a preliminary permit to sell time shares or a permit to sell time shares issued by the administrator.

      2.  Sell any time shares in this state unless he holds a permit to sell time shares issued by the administrator.

      3.  Offer to sell or sell a time share in this state unless he has named a person to act as a project broker.

      4.  Offer to sell or sell a time share in this state except through a project broker.

      Sec. 17.  1.  The administrator shall issue a preliminary permit to sell time shares to each applicant who:

      (a) Submits proof satisfactory to the division that all of the requirements for a permit to sell time shares will be met;

      (b) Applies for the preliminary permit in the manner provided by the division; and

      (c) Pays the fee provided for in this chapter.

      2.  A preliminary permit entitles the developer to solicit and accept reservations to purchase time shares.

      Sec. 18.  1.  A reservation to purchase a time share must:

      (a) Be on a form approved by the division;

      (b) Include a provision which grants the prospective purchaser the right to cancel the reservation at any time before the execution of the contract of sale with the full refund of any deposit;

      (c) Provide for the placement of any deposit in escrow until a permit is issued by the administrator pursuant to section 19 of this act;

      (d) Guarantee the purchase price for the time share for a certain period after the issuance of the permit to sell time shares; and

      (e) Require that any interest earned on the deposit for the reservation be paid to the prospective purchaser.

      Sec. 19.  Except as provided in section 20 of this act, the administrator shall issue a public offering statement and a permit to sell time shares to each applicant who:

      1.  Submits an application, in the manner provided by the division, which includes:

      (a) The name and address of the project broker;

      (b) A copy of the document in which the time-share project is created;

 


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

ê1983 Statutes of Nevada, Page 980 (Chapter 401, SB 176)ê

 

      (c) A preliminary title report for the time-share project and copies of the documents listed as exceptions in the report;

      (d) Copies of any other documents which relate to the project, including any contract, agreement or other document to be used in the sale of time shares;

      (e) Copies of instructions for escrow, deeds, sales contracts and any other documents that will be used in the sale of the time shares;

      (f) A copy of any proposed trust agreement which establishes a trust for the time-share project;

      (g) Documents which show the current assessments for property taxes on the time-share project;

      (h) Documents which show compliance with local zoning laws;

      (i) If the units in the time-share project are in a condominium project, or other form of community ownership of property, documents which show that use of the units in a time-share project is in compliance with the documents which created the community ownership;

      (j) Copies of all documents which will be given to a purchaser who is interested in participating in a program for the exchange of occupancy rights among time-share owners and copies of the documents which show acceptance of the time-share project in such a program;

      (k) A copy of the budget or a projection of the operating expenses of the association, if applicable;

      (l) A financial statement of the developer; and

      (m) Such other information as the division, by regulation, requires; and

      2.  Pays the fee provided for in this chapter.

      Sec. 19.5.  1.  The division shall, before issuing any permit or license under this chapter, fully investigate all information submitted to it as required by this chapter and may, if necessary, inspect the property which is the subject of any application. All reasonable expenses incurred by the division in carrying out the investigation or inspection must be paid by the applicant and no license or permit may be issued until those expenses have been paid.

      2.  Payments received by the division pursuant to this section must be deposited in the state treasury for credit to the real estate investigative fund. The administrator shall use the money in the fund to pay the expenses of agents and employees of the division making the investigations under this section. The administrator may advance money to them for those expenses when appropriate.

      Sec. 20.  The administrator shall deny an application for a permit to sell time shares if he finds that:

      1.  The developer failed to comply with any of the provisions of this chapter or the regulations adopted by the division.

      2.  The developer, or any of its affiliates, has:

      (a) Been convicted of a felony involving fraud or misrepresentation;

      (b) Been permanently enjoined by a court of competent jurisdiction from selling real estate or securities;

      (c) Had a registration as a broker-dealer in securities or a license to act as a real estate broker or salesman, project broker or sales agent revoked;

 

 


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

ê1983 Statutes of Nevada, Page 981 (Chapter 401, SB 176)ê

 

act as a real estate broker or salesman, project broker or sales agent revoked;

      (d) Been convicted of selling time shares without a license; or

      (e) Had a permit to sell time shares revoked.

      Sec. 21.  1.  The division shall issue an order, within 30 days after the receipt of an application for a permit to sell time shares, notifying the applicant of its decision to:

      (a) Issue a preliminary permit to sell time shares, including a list of all deficiencies, if any, which must be corrected before a permit is issued; or

      (b) Deny the application and list the reasons for denial.

      2.  The division shall, within 45 days after:

      (a) The receipt of evidence that the deficiencies in the application for a permit to sell time shares are cured, issue a permit to sell time shares or deny the application and list the reasons for denial; or

      (b) The issuance of a preliminary permit, issue a permit to sell time shares.

      Sec. 22.  1.  If the administrator denies an application for a permit to sell time shares, the applicant may, within 30 days, file a written request for a hearing. The administrator shall set the matter for hearing to be conducted within 90 days after receipt of the applicant’s request, unless the applicant requests a postponement of the hearing at least 3 working days before the date set for hearing. If such a request is made by the applicant, the date of the hearing must be agreed upon between the division and the applicant.

      2.  If the division fails to:

      (a) Hold the hearing within 90 days or within the extended time if a postponement is requested;

      (b) Render its decision within 60 days after the hearing; or

      (c) Notify the applicant in writing, by its order, within 15 days after its decision was made,

the order of denial expires and the division shall issue, within 15 days, a permit to sell time shares to the developer.

      Sec. 23.  If a time-share project has not been completed before the issuance of a permit to sell time shares, the permit must state the estimated date of completion and:

      1.  The developer shall deliver to the agency a bond in an amount and upon terms approved by the division to assure completion of the time-share project free of any liens. Such bond must be payable to the division for the benefit of the purchasers of the time-share property. The bond must remain in effect until the time-share project is completed free of all liens;

      2.  A cash deposit to cover the estimated costs of completing the time-share project must be deposited with an escrow agent under an agreement which is approved by the division; or

      3.  Any other arrangement which is approved by the division.

      Sec. 24.  1.  Each developer, through his project broker and sales agents, shall provide each prospective purchaser with a copy of his public offering statement which must contain a copy of his permit to sell time shares.

 


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

ê1983 Statutes of Nevada, Page 982 (Chapter 401, SB 176)ê

 

      2.  The project broker or sales agent shall review the public offering statement with each prospective purchaser before the execution of any contract for the sale of a time share and obtain a receipt signed by the purchaser for a copy of the public offering statement.

      3.  If a contract is signed by the purchaser, the signed receipt for a copy of the public offering statement must be kept by the project broker for 3 years and is subject to such inspections and audits as may be prescribed by regulations adopted by the division.

      Sec. 25.  1.  The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract or payment of the purchase price in cash.

      2.  The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer or sent by certified mail or telegraph to the business address of the developer.

      4.  The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.

      Sec. 26.  All money, negotiable instruments or other deposits pertaining to the sale of a time share must be placed in escrow, pursuant to an agreement approved by the division, with an escrow agent or a trustee.

      Sec. 27.  Escrow may not be closed unless the developer has provided satisfactory evidence to the administrator that:

      1.  The project is free and clear of any blanket mortgages;

      2.  Each person who holds an interest in the blanket mortgage has executed an agreement, approved by the administrator, to subordinate his rights to the rights of the purchaser or title to the time-share project has been conveyed to a trustee;

      3.  All holders of a lien recorded against the project have recorded an instrument providing for the release and reconveyance of each time share from the lien upon the payment of a specified sum or the performance of a specified act;

      4.  He has obtained and recorded a binding nondisturbance agreement acceptable to the administrator, executed by himself and all holders of a lien recorded against the project which provides that subsequent owners or foreclosing holders of a lien take title to the project subject to the rights of prior purchasers provided in the contracts of sale; or

      5.  Alternative arrangements complying with the regulations of and approved by the administrator have been made.

      Sec. 27.5.  The administrator shall adopt regulations providing for and governing the following alternative arrangements for the closing of escrow for any project:

      1.  If the interest to be conveyed by the developer is a leasehold interest, the developer may transfer the underlying leasehold interest to the association or an independent trustee. The underlying leasehold interest must be for a term which is not less than the term of the interest to be conveyed by the developer to the purchaser.

 


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

ê1983 Statutes of Nevada, Page 983 (Chapter 401, SB 176)ê

 

interest must be for a term which is not less than the term of the interest to be conveyed by the developer to the purchaser.

      2.  The developer or owner may, in writing, agree not to pledge or hypothecate a negotiable instrument or a contract of sale executed by a purchaser of a time share for at least 90 days after the completion of the sale.

      3.  The developer may deposit with the division a surety bond or other form of security in an amount and upon such conditions as are reasonably required by the administrator. The bond or other security must be in favor of the division for the benefit of the purchasers and is subject to review by the administrator at least annually.

      4.  The developer may deposit in a trust approved by the administrator any contract of sale relating to or any amounts received by him from the sales of time shares as required by the administrator.

      5.  Any other alternative arrangements which are satisfactory to the administrator.

      Sec. 28.  1.  A contract for the sale of a time share or any other evidence of an obligation to purchase a time share must provide in 12-point bold type that the purchaser is relieved of all obligations under the contract if his interests are defeated because of the foreclosure of liens against the project. The provisions of this subsection do not apply to any time-share project which meets the requirements of section 27 of this act.

      2.  If a developer or owner is in default on a senior security, he may not sell or pledge any of the notes given in payment of the time shares purchased from him.

      Sec. 29.  If a trust is created pursuant to a requirement of this chapter, the:

      1.  Trustee must be approved by the administrator.

      2.  Trust must be irrevocable, unless otherwise provided by the division.

      3.  Trustee must not be permitted to encumber the property unless permission to do so has been given by the division.

      4.  Association or each time-share owner must be made a third-party beneficiary.

      5.  Trustee must be required to give at least 30 days’ notice in writing of his intention to resign to the association, if it has been formed, and to the division, and the division must approve a substitute trustee before the resignation of the trustee may be accepted.

      Sec. 30.  1.  If title to a time-share project is conveyed to a trustee pursuant to subsection 2 of section 27 of this act, before escrow closes for the sale of the first time share, the developer must provide the division with satisfactory evidence that:

      (a) Title to the project has been conveyed to the trustee.

      (b) All proceeds received by the developer from the sales of time shares are being delivered to the trustee and deposited in a fund which has been established to provide for the payment of any taxes, costs of insurance or the discharge of any lien recorded against the project.

      (c) The trustee is paying all charges against the trust in the following order:

 


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

ê1983 Statutes of Nevada, Page 984 (Chapter 401, SB 176)ê

 

             (1) Payment of taxes.

             (2) Payments due any holder of a lien recorded against the project.

             (3) Payments for the maintenance of the fund.

             (4) Trustee’s fees and costs.

             (5) Any other payments authorized by the document creating the trust.

      2.  The administrator may inspect the records relating to the trust at any reasonable time.

      Sec. 31.  It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:

      1.  Project broker or sales agent within the State of Nevada without first obtaining a license from the division pursuant to chapter 645 of NRS or section 32 of this act.

      2.  Representative within the State of Nevada without first registering with the division.

      Sec. 32.  1.  The administrator shall issue a sales agent’s license to each applicant who submits an application to the division, in the manner provided by the division, which includes:

      (a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:

             (1) Ethics.

             (2) The applicable laws and regulations relating to time shares.

             (3) Principles and practices of selling time shares.

      (b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.

      (c) A designation of the developer for whom he proposes to sell time shares.

      (d) Any further information required by the division, including the submission by the applicant to any investigation by the police or the division.

      2.  In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass successfully an examination which may be adopted by the division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.

      3.  The application must be accompanied by a fee of $75. This fee must be used by the division to pay the costs of investigating, acting upon and reviewing applications for sales agents’ licenses.

      4.  A person who is licensed as a salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.

      5.  Upon the issuance of a license to an applicant, the applicant must pay a fee of $25.

      6.  Each sales agent’s license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee must pay a renewal fee of $25.

 


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

ê1983 Statutes of Nevada, Page 985 (Chapter 401, SB 176)ê

 

      7.  The administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.

      Sec. 33.  A sales agent may work for only one project broker at any one time.

      Sec. 33.5.  1.  A project broker shall give written notice to the division of a change of association of any sales agent associated with him within 10 days after that change.

      2.  The project broker, upon the termination of the employment of any sales agent associated with him, shall submit that agent’s license to the division.

      3.  If a sales agent changes his association with any project broker, he must apply to the division for the reissuance of his license for its unexpired term. The application must be accompanied by a fee of $10.

      4.  A sales agent may only become associated with a project broker who certifies to his honesty, trustworthiness and good reputation.

      Sec. 34.  The administrator shall register as a representative each applicant who:

      1.  Submits proof satisfactory to the division that he has a reputation for honesty, trustworthiness and competence;

      2.  Applies for registration in the manner provided by the division; and

      3.  Pays the fees provided for in this chapter.

      Sec. 34.5.  1.  A representative shall not negotiate or make representations concerning the merits or value of a time-share project. He may only induce and solicit persons to attend promotional meetings for the sale of time shares and distribute information approved by the division.

      2.  The representative’s activities must strictly conform to the methods for the procurement of prospective purchasers which have been approved by the division.

      3.  The representative shall comply with the same standards for conducting business as are applied to real estate brokers and salesmen pursuant to chapter 645 of NRS and the regulations adopted pursuant thereto.

      Sec. 35.  1.  All registrations issued pursuant to this chapter expire 1 year after their issuance.

      2.  Each representative who meets the requirements for renewal adopted by the division may renew his registration upon the payment of the annual renewal fee before the expiration of his registration.

      3.  If a representative fails to pay the annual renewal fee before the expiration of his registration, the registration may be reinstated upon the payment of the reinstatement fee in addition to the annual renewal fee. A registration may be reinstated under this subsection only if the fees are paid within 1 year after the registration expires.

      Sec. 36.  1.  The division shall collect the following fees at such times and upon such conditions as it may provide by regulation:

Application fee for preliminary permit to sell time shares.........................    $150

Application fee for registration of representative........................................ 50 For renewal of registration of representative.....................    $50

 

 


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

ê1983 Statutes of Nevada, Page 986 (Chapter 401, SB 176)ê

 

For renewal of registration of representative................................................      $50

For reinstatement of registration of representative.....................................        25

For each permit to sell time shares, per subdivision....................................      250

For each page of a public offering statement which is amended after the issuance of the report.....................................................................................................           5

      2.  Each developer shall pay an additional fee for each time share he sells in a time-share project over 50 pursuant to the following schedule:

 

Number of time shares                                                                                   Amount to be

                                                                                                                      paid per time share

   51 — 250.............................................................................................. $5

251 — 500................................................................................................. 4

501 — 750................................................................................................. 3

751 — 1500............................................................................................... 2.50

over 1500...................................................................................................... 1

 

      3.  Except for the fees relating to the registration of a representative, the administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      Sec. 37.  1.  A developer who offers a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties, or both, shall give to the purchaser the following information:

      (a) The name and address of the company offering the program.

      (b) The names of the officers, directors and shareholders owning at least 5 percent of the outstanding stock of that company.

      (c) A statement indicating whether the company or any of its officers or directors has any legal or beneficial interest in any interest of the developer or managing agent in any plan to sell time shares included in the program and, if so, the name, location and nature of the interest.

      (d) A statement that the purchaser’s contract with the company is a contract separate and distinct from the contract to purchase the time share, unless the company and the developer or an affiliate are the same.

      (e) A statement indicating whether the purchaser’s participation in the program is dependent upon the continued inclusion of the plan to sell time shares in the program.

      (f) A statement indicating whether the purchaser’s membership or participation in the program, is voluntary or mandatory.

      (g) A complete and accurate description of:

             (1) The terms and conditions of the purchaser’s contractual relationship with the company and the procedure by which changes thereto may be made.

             (2) The procedure to qualify for and make exchanges.

             (3) All limitations, restrictions or priorities of the program, including, but not limited to, limitations on exchanges based on the seasons of the year, the size of units or levels of occupancy, printed in boldface type, and, if such limitations, restrictions or priorities are not uniformly applied by the program, a clear description of the manner in which they are applied.

 


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

ê1983 Statutes of Nevada, Page 987 (Chapter 401, SB 176)ê

 

type, and, if such limitations, restrictions or priorities are not uniformly applied by the program, a clear description of the manner in which they are applied.

      (h) A statement indicating whether exchanges are arranged on the basis of available space and whether there are any guarantees of fulfilling specific requests for exchanges.

      (i) A statement indicating whether and under what circumstances an owner, in dealing with the company, may lose the right to use and occupy a time-share unit in any property applied for exchange without being provided with substitute accommodations by the company.

      (j) The fees to be paid by owners in the program, including a statement indicating whether any fees may be changed by the company and, if so, the circumstances under which those changes may be made.

      (k) The name and address of the site of each time-share project included in the program.

      (l) The number of units in each project included in the program which are available for occupancy, expressed in numerical groupings of from 1 to 5, 6 to 10, 11 to 20, 21 to 50 and over 50.

      (m) The number of owners with respect to each plan to sell time shares or other property who are eligible to participate in the program, expressed in numerical groupings of from 1 to 100, 101 to 249, 250 to 499, 500 to 999 and at least 1,000, and a statement of the criteria used to determine those owners who are eligible to participate in the program.

      (n) The disposition made by the company of time shares deposited with the program by owners who are eligible to participate in the program and not used by the company in effecting exchanges.

      (o) An annual report completed on or before July 1 of the succeeding year which must be independently certified by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants, as those standards exist on the effective date of this act. The report must include:

             (1) The number of owners who are enrolled to participate in the program, including an indication of whether the relationship between the company and the owners is based on the payment of a fee or is gratuitous.

             (2) The number of time-share projects included in the program, categorized by those projects which are the subject of a contract between the developer or the association and the company and those projects which are the subject of a contract between the company and owners directly.

             (3) The percentage of confirmed exchanges, calculated by dividing the number of exchanges confirmed by the company by the number of exchanges property applied for, and a complete and accurate statement of the criteria used to determine whether a request for an exchange was properly submitted.

 


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

ê1983 Statutes of Nevada, Page 988 (Chapter 401, SB 176)ê

 

             (4) The number of time shares for which the company has an outstanding obligation to provide an exchange to an owner who relinquished a time share during the year in exchange for a time share in any future year.

             (5) The number of exchanges confirmed by the company during the year.

      (p) A statement printed in boldface type indicating that the percentage of confirmed exchanges is a summary of the requests for exchanges received by the company in the period reported and that the percentage does not indicate the probability of a purchaser of owner’s being confirmed to any specific choice, since availability at individual locations may vary.

      2.  The information required by subsection 1 must be delivered to the purchaser before the execution of any contract between the purchaser and the company or the contract to purchase the time share.

      3.  Upon receipt of the information, the purchaser shall certify in writing that he has received the information from the developer.

      4.  Except as otherwise provided in this subsection, the information required by subsection 1 must be accurate as of 30 days before the date on which the information is delivered to the purchaser. The information required by paragraphs (b), (c), (k), (l), (m) and (o) of subsection 1 must be consistent with the latest audited statement of the company which is prepared not more than 18 months before the information is delivered.

      Sec. 37.3.  If a company intends to offer a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share projects, or both, directly to a purchaser or owner, the company shall deliver to him, before the offering or the execution of any contract between the purchaser or owner and the company offering the program, the information set forth in subsection 1 of section 37 of this act. The requirements of this section do not apply to any renewal of a contract between an owner and such a company.

      Sec. 37.5.  Each company offering a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share projects, or both, to purchasers in this state must include the statement required by paragraph (p) of subsection 1 of section 37 of this act on all promotional brochures, pamphlets, advertisements and other materials disseminated by the company which contain the percentage of confirmed exchanges.

      Sec. 37.7.  1.  A company whose program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share projects, or both, is offered to purchasers of time shares in this state shall, on or before July 1 of each year, file with the division and secretary of the association the information required by subsection 1 of section 37 of this act as it relates to that plan.

      2.  No developer is liable for the use, delivery or publication of information provided to it by the company.

 


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

ê1983 Statutes of Nevada, Page 989 (Chapter 401, SB 176)ê

 

      3.  Except as otherwise provided in this subsection, no company is liable for:

      (a) Any representation made by the developer relating to the program or company.

      (b) The use, delivery or publication by the developer of any information relating to the program or company.

Such a company is liable only for the written information provided to the developer by the company.

      Sec. 38.  1.  Each owner is a member of the association for the time-share project. The association may be incorporated.

      2.  The state of incorporation may be:

      (a) This state;

      (b) The state in which the time-share project is located; or

      (c) Any state where the developer has obtained a permit to sell time shares under statutes which govern the sale of time shares.

      3.  If an association is incorporated, the articles of incorporation or the bylaws must provide for the transfer by the developer to the owners of the control of the association within 120 days after 80 percent of the time shares have been sold.

      4.  Except as provided in NRS 78.355, any proxy which is executed by an owner to an association is valid for an indefinite period if the owner may revoke his proxy, by written notice to the association, to vote at a particular meeting.

      Sec. 39.  1.  A developer or an affiliate of the developer shall provide for the management of the plan and the project, by a written agreement with the time-share owners. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. All succeeding terms of the agreement must be renewed annually unless the manager or a majority of the owners, excluding the developer, notify the manager of their refusal to renew the agreement.

      2.  The agreement must provide that:

      (a) The manager or a majority of the owners may terminate the agreement for cause.

      (b) The registration of the manager will not be accepted until 90 days after receipt by the owners of the written resignation.

      (c) A fidelity bond must be delivered by the manager to the association.

      3.  Except as provided in this subsection, if the developer retains a reversionary interest in the time-share project, the parties to such an agreement must include the developer, the manager and the association. In addition to the provisions required in this section, the agreement must provide:

      (a) That the project will be maintained in good condition. Except as provided in this paragraph, any defect which is not cured within 10 days after notification by the developer may be cured by him. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each owner must be assessed for his share of the cost of repairs.

 


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

ê1983 Statutes of Nevada, Page 990 (Chapter 401, SB 176)ê

 

      (b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association a list of seven potential factfinders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one factfinder from this list.

      (c) For collection of assessments from the owners to pay obligations which may be due to the developer for breach of the covenant to maintain the premises in good condition and repair.

If the developer, after his request to be included, is not made a party to this agreement, he shall be considered to be a third-party beneficiary of such an agreement.

      Sec. 40.  If a unit is unavailable for a period to which the owner is entitled by schedule or by confirmed reservation, and the manager is responsible, the owner is entitled to be provided:

      1.  A comparable unit; or

      2.  Monetary compensation for the loss of such use.

      Sec. 41.  1.  The association shall adopt an annual budget for revenues, expenditures and reserves and collect assessments for the expenses of the time-share project from time-share owners. The initial budget of the association must be approved by the division.

      2.  If there is no association, the developer shall adopt an annual budget. The administrator may require that the developer provide, at the developer’s expense, an opinion from an independent professional consultant as to the sufficiency of the budget to sustain the plan offered by the developer. The developer shall place any money collected for assessments in a trust account.

      3.  The developer shall pay assessments for any time shares which are unsold or enter into an agreement with the association, on a form approved by the division, to pay the difference between the actual expenses incurred by the association and the amounts payable to the association as assessments by the time-share owners. The division may require the developer to provide a surety bond or other form of security which is satisfactory to the division, to guarantee payment of the developer’s obligation.

      Sec. 42.  1.  The association, if it has been formed, shall maintain:

      (a) Property insurance on the time-share project and any personal property available for use by the time-share owners in conjunction therewith, other than personal property separately owned by a time-share owner, insuring against all risks of direct physical loss commonly insured against, with a provision that the proceeds must be disbursed for the repair or restoration of the property, and that the time-share owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored;

      (b) Liability insurance, including insurance for medical payments, in an amount not less than $1,000,000 per occurrence, covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the time-share property and time-share units; and

 


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

ê1983 Statutes of Nevada, Page 991 (Chapter 401, SB 176)ê

 

      (c) Insurance covering the costs of temporary quarters for the time-share owners and other losses commonly insured against.

      2.  Each insurance policy carried pursuant to subsection 1 must provide that:

      (a) Each time-share owner is an insured person under the policy whether designated as an insured by name individually or as part of a named group or otherwise, as his interest may appear;

      (b) The insurer waives its right to subrogation under the policy against any time-share owner or members of his household; and

      (c) No act or omission by any time-share owner, unless acting within the scope of his authority on behalf of an association, will void the policy or be a condition to recovery by any other person under the policy.

      Sec. 42.5.  A time-share owner shall not be deemed to hold an investment contract, nor shall his purchase be considered risk capital, because income derived from the time-share project and any personal property available for use by the time-share owner in conjunction therewith reduces the assessment for time-share expenses, if the income inures directly to the benefit of the association and not to his direct benefit.

      Sec. 43.  1.  If the interest of the developer is a leasehold interest, the lease, unless otherwise determined by the division, must provide that:

      (a) The lessee must give notice of termination of the lease for any default by the lessor to the association.

      (b) The lessor, upon the bankruptcy of the lessee, shall enter into a new lease with the association upon the same terms and conditions as the lease with the developer.

      2.  The division may require the developer to execute a bond or other type of security for the payment of the rental obligation.

      Sec. 43.3.  1.  The developer or the association may levy and enforce a reasonable assessment upon any time share in accordance with the time-share instrument, which is a debt of the owner thereof at the time the assessment is made. The amount of the assessment plus any other charges thereon, such as interest, costs, attorney’s fees and penalties, as may be provided for in the time-share instrument is a lien upon the time share assessed when the developer or the association causes to be recorded with the county recorder of the county in which the time-share project is located a notice of assessment, which must state:

      (a) The amount of the assessment and such other charges thereon as may be authorized by the time-share instrument;

      (b) A description of the time share against which the lien has been assessed; and

      (c) The name of the time-share owner.

      The notice must be signed by an authorized representative of the developer or the association or as otherwise provided in the time-share instrument. Upon payment of the assessment and charges in connection with which the notice has been so recorded, or other satisfaction thereof, the developer or the association shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.

 


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

ê1983 Statutes of Nevada, Page 992 (Chapter 401, SB 176)ê

 

thereof, the developer or the association shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.

      2.  The lien is prior to all other liens recorded subsequent to the recordation of the notice of assessment except that the time-share instrument may provide for the subordination thereof to any other liens and encumbrances. Unless sooner satisfied and released or the enforcement thereof initiated as provided in subsection 3, the lien expires and has no further force or effect 1 year after the date of recordation of the notice of assessment, but the 1-year period may be extended by the developer or the association for a period not to exceed 1 additional year by recording a written extension thereof.

      3.  The lien may be enforced by sale by the developer or the association, its agent or attorney, after failure of the owner to pay such an assessment in accordance with the terms of the time-share instrument. The sale must be conducted in accordance with the provisions of Covenants Nos. 6, 7 and 8 of NRS 107.030, and NRS 107.090 insofar as they are consistent with the provisions of section 43.5 of this act, or in any other manner permitted by law. Unless otherwise provided in the time-share instrument, the developer or the association, if it is a corporation, cooperative association, partnership or natural person, may bid at foreclosure sale and hold, lease, mortgage and convey the time share.

      Sec. 43.5.  1.  The power of sale may not be exercised until:

      (a) The developer or the association, its agent or attorney has first executed and caused to be recorded with the recorder of the county wherein the time-share project is located a notice of default and election to sell the time share or cause its sale to satisfy the assessment lien; and

      (b) The time-share owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement for 60 days computed as prescribed in subsection 2.

      2.  The 60-day period provided in subsection 1 begins on the first day following the day upon which the notice of default and election to sell is recorded and a copy of the notice is mailed by certified or registered mail with postage prepaid to the time-share owner or to his successor in interest at his address if that address is known, otherwise to the address of the time-share project. The notice must describe the deficiency in payment.

      3.  The developer or the association, its agent or attorney shall, after expiration of the 60-day period and before selling the time share, give notice of the time and place of the sale in the manner and for a time not less than that required for the sale of real property upon execution, except that a copy of the notice of sale must be mailed on or before the first publication or posting required by NRS 21.130 by certified or registered mail with postage prepaid to the time-share owner or to his successor in interest at his address if that address is known, otherwise to the address of the time-share project. The sale itself may be made at the office of the developer or the association if the notice so provided, whether the time-share project is located within the same county as the office of the developer or the association or not.

 


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

ê1983 Statutes of Nevada, Page 993 (Chapter 401, SB 176)ê

 

the same county as the office of the developer or the association or not.

      4.  Every sale made under the provisions of section 43.3 of this act vests in the purchaser the title of the time-share owner without equity or right of redemption.

      Sec. 43.7.  No labor performed or services or materials furnished with the consent of or at the request of a time-share owner may be the basis for the filing of a lien against the time share of any other time-share owner, or against any part thereof, or against any other property of any other time-share owner, unless the other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Express consent shall be deemed to have been given by the owner of any time share in the case of emergency repairs thereto. Labor performed or services or materials furnished for the insured property, if authorized by the association and provided for in the time-share instrument, shall be deemed to the performed or furnished with the express consent of each time-share owner. A time-share owner may remove his time share from a lien against two or more time shares or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his time share.

      Sec. 44.  1.  Any amendment by the developer of the provisions of the document which created the time-share project, articles of incorporation, trust, or bylaws which adversely affects the interests of the time-share owner must be filed with the division.

      2.  Unless the division notifies the developer of its disapproval within 15 days, the amendments shall be deemed to be approved by the division.

      Sec. 44.3.  1.  The administrator may suspend, revoke or reissue, subject to conditions, any sales agent’s license issued under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, is found guilty of:

      (a) Making any material misrepresentation;

      (b) Making any false promises of a character likely to influence, persuade or induce;

      (c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;

      (d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom he is employed; or

      (e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into his possession and which belongs to others.

      2.  The administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.

      3.  The administrator may refer any complaint for the revocation or suspension of a sales agent’s license to the real estate commission or to a hearing officer designated by the director of the department of commerce.

 


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

ê1983 Statutes of Nevada, Page 994 (Chapter 401, SB 176)ê

 

a hearing officer designated by the director of the department of commerce. The real estate commission or the hearing officer shall report its findings and recommendations to the administrator.

      Sec. 44.7.  The real estate commission may take action pursuant to NRS 645.630 against any project broker who fails to adequately supervise the conduct of any sales agent or representative with whom he is associated.

      Sec. 45.  For any proceeding held pursuant to a provision of this chapter, the administrator may appoint a hearing officer from the staff of the department of commerce who shall act as his agent and conduct any hearing or investigation which may be conducted by the administrator pursuant to this chapter.

      Sec. 46.  The administrator or his hearing officer may:

      1.  Take testimony and other evidence concerning all matters within the jurisdiction of the division pursuant to this chapter;

      2.  Administer oaths;

      3.  Certify to all official acts; and

      4.  For cause, issue subpenas for the attendance of witnesses and the production of books and papers.

      Sec. 47.  1.  Whenever the administrator believes that any person has violated any order, regulation, permit, decision, demand or requirement, or any of the provisions of this chapter, he may bring an action in the district court in the county in which the person resides or maintains his principal place of business or, if the person resides outside the state, in any court of competent jurisdiction within or outside the state, against the person to enjoin him from continuing the violation.

      2.  The administrator may intervene in any action involving a time-share property, a project or a time share if intervention is necessary in the public interest and for the protection of purchasers.

      Sec. 48.  1.  The administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received a permit under this chapter or conducting activities in a manner not in compliance with the terms of his permit.

      2.  The order to cease must be in writing and must state that, in the opinion of the administrator, the developer has not been issued a permit for the activity or the terms of the permit do not allow the developer to conduct the activity in that manner. The developer shall not engage in any activity regulated by this chapter after he receives such an order.

      3.  Within 30 days after receiving such an order, a developer may file a verified petition with the administrator for a hearing.

      4.  The administrator shall, within 10 days after receiving the petition, bring an action in a district court of the State of Nevada in the county in which the activity is occurring to enjoin the person from continuing that activity pending the completion of hearings as prescribed by this chapter. The administrator’s order to cease must be rescinded upon the entering of a decision by the court or 10 days after the administrator receives the petition unless the administrator brings an action within that time.

 


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

ê1983 Statutes of Nevada, Page 995 (Chapter 401, SB 176)ê

 

      5.  In lieu of the issuance of an order to cease such activities, the administrator may enter into an agreement with the developer in which the developer agrees to:

      (a) Discontinue the activities that are not in compliance with this chapter;

      (b) Pay all costs incurred by the division in investigating the developer’s activities and conducting any necessary hearings; and

      (c) Return to the purchasers any money or property which he acquired through such violations.

The terms of such an agreement are confidential unless violated by the developer.

      Sec. 49.  1.  The district court in the county in which a hearing is to be held may compel the attendance of witnesses, the giving of testimony and the production of books and papers as requested by any subpena issued by the administrator.

      2.  If a witness refuses to attend, testify or produce any papers required by a subpena, the administrator may report to the district court in the county in which the hearing is pending by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpenaed in the manner prescribed in this chapter;

      (c) The witness has failed and refused to attend or produce the papers required by subpena before the administrator in the cause or proceeding named in the subpena or has refused to answer questions propounded to him in the course of the hearing, and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the administrator.

      3.  The court, upon petition of the administrator, may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order. The time fixed must not be more than 10 days after the date of the order. The order must command the respondent to show cause why he has not attended, testified or produced the books or papers before the administrator. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the administrator, the court may enter an order that the witness appear before the administrator at the time and place fixed in the order and testify or produce the required books or papers. If the witness fails or refuses to obey the order, the witness may be held in contempt of court.

      Sec. 50.  No action for partition of a time-share unit may be maintained except as provided in the time-share instrument. If a time share is owned by two or more persons, an action may be brought for the judicial sale of the time share. A provision for the waiver or subordination of the right of partition or any other right characteristic of a tenancy in common is valid.

      Sec. 51.  Any person who:

      1.  Willfully submits, in the application for a permit to sell time shares, any materially false or misleading information or fails to submit an annual report on a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties, or both, is guilty of a misdemeanor.

 


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

ê1983 Statutes of Nevada, Page 996 (Chapter 401, SB 176)ê

 

shares, any materially false or misleading information or fails to submit an annual report on a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties, or both, is guilty of a misdemeanor.

      2.  Acts as a:

      (a) Project broker or a sales agent without first obtaining a license pursuant to section 32 of this act or chapter 645 of NRS; or

      (b) Representative without first registering as a representative with the division

is guilty of a misdemeanor.

      Sec. 52.  1.  It is unlawful for any person to use false or misleading information to advertise the sale of time shares.

      2.  Unless a person has actual knowledge of the false or misleading information, the owner, publisher, licensee or operator of any newspaper, magazine, television or radio broadcasting station or their agents or employees are not liable under this chapter for any advertising of any time share carried in the newspaper, magazine or by the television or radio broadcasting station nor are any of them liable under this chapter for the contents of any advertisement.

      Sec. 53.  1.  No time share may be advertised or offered for sale within this state until the advertisement or offering is approved by the division.

      2.  Each advertisement must contain the processing number assigned to it by the division.

      3.  Each application for the approval of advertising must:

      (a) Include the form and content of advertising to be used;

      (b) Include the name of the offer of gifts or other free benefits to be extended;

      (c) Include the nature of promotional meetings involving any person or act described in subsection 1 of section 19 of this act; and

      (d) Be accompanied by a filing fee of not more than $25, to be established by the division.

      4.  The division shall render a decision upon an application for the approval of advertising or an offer for sale within 30 days after the date the application is filed.

      Sec. 54.  Time shares and time-share projects to which this chapter applies are subject to licensing by local governments for revenue but not for regulation.

      Sec. 54.5.  Any time-share project, person or subdivision which is subject to the requirements of chapter 119 of NRS for licensing and which complies with the provisions of this chapter is not required to comply with the provisions of chapter 119 of NRS.

      Sec. 55.  Chapter 90 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The provisions of this chapter do not apply to:

      1.  Any insurance or endowment policy or annuity contract under which an insurance company promises to pay money either in a lump sum or periodically for life or some other specified period; and

      2.  Any program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time share properties, or both.

 


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

ê1983 Statutes of Nevada, Page 997 (Chapter 401, SB 176)ê

 

      Sec. 56.  NRS 90.090 is hereby amended to read as follows:

      90.090  [1.]  “Security” means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, instrument showing ownership of an interest in gold, silver or other precious metal, or, in general, any interest or instrument commonly known as a “security,” or any certificate of interest or participation in, temporary or interim certificate for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.

      [2.  “Security” does not include any insurance or endowment policy or annuity contract under which an insurance company promises to pay money either in a lump sum or periodically for life or some other specified period.]

      Sec. 57.  1.  A developer of an existing time-share project who applies for a permit to sell time shares with the division may continue to sell the time shares until he has been notified by the division of a denial of his application.

      2.  For purposes of this section, “existing time-share project” means a project in which at least 13 persons, who are not affiliated with the developer and have purchased a time share by the effective date of this act.

      Sec. 58.  1.  The provisions of sections 27 and 27.5 of this act do not apply to any time-share project for which, as of April 1, 1983, time shares have been sold or offered for sale in this state if, within 90 days after the effective date of this act, the developer of the project submits to the division, supported by satisfactory proof, the following information:

      (a) A description and the location of the project.

      (b) The number of units and the number of time shares sold for each unit within the project.

      (c) The nature and extent of the developer’s promotional plan.

      (d) The nature and extent of the financing committed for the project as of April 1, 1983.

      2.  The division, if good cause is shown, may grant an extension to the developer, but all information required by subsection 1 must be received by December 31, 1983.

      Sec. 59.  The division may exempt from the provisions of this act any time-share project, person or subdivision which substantially meets the requirements of chapter 119 of NRS on or before the effective date of this act.

      Sec. 60.  A person acting as a sales agent before the effective date of this act shall submit an application for licensing pursuant to section 32 of this act within 90 days after the effective date of this act, unless he is licensed pursuant to chapter 645 of NRS. He may continue to act as a sales agent until he has been notified by the division of a denial of his application.

 


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

ê1983 Statutes of Nevada, Page 998 (Chapter 401, SB 176)ê

 

as a sales agent until he has been notified by the division of a denial of his application.

      Sec. 61.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 402, SB 330

Senate Bill No. 330–Committee on Judiciary

CHAPTER 402

AN ACT relating to gaming; clarifying the fines which may be imposed by the Nevada gaming commission; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.310 is hereby amended to read as follows:

      463.310  1.  The board shall make appropriate investigations:

      (a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder.

      (b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or rules and regulations.

      (c) To aid in adopting regulations.

      (d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS.

      (e) As directed by the commission.

      2.  If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which such approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.

      3.  Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.

      4.  After the provisions of subsections 1, 2 and 3 above have been complied with, the commission may:

 


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

ê1983 Statutes of Nevada, Page 999 (Chapter 402, SB 330)ê

 

      (a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;

      (b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;

      (c) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; and

      (d) Fine [the licensee, registrant, person or entity previously found suitable, pari-mutuel licensee, or] each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS, not more than $100,000 for [the first violation] each separate violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each [subsequent] separate violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS or of the regulations of the commission [.] which is the subject of any subsequent complaint.

All fines [shall] must be paid to the state treasurer for deposit in the state general fund.

      5.  For the second violation of any provisions of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of [such] the establishment or person.

      6.  If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which [such] the order is based.

      7.  Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

      8.  Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.

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

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1000ê

 

CHAPTER 403, SB 270

Senate Bill No. 270–Committee on Transportation

CHAPTER 403

AN ACT relating to motor vehicles; giving the director authority to delegate duties; requiring attachment of all license plates; limiting the persons who may operate motor vehicles with special plates; providing for the licensing of distributors and the issuance of license plates thereto; increasing the amount of bonds; increasing the fees for certain licenses; adding suspension to the administrative punishments for violations; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

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 a new section which shall read as follows:

      The director may delegate to the officers and employees of the department such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.

      Sec. 2.  NRS 482.275 is hereby amended to read as follows:

      482.275  1.  The license plates for a motor vehicle other than a motorcycle or power cycle [shall] must be attached thereto, one in the front and other in the rear. The license plate issued for all other vehicles required to be registered [hereunder shall] must be attached to the rear [thereof. Number] of the vehicle. The license plates [shall] must be so displayed during the current calendar year or registration period.

      2.  Every [number] license plate [shall] must at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and [shall] must be maintained free from foreign materials and in a condition to be clearly legible.

      3.  Any license plate which is issued to a dealer, rebuilder or manufacturer may be attached to a vehicle owned or controlled by that person by a secure means. No license plate may be displayed loosely in the window or by any other unsecured method in any motor vehicle.

      Sec. 3.  NRS 482.320 is hereby amended to read as follows:

      482.320  1.  A manufacturer, distributor, dealer or rebuilder [having] who has an established place of business in this state, or a manufacturer who has executed a franchise with a dealer or distributor [having] who has an established place of business in this state, and [owning or controlling] who owns or controls any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate [or move] that vehicle or allow it to be operated for purposes of display, demonstration, maintenance, sale or exchange if there is displayed thereon a special plate or plates issued to the manufacturer, distributor, dealer or rebuilder as provided in NRS 482.275 and 482.330. Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange.

 


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

ê1983 Statutes of Nevada, Page 1001 (Chapter 403, SB 270)ê

 

for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange. Owners or officers of the corporation, heads of departments and salesmen may for any purpose operate a vehicle displaying such plates.

      2.  The provisions of this section do not apply to:

      (a) Work or service vehicles owned or controlled by a manufacturer, distributor, dealer or rebuilder.

      (b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salesmen in the course of their employment.

      (c) Vehicles which are privately owned by the owners, officers or employees of the manufacturer, distributor, dealer or rebuilder.

      (d) Vehicles which are being used for personal reasons by a person who is not licensed by the department or otherwise exempted in subsection 1.

      (e) Vehicles which have been given or assigned to persons who work for a manufacturer, distributor, dealer or rebuilder for services performed.

      Sec. 4.  NRS 482.3212 is hereby amended to read as follows:

      482.3212  1.  The department shall issue to any dealer, distributor, rebuilder or [individual,] other person, upon request, and upon payment of a fee of $8.25, a special permit, in a form to be determined by the department, for the movement of any vehicle [for the purpose of sale] to sell outside the State of Nevada, or for the movement outside the state of any vehicle purchased by a nonresident. The permit [shall] must be affixed to the vehicle to be so moved in a manner and position to be determined by the department, and [shall expire] expires 15 days after its issuance.

      2.  The department may issue a permit to a [Nevada] resident of this state who desires to move an unregistered vehicle within the state upon the payment of a fee of $8.25. [Such permit shall be] The permit is valid for 24 hours.

      Sec. 5.  NRS 482.322 is hereby amended to read as follows:

      482.322  1.  No person may engage in the activities of a vehicle dealer, manufacturer , distributor or rebuilder in this state, or be issued a license by the department, until he has been issued a dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or similar license or permit by every city within whose corporate limits he maintains an established place of business and by every county in which he maintains an established place of business outside the corporate limits of a city.

      2.  A vehicle dealer’s, manufacturer’s or rebuilder’s license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.

      3.  The department shall investigate any applicant for a dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or license and complete an investigation report on a form provided by the department.

      Sec. 6.  NRS 482.325 is hereby amended to read as follows:

      482.325  1.  Applications for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license must be filed upon forms supplied by the department, and the applicant shall furnish:

 

 


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

ê1983 Statutes of Nevada, Page 1002 (Chapter 403, SB 270)ê

 

dealer’s or rebuilder’s license must be filed upon forms supplied by the department, and the applicant shall furnish:

      (a) Such proof as the department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

      (b) A fee of [$25.] $125.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealer’s, manufacturer’s , distributor’s or rebuilder’s license certificate containing the latter’s name and the address of his established place of business or the address of the main office of a manufacturer without an established place of business in this state.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the department with an application for renewal of his license accompanied by an annual fee of [$25.] $50. The renewal application must be provided by the department and contain information required by the department.

      Sec. 7.  NRS 482.330 is hereby amended to read as follows:

      482.330  1.  Upon issuance of a dealer’s, distributor’s, manufacturer’s or rebuilder’s license certificate pursuant to NRS 482.322, the department shall furnish to the manufacturer, distributor, dealer or rebuilder one or more registration certificates and special plates for use on vehicles which come within the provisions of NRS 482.320. Each plate must have displayed upon it the identification number which is assigned to the dealer, distributor, manufacturer or rebuilder, and may at the discretion of the department have a different letter or symbol on each plate or pair of plates. The [manufacturer, dealer or rebuilder] manufacturer’s, distributor’s, dealer’s or rebuilder’s license plates may be used interchangeably on that vehicle.

      2.  [The department shall by regulation determine the number of manufacturer, dealer or rebuilder license plates to which each manufacturer, dealer or rebuilder is entitled, which, in the case of a dealer, must be at least three more than the number of salesmen in his employ.] The department shall issue to each dealer a reasonable number of registration certificates and license plates.

      3.  The department may [also] provide by regulation for the issuance to dealers or rebuilders of special license plates and for the number of those plates for use on vehicles loaned by those dealers or rebuilders to customers in the course of business. The regulations, if adopted, must provide what use may be made of the plates.

      Sec. 8.  NRS 482.335 is hereby amended to read as follows:

      482.335  1.  No [such] manufacturer, distributor, dealer or rebuilder [shall] may operate any vehicle owned or controlled by him upon any public highway, or permit it to be so operated, unless [number] license plates assigned to him are attached thereto in the manner specified in this chapter.

      2.  It shall be lawful for a manufacturer , distributor or dealer to operate new vehicles without the plates being attached thereto from the railroad depot, warehouse or other place of storage to the place of business of [such] that manufacturer , distributor or dealer where the depot, warehouse or place of storage is within the same city or town or not more than 5 miles from the place of business.

 


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

ê1983 Statutes of Nevada, Page 1003 (Chapter 403, SB 270)ê

 

depot, warehouse or place of storage is within the same city or town or not more than 5 miles from the place of business.

      Sec. 9.  NRS 482.345 is hereby amended to read as follows:

      482.345  1.  Except as provided in subsection 6, before any dealer’s license, dealer’s plate, special dealer’s plate [or] , rebuilder’s license or rebuilder’s plate , distributor’s license or distributor’s plate or manufacturer’s license or manufacturer’s plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make an application for such a [dealer] license and [dealer] plate [or a rebuilder license and rebuilder plate] upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of [$10,000] $50,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer , distributor, manufacturer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer , distributor, manufacturer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of the dealer, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than [$1,000.] $5,000.

      2.  A manufacturer , distributor, rebuilder or dealer who manufactures , distributes or sells only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $1,000 regardless of the length of time he has been in business.

      3.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.

      4.  The undertaking on the bond includes any fraud or fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesman of any licensed dealer , manufacturer or rebuilder [acting] who acts for the dealer, distributor, manufacturer or rebuilder on his behalf and within the scope of the employment of the representative or the salesman.

      5.  The bond must provide that any person injured by the action of the dealer, distributor, rebuilder , manufacturer, representative or salesman in violation of any provisions of this chapter may bring an action on the bond.

      6.  The provisions of this section do not apply to a manufacturer without an established place of business in this state.

      Sec. 10.  NRS 482.352 is hereby amended to read as follows:

      482.352  1.  The department may deny the issuance of , suspend or revoke a [dealer’s or rebuilder’s] license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:

 

 


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

ê1983 Statutes of Nevada, Page 1004 (Chapter 403, SB 270)ê

 

or revoke a [dealer’s or rebuilder’s] license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:

      (a) Failure of the applicant to have an established place of business in this state.

      (b) [That the applicant or licensee has been convicted] Conviction of a felony in the State of Nevada or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the director. For the purpose of this subsection, failure to comply with the directives of the director advising the licensee of his noncompliance with any [provisions] provision of the motor vehicle laws of this state or [rules and] regulations of the department, within 10 days after receipt of [such] the directive, is prima facie evidence of willful failure to comply with [such] the directive.

      (f) Failure or refusal to furnish and keep in force any bond.

      (g) Failure on the part of [such] the licensee to maintain a fixed place of business in this state.

      (h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against [such] the licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.

      (i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.

      2.  The director [shall not be limited to the above grounds but] may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.

      Sec. 11.  NRS 482.353 is hereby amended to read as follows:

      482.353  1.  The applicant or licensee may, within 30 days after receipt of the notice of denial , suspension or revocation, petition the director in writing for a hearing.

      2.  Subject to the further requirements of subsection 3, the director shall make written findings of fact and conclusions and grant or finally deny the application or revoke the license within 15 days after the hearing unless by interim order he extends the time to 30 days after the hearing. If the license has been temporarily suspended, the suspension expires no later than 15 days after the hearing.

      3.  If the director finds that the action is necessary in the public interest, upon notice to the licensee, he may temporarily suspend or refuse to renew the license certificate issued to a manufacturer, distributor, dealer , lessor or rebuilder and the special plates issued to a manufacturer , distributor, lessor, rebuilder or dealer for a period not to exceed 30 days. A hearing must be held, and a final decision rendered within 30 days after notice of the temporary suspension.

 


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

ê1983 Statutes of Nevada, Page 1005 (Chapter 403, SB 270)ê

 

      4.  The director [or his agent] may issue subpenas for the attendance of witnesses and the production of evidence.

      Sec. 12.  NRS 482.361 is hereby amended to read as follows:

      482.361  Notwithstanding the provisions of chapter 371 of NRS and this chapter or any other law, no dealer , distributor or rebuilder [shall be] is required to pay any privilege tax, either as a tax on inventory or on individual vehicles, on any vehicle of which [such] the dealer , distributor or rebuilder takes possession and [which he] holds for sale in the ordinary course of his business.

      Sec. 13.  NRS 482.363 is hereby amended to read as follows:

      482.363  1.  Any person, other than a new or used vehicle dealer licensed under the provisions of NRS 482.325, who engages in the leasing of vehicles in this state as a long-term or short-term lessor, shall:

      (a) Secure a license from the department to conduct the leasing business;

      (b) Post a bond;

      (c) Furnish the department with any other information as may be required;

      (d) Comply with the terms and conditions of this chapter which apply to vehicle dealers; and

      (e) Pay a fee of [$25.] $125.

      2.  Any person employed by a long-term lessor licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services, and any person employed by a short-term lessor who sells, offers or displays for sale or exchange vehicles which are owned by such short-term lessor shall, before commencing operations, and annually thereafter:

      (a) Secure from the department a license to act as a salesman of such services; and

      (b) Comply with the terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.

      3.  Licenses issued pursuant to subsection 1 expire on December 31 of each year. Before December 31 of each year, licensees shall furnish the department with an application for renewal of the license accompanied by an annual fee of [$25.] $50. The renewal application must be provided by the department and must contain information required by the department.

      4.  The provisions of NRS 482.352, relating to the denial, revocation or suspension of [dealers’ or rebuilders’] licenses, apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation , suspension and transfer of vehicle salesmen’s licenses, apply to licenses issued pursuant to the provisions of subsection 2.

      Sec. 14.  NRS 482.385 is hereby amended to read as follows:

      482.385  1.  Except as otherwise provided in subsection 4 and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration [number] license plate [or plates] issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.

 


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

ê1983 Statutes of Nevada, Page 1006 (Chapter 403, SB 270)ê

 

this state has displayed upon it the registration [number] license plate [or plates] issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.

      2.  This section does not:

      (a) Prohibit the use of manufacturers’ , distributors’ or dealers’ license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.

      (b) Require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

      3.  When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.

      4.  Any resident operating a motor vehicle upon a highway of this state [,] which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause this vehicle to be registered within 45 days after beginning its operation within this state.

      5.  A person registering a vehicle pursuant to the provisions of subsections 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He must be allowed credit on these taxes and fees for the unused months of his previous registration. The fee provided in subsection 9 of NRS 482.480 must not be prorated. Those fees that are to be prorated will be prorated based upon Nevada registration fees and privilege taxes and reduced by one-twelfth for each month remaining on the registration period in the state of former residence.

      6.  If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as provided in NRS 482.390, 482.395 and NRS 706.801 to 706.861, inclusive.

      7.  An owner registering a vehicle under the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.

      Sec. 15.  NRS 482.490 is hereby amended to read as follows:

      482.490  Each person [applying] who applies for a [manufacturer, dealer or rebuilder] manufacturer’s, distributor’s, dealer’s or rebuilder’s license plate, or pair of plates [must] shall pay at the time of application, in lieu of any other fees specified in this chapter, a fee according to the following schedule:

 

For each plate or pair of plates for a motor vehicle, including a motorcycle              $12

For plates for a trailer or semitrailer...............................................................        12

 


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

ê1983 Statutes of Nevada, Page 1007 (Chapter 403, SB 270)ê

 

      Sec. 16.  NRS 482.547 is hereby amended to read as follows:

      482.547  1.  It is unlawful for any person to sell, offer to sell [,] or display for sale any motor vehicle unless [such] the person is:

      (a) The lienholder, owner or registered owner of [such] the vehicle;

      (b) A repossessor of [such] the vehicle, or holder of a statutory lien on [such] the vehicle, selling the vehicle on a bid basis; or

      (c) A manufacturer, distributor, rebuilder, lessor or dealer licensed under the provisions of this chapter.

      2.  The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a motor vehicle pursuant to powers or duties granted or imposed by law.

      3.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 17.  NRS 487.290 is hereby amended to read as follows:

      487.290  1.  Unless he first obtains a license pursuant to NRS 487.050, no person may for any reason keep more than two unregistered vehicles on real property owned by him or under his possession or control if such vehicles are no longer intended for or in condition for lawful use on the highway.

      2.  The provisions of subsection 1 do not apply to:

      (a) Premises used by a licensed dealer, manufacturer , distributor or rebuilder.

      (b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.

      (c) Premises used as a farm, ranch, mine or [motor vehicle] repair shop [.] for motor vehicles.

      (d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.

      Sec. 18.  NRS 706.741 is hereby amended to read as follows:

      706.741  1.  Notwithstanding the provisions of NRS 482.320 and the provisions of NRS 706.091 and 706.526, [such sections relating to motor convoy carriers,] it shall be lawful for any manufacturer , distributor or dealer in or rebuilder of motor vehicles [, as such are defined in NRS 706.096,] having an established place of business in this state to operate, drive or tow any [such] motor vehicles over and along the highways of this state [,] when [such] the motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the department the license and paying the motor convoy fee therefor.

      2.  [No such] A manufacturer, distributor, dealer or rebuilder shall not operate, drive or tow any such motor vehicle unless there are attached thereto the license plates required by law of all such manufacturers, distributors, dealers or rebuilders, or a permit from the department provided for in NRS [482.3211 and] 482.3212.

      Sec. 19.  NRS 482.3211 and 482.3266 are hereby repealed.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1008ê

 

CHAPTER 404, AB 149

Assembly Bill No. 149–Committee on Natural Resources, Environment and Agriculture

CHAPTER 404

AN ACT relating to livestock; allowing certain transportation of animals by common carrier out of a brand inspection district without an inspection; providing additional restrictions on their entry into this state; providing an additional penalty for unlawfully moving an animal across the boundaries of a brand inspection district; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 565.090 is hereby amended to read as follows:

      565.090  1.  It [shall be] is unlawful for any person [or persons] to drive or otherwise remove, [other than by common carrier,] any animals out of a brand inspection district created under the provisions of this chapter, until [such] the animals have been inspected [by an inspector of the department] and a brand inspection clearance certificate is issued by the department [covering the same,] or a written permit from the department [or an authorized inspector of the same] has been issued [them authorizing such] authorizing the movement without brand inspection.

      2.  Any person [or persons] contemplating the driving or movement of any animals out of [any such] a brand inspection district [, except by common carrier,] shall notify the [office of the] department or an inspector thereof of [such] his intention, stating:

      (a) The place at which it is proposed to cross the border of [such] the brand inspection district with [such] the animals.

      (b) The number and kind of [such] the animals.

      (c) The owner [or owners of the same.] of the animals.

      (d) The brands [or brands] and marks of [any such] the animals claimed by each [such owner or owners and, if the same] owner and, if they are other than the brands [or brands] and marks legally recorded in the name [or names of such claimants,] of the owner, information as to what [such] the claim to ownership or legal possession is based upon.

      (e) The date of the proposed movement across the border of [such] the brand inspection district and the destination of [such] the movement.

      (f) A statement as to where [such] the animals will be held for brand inspection . [as provided for in this chapter.

      3.  The provisions of this section shall not be construed to]

      3.  This section does not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district [created under the provisions of this chapter] but contiguous to [the same] that district and which are being moved from one portion of [any such] the accustomed range to another merely for [the purpose of] pasturing and grazing thereon.

      4.  All the provisions of this section [shall] apply at all times to the movement of any animals [other than by common carrier] across the Nevada state line to any point outside of the State of Nevada, excepting animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of [such] the accustomed range merely for [the purpose of] pasturing and grazing thereon.

 


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

ê1983 Statutes of Nevada, Page 1009 (Chapter 404, AB 149)ê

 

the movement of any animals [other than by common carrier] across the Nevada state line to any point outside of the State of Nevada, excepting animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of [such] the accustomed range merely for [the purpose of] pasturing and grazing thereon.

      5.  In addition to the penalty imposed in NRS 565.170, a person who violates subsection 1 is:

      (a) For the first violation, subject to an immediate brand inspection of the animals by the department and shall reimburse the department for its time and mileage and pay the usual fees for the brand inspection.

      (b) For the second and any subsequent violation, ineligible for a permit to move any livestock without brand inspection until the state board of agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.

      Sec. 2.  NRS 571.210 is hereby amended to read as follows:

      571.210  1.  Livestock not under special quarantine by the State of Nevada, the Federal Government, or the state, territory or district of origin may enter the State of Nevada [in accordance with the regulations of the Federal Government in effect at the time, and] in compliance with [rules and] regulations [promulgated] adopted by the state quarantine officer.

      2.  Notice [of] that livestock is in transit [shall not be required unless such] is not required unless the livestock remains in the state, or is to be unloaded to feed and rest for a period longer than 48 hours.

      3.  No person, his agents or employees may bring livestock into this state unless he has obtained a health certificate showing that the livestock is free from contagious, infectious or parasitic diseases or exposure thereto. This requirement does not apply to animals whose accustomed range is on both sides of the Nevada state line and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon. The state quarantine officer shall adopt regulations concerning the form of the certificate.

      4.  No person may:

      (a) Alter a health certificate; or

      (b) Divert livestock from the destination described on the health certificate without notifying the state quarantine officer within 72 hours after the diversion of the livestock.

      5.  Any livestock brought into this state without complying with this section may be seized, destroyed or sent out of this state by the state quarantine officer within 48 hours. The expense of seizing, destroying or removing the livestock must be paid by the owner or his agent in charge of the livestock and the expense is a lien on the livestock, unless it was destroyed, until paid.

      Sec. 3.  NRS 565.080 is hereby repealed.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1010ê

 

CHAPTER 405, SB 429

Senate Bill No. 429–Senator Blakemore

CHAPTER 405

AN ACT relating to coroners’ juries; increasing the compensation for the jurors; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 259.080 is hereby amended to read as follows:

      259.080  1.  Jurors of coroners’ juries (with not more than three persons upon the jury) are entitled to receive for each day’s service [$6,] $15, to be certified to the county clerk by the justice of the peace, and audited, allowed and paid as are other claims against the county.

      2.  When it is necessary for a coroner’s jury to travel a greater distance than 1 mile to view the remains, or to the place where the [inquisition] inquest is to be held, the necessary and actual expenses incurred for the transportation of the jury [shall] must be allowed, audited and paid as are other claims against the county, after having been duly certified [to] by the justice of the peace.

 

________

 

 

CHAPTER 406, AB 555

Assembly Bill No. 555–Committee on Labor and Management

CHAPTER 406

AN ACT relating to industrial insurance; reducing the term of appeals officers; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.542 is hereby amended to read as follows:

      616.542  1.  The governor shall appoint one or more appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Each appeals officer shall hold office for [4] 2 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law [for employees] and is in the unclassified service of the state.

      2.  Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years. An appeals officer shall not engage in the private practice of law.

      3.  If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case and the governor may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer is entitled to be paid at an hourly rate, based upon the appeals officer’s salary.

 


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

ê1983 Statutes of Nevada, Page 1011 (Chapter 406, AB 555)ê

 

appeals officer is entitled to be paid at an hourly rate, based upon the appeals officer’s salary.

      4.  The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under this chapter or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 407, AB 442

Assembly Bill No. 442–Committee on Ways and Means

CHAPTER 407

AN ACT relating to the department of motor vehicles; requiring that the expenses of administering the drivers’ license division of the department of motor vehicles be paid from and its revenues paid into the state highway fund; increasing the fees for certain licenses and endorsements; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.083 is hereby amended to read as follows:

      481.083  1.  Except for the operation of the [drivers’ license division] peace officers’ standards and training committee 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. 2.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  For every driver’s license, including a motorcycle driver’s license, issued and service performed the following fees must be charged:

 

A license issued to a person 70 years of age or older............................. [$2]     $4

An original license issued to any other person................................................         9

A renewal license issued to any other person.......................................... [$6]     $9

Reinstatement of a license after suspension, revocation or cancellation.      15

A duplicate license, new photograph, change of name, change of address or any combination.............................................................................................. [2]        3

 

      2.  For every motorcycle endorsement to a driver’s license a [$2] $3 fee must be charged.

 


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

ê1983 Statutes of Nevada, Page 1012 (Chapter 407, AB 442)ê

 

      3.  The increase in fees authorized by NRS 483.347 must be paid in addition to the fees charged pursuant to subsections 1 and 2.

      4.  A penalty of $5 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in section 6 of [this act] Senate Bill No. 249 of the 62nd session unless he is exempt under that section.

      5.  All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.

      6.  All money collected by the department under this chapter must be deposited in the state treasury for credit to the motor vehicle fund. [When directed by the department, the state controller shall transfer on a semimonthly basis to the state general fund all money collected under this chapter except the increase in fees authorized by NRS 483.347.]

      Sec. 3.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 408, AB 378

Assembly Bill No. 378–Committee on Government Affairs

CHAPTER 408

AN ACT relating to meetings of public bodies; providing that actions taken in violation of statutory requirements for public meetings are void; authorizing the attorney general to maintain a suit to have such actions enjoined or declared void; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 241 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  The action of any public body taken in violation of any provision of this chapter is void.

      Sec. 3.  1.  The attorney general may maintain in any court of competent jurisdiction a suit to have an action taken by a public body declared void or for an injunction against any public body or person to require compliance with or prevent violations of the provisions of this chapter. The injunction:

      (a) May be issued without proof of actual damage or other irreparable harm sustained by any person.

      (b) Does not relieve any person from criminal prosecution for the same violation.

      2.  Any person denied a right conferred by this chapter may commence a suit in the district court of the district in which the public body ordinarily holds its meetings or in which the plaintiff resides. A suit may seek to have an action taken by the public body declared void, to require compliance with or prevent violations of this chapter or to determine the applicability of this chapter to discussions or decisions of the public body.

 


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

ê1983 Statutes of Nevada, Page 1013 (Chapter 408, AB 378)ê

 

or to determine the applicability of this chapter to discussions or decisions of the public body. The court may order payment of reasonable attorney’s fees and court costs to a successful plaintiff in a suit brought under this subsection.

      3.  Any suit brought against a public body pursuant to subsection 1 or 2 to require compliance with the provisions of this chapter or to have an action declared void must be commenced within 60 days after the action objected to was taken by that public body in violation of this chapter.

      Sec. 4.  The board of regents of the University of Nevada shall establish for the student governments within the University of Nevada System requirements equivalent to those of this chapter, and shall provide for their enforcement.

      Sec. 5.  NRS 241.040 is hereby amended to read as follows:

      241.040  1.  Each member of a public body who attends a meeting of that public body where action is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor.

      2.  Wrongful exclusion of any person or persons from a meeting is a misdemeanor.

      3.  A member of a public body who attends a meeting of that public body at which action is taken in violation of this chapter is not the accomplice of any other so attending.

      4.  The attorney general shall investigate and prosecute any violation of this chapter.

      [5.  Any person denied a right conferred by this chapter may commence a suit in the district court of the district in which the public body ordinarily holds its meetings or in which the plaintiff resides. A suit may seek to require compliance with or prevent violations of this chapter or to determine the applicability of this chapter to discussions or decisions of the public body.

      6.  The court may order payment of reasonable attorney’s fees and court costs to a successful plaintiff in a suit brought under this section.

      7.  The board of regents of the University of Nevada shall establish for the student governments within the University of Nevada System requirements equivalent to those of this chapter, and shall provide for their enforcement.]

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1014ê

 

CHAPTER 409, AB 409

Assembly Bill No. 409–Assemblymen Price, Bourne, Malone, Nevin, Marvel, Collins, Kovacs, Banner, Ham, Getto, Vergiels, Beyer, Thomas, Zimmer, Swain, Francis, Bilyeu, Joerg, Kerns, Sedway, Craddock, DuBois, Berkley, Humke, Chaney, Thompson, Redelsperger, Nicholas, Dini, Stewart, Bogaert, Fay and Stone

CHAPTER 409

AN ACT relating to motor vehicles; providing penalties for the accidental death of or injury to a person which is caused by a driver who is fleeing from a peace officer; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.040 is hereby amended to read as follows:

      200.040  1.  Manslaughter [is] :

      (a) Is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation [. It] ; or

      (b) Results from the accidental death of another human being as a result of a violation of NRS 484.348.

      2.  Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible; or, involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection.

      Sec. 2.  NRS 200.070 is hereby amended to read as follows:

      200.070  Except under the circumstances provided in NRS 484.377 : [, involuntary]

      1.  Involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner; but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.

      2.  If a person dies otherwise than of natural causes as a result of a violation of NRS 484.348, and no person intentionally caused his death, the driver is guilty of involuntary manslaughter.

      Sec. 3.  NRS 484.348 is hereby amended to read as follows:

      484.348  1.  Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a visual or audible signal to bring his vehicle to a stop , is guilty of a misdemeanor.

      2.  The signal by the peace officer described in subsection 1 may be by flashing red lamp or siren.

      3.  Except under the circumstances provided in NRS 484.377, if a violation of this section results in substantial bodily harm to any person, the driver is guilty of a gross misdemeanor.

      4.  As used in this section, “regulatory agency” means any agency granted police or enforcement powers under NRS 407.065, 472.040, 481.048, 481.049, 501.349, 565.155, 703.155 or 706.8821.

 


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ê1983 Statutes of Nevada, Page 1015 (Chapter 409, AB 409)ê

 

granted police or enforcement powers under NRS 407.065, 472.040, 481.048, 481.049, 501.349, 565.155, 703.155 or 706.8821.

      Sec. 4.  NRS 484.377 is hereby amended to read as follows:

      484.377  1.  It is unlawful for any person to : [drive any vehicle in:

      (a) Willful]

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.

      (b) [An] Fail willfully or refuse to stop his vehicle under the circumstances provided in subsection 1 of NRS 484.348.

      (c) Drive a vehicle in an unauthorized speed contest on a public highway.

A violation of this subsection constitutes reckless driving.

      2.  Any person who does not act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, [which] if the act or neglect of duty proximately causes the death of or substantial bodily harm to any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

 

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CHAPTER 410, AB 191

Assembly Bill No. 191–Assemblymen Redelsperger, Vergiels, Price, Brady, Zimmer, Joerg, Swain, Getto, Francis, Malone, May, Dini, Bremner, Marvel, Bergevin and Nicholas

CHAPTER 410

AN ACT relating to taxation; enacting an excise tax on fuel for jet or turbine-powered aircraft; and providing other matters properly relating thereto.

 

[Approved May 19, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Secs. 1 through 7.  (Deleted by amendment.)

      Sec. 8.  Chapter 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

      Sec. 9.  “Aviation fuel” means motor vehicle fuel specially refined for use in the propulsion of aircraft, but does not include fuel for jet or turbine-powered aircraft.

      Sec. 10.  “Fuel for jet or turbine-powered aircraft” means any inflammable liquid other than aviation fuel used for the propulsion of aircraft having jet or turbine type engines.

      Sec. 11.  NRS 365.020 is hereby amended to read as follows:

      365.020  1.  “Dealer” means [and includes] every person who:

      (a) Refines, manufactures, compounds or otherwise produces motor vehicle fuel or fuel for jet or turbine-powered aircraft and sells or distributes the same in this state.

 


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

ê1983 Statutes of Nevada, Page 1016 (Chapter 410, AB 191)ê

 

      (b) Imports motor vehicle fuel or fuel for jet or turbine-powered aircraft into this state and sells or distributes [the same] it therein, whether in the original package or container in which it is imported or otherwise, or who uses the motor vehicle fuel or fuel for jet or turbine-powered aircraft in this state after having imported the [same.] fuel.

      (c) Having acquired motor vehicle fuel or fuel for jet or turbine-powered aircraft in this state in the original package or container, distributes or sells [the same] it in [such] the original package or container or otherwise, or in any manner uses the [same.] fuel.

      (d) Otherwise acquires in this state for sale, use or distribution in this state motor vehicle fuel or fuel for jet or turbine-powered aircraft with respect to which there has been no prior taxable sale, use or distribution.

      2.  “Dealer” [shall] does not include any person who [shall import] imports into this state motor vehicle fuel or fuel for jet or turbine-powered aircraft in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under this chapter and who [shall assume] assumes liability for the collection and remittance of the applicable excise tax to this state.

      Sec. 12.  NRS 365.030 is hereby amended to read as follows:

      365.030  All motor vehicle fuel and fuel for jet or turbine-powered aircraft which is sold, donated, consigned for sale, bartered, used or in any way voluntarily disposed of so as to terminate the ownership and possession thereof by the dealer or any other person who imports such [motor vehicle] fuel owned by him shall be deemed to be distributed [and considered as distribution] under this chapter.

      Sec. 13.  NRS 365.060 is hereby amended to read as follows:

      365.060  “Motor vehicle fuel” means [and includes] gasoline, natural gasoline, casinghead gasoline and any other inflammable or combustible liquid, by whatever name such liquid may be known or sold, the chief use of which in this state is for the propulsion of motor vehicles, motorboats or [airplanes,] aircraft other than jet or turbine-powered aircraft. Kerosene, gas oil, fuel oil, [jet aircraft fuel,] fuel for jet or turbine-powered aircraft, diesel fuel and liquefied petroleum gas [shall not be] are not considered motor vehicle fuel for the purposes of this chapter.

      Sec. 14.  NRS 365.080 is hereby amended to read as follows:

      365.080  “Retailer” means [and includes] every person, other than a dealer as defined in NRS 365.020, who is engaged in the business of selling motor vehicle fuel [.] or fuel for jet or turbine-powered aircraft.

      Sec. 15.  NRS 365.140 is hereby amended to read as follows:

      365.140  The department shall, upon a request [duly received] from the officials to whom [are] is entrusted the enforcement of the motor vehicle fuel tax laws of any other state, [provided such] if the other state furnishes like information to this state, forward [to such officer] any information which it may have in its possession relative to the manufacture, receipt, sale, use, transportation or shipment by any person of motor vehicle fuel [.]

 


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ê1983 Statutes of Nevada, Page 1017 (Chapter 410, AB 191)ê

 

person of motor vehicle fuel [.] or fuel for jet or turbine-powered aircraft.

      Sec. 16.  NRS 365.170 is hereby amended to read as follows:

      365.170  1.  Every dealer shall, not later than the 25th day of each calendar month:

      (a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all [motor vehicle] such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and

      (b) Pay an excise tax of:

             (1) One cent per gallon on all fuel for jet or turbine-powered aircraft;

             (2) Eight cents per gallon on petroleum-ethanol mixture; or

             [(2)](3) Nine cents per gallon on all other motor vehicle fuel,

so sold, distributed or used, in the manner and within the time prescribed in this chapter.

      2.  The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:

      (a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and

      (b) A remittance of the estimated tax is made when due.

Any dealer to whom an extension is granted shall pay, in addition to any delinquent tax due, interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax would have been due without the extension to the date of payment.

      3.  Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.

      Sec. 17.  NRS 365.210 is hereby amended to read as follows:

      365.210  No county, city or other political subdivision or municipal corporation [shall] may levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel , fuel for jet or turbine-powered aircraft or any other inflammable or combustible liquids except:

      1.  The county motor vehicle fuel tax authorized by chapter 373 of NRS.

      2.  Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.

      3.  County and city business license taxes where otherwise authorized by law.

 


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

ê1983 Statutes of Nevada, Page 1018 (Chapter 410, AB 191)ê

 

      Sec. 18.  NRS 365.220 is hereby amended to read as follows:

      365.220  The provisions of this chapter requiring the payment of excise taxes [shall] do not apply to any of the following:

      1.  Motor vehicle fuel so long as it remains in interstate or foreign commerce.

      2.  Motor vehicle fuel or fuel for jet or turbine-powered aircraft exported from this state by a dealer.

      3.  Motor vehicle fuel or fuel for jet or turbine-powered aircraft sold to the United States Government for official use of the United States Armed Forces.

      4.  Motor vehicle fuel or fuel for jet or turbine-powered aircraft distributed, or delivered on the order of the owner, to a dealer who has furnished bond and security in the amount prescribed in NRS 365.290 and who has established to the satisfaction of the department that the bond is sufficient security to assure payment of all excise taxes as they may become due to the state from him under this chapter. Every dealer [claiming] who claims an exemption shall report the distributions to the department in such detail as the department may require; otherwise, the exemption granted in this subsection [shall be] is void and all fuel [shall be] is considered distributed in this state subject fully to the provisions of this chapter.

      Sec. 19.  NRS 365.230 is hereby amended to read as follows:

      365.230  1.  The provisions of this chapter requiring the payment of excise taxes [shall] do not apply to motor vehicle fuel or fuel for jet or turbine-powered aircraft sold by a dealer in individual quantities of 500 gallons or less for export to another state or country by the purchaser other than in the supply tank of a motor vehicle [,] or an aircraft, [provided such] if the dealer is licensed in the state of destination to collect and remit the applicable destination state taxes thereon.

      2.  In support of any exemption from taxes on account of sales of motor vehicle fuel or fuel for jet or turbine-powered aircraft in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his files for at least 3 years an export certificate executed by the purchaser in such form and containing such information as [shall be] is prescribed by the department. This certificate [shall be] is prima facie evidence of the exportation of the motor vehicle fuel or fuel for jet or turbine-powered aircraft to which it applies only if accepted by the dealer in good faith. [However, should the purchaser not export] If the purchaser fails to export any part of the motor vehicle fuel or fuel for jet or turbine-powered aircraft covered by the certificate , he shall [be required to] remit to the department immediately thereafter the applicable amount in taxes due on [such] the part not exported. Upon failure to do so [such] the purchaser [shall be] is subject to all penalties in this chapter for delinquency in payment of taxes.

      Sec. 20.  NRS 365.240 is hereby amended to read as follows:

      365.240  1.  Every dealer shall report such exports and sales to the department at such times, on such forms and in such detail as the department may require.

 


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

ê1983 Statutes of Nevada, Page 1019 (Chapter 410, AB 191)ê

 

      2.  Every dealer shall mark clearly upon each invoice rendered for sales upon which no excise tax is required under NRS 365.220 and 365.230 “Ex Nevada Motor Vehicle Fuel [Tax.”] Tax” or “Ex Nevada Fuel for Jet or Turbine-Powered Aircraft Tax,” whichever is applicable.

      Sec. 21.  NRS 365.250 is hereby amended to read as follows:

      365.250  Any claim for exemption from excise tax on account of motor vehicle fuel or fuel for jet or turbine-powered aircraft exported by a dealer to another state, other than stock transfers or deliveries in his own equipment, must be made by the dealer within 6 months after the date of the export unless the state or territory of destination would not be prejudiced with respect to its collection of taxes thereon should the claim not be made within [such] that time.

      Sec. 22.  NRS 365.340 is hereby amended to read as follows:

      365.340  1.  If the amount of any excise tax for any month is not paid to the state on or before the 25th day of the next month thereafter as prescribed by this chapter, it [shall become] becomes delinquent at the close of business on that day, and a penalty of 1 percent of [such] the excise tax [shall] must be added thereto for delinquency together with interest at the rate of 1 percent per month or fraction thereof until paid; but in no case [shall] may the penalty be less than $10 nor more than $300.

      2.  If [such] the tax is not received on or before the close of business on the last day of the month in which payment is due, a penalty of 5 percent [shall] must be added thereto in addition to the penalty and interest provided for in subsection 1. The dealer or user may have up to 15 additional days to make [such] the payment, if he makes application to the department and the department finds good cause for such extension.

      3.  The proceeds from any [such] penalty assessments so levied [shall] must be allocated proportionately to the state highway fund [and] , the county gas tax funds , the account for taxes on aviation fuel and the account for taxes on fuel for jet or turbine-powered aircraft by the department.

      Sec. 23.  NRS 365.370 is hereby amended to read as follows:

      365.370  Any person who exports any motor vehicle fuel or fuel for jet or turbin-powered aircraft from this state, or who sells any such fuel to the United States Government for official use of the United States Armed Forces, or who buys and uses any such fuel for purposes other than [in and] for the propulsion of motor vehicles [,] or jet or turbine-powered aircraft, and who has paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of the tax by the vendor from the customer or indirectly by the addition of the amount of the tax to the price of the fuel, must be reimbursed and repaid the amount of the tax so paid by him except as follows:

      1.  Refund claims must be paid by prescribed classes in accordance with the department’s regulations.

 


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

ê1983 Statutes of Nevada, Page 1020 (Chapter 410, AB 191)ê

 

      2.  The minimum claim for refund must be based on at least 200 gallons purchased and used in a 6-month period.

      3.  No refund of motor vehicle fuel taxes may be made for off-highway use of motor vehicle fuel consumed in watercraft in this state for recreational purposes.

      Sec. 24.  NRS 365.380 is hereby amended to read as follows:

      365.380  1.  A claimant for refund [shall] must present to the department a refund claim form accompanied by the original invoices showing the purchase. The refund forms [shall] must state the total amount of [such] fuel so purchased and used [by the consumer] otherwise than for the propulsion of motor vehicles or jet or turbine-powered aircraft and the manner and the equipment in which the claimant has used the [same.] fuel.

      2.  A claimant for refund of tax on motor vehicle fuel or fuel for jet or turbine-powered aircraft purchased and exported from this state shall execute and furnish to the department a certificate of exportation on such form as may be prescribed by the department.

      3.  An invoice to qualify for refund [shall] must contain at least:

      (a) The number of gallons of [motor vehicle] fuel purchased;

      (b) The price per gallon;

      (c) The total purchase price of the [motor vehicle] fuel; and

      (d) Such other information as may be prescribed by the department.

      4.  The signature on the refund claim form [shall subject] subjects the claimant to the charge of perjury for false statements contained on the refund application.

      5.  Daily records [shall] must be maintained and preserved for a period of 3 years for audit purposes of all motor vehicle fuel and fuel for jet or turbine-powered aircraft used. The record [shall] must set forth:

      (a) The piece of equipment being supplied with the fuel;

      (b) The number of gallons of fuel used in each fill; and

      (c) The purpose for which the piece of equipment will be used.

The gasoline fills [shall] must be further classified as to on- or off-highway use.

      6.  [When] If a motor vehicle with auxiliary equipment consumes motor vehicle fuel and there is no auxiliary motor or separate tank for [such] the motor, a refund of 20 percent of the tax paid on the fuel used in [such] the vehicle may be claimed without the necessity of furnishing proof of the amount of fuel consumed in the operation of the auxiliary equipment. Where claims for refund exceed 20 percent the department shall, by [rule and] regulation, establish uniform refund provisions for the respective classes of users.

      7.  No person may be granted a refund of motor vehicle fuel taxes for off-highway use when [such] the consumption takes place on highways constructed and maintained by public funds, on federal proprietary lands or reservations where the claimant has no ownership or control over [such] the land or highways, except when [such] the person is under a contractual relationship with the Federal Government or one of its agencies and is engaged in the performance of his duties pursuant to [such] that relationship.

 


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

ê1983 Statutes of Nevada, Page 1021 (Chapter 410, AB 191)ê

 

pursuant to [such] that relationship. Employment of [an individual] a person by the Federal Government or any of its agencies does not constitute a contractual relationship for the purpose of this subsection.

      8.  When in the opinion of the department it would be beneficial to the state for a refund claimant to become a licensed dealer, [such] the claimant may, at the option of the department, be required to become a licensed dealer rather than a refund claimant unless [such] the claimant chooses to claim refunds at the tax rate, less 2 percent.

      Sec. 25.  NRS 365.420 is hereby amended to read as follows:

      365.420  Except as provided in section 1 of [this act,] chapter 206, Statutes of Nevada 1983, all:

      1.  Applications for refund based upon exportation of motor vehicle fuel or fuel for jet or turbine-powered aircraft from this state must be filed with the department within 3 months from the date of exportation.

      2.  Other applications, together with the necessary supporting evidence, must be filed with the department within 6 months from the date of purchase.

      3.  Rights to refunds are forfeited if applications are not filed with the department within the times prescribed in this section.

      Sec. 26.  NRS 365.430 is hereby amended to read as follows:

      365.430  1.  [Except as otherwise provided in NRS 494.043, all] All claims for refunds under this chapter must be paid from the state highway fund , the account for taxes on aviation fuel or the account for taxes on fuel for jet or turbine-powered aircraft upon claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.

      2.  Any refunds to be made of the taxes provided for in NRS 365.180 and 365.190 must be paid in the manner provided in this chapter and deducted from the amount of any later payment to the county or counties in which the taxes were collected.

      Sec. 27.  NRS 365.440 is hereby amended to read as follows:

      365.440  In lieu of the collection and refund of the tax on motor vehicle fuel or fuel for jet or turbine-powered aircraft used by a dealer in such a manner as would entitle a purchaser to claim refund under the provisions of this chapter, or in lieu of the refund of any prior erroneous payment of tax on motor vehicle fuel or fuel for jet or turbine-powered aircraft to the department made by a dealer, credit may be given the dealer upon this tax return and assessment.

      Sec. 28.  NRS 365.500 is hereby amended to read as follows:

      365.500  1.  Every dealer shall cause to be kept a true record, in such form as may be prescribed or approved by the department, of all stocks of motor vehicle fuel and fuel for jet or turbine-powered aircraft and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, transportations, use, sales and distribution thereof.

      2.  Such records [shall be] are subject to inspection at all times within business hours by the department or its [duly] authorized agents, and [shall] must remain [so] available for inspection for a period of 3 years from the date of any entry therein.

 


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

ê1983 Statutes of Nevada, Page 1022 (Chapter 410, AB 191)ê

 

agents, and [shall] must remain [so] available for inspection for a period of 3 years from the date of any entry therein.

      3.  Should any dealer wish to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada for inspection as provided in this section, he [shall] must pay a fee for [such] the examination in an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which the examiner is actually engaged in examining the dealer’s books, plus the actual expenses of the examiner during the time that the examiner is absent from Carson City, Nevada, for the purpose of making [such] the examination; but [such time shall] the time must not exceed 1 day going to and 1 day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing the dealer’s books. Not more than two such examinations [shall] may be charged against any dealer in any year.

      4.  Any [moneys] money received [shall] must be deposited by the department to the credit of the fund or operating account from which the expenditures for the examination were paid.

      5.  Upon the demand of the department or at such times as the tax commission may prescribe by regulation, every dealer shall furnish a statement showing the contents of the records to such extent, in such detail and in such form as the department may require.

      Sec. 29.  NRS 365.510 is hereby amended to read as follows:

      365.510  1.  Every retailer shall maintain and keep within the state for a period of 3 years a true record of motor vehicle fuel or fuel for jet or turbine-powered aircraft received, of the price thereof and the name of the person [supplying the same,] who supplies the fuel, together with delivery tickets, invoices and such other records as the department may require.

      2.  Such records [shall be] are subject to inspection by the department or its [duly] authorized agents at all times within business hours.

      Sec. 30.  NRS 365.520 is hereby amended to read as follows:

      365.520  1.  Every carrier, whether common, contract or private, except a dealer licensed under this chapter or a wholesale distributor transporting the products of a dealer licensed under this chapter, [transporting] who transports motor vehicle fuel [as defined in NRS 365.060] or fuel for jet or turbine-powered aircraft in interstate commerce to or from any point within the State of Nevada shall report to the department all deliveries so made.

      2.  Such report [shall] must cover the period of each calendar month and [shall] must be filed within 25 days after the end of [such] that month. The report [shall] must show:

      (a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made.

      (b) The date of every delivery.

      (c) The amount of every delivery in gallons.

      (d) Such other information as the department may require.

 


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

ê1983 Statutes of Nevada, Page 1023 (Chapter 410, AB 191)ê

 

      3.  The department or its [duly] authorized agents may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with.

      Sec. 31.  NRS 365.530 is hereby amended to read as follows:

      365.530  1.  Every person transporting on any highway of the State of Nevada motor vehicle fuel or fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids in an amount of 25 gallons or more must have in his possession at all times during such transportation an invoice, bill of sale or other document showing the name and address of the seller or consignor and of the buyer or consignee, if any, of the product so transported. He shall produce and exhibit the same to any sheriff, deputy sheriff, police officer or authorized agent of the department upon request or demand.

      2.  Any person engaged in transporting motor vehicle fuel or fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids by tank truck or tank truck and trailer to be delivered to a dealer or any reseller of such products or to persons known to the trade as commercial consumers [shall be] is required only to have in his possession adequate evidence showing the amount of the motor vehicle fuel , fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids loaded in his conveyance at the time the conveyance left its loading point, and the name and address of the dealer who has assumed or is charged with the responsibility for the payment of the tax due thereon, if any. The date of delivery thereto must be furnished the department upon request.

      Sec. 32.  NRS 365.540 is hereby amended to read as follows:

      365.540  1.  The money collected , as prescribed by NRS 365.170 and 365.185, from the tax on motor vehicle fuels, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, [shall] must be placed to the credit of the state highway fund by the state treasurer.

      2.  The money collected , as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, [shall] must be allocated by the department to the counties as prescribed in NRS 365.550 and 365.560.

      3.  The money collected as prescribed by NRS 365.200 [shall] must be allocated by the department as prescribed by NRS 365.550 and 365.560.

      4.  The money collected, as prescribed by NRS 365.170, from the tax on fuel for jet or turbine-powered aircraft, must be deposited by the department with the state treasurer for credit to the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund.

      5.  The money collected from the tax on aviation fuel must be deposited by the department with the state treasurer for credit to the account for taxes on aviation fuel, which is hereby created as a revolving account.

 


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

ê1983 Statutes of Nevada, Page 1024 (Chapter 410, AB 191)ê

 

      Sec. 33.  NRS 365.565 is hereby amended to read as follows:

      365.565  The tax derived from [motor vehicle fuel used in aircraft shall] aviation fuel must be distributed, after payment of refund claims as provided in NRS 365.370 [and 494.043,] , quarterly from the account for taxes on aviation fuel in the following manner:

      1.  There [shall] must be transferred to the Civil Air Patrol fund, hereby created in the state treasury, from the [aviation fuels tax revolving account,] account for taxes on aviation fuel, for the ensuring fiscal year, a sum not to exceed $30,000 or the total amount in [such fund,] the account, whichever is lesser. The amount so transferred [shall] must be expended for the support of Nevada Wing 96 of the Civil Air Patrol and [shall] must be in addition to and separate from any legislative appropriations made to the Civil Air Patrol fund for the support of Nevada Wing 96 of the Civil Air Patrol. [Moneys] Money in the Civil Air Patrol fund [shall] must be paid out only upon claims certified by the wing commander and the wing executive officer and approved by the state board of examiners, in the same manner as other claims against the state are paid. [Moneys] Money in the Civil Air Patrol fund [shall] must be used only by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of headquarters rental and purchase, repair and maintenance of emergency and training equipment. No [moneys] money in the Civil Air Patrol fund may be expended for the purchase of any aircraft.

      2.  There [shall] must be remitted to the county treasurers of the respective counties such portion of the remaining balance in the [aviation fuels tax revolving account] account for taxes on aviation fuel as is proportional to the excise taxes remitted by dealers or users in [such] each county.

      [3.  Such distribution shall be made on a quarterly basis.]

      Sec. 34.  NRS 365.570 is hereby amended to read as follows:

      365.570  1.  It is unlawful for any person:

      (a) To refuse or neglect to make any statement, report or return required by the provisions of this chapter;

      (b) Knowingly to make, or aid or assist any other person in making, a false statement in a report to the department or in connection with an application for refund of any tax;

      (c) Knowingly to collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of any tax without being entitled to the same;

      (d) To engage in business in this state as a dealer or to act as a carrier of motor vehicle fuel [or] , fuel for jet or turbine-powered aircraft, special fuel or other inflammable or combustible liquids without being the holder of an uncanceled license authorizing him to engage in such business or to act in such capacity;

      (e) To sell any motor vehicle fuel or fuel for jet or turbine-powered aircraft upon which the tax imposed by this chapter [shall not be] has not been paid, purchased by or consigned to him by any person other than a [duly] licensed dealer; or

      (f) To act as an agent to sell any motor vehicle fuel [,] or fuel for jet or turbine-powered aircraft, obtained in any manner, upon which the tax imposed by this chapter [shall not be] has not been paid.

 


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

ê1983 Statutes of Nevada, Page 1025 (Chapter 410, AB 191)ê

 

jet or turbine-powered aircraft, obtained in any manner, upon which the tax imposed by this chapter [shall not be] has not been paid.

      2.  Each day or part thereof during which any person [shall engage] engages in business as a dealer without being the holder of an uncanceled license [shall constitute] constitutes a separate offense within the meaning of this section.

      3.  Any person [violating] who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 35.  NRS 494.046 is hereby amended to read as follows:

      494.046  1.  All money remitted to county treasurers pursuant to NRS [494.041 to 494.046, inclusive,] 365.565 must be credited by them to the airport fund of the county.

      2.  The county airport fund must be administered by the board of county commissioners.

      3.  The money in the fund must be available for the planning, establishment, development, construction, enlargement, improvement, operation and maintenance of airports, landing areas and air navigation facilities within the county established, owned or controlled, or to be established, owned or controlled, by the county, any incorporated city or any airport authority created by special legislative act as a quasi-municipal corporation within the county.

      4.  The money in the fund must not be used for any purpose other than as specified in subsection 3.

      5.  If any airport or landing area within a county is owned or controlled by an incorporated city, the money in the county airport fund must be apportioned as follows:

      (a) If the airport or landing area owned or controlled by an incorporated city is the only publicly owned or controlled airport or landing area within the county, all of the money in the fund must be allocated to the incorporated city.

      (b) If town or more incorporated cities within the county own or control airports or landing areas and the county does not own or control any airport or landing area, all of the money in the fund must be apportioned among those incorporated cities in proportion to the assessed valuation of property within the boundaries of such cities.

      (c) If the county and one or more incorporated cities within the county own or control airports or landing areas, all of the money in the fund must be apportioned between the county and the incorporated city or cities in the same ratio as the assessed valuation of property within the boundaries of such city or cities bears to the total assessed valuation of property within the county, including property within the incorporated cities.

      6.  If the only airport or landing area within a county is owned or controlled by an airport authority created by special legislative act as a quasi-municipal corporation, all of the money in the fund must be allocated to the airport authority.

      Secs. 36 through 39.  (Deleted by amendment.)

      Sec. 40.  NRS 494.041, 494.042 and 494.043 are hereby repealed.

 


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

ê1983 Statutes of Nevada, Page 1026 (Chapter 410, AB 191)ê

 

      Sec. 41.  Sections 23, 25 and 35 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 411, SB 273

Senate Bill No. 273–Senators Robinson, Hickey, Wagner, Faiss and Ashworth

CHAPTER 411

AN ACT relating to care of the elderly and disabled; providing for the appointment of an advocate for residents of facilities for long-term care; providing his powers and duties; providing for the investigation of complaints about facilities; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  The administrator may appoint advocates for residents of facilities for long-term care, who are within the aging services division and is in the classified service of the state. Such an advocate shall, under direction of the administrator:

      1.  Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.

      2.  Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the administrator.

      3.  Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.

      4.  Coordinate services within the department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.

      5.  Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.

      6.  Upon request, advise and assist the governor, the legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.

      7.  Provide information to interested persons and to the general public concerning his functions and activities.

      8.  Report annually to the administrator.

      Sec. 3.  1.  The advocate may, upon a complaint by or on behalf of a resident, investigate any act or policy which he has reason to believe may adversely affect the health, safety, welfare or civil rights of any resident of a facility for long-term care.

      2.  The advocate may enter any facility for long-term care and any area within the facility at reasonable times with or without prior notice and must be permitted access to residents of the facility at all times.

 


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

ê1983 Statutes of Nevada, Page 1027 (Chapter 411, SB 273)ê

 

Upon his arrival at the facility he shall notify the person in charge and shall present appropriate identification.

      3.  Each resident has the right to request, deny or terminate visits with the advocate.

      Sec. 4.  In conducting an investigation, the advocate may:

      1.  Inspect any facility for long-term care and any records maintained by the facility. The medical and personal financial records may be inspected only with the informed consent of the resident, his legal guardian or the person or persons designated as responsible for decisions regarding the resident.

      2.  Interview:

      (a) Officers, directors and employees of any facility for long-term care, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or its residents.

      (b) Any resident of the facility and his legal guardian, if any, and his family or the person or persons designated as responsible for decisions regarding his care if the resident consents to the interview.

      3.  Obtain such assistance and information from any agency of the state or its political subdivisions as is necessary properly to perform the investigation.

      Sec. 5.  1.  In appropriate cases and under the administrator’s direction, the advocate shall refer the results of his investigation to the governmental agencies with authority to enforce applicable laws and regulations through administrative, civil or criminal proceedings.

      2.  The advocate shall notify the complainant of the ultimate disposition of the matter raised in his complaint.

      Sec. 6.  The division may adopt regulations regarding the requirement, contents, posting and distribution of a notice which describes the purpose of such an advocate and sets forth the procedure for making a complaint to the advocate.

      Sec. 7.  NRS 427A.020 is hereby amended to read as follows:

      427A.020  As used in this chapter, unless the context otherwise requires:

      1.  “Administrator” means the chief of the aging services division of the department.

      2.  “Advocate” means an advocate for residents of facilities for long-term care.

      3.  “Commission” means the Nevada commission on aging.

      [3.]4.  “Day care center” means any health and care facility, as defined by NRS 449.007, which is maintained and operated primarily to provide care for one or more elderly disabled persons during the day.

      [4.]5.  “Department” means the department of human resources.

      [5.]6.  “Director” means the director of the department.

      [6.]7.  “Division” means the aging services division of the department.

      8.  “Facility for long-term care” means:

      (a) A group care facility as defied in NRS 449.005;

      (b) An intermediate care facility as defined in NRS 449.014;

      (c) A skilled nursing facility as defined in NRS 449.018; and

 


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

ê1983 Statutes of Nevada, Page 1028 (Chapter 411, SB 273)ê

 

      (d) A family home or other establishment, whether or not certified or licensed by any state or local governmental agency, in which room and board, laundry services and continuous protection and oversight are provided for compensation to not more than three adult persons who:

             (1) By reason of age or disability are incapable of independent living but do not require the care of a practical or professional nurse; and

             (2) Are not related to the person or persons maintaining the home or establishment.

      Sec. 8.  Section 7 of the this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 412, AB 366

Assembly Bill No. 366–Committee on Government Affairs

CHAPTER 412

AN ACT relating to the City of Sparks; amending the charter of the City of Sparks to allow an additional department of the municipal court, and to provide for staggering the terms of the elective officers; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1.060 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 380, Statutes of Nevada 1977, at page 711, is hereby amended to read as follows:

       Sec. 1.060  Elective officers: Qualifications; salaries; terms of office.

       1.  The elective officers of the city consist of:

       (a) A mayor.

       (b) Five councilmen.

       (c) A city clerk.

       (d) A city attorney.

       (e) [A municipal judge.] Municipal judges, the number to be determined pursuant to section 4.010.

       2.  All elective officers of the city, except the city attorney, [shall] must be:

       (a) Bona fide residents of the city for at least 30 days prior to the last day for filing a declaration of candidacy for such office.

       (b) Residents of the city during their term of office.

       (c) Qualified electors within the city.

       3.  No person may be elected or appointed to the office of councilman who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days prior to the last day for filing a declaration of candidacy for such office, or, in the case of appointment, 30 days prior to the day the office became vacant.

 


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

ê1983 Statutes of Nevada, Page 1029 (Chapter 412, AB 366)ê

 

or, in the case of appointment, 30 days prior to the day the office became vacant.

       4.  The city attorney [shall] must be a qualified elector of the State of Nevada and a [duly] licensed member of the State Bar of Nevada.

       5.  [All elective officers shall:

       (a) Be voted upon at a general municipal election by the registered voters of the city at large; and

       (b) Serve for terms of 4 years.

       6.]  Each elective officer shall receive a salary in an amount fixed by the city council. At any time [prior to] before January 1 of the year in which a general municipal election is held, the city council shall enact an ordinance fixing the initial salary for each elective office for the 4-year term beginning on the 1st Monday in July following that election. [Such] This ordinance may not be amended to increase or decrease the salary for any office during the term. If the city council fails to enact such an ordinance prior to January 1 of the election year, the succeeding elective officers [shall] must receive the same salaries as their respective predecessors.

      Secs. 2 and 3.  (Deleted by amendment.)

      Sec. 4.  Section 4.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 735, is hereby amended to read as follows:

       Sec. 4.010  Municipal court.

       1.  There [shall] must be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, [shall] apply.

       2.  The mayor, with the consent of a majority of the city council, may establish a second department of the municipal court. The mayor shall appoint the additional municipal judge to serve until the next general municipal election.

      Sec. 5.  Section 5.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 736, is hereby amended to read as follows:

       Sec. 5.010  General municipal elections.

       1.  A general municipal election [shall] must be held in the city on the 1st Tuesday after the 1st Monday in June [1975, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, one city clerk, councilmen as hereinbefore provided, one city attorney and one municipal judge.] of each odd-numbered year after 1986.

       2.  Except as provided in subsection 3, the elective officers of the city shall serve terms of 4 years and until their successors have been elected and qualified.

       3.  The persons who, on June 7, 1987, are elected to serve as:

       (a) The councilmen from the first, third and fifth wards;

       (b) The city attorney; and

       (c) The municipal judge for the first department of the court which was established, shall serve terms of 2 years and until their successors have been elected and qualified.

 


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

ê1983 Statutes of Nevada, Page 1030 (Chapter 412, AB 366)ê

 

shall serve terms of 2 years and until their successors have been elected and qualified.

       4.  All candidates at the general municipal election [shall] must be voted upon by the electors of the city at large.

 

________

 

 

CHAPTER 413, AB 490

Assembly Bill No. 490–Assemblyman Malone

CHAPTER 413

AN ACT relating to motor vehicles; requiring the owner of a motor vehicle to keep his certificate of registration in the vehicle; requiring the operator of the vehicle to surrender the certificate to certain officers upon demand; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.255 is hereby amended to read as follows:

      482.255  1.  Upon receipt of a certificate of registration, [every] the owner shall place it or a legible copy in the vehicle for which [such certificate] it is issued [.] and keep it in the vehicle. If the vehicle is a motorcycle, trailer or semitrailer, he shall carry [such] the certificate in the toolbag or other convenient receptacle attached to the vehicle.

      2.  The owner or operator of a motor vehicle shall, upon demand, surrender the certificate of registration or the copy for examination to any peace officer, justice of the peace or deputy of the department.

      3.  No person charged with violating this section may be convicted if he produces in court a certificate of registration which was previously issued to him and was valid at the time of the demand.

 

________

 

 

CHAPTER 414, AB 411

Assembly Bill No. 411–Assemblymen Stone, Francis, Sedway, Nevin, Fay, Marvel, Bourne, Banner, Bergevin, Malone, Bogaert, Berkley, Swain, Kerns, Dini, Ham, Getto, Zimmer, Thomas, Joerg, Humke, Thompson, Vergiels, Jeffrey, DuBois, Schofield, Beyer, Nicholas, Perry, Collins and Brady

CHAPTER 414

AN ACT relating to the University of Nevada; authorizing the establishment of student governments; authorizing the collection of a fee to support student government; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:

 


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

ê1983 Statutes of Nevada, Page 1031 (Chapter 414, AB 411)ê

 

      1.  The student body of a campus of the University of Nevada System may establish a student government. The student government shall adopt a set of bylaws which are subject to the approval of:

      (a) A majority of the students who vote in an election held for that purpose; and

      (b) The board of regents.

      2.  Such a student government to the extent of its authority set forth in the bylaws is self-governing and independent of the administration of the University of Nevada System, financially and otherwise.

      3.  The board of regents shall collect a fee from each undergraduate student at a campus of the University of Nevada System, for the support of the student government of that campus, upon:

      (a) Receipt of a request by the student government for the imposition of such a fee; and

      (b) Approval by the board of regents of the amount of the fee so requested.

 

________

 

 

CHAPTER 415, AB 505

Assembly Bill No. 505–Committee on Transportation

CHAPTER 415

AN ACT relating to taxicabs; providing additional factors for the determination of the allocation of the number of taxicabs by the taxicab authority; increasing the fees for driver’s permits; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8824 is hereby amended to read as follows:

      706.8824  1.  [Whenever] In determining whether circumstances require establishment of a system of allocations or a change in 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.]

      2.  Whenever circumstances require the establishment of a system of allocations, the taxicab authority shall allocate the number of taxicabs among the certificate holders in the county in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the taxicab authority in the county.

 


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

ê1983 Statutes of Nevada, Page 1032 (Chapter 415, AB 505)ê

 

allocations, the taxicab authority shall allocate the number of taxicabs among the certificate holders in the county in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the taxicab authority in the county.

      3.  Whenever circumstances require an increase in the existing allocations, the taxicab authority shall allocate the additional taxicabs equally among all the certificate holders in the county.

      Sec. 2.  NRS 706.8841 is hereby amended to read as follows:

      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 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] before 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] $20 for an original driver’s permit and [$2.50] $5 for a renewal.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1033ê

 

CHAPTER 416, AB 404

Assembly Bill No. 404–Committee on Government Affairs

CHAPTER 416

AN ACT relating to public securities; providing for the issuance of refunding securities for the state bond bank; revising the requirements for public sales of state securities; revising the limitations on refunding securities of the state and the university; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.264 is hereby amended to read as follows:

      349.264  Before selling any state securities publicly, the commission shall:

      1.  Cause a notice calling for bids for the purchase of the securities to be published [once a week for 4 consecutive weeks by 4 weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding] at least 10 days before the date of sale, in a newspaper published within the boundaries of the state and having general circulation therein.

      2.  Cause such other notice to be given as the commission may direct.

      3.  Cause, at least [3 weeks prior to] 1 week before the date fixed for the sale, a copy of the notice to be mailed to the state board of finance, Carson City, Nevada.

      Sec. 2.  NRS 349.340 is hereby amended to read as follows:

      349.340  1.  No bonds may be refunded hereunder [unless they have been outstanding for at least 1 year from the date of their delivery and] unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within [15] 25 years from the date of issuance of the refunding bonds. Provision must be made for paying the securities within [such] that period . [of time.]

      2.  [No] The maturity of any bond refunded may not be extended [over 15] beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding the limit provided in NRS 349.076; but any general obligation bonds funding or refunding any securities which constitute a debt and are subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, [as from time to time amended,] must mature within 20 years from the effective date of the act authorizing the issuance of the securities so funded or refunded thereby, or within 20 years from the date or earliest date of such securities, as the case may be, whichever limitation is shorter.

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

 


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

ê1983 Statutes of Nevada, Page 1034 (Chapter 416, AB 404)ê

 

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

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

      Sec. 3.  Chapter NRS 350A of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board may, at the request of the state treasurer, issue state securities to refund any state securities issued under this chapter in the manner prescribed by and subject to the limitations of the State Securities Law for refunding.

      2.  No state securities may be issued under this section without the concurrence of the municipality which issued the municipal securities purchased with the proceeds of the state securities to be refunded. At or before the time state securities are issued under this section, the state treasurer and the municipality must agree as to the method of paying any costs incurred, making any cash deposits required for the refunding escrow, and allocating any savings achieved in connection with the refunding. Such a method may include an exchange of municipal securities acquired and held by the state treasurer under this chapter for new securities validly issued as general obligations by the municipality or municipalities. New securities received from a municipality by the state treasurer must be held and payments received thereon applied in the same manner as required by this chapter for the original municipal securities.

      3.  The principal amount of state securities which have been refunded under this section need not be considered in computing compliance with the limitation of subsection 2 of NRS 350A.150, but outstanding state securities issued under this section are subject to that limitation.

      4.  NRS 350A.160 does not apply to state securities issued under this section.

      Sec. 4.  NRS 350A.110 is hereby amended to read as follows:

      350A.110  “State securities” means notes, warrants, interim debentures, bonds and temporary bonds issued as general obligations by the state pursuant to this chapter for any lending project or for a refunding which are payable from taxes, whether or not additionally secured by a pledge of all or any designated revenues of one or more lending projects.

      Sec. 5.  NRS 396.874 is hereby amended to read as follows:

      396.874  1.  No bonds may be refunded hereunder [unless they have been outstanding for at least 1 year after the date of their delivery and] unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within [15] 25 years after the date of issuance of the refunding bonds.

 


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

ê1983 Statutes of Nevada, Page 1035 (Chapter 416, AB 404)ê

 

prior redemption under their terms within [15] 25 years after the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period.

      2.  The maturity of any bond refunded may not be extended [over 15] beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate which exceeds by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.

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

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

      Sec. 6.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 417, SB 356

Senate Bill No. 356–Committee on Judiciary

CHAPTER 417

AN ACT relating to horse racing; further defining information for whose dissemination a license is required; requiring licensees to obtain prior approval from the Nevada gaming commission for broadcasting such information for purposes of entertainment; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.430 is hereby amended to read as follows:

      463.430  1.  It [shall be] is unlawful for any person [, firm, corporation or association] in this state to receive, supply or disseminate in this state by any means information received from any source outside of this state concerning horse racing, when [such] the information is to be used [by the user] for the purpose of maintaining and operating any gambling game and particularly any horse race book, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.

      2.  The provisions of this section [shall not be construed to include in its operation] do not apply to any public utility operating in the State of Nevada.

      3.  For the purposes of this section, any broadcasting or display of information concerning horse racing is an incident of maintaining and operating a horse race book.

 


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

ê1983 Statutes of Nevada, Page 1036 (Chapter 417, SB 356)ê

 

      Sec. 2.  NRS 463.440 is hereby amended to read as follows:

      463.440  1.  In addition to the state policy concerning gaming as set forth in NRS 463.0129, the legislature hereby finds, and declares to be the public policy of this state concerning activities and information related to wagering on horse races that:

      (a) All persons licensed to operate and maintain a sports pool or horse race book are entitled to receive on a fair and equitable basis all information concerning horse racing that is being disseminated into and within this state.

      (b) In order to protect the health, safety, morals, good order and general welfare of the public, all persons, associations, locations, practices and activities related to the dissemination and use of information concerning horse racing should be controlled, supervised and properly licensed.

      2.  In accordance with reasonable regulations [to] which may be adopted, amended or repealed by the commission, the commission [shall have] has the power and jurisdiction:

      (a) To regulate and control the business of supplying and disseminating information by such means concerning horse racing.

      (b) To issue , condition, limit and restrict licenses to such disseminators.

      (c) To suspend , [or] revoke condition or limit such licenses [.] or impose fines in accordance with NRS 463.310.

      (d) To prescribe the manner, terms and conditions for receiving, supplying or disseminating in this state information concerning horse racing.

      [2.]3.  The commission is empowered to adopt, amend and repeal such regulations as may be necessary for the orderly administration of NRS 463.430 to 463.480, inclusive, and section 3 of this act and for the protection of the public and in the public interest.

      Sec. 3.  Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The commission may fix, regulate and control the rates to be charged by any disseminator of information concerning horse racing. but the rates must be just and reasonable.

      2.  The commission may require any licensee who subscribes to a disseminator’s service to report financial information relating to wagering and amounts won on each track or event, and may publish this information to ensure that the rates are just and reasonable.

      3.  It is unlawful for any disseminator of information concerning horse racing to increase directly or indirectly the rate charged by him to any user of the information without first applying to the commission for permission to increase the rate.

      4.  In no event may the commission allow any increase in the rate for the purpose of including in the rate charged to the user the license fee required to be paid by the disseminator.

      5.  Upon receipt of an application to increase the rate to be charged, the commission shall give notice thereof to the user or users concerned and to all persons interested and shall consider the application at a public hearing.

 


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

ê1983 Statutes of Nevada, Page 1037 (Chapter 417, SB 356)ê

 

      6.  If a rate charged by the disseminator is found by the commission to be unjust or unreasonable, the commission may reduce it to a reasonable and just rate. Any user of information supplied by a disseminator may apply to the commission for a reduction in the rate charged to him, and the commission likewise may consider the application at a public hearing after notice thereof to the disseminator and to all persons interested.

      Sec. 4.  1.  Section 1 of this act shall become effective on June 11, 1983.

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

 

________

 

 

CHAPTER 418, SB 469

Senate Bill No. 469–Committee on Commerce and Labor

CHAPTER 418

AN ACT relating to aircraft; adding separate provisions for liens for repairs and storage; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  “Person” means any natural person, association, corporation, firm, partnership, trust or other legal entity.

      Sec. 3.  “Legal owner” means the person in whom the ownership or title of the property is vested or who has a legal right to possession of the property.

      Sec. 4.  1.  Except as provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of the person to be notified, and if no address is known then addressed to that person at the place where the lien claimant has his place of business.

      2.  Any person who claims a lien on aircraft, aircraft equipment or parts shall:

      (a) Within 120 days after he furnishes supplies or services; or

      (b) Within 7 days after he receives an order to release the property,

whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to his last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.

      3.  The notice must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.

 


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

ê1983 Statutes of Nevada, Page 1038 (Chapter 418, SB 469)ê

 

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, or trailer will be advertised for sale, and sold by auction at a specified time and place.

      Sec. 5.  1.  The legal owner may for the redelivery of any aircraft, aircraft equipment or parts which are held by the lien claimant file with the court a bond for double the amount of the lien.

      2.  The court upon approval of such a bond shall issue its order requiring the lien claimant to relinquish possession of the property to the legal owner.

      Sec. 6.  The lien claimant shall provide the legal owner, within 24 hours after receipt of a written request, with a written statement of the amount of the lien on any aircraft, aircraft equipment or parts if:

      1.  A notice of the lien has not been filed; and

      2.  The time for filing the lien has not expired.

      Sec. 7.  1.  If the lien claimant:

      (a) Fails to file and serve timely a notice of lien; or

      (b) Refuses to furnish the legal owner upon request with a statement of the amount of the lien,

The legal owner may apply by affidavit to the court for an order to show cause why the lien claimant should not relinquish possession of any aircraft, aircraft equipment or parts, or for release of a bond given pursuant to section 5 of this act.

      2.  The court shall promptly examine the affidavit and shall issue an order directed to the lien claimant to show cause why the property should not be taken from the lien claimant and delivered to the legal owner.

      3.  Except as provided in this subsection, the order shall fix the date and time for the hearing, which must not be sooner than 10 days or later than 21 days from the date of the issuance of the order. Upon a showing of good cause by the legal owner, the court may fix the date and time for a hearing which must be at least 1 day after the issuance of the order.

      Sec. 8.  For the purposes of this chapter, the person named in the federal aircraft registration certificate shall be deemed a legal owner of any aircraft.

      Sec. 9.  NRS 108.270 is hereby amended to read as follows:

      108.270  Subject to the provisions of NRS [108.315, any] 108.315:

      1.  A person [or persons, company or corporation] engaged in the business of buying or selling automobiles [or airplanes,] or keeping a garage [or airport] or place for the storage, maintenance, keeping or repair of motor vehicles , [or airplanes,] motorcycles, motor [or airplane] equipment [,] or trailers, or keeping a trailer park for rental of parking [space] spaces for trailers, and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, [airplane,] motorcycle, motor [or airplane] equipment [,] or trailer, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or [its or] his representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon [such] the motor vehicle, [airplane,] motorcycle, motor [or airplane] equipment [,] or trailer, or any part or parts thereof for the sum due for such towing, storing, maintaining, keeping or repairing of [such] the motor vehicle, [airplane,] motorcycle, motor [or airplane] equipment, or trailer, or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such lien .

 


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

ê1983 Statutes of Nevada, Page 1039 (Chapter 418, SB 469)ê

 

repair of motor vehicles , [or airplanes,] motorcycles, motor [or airplane] equipment [,] or trailers, or keeping a trailer park for rental of parking [space] spaces for trailers, and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, [airplane,] motorcycle, motor [or airplane] equipment [,] or trailer, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or [its or] his representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon [such] the motor vehicle, [airplane,] motorcycle, motor [or airplane] equipment [,] or trailer, or any part or parts thereof for the sum due for such towing, storing, maintaining, keeping or repairing of [such] the motor vehicle, [airplane,] motorcycle, motor [or airplane] equipment, or trailer, or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such lien . [, and may, without process of law, detain such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer at any time it is lawfully in his possession until such sum is paid.]

      2.  A person who at the request of the legal owner performed labor on, furnished materials or supplies or provided storage for any aircraft, aircraft equipment or aircraft parts is entitled to a lien for such services, materials or supplies and for the costs incurred in enforcing the lien.

      3.  Any person who is entitled to a lien as provided in subsections 1 and 2 may, without process of law, detain the motor vehicle, motorcycle, motor equipment, trailer, aircraft, aircraft equipment or aircraft parts at any time it is lawfully in his possession until the sum due to him is paid.

      Sec. 10.  NRS 108.280 is hereby amended to read as follows:

      108.280  Any person [or persons, company or corporation acquiring] who acquires a lien under the provisions of NRS 108.270 [shall] does not lose [such] the lien by [reason of] allowing the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, or trailer, or [part or] parts [of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer,] thereof to be removed from control of the person [or persons, company or corporation] having such lien.

      Sec. 11.  NRS 108.300 is hereby amended to read as follows:

      108.300  1.  The lien created in NRS 108.270 to 108.360, inclusive, [shall] does not deprive [such motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman,] the lien claimant of any remedy allowed by law to a creditor against his debtor for the collection of all charges and advances which he has made in connection with any work or services, or supplies, facilities, or accessories furnished for, on or about any motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer pursuant to an expressed or implied contract between [such motor vehicle or airplane dealer, garageman, garage, trailer park or airport keeper, or automobile or airplane repairman,] the lien claimant and the owner, or the representative of the owner of [such] the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer.

 


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

ê1983 Statutes of Nevada, Page 1040 (Chapter 418, SB 469)ê

 

garage, trailer park or airport keeper, or automobile or airplane repairman,] the lien claimant and the owner, or the representative of the owner of [such] the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer.

      2.  Any insurance company, having outstanding and in effect appropriate insurance coverage therefor, which has been given notice in writing of a debt or obligation incurred for the towing or repair of any motor vehicle damaged by an insured of the company, for which the insured is legally responsible [, shall become,] becomes, subject to the conditions and provisions of [such] the insurance policy, indebted to the claimant for such towing or repair services, for the reasonable expenses incurred for towing or repair of the vehicle, if [such] the claimant has given notice to the company or its agent at least 3 days [prior to] before the date of any settlement or award effected by the company in connection therewith.

      3.  In determining the amount of the indebtedness for such towing or repairing of a damaged vehicle, the insurance company is not responsible for any sum of money over and above the sum of [such] the entire settlement or award, or the entire amount of the [policy] property damage coverage [,] of the policy, whichever is [the lesser.] less.

      4.  Any payment made by the company pursuant to this section [shall relieve] relieves the company from further liability in connection with towing or repairing of the damaged vehicle.

      Sec. 12.  NRS 108.310 is hereby amended to read as follows:

      108.310  Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:

      1.  [The motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman,] The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer, upon which the lien is asserted, and to the:

      (a) Manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches as defined in chapter 489 of NRS; or

      (b) Motor vehicle registration division of the department of motor vehicles with regard to all other items included in this section.

      2.  [The notice must be given by delivery in person or by registered or certified letter addressed to the last-known place of business or abode of the person to be notified, and if no address is known then addressed to that person at the place where the lien claimant has his place of business.

      3.  The notice must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.

 


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

ê1983 Statutes of Nevada, Page 1041 (Chapter 418, SB 469)ê

 

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer will be advertised for sale, and sold by auction at a specified time and place.

      4.]  In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer. The sale must be had in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.

      [5.]3.  After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment [,] aircraft parts or trailer to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 2 consecutive weeks, being 3 successive weekly issues, in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in some newspaper published in this state and having a general circulation in that place. The sale must not be held less than 15 days from the time of the first publication.

      [6.]4.  From the proceeds of the sale the [motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman furnishing] lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer.

      Sec. 13.  NRS 108.320 is hereby amended to read as follows:

      108.320  At any time before the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer is sold, any person claiming a right of property or possession therein may pay the [lienholder] lien claimant the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The [lienholder] lien claimant shall deliver the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer to the person making [such] the payment if he is a person entitled to the possession of the [same] property on payment of the charges thereon.

 


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

ê1983 Statutes of Nevada, Page 1042 (Chapter 418, SB 469)ê

 

      Sec. 14.  NRS 108.340 is hereby amended to read as follows:

      108.340  After goods have been lawfully sold to satisfy the lien created in NRS 108.270 to 108.360, inclusive, the [lienholder shall not thereafter be] lien claimant is not liable for failure to deliver the motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer to the owner or claimant.

      Sec. 15.  NRS 108.350 is hereby amended to read as follows:

      108.350  Nothing contained in NRS 108.270 to 108.360, inclusive, [shall preclude] precludes the owner of any motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer, or [preclude] precludes any other person having an interest or equity in [and to the same,] the property, from contesting the validity of [such] the lien, and for this purpose all legal rights and remedies that [such] the person would now have are reserved to and retained by him; but after [such] a sale has been made to an innocent third party the lien claimant [shall be] is solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the lien claimant to proceed in the manner [herein] provided [.] in those sections.

      Sec. 16.  NRS 108.360 is hereby amended to read as follows:

      108.360  Any person [or persons incurring] who incurs a bill upon a motor vehicle, [airplane,] aircraft, motorcycle, motor or [airplane] aircraft equipment, aircraft parts or trailer, without the authority of the owner thereof, or by misrepresentation, [shall be] is guilty of a misdemeanor.

 

________

 

 

CHAPTER 419, SB 350

Senate Bill No. 350–Senator Mello

CHAPTER 419

AN ACT relating to wages; requiring employers to promptly deposit any money withheld from the wages or compensation of an employee for deposit in a financial institution; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 608.110 is hereby amended to read as follows:

      608.110  1.  [Nothing in this chapter shall be so construed as to] The chapter does not preclude the withholding from the wages or compensation of any employee of any dues, rates or assessments become due to any hospital association or to any relief, savings or other department or association maintained by the employer or employees for the benefit of the employees, or other deductions authorized by written order of an employee.

      2.  At the time of payment of [such] wages or compensation, the [employee shall be furnished by the] employer shall furnish the employee with an itemized list showing the respective deductions made from the total amount of [such] wages or compensation.

 


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

ê1983 Statutes of Nevada, Page 1043 (Chapter 419, SB 350)ê

 

employee with an itemized list showing the respective deductions made from the total amount of [such] wages or compensation.

      3.  Except as otherwise provided by an agreement between the employer and employee, any employer who withholds money from the wages or compensation of an employee for deposit in a financial institution shall deposit the money in the designated financial institution within 5 working days after the day on which the wages or compensation from which it was withheld is paid to the employee.

 

________

 

 

CHAPTER 420, SB 5

Senate Bill No. 5–Senator Bilbray

CHAPTER 420

AN ACT relating to the nonresident tuition for the universities and colleges of the University of Nevada System; authorizing reciprocal agreements with other states for the waiver of the tuition; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board of regents may enter into an agreement with another state for the granting of full or partial waivers of the nonresident tuition to residents of the other state who are students at or are eligible for admission to any of the universities and colleges of the University of Nevada System if the agreement provides that, under substantially the same circumstances, the other state will grant reciprocal waivers to residents of Nevada who are students at or are eligible for admission to universities or colleges in the other state.

      2.  Each agreement must specify:

      (a) The criteria for granting the waivers; and

      (b) The universities and colleges for which the waivers will be granted.

      3.  The board of regents shall provide by regulation for the administration of any waivers for which an agreement is entered into pursuant to subsection 1.

      4.  The waivers granted pursuant to this section must not be included in the number of waivers determined for the purpose of applying the limitation in subsection 3 of NRS 396.540.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1044ê

 

CHAPTER 421, SB 131

Senate Bill No. 131–Committee on Finance

CHAPTER 421

AN ACT relating to state employees; providing for a quarterly allowance for uniforms; providing for an initial reimbursement for the cost of one uniform and accessories under certain circumstances; requiring the prior approval of the budget division of the department of administration before a uniform is required; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      On or after July 1, 1985:

      1.  An employee of the State of Nevada who is required to purchase and wear a uniform while performing his duties is entitled to receive from his employer each quarter an allowance which is equal to one-fourth of the cost of the uniform he is required to wear, including the cost of any required accessories such as a flashlight, gun or whistle. The employer shall determine the cost of the required uniform and accessories at the beginning of each quarter and determine the allowance accordingly.

      2.  In addition to the quarterly allowance, a person who:

      (a) Is hired by the State of Nevada for a position; or

      (b) Assumes a position which is new to that person, and for which he is required to purchase and wear a uniform is entitled to an initial reimbursement for the cost of one uniform and any required accessories.

      3.  An employer must obtain the prior approval of the budget division of the department of administration before designating a uniform to be worn by an employee pursuant to subsection 1.

 

________

 

 

CHAPTER 422, AB 504

Assembly Bill No. 504–Assemblyman Banner

CHAPTER 422

AN ACT relating to the collective bargaining of local governments; requiring financial information on metropolitan police departments to be furnished by the local government employers; and providing other matters properly relating thereto.

 

[Approved May 20, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 288.180 is hereby amended to read as follows:

      288.180  1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of that desire to the local government employer.

 


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

ê1983 Statutes of Nevada, Page 1045 (Chapter 422, AB 504)ê

 

this chapter, it shall give written notice of that desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give notice on or before February 1.

      2.  Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested must be furnished without unnecessary delay. The information must be accurate, and must be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept. If the employee organization requests financial information concerning a metropolitan police department, the local government employers which form that department shall furnish the information to the employee organization.

      3.  The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.

      4.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

 

________

 

 

CHAPTER 423, SB 373

Senate Bill No. 373–Senator Hickey

CHAPTER 423

AN ACT relating to audiology and speech pathology; increasing the educational requirements for a license as an audiologist or speech pathologist; and providing other matters properly relating thereto.

 

[Approved May 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 637B.160 is hereby amended to read as follows:

      637B.160  1.  An applicant for a license to engage in the practice of audiology or speech pathology [shall] must be issued a license by the board if he:

      (a) Is over the age of 21 years;

      (b) Is a citizen of the United States, or [who] is lawfully entitled to remain and work in the United States;

      (c) Is of good moral character;

      (d) Meets the requirements for education or training and experience provided by subsection 2;

      (e) Has completed at least [150] 300 clock hours of supervised clinical experience in audiology or speech pathology, or both;

 


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

ê1983 Statutes of Nevada, Page 1046 (Chapter 423, SB 373)ê

 

      (f) Applies for the license in the manner provided by the board;

      (g) Passes any examination required by this chapter; and

      (h) Pays the fees provided for in this chapter.

      2.  An applicant must possess a [bachelor’s] master’s degree in audiology or in speech pathology from an accredited educational institution or [possesses] possess equivalent training and experience. If he seeks to qualify on the basis of equivalent training and experience, the applicant must submit to the board satisfactory evidence that he has obtained at least [38] 60 semester credits, or equivalent quarter credits, in courses related to the normal development, function and use of speech and language or hearing, including but not limited to the management of disorders of speech or hearing and the legal, professional and ethical practices of audiology or speech pathology. At least 24 of the 60 credits, excluding any credits obtained for a thesis or dissertation, must have been obtained for courses directly relating to audiology or speech pathology.

 

________

 

 

CHAPTER 424, SB 380

Senate Bill No. 380–Senators Wagner, Gibson, Mello, Raggio, Lamb, Wilson, Jacobsen, Ryan, Foley, Townsend, Robinson, Ashworth and Horn

CHAPTER 424

AN ACT relating to fiscal notes; requiring the preparation of a fiscal note for any bill which increases or newly provides for a term of imprisonment or makes release on parole or probation less likely; and providing other matters properly relating thereto.

 

[Approved May 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.272 is hereby amended to read as follows:

      218.272  1.  [Before any] The fiscal analysis division shall obtain a fiscal note on:

      (a) Any bill which makes an appropriation or changes any existing appropriation [or any] ;

      (b) Any bill or joint resolution which creates or changes any fiscal liability or revenue which arrears to be in excess of $2,000 ; and

      (c) Any bill or joint resolution which increases or newly provides for a term of imprisonment in the state prison or makes release on parole or probation therefrom less likely,

before it is considered at a public hearing of a committee of the assembly or the senate, or before any vote is taken thereon by the committee . [, the fiscal analysis division shall obtain a fiscal note containing] The fiscal note must contain a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill or joint resolution, including, to the extent possible, a projection of such changes in future biennia.

      2.  Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, the estimates must be made by the agency receiving the appropriation or collecting the revenue.

 


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

ê1983 Statutes of Nevada, Page 1047 (Chapter 424, SB 380)ê

 

inclusive, or in the joint rules of the senate and assembly, the estimates must be made by the agency receiving the appropriation or collecting the revenue.

      3.  The fiscal note is not required on any bill or joint resolution relating exclusively to the executive budget.

      Sec. 2.  NRS 218.2723 is hereby amended to read as follows:

      218.2723  Before any bill or joint resolution which has a financial effect on a local government or any bill which increases or newly provides for a term of imprisonment in a county or city jail, or makes release on probation therefrom less likely is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee, the fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.

      Sec. 3.  The provisions of this act apply to any bill which has not been passed by both houses of the legislature on or before the effective date of this act.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 425, AB 449

Assembly Bill No. 449–Committee on Taxation

CHAPTER 425

AN ACT relating to governmental finance; providing for certain powers of the Nevada tax commission; revising certain limitations on local governmental revenue; repealing provisions for lowering the rate of certain taxes on retail sales; amending the charter of Carson City to provide for a single taxing district; and providing other matters properly relating thereto.

 

[Approved May 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.227 is hereby amended to read as follows:

      361.227  1.  Any person determining the taxable value of real property shall appraise:

      (a) The full cash value of:

             (1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

             (2) Improved land consistently with the use to which the improvements are being put.

      (b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence.

      2.  The taxable value of a possessory interest for the purpose of NRS 361.157 or 361.159 may be determined:

      (a) By subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence; or

      (b) By capitalizing the fair economic income expectancy.

 


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

ê1983 Statutes of Nevada, Page 1048 (Chapter 425, AB 449)ê

 

      3.  The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence.

      4.  The computed taxable value of any property must not exceed its full cash value.

      5.  The Nevada tax commission shall by regulation establish:

      (a) Standards for determining the cost of replacement of improvements of various kinds.

      (b) Schedules of depreciation based on the estimated life of each kind of property. Depreciation must be determined according to the actual age of the improvements or other depreciable property.

[The standards and schedules must be approved by the interim legislative committee on local governmental finance before they are used.]

Each county assessor shall adhere strictly to these standards and schedules.

      6.  The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.

      Sec. 2.  NRS 377.053 is hereby amended to read as follows:

      377.053  1.  The department shall account separately for all taxes and any fees, interest and penalties collected under the City-County Relief Tax Law, and all payments made in lieu of taxes under that law, which relate to the construction or operation of a project for the generation, transmission or distribution of electricity, or to any other electrical facilities, whose construction is commenced on or after January 1, 1982. For the purposes of this section, “commencement of construction” has the meaning ascribed to it in NRS 704.840.

      2.  Except as otherwise provided in this subsection, those collections and payments which relate to the construction of such a project must be paid over to the county in which the project is located and to each city in that county, in proportion to the respective populations of each city and the unincorporated area of the county. If it determines that more than one county will undergo a substantial increase in the need for public services as the result of the construction, the department of taxation shall, subject to the approval of the [interim legislative committee on local governmental finance,] Nevada tax commission, first apportion the collections and payments among those counties according to the respective increases in need for public services as so determined, and then distribute them within each county as provided in the preceding sentence.

      3.  Those collections and payments which relate to the operation of the project must be apportioned:

      (a) Ten percent to the county in which the project is located; and

      (b) The remainder among all counties of the state in proportion to their respective populations.

Money so apportioned to each county must be paid over to the county and to each city therein according to the respective populations of each city and the unincorporated area of the county.

 


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

ê1983 Statutes of Nevada, Page 1049 (Chapter 425, AB 449)ê

 

      4.  The legislature finds and declares that the distributions of the city-county relief tax required by subsections 2 and 3 respectively take fairly into account:

      (a) The additional burden put upon public services during the construction of such a project;

      (b) The location of the consumption in this state which gives rise to the revenues resulting from its operation; and

      (c) The effect which facilities for the generation of electric power have both upon their immediate vicinity and upon the natural resources which belong to all the people of the state.

      Sec. 3.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:

      (a) Distribute the amount specified in this paragraph among the following [counties and cities] local governments in the following percentages:

 

                                                                                                                                              Percent-

                Political Subdivision                                                                                                  age

Churchill County...........................................................................................         3.23

City of North Las Vegas...............................................................................       46.52

City of Carlin..................................................................................................         2.72

Esmeralda County........................................................................................           .20

Eureka County...............................................................................................           .71

City of Winnemucca.....................................................................................         5.56

City of Caliente..............................................................................................           .46

City of Yerington...........................................................................................         4.77

Mineral County..............................................................................................         9.96

City of Gabbs.................................................................................................         4.31

Pershing County.............................................................................................         2.52

City of Lovelock............................................................................................         5.77

White Pine County........................................................................................         5.37

City of Ely.......................................................................................................         7.90

 

For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

      (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to section 8 of [this act,] Senate Bill No. 27 of this session, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district and any redevelopment agency, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to sections 9 and 10 of [this act] Senate Bill No.

 


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

ê1983 Statutes of Nevada, Page 1050 (Chapter 425, AB 449)ê

 

including the county and excluding the school district and any redevelopment agency, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to sections 9 and 10 of [this act] Senate Bill No. 27 of this session. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.

      3.  As used in this section, the “basic ad valorem revenue”:

      (a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

             (1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      (b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.

      4.  For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.

      Sec. 4.  NRS 354.430 is hereby amended to read as follows:

      354.430  1.  Upon the adoption of a short-term financing resolution, as provided in NRS 354.618, by a local government as defined in NRS 354.474, a certified copy thereof must be forwarded to the executive director of the department of taxation. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the political subdivisions concerned and the probable ability of the political subdivision to repay the requested short-term financing, unless the resolution [provides for a special tax exempt from the limitation on taxes ad valorem,] is governed by subsection 3, either approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.

      2.  If the executive director of the department of taxation does not approve the short-term financing resolution, the governing board of the political subdivision may appeal the executive director’s decision to the Nevada tax commission.

      3.  [If the resolution provides for a special tax exempt from the limitation on taxes ad valorem, the executive director shall recommend to the interim legislative committee on local governmental finance whether the resolution should be approved.

 


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

ê1983 Statutes of Nevada, Page 1051 (Chapter 425, AB 449)ê

 

whether the resolution should be approved. The decision of the committee is final.] short-term financing for a capital expenditure for public safety may be repaid from the proceeds of a special tax exempt from the limitation on taxes ad valorem, but only if the Nevada tax commission approved this method of repayment in the particular case. The executive director shall recommend approval or disapproval to the commission.

      Sec. 5.  NRS 354.5982 is hereby amended to read as follows:

      354.5982  1.  The local government may exceed the respective limits imposed by sections 8 to 10, inclusive, of [this act] Senate Bill No. 27 of this session upon combined amounts received and upon calculated receipts from taxes ad valorem only [as provided in NRS 354.5986 or] if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.

      2.  To the maximum combined revenue otherwise allowable under sections 8 to 10, inclusive, of [this act] Senate Bill No. 27 of this session to a local government, the [interim legislative committee on local governmental finance may add its estimate of] executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment . [which was not in effect for all or part of the preceding fiscal year.]

      3.  Distributions of the supplemental city-county relief tax must not be changed because actual collections of taxes ad valorem are greater or less than calculated when those taxes were levied, but any actual revenue received in excess of the maximum allowable from the combined sources must not be expended during the fiscal year in which collected, [unless the interim legislative committee on local governmental finance otherwise directs.] and must be subtracted from the result obtained under subsection 2 of section 8 of Senate Bill No. 27 of this session to reduce the maximum amount of revenue which may be derived from taxes ad valorem in the ensuing fiscal year.

      4.  For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.

      Sec. 6.  NRS 354.5984 is hereby amended to read as follows:

      354.5984  1.  If a board of county commissioners has apportioned a part of the general road fund of the county to any city pursuant to NRS 403.450 in the fiscal year ending on June 30, 1981, the relative amount of that apportionment , or the amount to be distributed if no apportionment is made, must not be reduced in any subsequent fiscal year without the approval of the [interim legislative committee on local governmental finance.] Nevada tax commission.

      2.  An intergovernmental or intragovernmental transfer or grant, or a levy of taxes ad valorem, made during the fiscal year ending June 30, 1981, pursuant to an arrangement by which the recipient reduced its request for levy of taxes ad valorem must not be reduced during any subsequent fiscal year without:

 

 


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ê1983 Statutes of Nevada, Page 1052 (Chapter 425, AB 449)ê

 

1981, pursuant to an arrangement by which the recipient reduced its request for levy of taxes ad valorem must not be reduced during any subsequent fiscal year without:

      (a) Notice to the recipient before the date fixed by law for adoption of the recipient’s final budget; and

      (b) The approval of the Nevada tax commission.

      Sec. 7.  NRS 354.5987 is hereby amended to read as follows:

      354.5987  For the purposes of section 8 to 10, inclusive, of [this act] Senate Bill No. 27 of this session, the [basic] maximum allowable combined revenue of any local government [, as otherwise determined pursuant to subsection 1 of section 8 of Senate Bill No. 27 of this session, coming] :

      1.  Which comes into being [subsequent to April 30, 1981,] on or after July 1, 1983, whether newly created, consolidated or both [,] ; or

      2.  Which was in existence before July 1, 1983, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1981,

must be initially established [and approved by the interim legislative committee on local governmental finance acting after receiving the advice of the executive director of the department of taxation.] by the Nevada tax commission.

      Sec. 8.  NRS 354.5988 is hereby amended to read as follows:

      354.5988  1.  If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. There must also be deposited in this fund any proceeds of that tax which become available when for any local government the supplemental city-county relief tax otherwise distributable to it exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.

      2.  The money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the money in the fund at the beginning of any fiscal year exceeds 10 percent of the actual revenues from the supplemental city-county relief tax in the preceding fiscal year, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year. This distribution must be included in the executive director’s estimate of money to be received by each local government from the supplemental city-county relief tax.

      3.  The [interim legislative committee on local governmental finance] Nevada tax commission may direct the state controller to make a special distribution from the fund if it determines that [the conditions prescribed in NRS 354.5986 for a temporary exemption exist,] unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created.

 


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ê1983 Statutes of Nevada, Page 1053 (Chapter 425, AB 449)ê

 

conditions prescribed in NRS 354.5986 for a temporary exemption exist,] unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created. In making such a determination, the tax commission shall consider the recommendation of the executive director of the department of taxation. The executive director and the tax commission shall consider, without limitation, the effect of a sudden and unusual change in population served, the construction of major public works and facilities, a significant decrease in one or more revenues from sources other than property taxes, excessive increases in the unit cost of providing services, whether present or probable, and events of an uncommon nature, such as judgments and other uninsured losses or natural disasters. The tax commission shall consider the general economic conditions of the community and of the state and effect of each proposal on the taxpayer, and [makes] make written findings of the facts supporting the distribution.

      Sec. 9.  NRS 354.5989 is hereby amended to read as follows:

      354.5989  1.  A local government shall not increase any fee for a license or permit or adopt a fee for a license or permit , [or increase or impose a service charge,] including without limitation every license or permit issued for revenue or regulation or both, such as business licenses, liquor licenses, gaming licenses, and building and zoning permits, except as permitted by this section. This prohibition does not apply to [service charges or] fees imposed by hospitals, county airports, airport authorities, convention authorities , [or] the Las Vegas Valley Water District [.] or the Clark County Sanitation District.

      2.  The [rate structure of any fee for a license or permit in effect on April 30, 1981, is the base from which any increase in such license or permit fee must be calculated. On February 1 of each year the executive director of the department of taxation shall certify the increase in the Consumer Price Index for the preceding calendar year and shall furnish this information to each local government. Subject to the further limitation imposed by subsections 3 and 4, no fee for a permit or license may be increased more often than once in any calendar year or by an amount greater than its amount for the preceding calendar year multiplied by 80 percent of the increase in the Consumer Price Index from the beginning of the preceding calendar year to the beginning of the calendar year in which the increase is made.

      3.  A local government must submit a proposal to increase a fee for a license or permit to the executive director of the department of taxation for approval if:

      (a) The method of computation of a fee for a license or permit is changed;

      (b) The method of computation existing on April 30, 1981, is a fraction or percentage of the gross revenue of the business;

      (c) The classification of a type of business is changed or new categories of business are added; or

      (d) The license fee for which increases are proposed has been increased between July 1, 1979, and April 30, 1981.

A local government or any person who may be required to pay the fee may appeal from the decision of the executive director of the department of taxation to the interim legislative committee on local governmental finance.

 


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ê1983 Statutes of Nevada, Page 1054 (Chapter 425, AB 449)ê

 

may appeal from the decision of the executive director of the department of taxation to the interim legislative committee on local governmental finance. The executive director and the committee shall evaluate the proposal to determine whether the proposed change is consistent with the purpose of this section to limit increases in the rate structure for these revenues.

      4.] amount of revenue derived by the local government from all fees except those excluded by subsection 1, for the fiscal year ended on June 30, 1982, is the base from which the maximum allowable revenue from such fees must be calculated for subsequent years. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by:

      (a) Eighty percent of the proportionate increase in the Consumer Price Index from January 1, 1982, to January 1 next preceding the fiscal year for which the calculation is made; and

      (b) The quotient of the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls since July 1, 1982, divided by the total assessed valuation, for the fiscal year next preceding the one for which the calculation is made, of all property except that new property added.

      3.  A local government may not increase any fee for a license or permit which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding calendar year by 80 percent or more of the increase in the Consumer Price Index during that preceding calendar year.

      [5.  A local government may increase any service charge which was in effect on July 1, 1981, or whose imposition was approved after that date pursuant to this section, to the extent:

      (a) Necessary to comply with any covenant relating to securities to whose repayment revenue from the service charge is pledged; or

      (b) Reasonably necessary to meet the actual expense of providing the service, including the upkeep of any property so used.

      6.  A local government must submit any other proposal to increase a service charge to the executive director of the department of taxation for approval, and the local government or any person who may be required to pay the charge may, within 30 days after the executive director makes his decision, appeal from his decision to the interim legislative committee on local governmental finance. A local government must submit any proposal to impose a new service charge to that committee for its approval.

      7.]4.  A local government may submit an application [for exemption from the provisions of this section to the interim legislative committee on local governmental finance, which may grant the exemption if it finds that:

      (a) The conditions prescribed in NRS 354.5986 for a temporary exemption exist, and makes written findings of the facts supporting the exemption;

      (b) The local government has not previously charged a fee for a license or permit or imposed a service charge; or

 


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

ê1983 Statutes of Nevada, Page 1055 (Chapter 425, AB 449)ê

 

      (c) The last increase was not recent and the rates of the fees charged by the local government are at a significantly lower level than those of other similar local governments in the state.

      8.] to increase its revenue from fees beyond the maximum allowable under this section to the Nevada tax commission, which may grant the application only if it finds that under the circumstances a special distribution could be made from the reserve fund for the supplemental city-county relief tax and only to the extent that these circumstances are not relieved by such a distribution.

      5.  The provisions of this section apply to any license or permit for any purpose regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.

      Sec. 9.5.  Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A local government may increase any service charge which was in effect on July 1, 1981, or whose imposition was approved after that date pursuant to this section, to the extent:

      (a) Necessary to comply with any covenant relating to securities to whose repayment revenue from the service charge is pledged; or

      (b) Reasonably necessary to meet the actual expense of providing the service, including the upkeep of any property so used.

      2.  A local government must submit any other proposal to increase a service charge to the executive director of the department of taxation for approval, and the local government or any person who may be required to pay the charge may, within 30 days after the executive director makes his decision, appeal from his decision to the Nevada tax commission. A local government must submit any proposal to impose a new service charge to the tax commission for its approval.

      Sec. 10.  NRS 354.618 is hereby amended to read as follows:

      354.618  1.  If the public interest requires short-term financing, the governing body of any local government, by a resolution unanimously adopted, may authorize short-term financing. The resolution must contain:

      (a) A finding by the governing body that the public interest requires the short-term financing; and

      (b) A statement of the facts upon which the finding is based.

      2.  Except as provided in subsection 3, before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity is a proper charge against its general fund.

      3.  In school districts having less than 100 pupils in average daily attendance the publication of the resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution.

 


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ê1983 Statutes of Nevada, Page 1056 (Chapter 425, AB 449)ê

 

upon the resolution. Posting of the notice must be made not less than 10 days previous to the date fixed in the resolution for action thereon.

      4.  [The governing body shall determine in its resolution whether the money required to retire such indebtedness and interest thereon is to be provided by:

      (a) Revenues other than a special tax exempt from the limitations on levy of ad valorem taxes provided by sections 8 to 10, inclusive, of Senate Bill No. 27 of this session; or

      (b) A special tax so exempt.] If the short-term financing is for a capital expenditure for public safety, the governing body may in its resolution request the approval of the Nevada tax commission to repay it from the proceeds of a special tax exempt from the limitation on levy of taxes ad valorem imposed by sections 8 to 10, inclusive, of Senate Bill No. 27 of this session.

      Sec. 11.  NRS 354.621 is hereby amended to read as follows:

      354.621  Any ending balance of the general or a special revenue fund, other than those established solely for the purpose of administering federal, state or private grants in aid, which exceeds the sum of the money appropriated for the opening balance of that fund for the succeeding fiscal year and one-twelfth of the expenditures from that fund for the fiscal year just ended may only be used to augment the appropriations of the succeeding year upon the favorable vote of a majority of the members of the governing body and upon the consent of the executive director of the department of taxation. The executive director shall not approve such an application for augmentation unless it is for the sole purpose of replacing an identifiable appropriation for a specified purpose which lapsed at the end of the preceding fiscal year and which has not been reappropriated in the year in which the augmentation is to become effective, except where the conditions prescribed in NRS 354.5986 for a temporary exemption exist. The local government may appeal the decision of the executive director to the [interim legislative committee on local governmental finance,] Nevada tax commission, whose decision is final. If the executive director or the [committee] tax commission approves the augmentation, it must make written findings of the facts supporting its action.

      Sec. 12.  NRS 354.585 and 354.5986 are hereby repealed.

      Sec. 13.  1.  Sections 10.5, 11.5 and 22.5 of chapter 149, Statutes of Nevada 1981, at pages 290 and 295, respectively, are hereby repealed.

      2.  Section 41 of chapter 149, Statutes of Nevada 1981, at page 304, is hereby amended to read as follows:

       Sec. 41.  1.  [Except as provided in subsection 2, sections] Sections 1 to 26, inclusive, of this act, shall become effective on May 1, 1981.

       2.  [Sections 10.5, 11.5 and 22.5 of this act shall become effective on July 1, 1983.

       3.]  Sections 27 to 31, inclusive, of this act shall become effective upon passage and approval for the purpose of levying taxes and preparing the required statements, and on July 1, 1981, for all other purposes.

 


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ê1983 Statutes of Nevada, Page 1057 (Chapter 425, AB 449)ê

 

       [4.]3.  This section and sections 32 to 40, inclusive, of this act shall become effective upon passage and approval.

      Sec. 14.  Section 8 of Senate Bill No. 27 of this session is hereby amended to read as follows:

       Sec. 8.  The maximum amount of money which a local government, except a school district or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:

       1.  First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:

       (a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

       (b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

       2.  Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before February 15 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal in writing to the [interim legislative committee on local governmental finance,] Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.

       3.  Then reducing the amount resulting from subsections 1 and 2 if necessary to bring it within any applicable limit provided in this section.

      Sec. 14.5.  Section 9 of Senate Bill No. 27 of this session is hereby amended to read as follows:

       Sec. 9.  1.  For the fiscal years beginning on and after July 1, [1982,] 1984, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:

       (a) Assessed valuation for the preceding fiscal year, [including] excluding net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by [the percentage] 80 percent of the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government.

 


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ê1983 Statutes of Nevada, Page 1058 (Chapter 425, AB 449)ê

 

must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government.

       (b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation , excluding net proceeds of mines, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.

       2.  If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.

       3.  If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.

      Sec. 15.  Section 10 of Senate Bill No. 27 of this session is hereby amended to read as follows:

       Sec. 10.  For each fiscal year beginning on or after July 1, 1983, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:

       1.  [Except as provided in subsection 2, the] The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll it will produce 104.5 percent of the revenue received from taxes ad valorem in the preceding fiscal year.

       2.  [If the total revenue received from taxes ad valorem, except those levied for debt service, in any fiscal year drops below 20 percent of the maximum allowable combined revenue, the rate for the next year must be set so that when applied to the total assessed valuation it will produce an amount equal to the difference between the maximum allowable combined revenue and the estimated receipts from the supplemental city-county relief tax.

       3.]  This rate must be applied to the total assessed valuation, including new real property, possessory interest and mobile homes, for the current fiscal year.

      Sec. 15.1.  Section 1.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1855, is hereby amended to read as follows:

       Section 1.010  Preamble: Legislative intent.

       1.  In order to provide for the orderly government of Carson City and the general welfare of its citizens and to effect the consolidation of the governments and functions of Carson City and Ormsby County, the legislature hereby establishes this charter for the government of Carson City.

 


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ê1983 Statutes of Nevada, Page 1059 (Chapter 425, AB 449)ê

 

Ormsby County, the legislature hereby establishes this charter for the government of Carson City. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the expressed purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.

       2.  Any powers expressly granted by this charter are in addition to any powers granted to a city or county by the general law of this state . [and all such powers may by reasonable classification be exercised in one or more of the taxing districts.] All provisions of Nevada Revised Statutes which are applicable to counties or generally to cities (not including chapter 265, 266 or 267 of NRS) or to both and which are not in conflict with the provisions of this charter apply to Carson City. If there is a conflict between the law pertaining to counties and the law pertaining to cities, the board of supervisors may, by resolution choose which law [shall apply.] applies.

      Sec. 15.2.  Section 2.180 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1857, is hereby amended to read as follows:

       Sec. 2.180  Power of board: Animals and poultry.

       [1.] The board may:

       [(a)]1.  Fix, impose and collect an annual per capita tax on all dogs and provide for the capture and disposal of all dogs on which the tax is not paid.

       [(b)]2.  Regulate or prohibit the running at large within Carson City of all kinds of animals and poultry, establish a pound, appoint a poundkeeper and prescribe his duties, distrain and impound animals and poultry running at large, and provide for the sale or other disposition of such animals and poultry. The proceeds arising from the sale of such animals and poultry after the payment of all costs, [shall go to] must be deposited in the treasury to be disposed of according to law.

       [(c)]3.  Prohibit cruelty to animals.

       [2.  Any ordinance enacted pursuant to this section may, by reasonable classification, be made applicable, in whole or in part, to one or more of the taxing districts.]

      Sec. 15.3.  Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1864, is hereby amended to read as follows:

       Sec. 6.010  Local improvement law. The board [, upon behalf of one or more of the taxing districts, and in their name, without any election,] may [from time to time] acquire, improve, equip, operate and maintain, convert to or authorize : [, within or without such districts, or both within or without such districts:]

       1.  Curb and gutter projects;

 


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ê1983 Statutes of Nevada, Page 1060 (Chapter 425, AB 449)ê

 

       2.  Drainage projects;

       3.  Offstreet parking projects;

       4.  Overpass projects;

       5.  Park projects;

       6.  Sanitary sewer projects;

       7.  Security walls;

       8.  Sidewalk projects;

       9.  Storm sewer projects;

       10.  Street projects;

       11.  Underground electric and communication facilities;

       12.  Underpass projects; and

       13.  Water projects.

      Sec. 15.4.  Section 6.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1864, is hereby amended to read as follows:

       Sec. 6.020  Local improvement law: Collateral powers. The board, [on behalf of one or more of the taxing districts, and in their name,] for the purposes of defraying all the cost of acquiring or improving, or acquiring and improving, or converting to, any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with [moneys] money otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS. [If the board acts on behalf of more than one taxing district, property in all those districts may be assessed. Whether the board acts on behalf of one or more districts, the] The obligations imposed by NRS 271.495 and 271.500 apply to Carson City as a whole.

      Sec. 15.5.  Section 7.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1864, is hereby amended to read as follows:

       Sec. 7.010  Debt limit.

       1.  [Carson City shall not incur an indebtedness for the taxing district or districts which incorporate the former urban district which with the indebtedness then outstanding for such district exceeds 15 percent of the total assessed valuation of the taxable property within the boundaries of the district as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Carson City before the effective date of this charter must be considered in determining the debt limitation of the taxing district or districts which incorporate the former urban district.

       2.]  Carson City shall not incur an indebtedness for the city as a whole which with the indebtedness then outstanding for the city as a whole exceeds 15 percent of the total assessed valuation of the taxable property within the boundaries of the city as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Ormsby County before the effective date of this charter must be considered in determining the debt limitation of the city as a whole.

 


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ê1983 Statutes of Nevada, Page 1061 (Chapter 425, AB 449)ê

 

of this charter must be considered in determining the debt limitation of the city as a whole.

       [3.]2.  Any indebtedness of Carson City incurred before the effective date of this charter, or of the taxing district or districts which incorporate the former urban district, must not be considered in determining the debt limitation of the city as a whole. [Any indebtedness of Ormsby County incurred before the effective date of this charter, or of the city as a whole incurred after the effective date of this charter, must not be considered in determining the debt limitation of the taxing district or districts which incorporate the former urban district.

       4.]3.  In determining any debt limitation under this section, [there must] the following is not [be] counted as indebtedness:

       (a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.

       (b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund of the city.

       (c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.

      Sec. 15.6.  (Deleted by amendment.)

      Sec. 15.7.  Section 7.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1866, is hereby amended to read as follows:

       Sec. 7.050  Bonded indebtedness of Ormsby County and Carson City.

       1.  The bonded indebtedness of Ormsby County incurred [prior to] before the effective date of this charter continues to be an obligation of Carson City and the board shall continue annually to levy a special tax on all the taxable property within Carson City and shall cause it to be collected until all such bonded indebtedness is retired in full.

       2.  The bonded indebtedness of Carson City incurred prior to the effective date of this charter continues to be an obligation of [the taxing district or districts which incorporate] the former urban district and the board shall continue annually to levy a special tax on all the taxable property within that district and shall cause it to be collected until all such bonded indebtedness is retired in full.

      Sec. 15.8.  Section 8.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1866, is hereby amended to read as follows:

       Sec. 8.010  Municipal Taxes.

       1.  The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy taxes at the appropriate rates upon the assessed value of all real and personal property within [the taxing districts.] Carson City. The taxes so levied [shall] must be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes.

 


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ê1983 Statutes of Nevada, Page 1062 (Chapter 425, AB 449)ê

 

manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes. The revenue laws of the state [shall,] are, in every respect not inconsistent with the provisions of this charter, [be] applicable [and so held] to the levying, assessing and collecting of the municipal taxes.

       2.  [In the matter] For the purposes of the equalization of assessments, the rights of Carson City and the inhabitants thereof [shall] must be protected in the same manner and to the same extent by the action of the board of equalization as are the state and the several counties.

       3.  Whenever or wherever practical and expedient, all forms and blanks used in levying, assessing and collecting the revenues of the state and the several counties [shall,] must, with such alterations or additions as may be necessary, be used in levying, assessing and collection the revenues of Carson City. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.

      Sec. 15.9.  Section 1.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 289, is hereby repealed.

      Sec. 16.  1.  The following amounts are approved by the legislature to be added to the maximum combined revenue otherwise allowable under NRS 354.5982 to the respective local governments, for the cost of programs required by enactments of the 61st session of the legislature:

 

Clark County.............................................................................................. $15,337,898

Douglas County.........................................................................................      506,650

Elk Point Sanitation District.....................................................................        21,799

Humboldt County.....................................................................................        57,950

Lander County...........................................................................................        53,900

Nye County................................................................................................        21,825

Pershing County.........................................................................................        28,975

Washoe County.........................................................................................      624,130

 

Fire districts organized pursuant to chapter 473 of NRS in the following counties:

 

Carson City.............................................................................................          $71,104

Clark (Mt. Charleston)..........................................................................            74,286

Douglas....................................................................................................          115,261

Washoe....................................................................................................          476,195

 

      2.  Except as otherwise provided in this subsection, these amounts must be added each year. The amount for Elk Point Sanitation District continues only until its general obligation bonds outstanding in April 1, 1983, are paid. For the fiscal year beginning on July 1, 1983, the amount for Douglas County is $276,650. For the fiscal year beginning on July 1, 1983, the amount for Clark County is $10,256,063. For the fiscal year beginning July 1, 1984, the amount for Clark County is $15,337,898 minus the difference, if any, between $2,080,836 and the amount actually spent during the fiscal year beginning on July 1, 1984, for the increase in the cost of operating its jail which results from the decree of the United States District Court.

 


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ê1983 Statutes of Nevada, Page 1063 (Chapter 425, AB 449)ê

 

amount actually spent during the fiscal year beginning on July 1, 1984, for the increase in the cost of operating its jail which results from the decree of the United States District Court.

      3.  The following amounts of maximum allowable combined revenue are established for the following unincorporated towns which did not receive revenue from taxes ad valorem, unless for debt service, for the fiscal year ending on June 30, 1981:

 

Amargosa (Nye County)......................................................................          $65,000

Laughlin (Clark County)......................................................................            36,583

 

      4.  For Clark County Fire Service Area:

      (a) For the fiscal year beginning on July 1, 1983, the maximum allowable combined revenue is $8,257,317.

      (b) For the fiscal year beginning on July 1, 1983, the assessed valuation is $2,894,315,390.

      (c) For the fiscal year beginning on and after July 1, 1983, the tax rate, in cents per $100 of assessed valuation, used to compute the basic ad valorem revenue pursuant to NRS 377.057 is 27.58.

      (d) For the fiscal year beginning on July 1, 1984, the amount of $410,603 is approved by the legislature to be added to the maximum combined revenue otherwise allowable under NRS 354.5982.

      Sec. 16.5.  1.  The following amounts are approved by the legislature to be subtracted from the maximum combined revenue otherwise allowable under NRS 354.5982 to the respective local governments, for the fiscal year beginning on July 1, 1983:

 

East Las Vegas.......................................................................................        $249,965

Paradise...................................................................................................       3,394,451

Spring Valley..........................................................................................            34,489

Sunrise Manor........................................................................................       1,856,362

Winchester..............................................................................................          932,923

Southwest Fire District..........................................................................       1,789,127

 

      2.  For the fiscal year beginning on July 1, 1980, the following amounts, expressed in cents per $100 of assessed valuation, are required by the legislature to be subtracted from the tax rates otherwise established for the purpose of computing the basic ad valorem revenue of the respective local governments:

 

East Las Vegas.......................................................................................               58.52

Paradise...................................................................................................               23.37

Spring Valley..........................................................................................               20.00

Sunrise Manor........................................................................................               74.36

Winchester..............................................................................................               19.09

Southwest Fire District..........................................................................               60.00

 

      Sec. 17.  In establishing rates of taxation for collection during the fiscal year 1983-84 the provisions of section 10 of Senate Bill No. 27 of this session do not apply to a local government unless, within 20 days after the publication of the notice required by this section, a petition for their applicability is presented to the governing body signed by not fewer than 8 percent of the registered voters of the local government who together with any corporate petitioners own not less than 4 percent in assessed value of the taxable real property within the territory of that local government.

 


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ê1983 Statutes of Nevada, Page 1064 (Chapter 425, AB 449)ê

 

percent in assessed value of the taxable real property within the territory of that local government. For the purpose of this section, the number of registered voters must be determined as of January 1, 1983, and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. Each local government shall, on or before June 7, 1983, publish in a newspaper of general circulation in its territory a notice which is at least one-quarter of a page in size, setting forth:

      1.  The rate of property tax included in its final or default budget and the highest rate which would be allowable under section 10 of Senate Bill No. 27 of this session; and

      2.  The right of the registered voters to limit the rate by petition pursuant to this subsection.

      Sec. 18.  Section 1 of chapter 192, Statutes of Nevada 1983, is hereby amended to read as follows:

       Section 1.  For the fiscal year 1983-1984 only:

       1.  Notwithstanding the provisions of NRS 354.596:

       (a) The tentative budget of a local government need not be filed or copies of it submitted until the date on which notice is given of the public hearing upon it.

       (b) The public hearing must be held no earlier than May 20, 1983, and no later than June 3, 1983. Notice of the time and place of the hearing must be given at least 3 days before the hearing.

       (c) The department of taxation may certify compliance or give notice of lack of compliance at any time before June 1, 1983, or 3 days after a copy of the tentative budget is submitted, whichever is later.

       2.  Notwithstanding the provisions of NRS 354.598, the last day for adopting the final budget of a local government and for transmitting a copy of it to the Nevada tax commission is June 3, 1983.

       3.  Notwithstanding the provisions of NRS 361.455:

       (a) The Nevada tax commission shall meet on June [17,] 29, 1983, to set the tax rates for local governments.

       (b) If the combined tax rate together with any established state rate exceeds the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the rates for the local governments, but shall not reduce the rate of the county school district for the support of the public schools.

       (c) Any local government whose budget must be revised because of such an adjustment shall file a copy of its revised budget by July [15,] 27, 1983.

       4.  Notwithstanding the provisions of NRS 361.465, the county auditor shall deliver the tax roll by July 15, 1983, unless the date is extended pursuant to subsection 7.

       5.  Notwithstanding the provisions of NRS 361.483, the full amount or first installment of taxes is due on the 3rd Monday of August, 1983.

 


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ê1983 Statutes of Nevada, Page 1065 (Chapter 425, AB 449)ê

 

      6.  If a petition is filed pursuant to section 17 of this act for the applicability of section 10 of Section Bill No. 27 of this session and the governing body of the local government chooses to propose to its registered voters an additional levy ad valorem pursuant to NRS 354.5982:

      (a) The special election must be held on July 12, 1983.

      (b) Notice of the election must be published at least once on or before July 8, 1983, in a newspaper of general circulation in the territory of the local government.

      (c) Registration for the election closes on the day when the governing body chooses to propose the levy.

      7.  If the additional levy is approved, the date for delivery of the tax roll is extended to July 22, 1983.

      Sec. 19.  1.  The Nevada tax commission must certify for each budget approved that the maximum allowable revenue is not exceeded.

      2.  Notwithstanding the provisions of section 8 of Senate Bill No. 27 of this session, on or before May 20, 1983, the executive director of the department of taxation shall provide to each local government the estimated amount to be received by that local government from the supplemental city-county relief tax in the fiscal year beginning on July 1, 1983.

      Sec. 20.  1.  This section and sections 13, 17, 18 and 19 of this act shall become effective upon passage and approval.

      2.  Sections 15.3, 15.5 and 15.9 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 426, AB 167

Assembly Bill No. 167–Assemblymen Sader, Beyer, Stewart, Berkley, Malone, Kovacs, Price, Sedway, Collins, Perry, Nicholas, Bremner, Thompson, DuBois, Stone, Banner, Coffin, Marvel, Brady, Redelsperger, Nevin, Humke, Ham, Bourne, Swain, Bergevin, Francis, Schofield, Thomas and Zimmer

CHAPTER 426

AN ACT relating to traffic violations; revising the provisions concerning driving while intoxicated; providing preliminary tests for intoxication; providing for summary revocation of drivers’ licenses; providing a penalty for driving with a certain percentage of alcohol in the blood; increasing certain other penalties; and providing other matters properly relating thereto.

 

[Approved May 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 2 and 3 of this act.

      Sec. 1.5.  “Premises to which the public has access” means property in private or public ownership onto which the public is invited or permitted to enter for civic or commercial purposes, such as the roadway or parking lot appurtenant to a governmental building, a business, an apartment house or a mobile home park, but does not include a private way on a farm or the driveway of an individual dwelling.

 


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ê1983 Statutes of Nevada, Page 1066 (Chapter 426, AB 167)ê

 

      Sec. 2.  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath for the purpose of determining the alcoholic content of his blood when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has an articulable suspicion that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      2.  The person under suspicion must be informed that his failure to submit to the preliminary test will result in the immediate revocation of his privilege to drive a vehicle.

      3.  If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385, and if reasonable grounds otherwise exist, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

      4.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, if a person fails to submit to an evidentiary test as directed by a police officer under NRS 484.383, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege to drive for a period of 1 year.

      2.  If the person who has failed to submit to such a test has had his license, permit or privilege to drive suspended or revoked for failing to submit to such a test within the immediately preceding 7 years, he is not eligible for a license, permit or privilege to drive for a period of 3 years.

      3.  If a person fails to submit to a preliminary test of his breath as directed by a police officer under section 2 of this act, or the result of a test given under NRS 484.383 or section 2 of this act shows that he had 0.10 percent or more by weight of alcohol in his blood at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.

      4.  If revocation of a person’s license, permit or privilege to drive under NRS 483.460 follows a revocation under subsection 3 which was based on his having 0.10 percent or more by weight of alcohol in his blood, the department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.

      5.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

      Sec. 4.  NRS 484.219 is hereby amended to read as follows:

      484.219  1.  The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of any person shall immediately stop [such] his vehicle at the scene of [such] the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.

 


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ê1983 Statutes of Nevada, Page 1067 (Chapter 426, AB 167)ê

 

thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.

      2.  Every such stop [shall] must be made without obstructing traffic more than is necessary.

      3.  Any person failing to comply with the provisions of subsection 1 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. 5.  NRS 484.229 is hereby amended to read as follows:

      484.229  1.  Except as provided in subsection 2, the driver of a vehicle which is in any manner involved in an accident [, resulting] on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $350 or more, shall, within 10 days after the accident, forward a written report of the accident to the department of motor vehicles. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this state, an adjuster licensed under chapter 684A of NRS, or a motor vehicle physical damage appraiser licensed under chapter 684B of NRS. The department may require the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the department.

      2.  The driver of a vehicle subject to the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.

      3.  A written accident report is not required under this chapter from any person who is physically incapable of making a report, during the period of his incapacity.

      4.  Whenever the driver is physically incapable of making a written report of an accident as required in this section and he is not the owner of the vehicle, the owner shall within 10 days after knowledge of the accident make the report not made by the driver.

      5.  All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the department or other state agencies having use of the records for accident prevention purposes, except that the department may disclose the identity of a person involved in an accident when his identity is not otherwise known or when he denies his presence at the accident.

      6.  No written report forwarded under the provisions of this section may be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers.

 


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ê1983 Statutes of Nevada, Page 1068 (Chapter 426, AB 167)ê

 

showing that a specified accident report has or has not been made to the department in compliance with law, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. Such a report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.

      Sec. 6.  NRS 484.259 is hereby amended to read as follows:

      484.259  Unless specifically made applicable, the provisions of this chapter, except those relating to driving under the influence of controlled substances or intoxicating liquor as provided in NRS 484.379, [shall] 484.3795 and section 3 of this act, do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but [shall] apply to such persons and vehicles when traveling to or from such work.

      Sec. 7.  NRS 484.376 is hereby amended to read as follows:

      484.376  As used in NRS 484.377 to 484.393, inclusive, and sections 2, 3, 10 and 11 of this act, unless the context otherwise requires [, “controlled substance” means a controlled substance as defined in chapter 453 of NRS.] :

      1.  “Controlled substance” has the meaning ascribed to it in NRS 453.041.

      2.  “Substantial bodily harm” has the meaning ascribed to it in NRS 193.015.

      Sec. 8.  NRS 484.379 is hereby amended to read as follows:

      484.379  1.  It is unlawful for any person who [is] :

      (a) Is under the influence of intoxicating liquor ; or

      (b) Has 0.10 percent or more by weight of alcohol in his blood,

to drive or be in actual physical control of a vehicle [within this state.] on a highway or on premises to which the public has access.

      2.  It is unlawful for any person who is an habitual user of or under the influence of any controlled substance , or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any [chemical, poison or organic solvent,] of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle to drive or be in actual physical control of a vehicle [within this state.] on a highway or on premises to which the public has assess. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.

      [3.  Any person who violates the provisions of subsection 1 or 2, and who has not been convicted of a violation of one of those subsections or any law which prohibits the same conduct in any jurisdiction within 5 years before the violation took place, is guilty of a misdemeanor. Except as provided in subsection 6, the court shall order him to pay tuition for and attend courses on the use and abuse of alcohol and controlled substances approved by the department, shall fine him not less than $100 nor more than the maximum fine permitted for a misdemeanor, and may sentence him to imprisonment in the county jail for not more than 6 months.

 


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ê1983 Statutes of Nevada, Page 1069 (Chapter 426, AB 167)ê

 

not less than $100 nor more than the maximum fine permitted for a misdemeanor, and may sentence him to imprisonment in the county jail for not more than 6 months. The court may order the department of motor vehicles to suspend his driver’s license for a definite period of not less than 30 days nor more than 1 year and not to allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.

      4.  Any person who violates the provisions of subsection 1 or 2 within 5 years after having once been convicted in any jurisdiction of a violation of subsection 1 or 2, NRS 484.3795 or a law which prohibits the same conduct is guilty of a misdemeanor. Except as provided in subsection 6, the court shall sentence him to imprisonment for not less than 10 days nor more than 6 months in the county jail, fine him not less than $500 and direct the department of motor vehicles to suspend his driver’s license for a period specified in the order which must be not less than 6 months and not allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.

      5.  Except as provided in subsection 6, any person who violates the provisions of subsection 1 or 2 within 5 years after having been convicted more than once in any jurisdiction of a violation of subsection 1 or 2, NRS 484.3795 or a law which prohibits the same conduct, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp or similar facility.

      6.  A person who has been convicted of a violation of subsection 1 or 2 may elect to undergo treatment approved by the court for at least 1 year if:

      (a) He is classified as an alcoholic or abuser of drugs by a:

             (1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or

             (2) Physician certified to make that classification by the state board of medical examiners;

      (b) He agrees to pay the costs of the treatment;

      (c) He has served a term of imprisonment in the county jail of:

             (1) Five days if it is his second conviction; or

             (2) Thirty days if it is his third conviction,

in any jurisdiction of violating subsection 1 or 2, NRS 484.3795, or a law which prohibits the same conduct, within 5 years; and

      (d) The court orders the department to suspend his driver’s license for a period specified in the order which must not be less than 90 days and not more than the time required to complete the treatment. The court may not allow him any limited driving privileges unless his inability to drive to and from work or in the course of his work would cause extreme hardship or prevent his earning a living.

 


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ê1983 Statutes of Nevada, Page 1070 (Chapter 426, AB 167)ê

 

A person may elect treatment pursuant to this subsection once in any period of 5 years.

      7.  If a person who has elected and qualified for treatment pursuant to subsection 6:

      (a) Fails to complete the treatment satisfactorily, he must be sentenced to the fine and imprisonment to which he would have been sentenced had he not elected treatment. The sentence to imprisonment must be reduced by a time equal to that which he served before beginning treatment.

      (b) Completes the treatment satisfactorily, he may not be sentenced further, but the conviction remains on his record of criminal history.

      8.  No person convicted for the second or a subsequent time within 5 years of violating the provisions of subsection 1 or 2 may be released on probation. No sentence imposed for violating the provisions of subsection 1 and 2 may be suspended, nor may any program of education, counseling or treatment be ordered or permitted before conviction. No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 or 2 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      9.  Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted, but any sentence of 30 days or less must be served within 6 months from the date of conviction or within 6 months after the date of sentencing if the person elected to undergo treatment pursuant to subsection 6. Any segment of time the person is confined must not consist of less than 24 hours.

      10.  Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.]

      Sec. 9.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

      Sec. 10.  1.  Any person who violates the provisions of NRS 484.379:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in section 11 of this act, the court shall:

             (1) Order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department of motor vehicles and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to section 11 of this act, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and

 


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ê1983 Statutes of Nevada, Page 1071 (Chapter 426, AB 167)ê

 

             (3) Fine him not less than $200 nor more than $1,000.

The teacher of the educational course shall evaluate the offender and, if he finds the offender is an abuser of alcohol or controlled substances, he shall promptly report his findings to the court for its use.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Except as provided in section 11 of this act, the court shall sentence him to imprisonment for not less than 10 days nor more than 6 months in jail and fine him not less than $500 nor more than $1,000.

      (c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.

      2.  Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      4.  Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months from the date of conviction or within 6 months after the date of sentencing if the offender underwent treatment pursuant to section 11 of this act. Any segment of time for which the offender is confined must consist of not less than 24 consecutive hours.

      5.  Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.

      6.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct.

 


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

ê1983 Statutes of Nevada, Page 1072 (Chapter 426, AB 167)ê

 

intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct.

      Sec. 11.  1.  A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:

      (a) He is classified as an alcoholic or abuser of drugs by a:

             (1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or

             (2) Physician certified to make that classification by the state board of medical examiners;

      (b) He agrees to pay the costs of the treatment; and

      (c) He has served or will serve a term of imprisonment in jail of:

             (1) One day, or has performed or will perform 24 hours of work for the community, if it is his first offense within 7 years; or

             (2) Five days if it is his second offense within 7 years.

      2.  A prosecuting attorney has 10 days after receiving notice of an application for treatment pursuant to this section in which to request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.

      4.  In granting an application for treatment the court shall advise the offender that:

      (a) Final sentencing in his case will be postponed.

      (b) If he is accepted for treatment by a facility approved by the state, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

      (c) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he must be sentenced to the fine and imprisonment to which he would have been sentenced had he not been allowed treatment. The sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

      (d) If he completes the treatment satisfactorily, he may not be sentenced to a term of imprisonment which is longer than that provided for the offense in paragraph (c) of subsection 1 or fined more than the minimum provided for the offense in section 10 of this act, but the conviction remains on his record of criminal history.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court shall not defer the sentence or set aside the conviction.

      6.  The court shall notify the department, on a form approved by the department, upon granting the offender’s application for treatment and his failure to be accepted for or complete treatment.

 


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ê1983 Statutes of Nevada, Page 1073 (Chapter 426, AB 167)ê

 

      Sec. 12.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  Any person who, while under the influence of intoxicating liquor [, or] or with 0.10 percent or more by weight of alcohol in his blood, or while under the influence of a controlled substance , [as defined in chapter 453 of NRS,] or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent , or any compound or combination of any of these, to a degree which renders him incapable of safely driving or [steering] exercising actual physical control of a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle [, which] on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp , restitution center or similar facility.

      2.  No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      Sec. 13.  NRS 484.381 is hereby amended to read as follows:

      484.381  1.  In any criminal prosecution for a violation of NRS 484.379 or 484.3795 in which it is alleged that the defendant was driving or in actual physical control of a vehicle while he had 0.10 percent or more by weight of alcohol in his blood, the amount of alcohol shown by a chemical analysis of his blood, urine, breath or other bodily substance is presumed to be no less than the amount present at the time of the alleged violation.

      2.  In any criminal prosecution for a violation of NRS 484.379 or 484.3795 or [a prosecution for involuntary manslaughter] for homicide relating to driving a vehicle [while] , in which it is alleged the defendant was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant’s blood at the time [alleged] of the test as shown by chemical analysis of the defendant’s blood, urine, breath or other bodily substance [shall give] gives rise to the following presumptions:

      (a) If there was at that time 0.05 percent or less by weight of alcohol in the defendant’s blood, [it shall be presumed] that at the time of the alleged violation the defendant was not under the influence of intoxicating liquor.

      (b) If there was at that time [in excess of] more than 0.05 percent but less than 0.10 percent by weight of alcohol in the defendant’s blood, [such fact shall not give rise to any] no presumption that at the time of the alleged violation the defendant was or was not under the influence of intoxicating liquor, but [such] this fact may be considered with other competent evidence in determining the guilty or innocence of the defendant.

 


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ê1983 Statutes of Nevada, Page 1074 (Chapter 426, AB 167)ê

 

the influence of intoxicating liquor, but [such] this fact may be considered with other competent evidence in determining the guilty or innocence of the defendant.

      (c) If there was at that time 0.10 percent or more by weight of alcohol in the defendant’s blood, [it shall be presumed] that at the time of the alleged violation the defendant was under the influence of intoxicating liquor.

      [2.]3.  The provisions of subsection [1 shall not be construed as limiting] 2 do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.

      Sec. 14.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle [upon a highway in this state] on a highway or on premises to which the public has access shall be deemed to have given his consent to [a chemical] an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance . [and:

      (a) After he was arrested for any offense allegedly committed while he was driving a vehicle under the influence of intoxicating liquor or a controlled substance; or

      (b) He is dead, unconscious or otherwise in a condition rendering him incapable of being arrested.]

      2.  The person [arrested] to be tested must be informed that his failure to submit to [such] the test will result in the [suspension] revocation of his privilege to drive a vehicle.

      3.  Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the [suspension] revocation of his privilege to drive a vehicle.

      4.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section.

      5.  Where the alcoholic content of the [defendant’s] blood of the person to be tested is in issue, [a person] he may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test, and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath test. If the person requests a blood or urine test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.

 


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ê1983 Statutes of Nevada, Page 1075 (Chapter 426, AB 167)ê

 

      6.  Where the presence of a controlled substance in the blood of the person [arrested] is in issue, [he may refuse to submit to a blood test if means are reasonably available to perform a urine test, but he may not submit to a breath test in lieu of submitting to a blood or urine test.] the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test. The officer shall inform him that his failure to submit to either or both of the blood and urine tests, as required, will result in the revocation of his privilege to drive a vehicle. A failure to submit to either or both of these tests constitutes a failure to submit to one test under this section.

      [6.]7.  If a person [under arrest refuses] to be tested fails to submit to a required [chemical] test as directed by a police officer under this section, [the police officer shall submit to the department of motor vehicles within 10 days a sworn written statement that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to the test upon the officer’s request.] none may be given, except that if the officer has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance and thereby caused death or substantial bodily harm to another, the officer may direct that reasonable force be used to the extent necessary to obtain a sample of blood from the person to be tested.

      Sec. 15.  NRS 484.385 is hereby amended to read as follows:

      484.385  1.  [If a person under arrest refuses to submit to a required chemical test as directed by a police officer under NRS 484.383, none shall be given; but the department of motor vehicles, upon receipt of a sworn written statement of such officer that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that the arrested person refused to submit to such test upon the request of the officer, shall immediately notify the person by mail that his privilege to drive is subject to suspension and allow him 15 days after the date of mailing such notice to make a written request for a hearing. Except as provided in subsection 2, if no request is made within the 15-day period, the department shall immediately:

      (a) Suspend his license or instruction permit to drive for a period of 1 year;

      (b) If he is a nonresident, suspend his privilege to drive a vehicle in this state for a period of 1 year and inform the appropriate agency in the state of his residence of such action; or

      (c) If he is a resident without a license or instruction permit to drive, deny him the issuance of a license or permit for a period of 1 year after the date of the alleged violation.

      2.  If the person who refused the required chemical test has previously had his license suspended because he refused such a test, the department shall immediately revoke his license, instruction permit or privilege to drive in this state, and not restore it or grant any permit, license or privilege for a period of 3 years.

 


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ê1983 Statutes of Nevada, Page 1076 (Chapter 426, AB 167)ê

 

privilege to drive in this state, and not restore it or grant any permit, license or privilege for a period of 3 years.

      3.  If the affected person requests that the hearing be continued to a date beyond the period set forth in subsection 1 of NRS 484.387, the department shall issue an order suspending or revoking the license, privilege or permit to drive a motor vehicle, which is effective upon receipt of notice that the continuance has been granted.

      4.  The suspension or revocation provided for in subsection 1 becomes effective 10 days after the mailing of written notice thereof by the department to any such person at his last-known address.

      5.]  As agent for the department, the officer who directed that a test be given under NRS 484.383 or section 2 of this act or who obtained the result of such a test shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who fails to submit to the test or has 0.10 percent or more by weight of alcohol in his blood, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the department along with the written certificate required by subsection 2.

      2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had 0.10 percent or more by weight of alcohol in his blood, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, if any, a written certificate that he had:

      (a) An articulable suspicion that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to a required preliminary test;

      (b) Reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and the person refused to submit to a required evidentiary test; or

      (c) Reasonable grounds to believe that the person has been driving or in actual physical control of a vehicle with 0.10 percent or more by weight of alcohol in his blood, as determined by a chemical test.

The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.

      3.  The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address.

 


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ê1983 Statutes of Nevada, Page 1077 (Chapter 426, AB 167)ê

 

last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

      4.  Notice of [intention to suspend or revoke, notice of] an order of [suspension or] revocation [,] and notice of the affirmation of a prior order of [suspension or] revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s [last-known] last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department of motor vehicles, specifying the time of mailing the notice. Such a notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      Sec. 16.  NRS 484.387 is hereby amended to read as follows:

      484.387  1.  [If a request for a hearing is made within the appropriate time, the department of motor vehicles shall afford the person an opportunity for a hearing to] At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within [60] 15 days after receipt of the request [. The hearing must be conducted] , or as soon thereafter as is practicable, in the county where the [accused] requester resides unless the parties agree otherwise. The director of the department of motor vehicles or his agent may issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the [accused.] requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

      2.  The scope of the hearing must be limited to the [issues of whether a police officer had reasonable grounds to believe the person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance, had been placed under arrest, and had refused to submit to the test upon the request of the police officer.] issue whether or not the person failed to submit to a test or had 0.10 percent or more by weight of alcohol in his blood at the time of the test. Upon an affirmative finding on [each of the issues,] this issue, the department [of motor vehicles shall issue an order suspending the license, privilege or permit to drive a motor vehicle, unless the suspension order has already been made, in which case the order must be affirmed.] shall affirm the order of revocation. If a negative finding is made on [any of the issues then no suspension may be ordered or the prior suspension order] the issue, the order of revocation must be rescinded . [, as the case may be.]

      3.  If, after the hearing, [an order of suspension is issued or a prior order of suspension] the order of revocation is affirmed , the person whose license, privilege or permit has been [suspended] revoked is entitled to a review of the [matter] same issue in district court in the same manner as provided by NRS 483.520.

 


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ê1983 Statutes of Nevada, Page 1078 (Chapter 426, AB 167)ê

 

person whose license, privilege or permit has been [suspended] revoked is entitled to a review of the [matter] same issue in district court in the same manner as provided by NRS 483.520. The reviewing court may issue a stay of the revocation upon appropriate terms if a substantial question is presented for review which is supported by affidavits or relevant portions of the record of the hearing. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.

      4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

      Sec. 17.  NRS 484.389 is hereby amended to read as follows:

      484.389  1.  If a person refuses to submit to a required chemical test provided for in NRS 484.383 [,] or section 2 of this act, evidence of [such refusal shall be] that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while [such person] he was driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

      2.  Except as provided in subsection 4 of section 2 of this act, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.383 to 484.393, inclusive, and section 2 of this act.

      3.  If a person submits to such a test, full information concerning [such test shall] that test must be made available, upon his request, to him or his attorney.

      Sec. 17.5.  NRS 484.393 is hereby amended to read as follows:

      484.393  1.  The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless [the] :

      (a) The blood tested was withdrawn by a physician, registered nurse, licensed practical nurse, advanced emergency medical technician-ambulance or a technician employed in a medical laboratory [.] ; and

      (b) The test was performed on whole blood.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No physician, registered nurse, licensed practical nurse, advanced emergency medical technician-ambulance or technician incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer such test.

 


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ê1983 Statutes of Nevada, Page 1079 (Chapter 426, AB 167)ê

 

      Sec. 18.  NRS 484.777 is hereby amended to read as follows:

      484.777  1.  The provisions of this chapter are applicable and uniform throughout this state on all highways to which the public has a right of access or to which persons have access as invitees or licensees.

      2.  Unless otherwise provided [,] by specific statute, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of this chapter if the provisions of [such] the ordinance are not in conflict with this chapter. It may also enact by ordinance regulations requiring the registration and licensing of bicycles.

      3.  A local authority shall not enact an ordinance:

      (a) Governing the registration of vehicles and the licensing of drivers;

      (b) Governing the duties and obligations of persons involved in traffic accidents, other than the duties to stop, render aid and provide necessary information; or

      (c) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.

      4.  No person convicted or adjudged guilty of a violation of a traffic ordinance [shall] may be charged or tried in any other court in this state for the same offense.

      Sec. 19.  NRS 484.779 is hereby amended to read as follows:

      484.779  1.  Except as provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:

      (a) Regulating or prohibiting processions or assemblages on the highways.

      (b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

      (c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.

      (d) Designating truck and bicycle routes

      (e) [Regulating the operation of bicycles and requiring the registration and licensing thereof.

      (f)] Adopting such other traffic regulations related to specific highways as are [specifically] expressly authorized by this chapter.

      2.  An ordinance relating to traffic control enacted under this section is not effective until official traffic-control devices giving notice of [such] those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.

      3.  An ordinance enacted under this section is not effective with respect to:

      (a) Highways constructed and maintained by the department of transportation under the authority granted by chapter 408 of NRS; or

      (b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,

until the ordinance has been approved by the board of directors of the department of transportation.

 


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ê1983 Statutes of Nevada, Page 1080 (Chapter 426, AB 167)ê

 

      Sec. 20.  NRS 484.791 is hereby amended to read as follows:

      484.791  1.  Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that such person has committed any of the following offenses:

      (a) Homicide by vehicle;

      (b) Driving [,] or being in actual physical control of [,] a vehicle while under the influence of intoxicating liquor [;] or with 0.10 percent or more by weight of alcohol in his blood;

      (c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, [ or driving a vehicle while] under the combined influence of [any other drug] intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;

      (d) Failure to stop, [or failure to] give information [, or failure to] or render reasonable assistance [,] in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.219 and 484.223;

      (e) Failure to stop [, or failure to] or give information [,] in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.221 and 484.225; or

      (f) Reckless driving.

      2.  Whenever any person is arrested as authorized in this section he shall be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer [shall have] has the same discretion as is provided in other cases in NRS 484.795.

      Sec. 21.  NRS 483.250 is hereby amended to read as follows:

      483.250  The Department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 16 years, except that the department may issue:

      (a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.

      2.  To any person whose license has been revoked until the expiration of the period [for which the license was revoked.] during which he is not eligible for a license.

      3.  To any person whose license has been suspended; but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to [competency by the methods provided by law.]

 


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ê1983 Statutes of Nevada, Page 1081 (Chapter 426, AB 167)ê

 

not at the time of application been restored to [competency by the methods provided by law.] legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.

      6.  To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.

      7.  [To any person when the administrator has good reason to believe that the driving of a motor vehicle on the highways by that person would be inimical to public safety or welfare. Two or more convictions of driving while under the influence of intoxicating liquors or of a controlled substance as defined in chapter 453 of NRS are sufficient evidence of conduct inimical to the public welfare, and the administrator shall refuse to issue or renew a license for a person so convicted until it is proven to the reasonable satisfaction of the administrator that an issuance or renewal is not opposed to the public interest.

      8.]  To any person who is not a resident of this state.

      Sec. 22.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Unless otherwise provided by [law,] statute, the department shall revoke [, for 1 year,] the license , permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final [:] , and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) Violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

      (b) For a period of 1 year if the offense is:

             [1.  Manslaughter](1) Any other manslaughter resulting from the driving of a motor vehicle [.

      2.  Any] or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             [3.](2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or [personal] bodily injury of another.

             [4.](3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

             [5.](4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

 


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ê1983 Statutes of Nevada, Page 1082 (Chapter 426, AB 167)ê

 

      2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

      3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to section 11 of this act, the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      Sec. 23.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Unless otherwise provided by [law,] specific statute, the department may not suspend a license for a period of more than 1 year.

      2.  [Unless a suspension for a period of 3 years is required by NRS 484.385, the department may, after the expiration of 1 year from the date of revocation of a license and when the period of revocation exceeds 1 year,] After a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle [for purposes of his employment only, if the department is satisfied that a severe hardship exists.] to and from work or in the course of his work, or both. Before issuing a restricted license, the department must be satisfied that a severe hardship exists because the applicant has no alternative means of transportation to and from work or he must drive regularly as a condition of his employment, and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      3.  A driver who violates a condition of a restricted license issued under subsection 2 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, section 3 of this act or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.

      [3.]4.  The periods of suspensions and revocations under this chapter and under [NRS 484.385] section 3 of this act must run consecutively, except as provided in NRS 483.465 and 483.470, when the suspensions must run concurrently.

      [4.]5.  Whenever the department suspends or revokes a license, the period of suspension , or of ineligibility for a license after the revocation , begins upon the effective date of the revocation or suspension as contained in the notice thereof.

 


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

ê1983 Statutes of Nevada, Page 1083 (Chapter 426, AB 167)ê

 

      Sec. 24.  NRS 483.525 is hereby amended to read as follows:

      483.525  The department may not restore a driver’s license, permit or privilege of driving a motor vehicle in this state which has been revoked [or suspended] unless the person who is seeking the license, permit or privilege submits evidence that he is maintaining insurance or is financially responsible for the operation of any motor vehicle of which he is the owner or which is owned by a member of his household and which he may be expected to operate.

      Sec. 25.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as [otherwise] provided in [this section,] subsection 2, any person who drives a motor vehicle [on a highway of this state] on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended is guilty of a misdemeanor.

      2.  If the license was suspended , [or] revoked or restricted because of a violation [in any jurisdiction] of NRS 484.379, 484.3795 [or 484.385] , section 3 of this act or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct , he shall be punished by imprisonment in [the county] jail for not less than 30 days nor more than 6 months, and by a fine of not less than $500 [.] nor more than $1,000.

      [2.]  No person who is [convicted of a violation of this section and whose license had been suspended or revoked because of a violation in any jurisdiction of NRS 484.379, 484.3795 or 484.385 or a law which prohibits the same conduct] punished under this section may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason unless, in his judgment the charge is not supported by probable cause or cannot be proved at trial.

      3.  Any term of confinement imposed under the provisions of [subsection 1] this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of confinement must be served within 6 months after the date of conviction, and any segment of time the person is confined must not consist of less than 24 hours.

      4.  Jail sentences simultaneously imposed under this section and [NRS 484.379] section 10 or 11 of this act must run consecutively.

      5.  The department upon receiving a record of the conviction or punishment of any person under this section upon a charge of driving a vehicle while his license was [suspended] :

      (a) Suspended shall extend the period of the suspension for an additional like period. [If the conviction was upon a charge of driving while a license was revoked the department]

      (b) Revoked shall extend the period of [revocation] ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (c) Restricted shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional year.

 


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

ê1983 Statutes of Nevada, Page 1084 (Chapter 426, AB 167)ê

 

of ineligibility for a license, permit or privilege to drive for an additional year.

Suspensions and revocations under this section must run consecutively.

      Sec. 26.  NRS 50.315 is hereby amended to read as follows:

      50.315  1.  Whenever any person has qualified in the district court of any county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of alcohol [or] , a controlled substance [the] whose use or possession [of which] is regulated by chapter 453 of NRS, or a chemical, poison or organic solvent, or the identity of a controlled substance alleged to have been in the possession of a person, [the affidavit of such person] the expert’s affidavit is admissible in evidence in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justice’s or municipal court in any county in the district [for the purpose of proving] to prove the identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the presence or absence of alcohol or a controlled substance, chemical, poison or organic solvent, as the case may be.

      2.  Whenever a person withdraws a sample of blood from another for the purpose of analysis by an expert as mentioned in subsection 1, the affidavit of the person who withdraws the sample is admissible in any court in any criminal proceeding to prove the occupation of the affiant, the identity of the person from whom the affiant withdrew the sample, the fact that the affiant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another and the person to whom the affiant delivered it.

      3.  Whenever a person receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent, the affidavit of the person who receives the sample or other evidence may be admitted in any court in any criminal proceeding to prove the occupation of the affiant, the facts that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another, and the identity of the person to whom the affiant delivered it.

      Sec. 27.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  Whenever a person is charged with an offense punishable under chapters 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance as defined in chapter 453 of NRS, or a chemical, poison or organic solvent, and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance [as defined in chapter 453 of NRS,] , chemical, poison or organic solvent, the district attorney or city attorney may request that the affidavit of [a person qualified as provided] an expert or other person described in NRS 50.315 be admitted in evidence at the trial of or preliminary examination into the offense.

 


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

ê1983 Statutes of Nevada, Page 1085 (Chapter 426, AB 167)ê

 

      2.  The request must be made at least 10 days prior to the date set for [such] the trial or examination and must be sent to the defendant’s counsel and to the defendant, by registered or certified mail , by the prosecuting attorney.

      3.  If [such] the defendant [,] or his counsel [,] notifies the district attorney or city attorney by registered or certified mail at least 96 hours prior to the date set for [such] the trial or examination that the presence of [such person] the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 shall pay the fees and expenses of that witness in court.

      4.  If at the trial or preliminary examination the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that [such] the expert or other person be examined or cross-examined in person, the [district] judge or justice of the peace may adjourn the trial or preliminary examination for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. The time within which a preliminary examination or trial is required is extended by the time of [such] the adjournment.

      Sec. 28.  NRS 50.335 is hereby amended to read as follows:

      50.335  The affidavit of an expert referred to in subsection 1 of NRS 50.315 and in NRS 50.325 [shall] must be substantially in one of the following forms:

      1.  If the sample contained a controlled substance as defined in chapter 453 of NRS [:] or a chemical, poison or organic solvent:

 

State of Nevada

 

 

County of................................

}

ss.

 

............................., being first duly sworn, deposes and says: That I am ........................ (occupation); that on ...................... (date) I qualified before a district judge [of the district court] of this district as a witness qualified to detect the presence and identity in the blood or urine of a person of a controlled substance the use or possession of which is regulated by chapter 453 of NRS [,] or a chemical, poison or organic solvent, or the identity of a controlled substance alleged to have been in the possession of a person; that on ....................................... (date) I obtained certain evidence from ......................... bearing Identification No. ...................... and consisting of ................ for the purpose of performing a chemical analysis upon the contents thereof; that on ............................................ (date) I analyzed [such] the substance or sample and determined it to be or contain ............................ (substance); and that on ............................ (date) I replaced the contents in the [above-mentioned evidence] container, sealed [that evidence] the container with [an evidence seal(s)] a seal bearing my initials ................ ; [and returned such evidence to .....................;] that [such] the evidence was in my sole [care and custody from the time it was obtained by me until it was returned to ............................. and was] custody or control and remained in substantially the same condition as when it was first obtained by me [.]

 


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

ê1983 Statutes of Nevada, Page 1086 (Chapter 426, AB 167)ê

 

control and remained in substantially the same condition as when it was first obtained by me [.] until on ................................... (date) I returned the evidence to ............................... (name) or that I still have the evidence in my possession.

 

                                                                                                .......................................................

                                                                                                                   Affiant

 

                                                                                                .......................................................

                                                                                                                      Title

 

Subscribed and sworn to before me

 

this ............ day of ..............., 19.......

 

...............................................

            Notary Public

 

      2.  If the sample contained alcohol:

 

State of Nevada

 

 

County of................................

}

ss.

 

............................., being first duly sworn, deposes and says: That I am ........................ (occupation); that on ...................... (date) I qualified before a district judge [of the district court] of this district as a witness qualified to detect the presence of alcohol in the blood or urine of a person; that on ....................................... (date) I received a sample of blood or urine [sample] bearing Identification No. ................ from .......................... (name); that on ............................................ (date) I analyzed [such] the sample and determined that the blood or urine of the person from whom the sample was taken contained ............................ (percent) by weight of alcohol; that the sample was in my sole custody or control and remained in substantially the same condition as when it was first obtained by me until on ............................. (date) I returned [such] the sample to ................................... (name) or that I still have [such] the sample in my possession.

 

                                                                                                .......................................................

                                                                                                                   Affiant

 

                                                                                                .......................................................

                                                                                                                      Title

 

Subscribed and sworn to before me

 

this ............ day of ..............., 19.......

 

...............................................

            Notary Public

 


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

ê1983 Statutes of Nevada, Page 1087 (Chapter 426, AB 167)ê

 

      Sec. 29.  Chapter 50 of NRS is hereby amended by adding thereto the provisions set forth as sections 30 and 31 of this act.

      Sec. 30.  The affidavit which is referred to in subsection 2 of NRS 50.315 and in NRS 50.325 must be substantially in the following form:

 

State of Nevada

 

 

County of

}

ss.

 

............................., being first duly sworn, deposes and says: That I am ........................ (occupation); that on ...................... (date) I withdrew a sample of blood from a person known to me as ....................................... (name) and affixed to the sample a seal or tag bearing Identification No. ....................; that the sample was in my sole custody or control and remained in substantially the same condition as when it was first obtained by me until on ............................ (date) I delivered the sample to ............................... (name).

 

                                                                                                .......................................................

                                                                                                                    Affiant

 

                                                                                                .......................................................

                                                                                                                      Title

 

Subscribed and sworn to before me

 

this ............ day of ..............., 19.......

 

...............................................

           Notary Public

 

      Sec. 31.  The affidavit which is referred to in subsection 3 of NRS 50.315 and in NRS 50.325 must be substantially in the following form:

 

State of Nevada

 

 

County of

}

ss.

 

............................., being first duly sworn, deposes and says: That I am ........................ (occupation); that on ...................... (date) I received certain evidence bearing Identification No. ...................... from .......................... (name); that the evidence was in my sole custody or control and remained in substantially the same condition as when it was first obtained by me until on ................................... (date) I delivered the evidence to ............................... (name).

 

                                                                                                .......................................................

                                                                                                                    Affiant

 

                                                                                                .......................................................

                                                                               Title Subscribed and sworn to before me

 

 

 


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

ê1983 Statutes of Nevada, Page 1088 (Chapter 426, AB 167)ê

 

Subscribed and sworn to before me

 

this ............ day of ..............., 19.......

 

...............................................

           Notary Public

 

      Sec. 32.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  A person who has been convicted of [any] :

      (a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody [, a person who has been convicted of a] ;

      (b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody [, and a person who has been convicted of a] ;

      (c) A violation of NRS 484.379 other than a felony may, after 7 years from the date of his conviction or release from custody; or

      (d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,

petition the court in which the conviction was obtained for the sealing of all records relating to [such] the conviction.

      2.  The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      3.  If after hearing the court finds that, in the [15 years preceding the filing of the petition if the conviction was for a felony, in the 10 years preceding the filing of the petition if the conviction was for a gross misdemeanor, or in the 5 years preceding the filing of the petition, if the conviction was for a misdemeanor,] period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of [such] the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      Sec. 33.  NRS 458.260 is hereby amended to read as follows:

      458.260  1.  Except as provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

      (a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

      (b) Elements of an offense giving rise to a criminal penalty or civil sanction.

 


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

ê1983 Statutes of Nevada, Page 1089 (Chapter 426, AB 167)ê

 

      2.  The provisions of subsection 1 do not apply to the offenses enumerated in NRS 412.536, 412.538, 483.460, 483.490, 484.379, 484.3795, [484.381, 484.385,] 488.205, 493.130 , [and] 705.250, subsection 2 of NRS 483.560, section 3 of this act and homicide resulting from driving while under the influence of intoxicating liquor or to similar offenses set forth in any ordinance or resolution of a county, city or town.

      3.  This section does not make intoxication an excuse or defense for any criminal act.

      Sec. 34.  NRS 458.300 is hereby amended to read as follows:

      458.300  Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect treatment under the supervision of a state-approved alcohol or drug treatment facility before he is sentenced unless:

      1.  The crime is a crime against the person as provided for in chapter 200 of NRS;

      2.  The crime is that of selling a controlled substance as defined in chapter 453 of NRS;

      3.  The crime is that of driving under the influence of intoxicating liquor or while an habitual user or under the influence of a controlled substance or while incapable of safely driving because of the use of any chemical, poison or organic solvent as provided for in NRS 484.379, or such driving which [results in involuntary manslaughter as provided in NRS 200.070 or which] causes the death of or substantial bodily harm to another person as provided in NRS 484.3795;

      4.  The alcoholic or drug addict has a record of one or more convictions of a crime of violence or of selling a controlled substance as defined in chapter 453 of NRS, or of two or more convictions of any felony;

      5.  Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;

      6.  The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to such election; or

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a treatment program on two prior occasions within any consecutive 2-year period.

      Sec. 35.  In extending to 7 years the period during which prior offenses may be considered, the legislature intends that any offense as defined in subsection 6 of section 10 of this act which occurred on or after July 1, 1976, and is evidenced by a conviction be considered a prior offense for the purposes of this act.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1090ê

 

CHAPTER 427, AB 633

Assembly Bill No. 633–Committee on Ways and Means

CHAPTER 427

AN ACT relating to the travel advance fund; authorizing the repayment of unpaid advances from the reserve for statutory contingency fund; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 281.174 is hereby amended to read as follows:

      281.174  1.  Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance must be paid into the travel advance fund.

      2.  If an advance is not repaid, the state treasurer may file a claim with the state board of examiners for money to replenish the travel advance fund. If the state board approves the claim it must be paid from the reserve for statutory contingency fund.

      Sec. 2.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The reserve for statutory contingency fund is hereby created as a trust fund.

      2.  The state board of examiners shal administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:

      (a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, section 1 of this act, 282.290, 282.315, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235; and

      (b) The payment of claims which are obligations of the state under:

             (1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and

             (2) NRS 7.155, 176.223, 177.345, 178.465, 179.225 and 213.153,

but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.

      Sec. 3.  Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1091ê

 

CHAPTER 428, SB 112

Senate Bill No. 112–Committee on Judiciary

CHAPTER 428

AN ACT relating to escheated estates; creating the fund for escheated estates; providing for the retention and disposition of the interest and other income from escheated estates; authorizing the state treasurer to sell personal property which has escheated to the state; requiring executors and administrators to sell escheated property and transmit money to the state; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 154 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The state controller shall:

      1.  Keep a true account of all money paid into the state treasury for credit to the fund for escheated estates and of all real and personal property vested in the state by escheat.

      2.  Account separately for the proportionate share of interest earned on the money in the fund for escheated estates and credit an amount equal to that interest to the fund.

      3.  Transfer:

      (a) All of the interest earned on the money in the fund for escheated estates;

      (b) All income of any kind which is earned on any real or personal property vested in the state by escheat; and

      (c) All estates which are not claimed within the period fixed by NRS 154.120,

to the state permanent school fund at least annually.

      Sec. 3.  1.  The state treasurer may sell at a public sale personal property in his custody which has escheated to the state. The state treasurer shall cause public notice of the sale to be given. Any money received from the sale must be deposited in the state treasury for credit to the fund for escheated estates.

      2.  The executor or administrator having charge of an estate shall sell any real or personal property and transmit the proceeds of the sale to the state treasurer for credit to the fund for escheated estates unless the state treasurer authorizes transmittal of the property.

      Sec. 4.  NRS 154.080 is hereby amended to read as follows:

      154.080  1.  Upon any judgment [hereafter rendered, or that has heretofore been] rendered by any court of competent jurisdiction, escheating real property to the state, on motion of the attorney general, or on motion of any executor or administrator having charge of the estate, the court shall, or the court may [,] upon its own motion, make an order that the real property be sold by the sheriff of the county where the [same] property is situated, at public sale, after giving notice of the time and place of sale as is provided in cases of sale of property under execution.

      2.  The sheriff shall, within 10 days after the sale, make a report thereof to the court.

 


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

ê1983 Statutes of Nevada, Page 1092 (Chapter 428, SB 112)ê

 

thereof to the court. Upon the hearing of the report the court may examine the report and [witnesses in relation to the same,] any witnesses, and if the proceedings were unfair, or the sum bid [be] is disproportionate to the value of the property sold, or if it appears that a sum exceeding the bid by at least 10 percent may be obtained, the court may vacate the sale and direct another sale to be [had, of which notice must be given, and the sale] conducted in all respects as if no previous sale had taken place.

      3.  If an offer of 10 percent more in amount than that named in the report [be] is made to the court in writing by a responsible person, the court may [, in its discretion, accept such offer,] accept that offer and confirm the sale , [to such person,] or order a new sale.

      4.  If it appears to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a sum in excess of 10 percent of the bid cannot be obtained, or, if [the] an increased bid [mentioned above be made and] was accepted by the court, the court [must] shall make an order confirming the sale and directing the sheriff, in the name of the state, to execute to the purchaser [or purchasers] a conveyance of the property sold. The conveyance [shall vest] vests in the purchaser [or purchasers] all of the right and title of the state therein.

      5.  The sheriff shall, out of the proceeds of the sale, pay the costs of the proceedings incurred on behalf of the state, including the expenses of making the sale, and also an attorney’s fee, if additional counsel [were] was employed in the proceedings, to be fixed by the court, not exceeding 15 percent [on] of the amount of the sale. [The residue thereof shall be paid into the state treasury by the sheriff.] The sheriff shall deposit the remaining proceeds in the state treasury for credit to the fund for escheated estates.

      Sec. 5.  NRS 154.110 is hereby amended to read as follows:

      154.110  [1.  The state controller shall keep a just and true account of all money paid into the state treasury, and also of all lands and personal property vested in the state by escheat.

      2.]  The director of the state department of conservation and natural resources shall keep a [just and] true record or description of all real [estate] and personal property vested in the state be escheat. [When describing land involved in an escheatment, the description shall be shown] All real property must be described by legal subdivision , [or by a] by metes and bounds [description] sufficiently accurate to identify the ground on an approved township plat from the Bureau of Land Management [;] or, if within an approved townsite, by reference to the lot, block, and tract or subdivision.

      Sec. 6.  NRS 154.120 is hereby amended to read as follows:

      154.120  1.  If, within 6 years after any judgment escheating property to the state, any person [shall appear and claim] claims any money [that may have been paid into the state treasury] or any real or personal property vested in the state by the judgment, the person may file a petition in the district court of Carson City, stating the nature of the claim, with an appropriate prayer for the relief demanded.

 


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

ê1983 Statutes of Nevada, Page 1093 (Chapter 428, SB 112)ê

 

      2.  A copy of the petition [shall] must be served upon the attorney general before or at the time of filing . [the same.] Within 20 days after service, the attorney general shall appear in the proceeding and plead or answer [to] the petition. If, after examining all the facts, the attorney general is convinced that the state has no legal defense against the petition, he may, with the consent of the court, confess judgment on behalf of the state.

      3.  If judgment is not confessed, the petition [shall be considered] is at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order.

      4.  Upon the hearing, the court shall examine [into] the claim and hear the allegations and [proofs, from which, if the court shall find] evidence. If the court finds that the person is entitled to any money [paid into the state treasury,] it shall, by judgment, order [and direct] the state controller to draw his warrant in favor of the claimant upon the state treasurer for the sum specified in the order, but without interest , income or cost of any kind to the state. A certified copy of the judgment and order directing the state controller to draw his warrant for money [shall be] is a sufficient voucher for him [so] to do [.] so.

      5.  If any real or personal property is the subject of the trial, and the court finds the claimant entitled to it, the court shall decree accordingly . [, which decree shall be effectual for divesting] The decree divests the interests of the state in or to the [real] property, but no [costs shall] interest, income or other cost of any kind may be taxed against the state.

      6.  If any real or personal property [, other than money,] has been sold as provided in this chapter after the judgment of escheatal, [and the proceeds paid into the state treasury,] the petitioner [shall be] is entitled to the proceeds [thereof,] of the sale less the cost of the sale without any interest, income or other cost to the state of any kind, in lieu of the real or personal property, and the court shall decree accordingly.

      7.  All persons, except infants and persons of unsound mind, who [shall] fail to appear and file their petitions within the time limited in subsection 1, [shall be] are barred forever. Infants and persons of unsound mind have the right to appear and file their petitions at any time within 5 years after their respective disabilities are removed.

      Sec. 7.  NRS 154.140 is hereby amended to read as follows:

      154.140  [All moneys which have accrued or may hereafter accrue to the state from escheated estates shall be paid into the state permanent school fund.] All money received by the state from escheated estates must be deposited in the state treasury for credit to the fund for escheated estates which is hereby created as a trust fund.

      Sec. 8.  NRS 356.087 is hereby amended to read as follows:

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

 


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

ê1983 Statutes of Nevada, Page 1094 (Chapter 428, SB 112)ê

 

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

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

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

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

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

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

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

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

      (a) The dairy commission fund;

      (b) The legislators’ retirement fund;

      (c) The public employees’ retirement fund;

      (d) The state permanent school fund;

      (e) The silicosis and disabled pension fund;

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

      (g) The wildlife account;

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

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

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

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

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

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

      (n) The uninsured employers’ claim fund; [and]

      (o) The subsequent injury fund [,] ; and

      (p) Any fund for which this provision is made by specific statute,

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

 


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

ê1983 Statutes of Nevada, Page 1095 (Chapter 428, SB 112)ê

 

      Sec. 9.  1.  NRS 154.090 and 154.190 are hereby repealed.

      2.  Sections 3 and 5 of chapter 58, Statutes of Nevada 1983, are hereby repealed.

      Sec. 10.  Section 2 of chapter 58, Statutes of Nevada 1983, is hereby amended to read as follows:

       Sec. 2.  Chapter 382 of NRS is hereby amended by adding thereto a new section which shall read as follows:

       1.  The Nevada historical society may maintain up to the sum of $1,000 in a checking account with an insured bank in this state. The money in this account may be used to purchase artifacts, manuscripts, references for the library and related materials which become available to the society in an emergency or upon short notice.

       2.  Money received by the society from donations, grants, the sale of books and pamphlets, or any other source, except appropriations from the state general fund, must be deposited in the state treasury for credit to the historical dedicated trust fund which is hereby created. The money in the trust fund must be expended, within any limitations specified by the particular donors, at the discretion of the director. This money may also be used to reimburse the money expended from the checking account.

       3.  The interest and income earned on the money in the historical dedicated trust fund, after deducting any applicable charges, must be credit to the fund.

       4.  The director or a person designated in writing by him shall:

       (a) Draw all checks on the checking account.

       (b) Endorse all checks or other negotiable items made payable to the Nevada historical society for deposit in the state treasury to be credited to the trust fund.

      Sec. 11.  This section and subsection 2 of section 9 and section 10 of this act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 429, SB 453

Senate Bill No. 453–Committee on Judiciary

CHAPTER 429

AN ACT relating to attorneys at law; amending provisions governing payment of fees to attorneys appointed by the court to defend indigent defendants; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 7.125 is hereby amended to read as follows:

      7.125  1.  Except as limited by subsections 2 to 4, inclusive, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee in accordance with the following schedule:

 

 


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

ê1983 Statutes of Nevada, Page 1096 (Chapter 429, SB 453)ê

 

magistrate or the district court through the appeal, if any, is entitled to receive a fee in accordance with the following schedule:

      (a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $20 per hour.

      (b) For court appearances, $30 per hour.

      2.  The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $2,500;

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $1,000;

      (c) If the most serious crime is a misdemeanor, $300;

      (d) For an appeal of one or more misdemeanor convictions, $300; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $1,000.

      3.  An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $300.

      4.  [As used in this subsection “extraordinary circumstances” means financial burdens and hardships far in excess of those normally attendant upon the defense of indigent persons.] If the appointing court because of:

      (a) The complexity of a case or the number of its factual or legal issues;

      (b) The severity of the offense;

      (c) The time necessary to provide an adequate defense; or

      (d) Other special circumstances,

deems it appropriate [because of extraordinary circumstances] to grant a fee in excess of the applicable maximum, the payment [may] must be made , but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.

      5.  The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.

      6.  A claim made pursuant to this section must not be paid unless it is submitted within 60 days after the appointment is terminated and a statement made under oath is submitted specifying:

      (a) The amount of time spent on the matter;

 


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

ê1983 Statutes of Nevada, Page 1097 (Chapter 429, SB 453)ê

 

      (b) The type of service rendered;

      (c) The amount of expenses incurred; and

      (d) Any compensation or reimbursement which is applied for or received from any other source.

 

________

 

 

CHAPTER 430, SB 277

Senate Bill No. 277–Committee on Transportation

CHAPTER 430

AN ACT relating to abandoned vehicles; revising various notices; expanding the grounds for the denial, suspension, revocation or refusal to renew a license to act as an automobile wrecker; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 487.010 is hereby amended to read as follows:

      487.010  1.  Every keeper of a garage, parking area or trailer park who provides storage or parking for vehicles subject to registration under the laws of this state shall report the presence of [stored] vehicles to the persons set forth in subsection 3 as follows:

      (a) If there is reason to believe that the vehicle is stolen, abandoned or secreted, within 24 hours [of storage.] after storage or parking begins.

      (b) If there is reason to believe that the vehicle has been stored without the knowledge or consent of the registered owner, within 5 days [of storage.] after storage or parking begins.

      (c) In any event within 30 days [of storage] after storage or parking begins, even though notice may have previously been given under the provisions of paragraphs (a) and (b).

      2.  The notice must be [made] given on forms provided by the state agency and include the vehicle registration plate number, the vehicle identification number and [any] such other information as may be available which will aid in identifying the registered and the legal owner of the vehicle.

      3.  Notice must be [made] given in person or by mail to:

      (a) The sheriff of the county in which the vehicle is stored; [or]

      (b) If the vehicle is stored in [an incorporated] a city, the chief of police of the city; [and] or

      (c) The state agency.

      4.  The notice required by this section must be [made only] given to the state agency if the vehicle has not been stored at the direction of either the sheriff of the county or, in the case of [an incorporated] a city, the chief of police of the city in which the vehicle is stored.

      5.  [Immediately upon receipt of the notice the state agency shall:] The operator of the tow car shall within 15 days after storage begins:

 


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

ê1983 Statutes of Nevada, Page 1098 (Chapter 430, SB 277)ê

 

      (a) If the vehicle is registered in this state, notify the legal owner and any holder of a security interest who appears of record.

      (b) If the vehicle is registered in another state, request from the appropriate agency of that state the name and address of the legal owner and holder of a security interest. If [such] the names and addresses are obtained, the [state agency] operator of the tow car shall notify each of such persons.

The state agency may utilize local law enforcement agencies of this state to obtain the necessary information.

      6.  Failure to comply with the provisions of subsections 1 to 3, inclusive, renders any lien for storage beyond 24 hours, 5 days or 30 days, respectively, void.

      Sec. 2.  NRS 487.160 is hereby amended to read as follows:

      487.160  1.  The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker [is] :

      (a) Is not lawfully entitled thereto [, or has] ;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license [, or has] ;

      (c) Has failed to return a certificate of dismantling to the state agency when and as required of him by NRS 487.040 to 487.190, inclusive [, or has] ; or

      (d) Has failed to surrender to the state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.

      2.  The applicant or license may, within 30 days after receipt of the notice of [temporary denial or] refusal, suspension [,] or [within 60 days after receipt of the notice of absolute denial or] revocation, petition the department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom [shall] must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:

      (a) Does not have or maintain an established place of business in this state.

      (b) Made a material misstatement in [the] any application.

      (c) Willfully fails to comply with any provision of NRS 487.040 to 487.190, inclusive.

      (d) [Voluntarily fails for any length of time, or fails for any reason and for 60 days or more,] Fails to furnish and keep in force any bond required by NRS 487.040 to 487.190, inclusive.

      (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

      (f) Fails to maintain any license or bond required by a political subdivision of this state.

      (g) Has been convicted of a felony.

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

 


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

ê1983 Statutes of Nevada, Page 1099 (Chapter 430, SB 277)ê

 

      5.  If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      6.  The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.

      7.  For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.040 to 487.190, inclusive, or regulations of the state agency, within 10 days [of] after the receipt of those directives, is prima facie evidence of willful failure to comply.

      Sec. 3.  NRS 487.210 is hereby amended to read as follows:

      487.210  As used in NRS 487.220 to 487.300, inclusive:

      1.  “Abandoned vehicle” means any vehicle which the owner has discarded.

      2.  “Department” means the department of motor vehicles.

      [2.]3.  “Person” means a person, firm, partnership, association or corporation.

      Sec. 4.  NRS 487.240 is hereby amended to read as follows:

      487.240  [The] Upon request, the state agency [or the political subdivision employing the person who removed the vehicle] shall have the vehicle appraised within 10 days after [its removal by a person designated by the state agency.] the request.

 

________

 

 

CHAPTER 431, SB 363

Senate Bill No. 363–Senator Townsend

CHAPTER 431

AN ACT relating to insurance; removing the exemption of certain insurance agents of fraternal benefit societies from examination for an insurance agent’s license; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 695A.360 is hereby amended to read as follows:

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

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

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

      (b) A certificate by the society which is to be named in the license, stating that the society has satisfied itself that the name applicant is trustworthy and competent to act as an insurance agent and that the society will appoint the applicant to act as its agent if the license applied for is issued by the commissioner.

 


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

ê1983 Statutes of Nevada, Page 1100 (Chapter 431, SB 363)ê

 

stating that the society has satisfied itself that the name applicant is trustworthy and competent to act as an insurance agent and that the society will appoint the applicant to act as its agent if the license applied for is issued by the commissioner. Certificates must be executed and acknowledged by an officer or managing agent of the society.

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

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

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

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

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

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

 

________

 

 

CHAPTER 432, AB 383

Assembly Bill No. 383–Committee on Legislative Functions

CHAPTER 432

AN ACT relating to group insurance; allowing legislators who have served for 8 years or more to retain membership in the state’s program without retiring; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.047 is hereby amended to read as follows:

      287.047  If the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program:

      1.  Upon the termination of his employment other than by retirement, any state or other participating officer or employee, except a senator or assemblyman, may retain his membership in the state’s group insurance program, but no part of the cost of the group insurance premiums may thereafter be paid by the department, agency, commission or public agency which employed the officer or employee.

      2.  Upon retirement from the service of the state, a participating state employee [or legislator] may retain his membership in the state’s group insurance program.

 


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

ê1983 Statutes of Nevada, Page 1101 (Chapter 432, AB 383)ê

 

state employee [or legislator] may retain his membership in the state’s group insurance program.

      3.  Upon retirement from the service of the state, or upon completion of 8 years of service as such, a participating legislator may retain his membership in the state’s group insurance program.

 

________

 

 

CHAPTER 433, AB 618

Assembly Bill No. 618–Committee on Ways and Means

CHAPTER 433

AN ACT relating to nurseries; increasing the fees charged by the state department of agriculture; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 555.238 is hereby amended to read as follows:

      555.238  The minimum nursery license fee [shall be $25] is $50 per fiscal year, to which [shall] must be added:

      1.  [Ten] Twenty dollars for each additional established sales yard, store or sales location operating at other than the registered place of business within the state.

      2.  [One dollar] Two dollars for each acre of nursery stock in production or portion thereof after the first acre up to a maximum [acreage fee of $10.] fee of $15.

      3.  [Two dollars and fifty cents] Five dollars for each agent acting on behalf of a licensed nursery established in this state and operating outside of the county in which the nursery is located.

      4.  [Twenty-five] Fifty dollars for each peddler.

      Sec. 2.  NRS 555.239 is hereby amended to read as follows:

      555.239  1.  Every licensee shall [have] apply for the renewal of his nursery license [renewed] annually on or before July 1. It is unlawful to conduct business without a current license.

      2.  The fee for the renewal of a license is ascertained in the same manner as provided in NRS 555.238.

      3.  Any license may be renewed after July 15 upon payment of a [$5] penalty [fee.] of $10.

      4.  Any person who has been previously licensed to sell nursery stock and whose right to sell nursery stock has been forfeited by failure to renew his license [shall not pay] is exempt from the penalty fee if his application [for renewal of] to renew his license is accompanied by a signed statement that he has not sold any nursery stock during any part of the fiscal year for which he applies for renewal of his license.

      Sec. 3.  NRS 555.310 is hereby amended to read as follows:

      555.310  1.  The executive director shall collect from each person applying for the examination or reexamination a testing fee of [$5] $10 for each field of pest control in which the applicant wishes to be examined, subject, however, to a maximum charge of [$25] $35 and a minimum charge of [$10] $15 for any one application.

 


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

ê1983 Statutes of Nevada, Page 1102 (Chapter 433, AB 618)ê

 

examined, subject, however, to a maximum charge of [$25] $35 and a minimum charge of [$10] $15 for any one application.

      2.  Upon the successful completion of the testing, the executive director shall collect from each person applying for a license for pest control the sum of [$25] $50 before the license is issued. Any company or person employing operators, pilots or agents shall pay to the executive director [$10] $15 for each operator, pilot or agent licensed.

      Sec. 4.  NRS 581.075 is hereby amended to read as follows:

      581.075  The state sealer of weights and measures may establish a schedule of fees for any [special] tests of weighing and measuring devices determined by him to be necessary.

      Sec. 5.  NRS 582.040 is hereby amended to read as follows:

      582.040  If satisfied with the applicant’s qualifications, the state sealer of weights and measures shall issue a certificate of appointment as a public weighmaster, for which certificate he shall charge a fee of [$30.] $60. The certificate of appointment is valid for the calendar year in which it is issued. Renewal of the certificate of appointment may be obtained each year upon application to the state sealer of weights and measures, accompanied by a fee of [$20,] $50, on or before the last day of January.

 

________

 

 

CHAPTER 434, SB 306

Senate Bill No. 306–Committee on Commerce and Labor

CHAPTER 434

AN ACT relating to insurance; authorizing the commissioner of insurance to investigate any person suspected of engaging in the business of insurance; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 679B.240 is hereby amended to read as follows:

      679B.240  For the purpose of ascertaining compliance with law, or relationships and transactions between any such person and any insurer or proposed insurer, the commissioner may, as often as he deems advisable, examine the accounts, records, documents and transactions relating to such compliance or relationships of:

      1.  Any insurance agent, solicitor, broker, surplus lines broker, general agent, adjuster, insurer representative, bail bondsman, motor club agent or [person] any other licensee or any other person the commissioner has reason to believe may be acting as or holding himself out as any of the foregoing.

      2.  Any person having a contract under which he enjoys in fact the exclusive or dominant right to manage or control an insurer.

      3.  Any insurance holding company or other person holding the shares of voting stock or the [policyholder] proxies of policyholders of a domestic insurer, for the purpose of controlling the management thereof, as voting trustee or otherwise.

 


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

ê1983 Statutes of Nevada, Page 1103 (Chapter 434, SB 306)ê

 

of a domestic insurer, for the purpose of controlling the management thereof, as voting trustee or otherwise.

      4.  Any subsidiary of the insurer.

      5.  Any person engaged in this state in, or proposing to be engaged in this state in, or holding himself out in this state as so engaging or proposing, or in this state assisting in, the promotion, formation or financing of an insurer or insurance holding corporation, or corporation or other group to finance an insurer or the production of its business.

 

________

 

 

CHAPTER 435, SB 291

Senate Bill No. 291–Senators Raggio, Mello, Wagner, Townsend, Wilson, Glover and Glaser

CHAPTER 435

AN ACT relating to elections; clarifying the requirement of residence for candidates; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.1755 is hereby amended to read as follows:

      293.1755  1.  In addition to any other requirement provided by law, no person may be a candidate for any office unless , for at least 30 days before the close of filing of declarations of candidacy for the office which he seeks, he has been a legal resident of the [district] state, district, county, township, city or other area prescribed by law to which the office pertains [for at least 30 days before the close of filing of declarations of candidacy for the office which he seeks.] and, if elected, over which he will have jurisdiction or which he will represent.

      2.  Any person who knowingly and willfully files an acceptance, certificate or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.

      3.  Any person convicted under the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.

      4.  The provisions of this section do not apply to candidates for the office of district attorney.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1104ê

 

CHAPTER 436, AB 483

Assembly Bill No. 483–Assemblymen Banner, Thompson and Jeffrey

CHAPTER 436

AN ACT relating to wages; requiring the agreement by an employee for other than immediate payment to be in writing; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 608.120 is hereby amended to read as follows:

      608.120  The payment of wages or compensation [shall] must be made in lawful money of the Unites States or by a good and valuable negotiable check or draft drawn only to the order of the employee unless:

      1.  [Such] The employee has agree in writing to some other disposition of his [or her] wages; or

      2.  The employer has been directed to make some other disposition of [such] the employee’s wages by:

      (a) A court of competent jurisdiction; or

      (b) An agency of federal, state or local government with jurisdiction to issue such directives.

Such checks or drafts [shall] must be payable on presentation thereof at some bank or established place of business without discount in lawful money of the United States . [, and not otherwise, and shall] They must be payable at the place designated in the notice prescribed in NRS 608.080.

 

________

 

 

CHAPTER 437, AB 598

Assembly Bill No. 598–Committee on Commerce

CHAPTER 437

AN ACT relating to prescriptions; providing that a physician or other practitioner is liable for prescriptions transmitted orally by his agent; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 639.2355 is hereby amended to read as follows:

      639.2355  [If a practitioner authorizes an agent or agents to transmit his oral orders for prescriptions, that practitioner must submit to the secretary of the board, in a form prescribed by the board, a written statement containing his authorization for the agent or agents to transmit oral orders pursuant to subsection 1 of NRS 639.2353 and assuming full liability for any order so transmitted by the agent or agents.]

 


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

ê1983 Statutes of Nevada, Page 1105 (Chapter 437, AB 598)ê

 

A practitioner is liable for any order for a prescription which his agent orally transmits to a pharmacist.

 

________

 

 

CHAPTER 438, AB 533

Assembly Bill No. 533–Committee on Transportation

CHAPTER 438

AN ACT relating to insurance for motor vehicles; amending provisions relating to underinsured drivers; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 687B.145 is hereby amended to read as follows:

      687B.145  1.  Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.

      2.  Insurance companies doing business in this state must offer uninsured motorist coverage equal to the limits of bodily injury coverage sold to the individual policyholder. Uninsured motorist coverage must include a provision which enables the insured to recover up to the limits of his own coverage any amount of damages for bodily injury from his insurer [to] which he is legally entitled [but which exceeds] to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the bodily injury coverage carried by [the] that owner or operator . [of the other vehicle.]

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1106ê

 

CHAPTER 439, SB 341

Senate Bill No. 341–Committee on Commerce and Labor

CHAPTER 439

AN ACT relating to dentists; making certain administrative and procedural changes for the board of dental examiners; authorizing informal hearings by an investigator for the board; authorizing the board to issue subpenas and obtain search warrants; expanding the definitions of malpractice, professional incompetence and dishonorable or unprofessional conduct; increasing penalties; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.100, inclusive, and sections 3 and 4, of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  “Malpractice” means failure on the part of a dentist to exercise the degree of care, diligence and skill ordinarily exercised by dentists in good standing in the community in which he practices. As used in this section, “community” means the entire area customarily served by dentists among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of that individual dentist or the particular city or place where he has his office.

      Sec. 4.  “Professional incompetence” means lack of ability safely and skillfully to practice dentistry, or to practice on or more specified branches of dentistry, arising from:

      1.  Lack of knowledge or training;

      2.  Impaired physical or mental capability of the dentist;

      3.  Indulgence in the use of alcohol or any controlled substance; or

      4.  Any other sole or contributing cause.

      Sec. 5.  The following acts, among others, constitute unprofessional conduct:

      1.  Employing, directly or indirectly, any student or any suspended or unlicensed dentist or dental hygienist to perform operations of any kind to treat or correct the teeth or jaws, except as provided in this chapter;

      2.  Giving a public demonstration of methods of practice any place other than the office where the licensee is known to be regularly engaged in this practice;

      3.  Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry but a patient shall not be deemed to be an accomplice, employer, procurer, inducer, aider or abettor;

      4.  For a dental hygienist, practicing in any place not authorized by this chapter; or

      5.  Practicing while his license is suspended or without a renewal certificate.

 


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

ê1983 Statutes of Nevada, Page 1107 (Chapter 439, SB 341)ê

 

      Sec. 6.  The following acts, among others, constitute unprofessional conduct:

      1.  Dividing fees or agreeing to divide fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative, but licensed dentists are not prohibited from:

      (a) Practicing in a partnership and sharing professional fees;

      (b) Employing another licensed dentist or dental hygienist; or

      (c) Rendering services as a member of a nonprofit professional service corporation.

      2.  Associating with or lending his name to any person engaged in the illegal practice of dentistry or associating with any person, firm or corporation holding himself or itself out in any manner contrary to the provisions of this chapter.

      3.  Associating with or being employed by, a person not licensed pursuant to this chapter if that person exercises control over the services offered by the dentist, owns all or part of the dentist’s practice or receives or shares the fees received by the dentist. The provisions of this subsection do not apply to a dentist who associates with or is employed by a person who owns or controls a dental practice pursuant to section 10.5 of this act.

      4.  Using the name “clinic,” “institute,” or other title or designation that may suggest a public or semipublic activity.

      5.  Practicing under the name of a dentist who has not been in active practice for more than 1 year.

      Sec. 6.5.  Participating in any plan or practice in which patients are required to select a dentist from a preselected group constitutes unprofessional conduct unless those patients are also offered a plan which provides them with a reasonable opportunity to select a dentist of their own choice. The board may not revoke the license of a person who participates in such a plan or practice but may take any other action authorized in this chapter regarding unprofessional conduct.

      Sec. 7.  The following acts, among others, constitute unprofessional conduct:

      1.  Malpractice;

      2.  Professional incompetence;

      3.  Suspension or revocation of his license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

      4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

      5.  Administering, dispensing or prescribing any controlled substance or dangerous drug defined in chapters 453 or 454 of NRS, if it is not required to treat the dentist’s patient;

      6.  Chronic or persistent inebriety or addiction to a controlled substance as defined in chapter 453 of NRS, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; or

 


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

ê1983 Statutes of Nevada, Page 1108 (Chapter 439, SB 341)ê

 

      7.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this state, or conviction of any criminal violation of this chapter.

      Sec. 8.  The following acts, among others, constitute unprofessional conduct:

      1.  Publishing or circulating, directly or indirectly, any fraudulent, false or misleading statement concerning the skill or method of practice of any dentist;

      2.  Using advertising which is false or misleading;

      3.  Claiming or inferring professional superiority over neighboring practitioners;

      4.  Using fraud or misrepresentation to secure a license;

      5.  Practicing under a name, other than a lawfully assumed or fictitious name, that is false or misleading;

      6.  Submitting a false or fraudulent claim for payment to an insurer for dental services rendered;

      7.  Failing repeatedly to advise an insurer that the dentist has forgiven the patient’s share of the payment to the dentist under a policy of insurance. This failure to notify an insurer includes forgiving one patient’s debts more than once and forgiving the debt of different patients with different insurers on a regular basis.

      Sec. 9.  The following acts, among others, constitute unprofessional conduct:

      1.  Willful or repeated violations of the provisions of this chapter;

      2.  Willful or repeated violations of the regulations of the board of health or the regulations of the board of dental examiners; or

      3.  Failure to pay the fees for a license.

      Sec. 10.  The acts described in sections 5 to 9, inclusive, of this act, must not be construed as a complete list of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.

      Sec. 10.5.  A surviving member of a dentist’s family may own all or part of or control that dentist’s practice after his death, share in the fees received therefrom and control or attempt to control the services offered without being licensed pursuant to this chapter for no more than 2 years after the dentist’s death.

      Sec. 11.  1.  The board may appoint one of its members and any of its employees, investigators or other agents to conduct an investigation and informal hearing concerning any practice by a person constituting a violation of the provisions of this chapter or the regulations of the board.

      2.  The investigator designated by the board to conduct a hearing shall notify the person being investigated at least 10 days before the date set for the hearing. The notice must describe the reasons for the investigation and must be served personally on the person being investigated or by mailing it by registered or certified mail to his last known address.

 


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

ê1983 Statutes of Nevada, Page 1109 (Chapter 439, SB 341)ê

 

      3.  If, after the hearing, the investigator determines that the board should take further action concerning the matter, he shall prepare written findings of fact and conclusions and submit them to the board. A copy of his report must be sent to the person being investigated.

      4.  If the board, after receiving the report of its investigator pursuant to this section, holds its own hearing on the matter pursuant to NRS 631.630, it may consider the investigator’s report but is not bound by his findings or conclusions. The investigator shall not participate in the hearing conducted by the board.

      5.  If the person who was investigated agrees in writing to the findings and conclusions of the investigator, the board may adopt that report as its final order and take such action as is necessary without conducting its own hearing on the matter.

      Sec. 12.  1.  The district court for the county in which any investigation or hearing is being conducted by the board may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board.

      2.  If any witness refuses to attend or testify or produce any papers required by the subpena, the board may so report to the district court for the county in which the investigation or hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the board in the investigation or hearing named in the subpena, or has refused to answer questions propounded to him in the course of the investigation or hearing;

      (d) That the subpena identified specifically any documents or the subject of any testimony required;

      (e) That the documents or testimony were relevant to the allegations being investigated or heard; and

      (f) That no reasonable cause exists for the failure or refusal to comply with the subpena,

and requesting an order of the court compelling the witness to attend and testify or produce the books or papers before the board.

      3.  The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, not more than 10 days after the service of the order, and show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the board and there is no reasonable cause for the refusal or failure to comply, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as if in contempt of court.

      4.  The court may consider, in determining whether reasonable cause existed for the witness’ refusal or failure to comply with the subpena, such factors as:

 

 


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

ê1983 Statutes of Nevada, Page 1110 (Chapter 439, SB 341)ê

 

cause existed for the witness’ refusal or failure to comply with the subpena, such factors as:

      (a) The burden or cost of compliance, financial or otherwise, to the witness;

      (b) The time allowed for compliance;

      (c) The extent of the information requested in relation to the nature of the underlying charge; and

      (d) The extent of the statistical information necessary to investigate the charge adequately.

      Sec. 13.  NRS 631.015 is hereby amended to read as follows:

      631.015  [As used in this chapter, “accredited”] “Accredited” means approved by the Council on Dental Education of the American Dental Association [.] or its successor organization.

      Sec. 14.  NRS 631.020 is hereby amended to read as follows:

      631.020  [As used in this chapter, “board”] “Board” means the board of dental examiners of Nevada.

      Sec. 15.  NRS 631.030 is hereby amended to read as follows:

      631.030  [As used in this chapter, “dental hygiene”] “Dental hygiene” means the performance of educational, preventive and therapeutic [services as well as] periodontal treatment including scaling, curettage, and planing of roots and any related and required extraoral procedures that a dentist is authorized to assign to a dental hygienist [in his employ.] he employs.

      Sec. 16.  NRS 631.040 is hereby amended to read as follows:

      631.040  [As used in this chapter, “dental hygienist”] “Dental hygienist” means any person who practices dental hygiene.

      Sec. 17.  NRS 631.060 is hereby amended to read as follows:

      631.060  A person is guilty of the illegal practice of dentistry or dental hygiene who:

      1.  Sells or barters , or offers to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of dentists or dental hygienists;

      2.  Purchases or procures by barter any such diploma, certificate or transcript, with intent that it be used as evidence of the holder’s qualifications to practice dentistry, or in fraud of the laws regulating that practice;

      3.  With fraudulent intent, alters in a material regard any such diploma, certificate or transcript;

      4.  Uses or attempts to use any diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist or a dental hygienist;

      5.  Practices dentistry under a false or assumed name;

      6.  Assumes the degree of “Doctor of Dental Surgery” or “Doctor of Dental Medicine” or appends the letters “D.D.S.” or “D.M.D.” or “R.D.H.” to his name, not having conferred upon him, by diploma from an accredited dental or dental hygiene college or school legally empowered to confer the title, the right to assume the title; or assumes any title or appends any letters to his name with the intent to represent falsely that he has received a dental degree or license;

 

 


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

ê1983 Statutes of Nevada, Page 1111 (Chapter 439, SB 341)ê

 

any title or appends any letters to his name with the intent to represent falsely that he has received a dental degree or license;

      7.  Willfully makes, as an applicant for examination, license or registration under this chapter, a false statement in a material regard in an affidavit required by this chapter;

      8.  Within 10 days after demand made by the secretary of the board, fails to furnish to the board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person at any time within 60 days before the notice, together with a sworn statement showing under and by what license or authority the person and his employee are and have been practicing dentistry, but the affidavit must not be used as evidence against the person in any proceeding under this chapter.

      9.  Practices dentistry or dental hygiene in this state without a license; [or]

      10.  Except as otherwise provided in section 10.5 of this act, owns or controls a dental practice, shares in the fees received by a dentist or controls or attempts to control the services offered by a dentist if the person is not himself licensed pursuant to this chapter; or

      11.  Aids or abets another in violation any of the provisions of this chapter.

      Sec. 18.  NRS 631.070 is hereby amended to read as follows:

      631.070  [As used in this chapter, “license”] “License” means a certificate issued by the board to any applicant upon completion of requirements for admission to practice either dental hygiene or dentistry, or any of the special branches of dentistry, as provided by [such] the license.

      Sec. 19.  NRS 631.080 is hereby amended to read as follows:

      631.080  [As used in this chapter, “person”] “Person” includes a natural person, firm, association , partnership or corporation.

      Sec. 20.  NRS 631.090 is hereby amended to read as follows:

      631.090  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind;

      (c) Diagnoses, professes to diagnose or treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, gums or the maxillary bonds;

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions [;] of the teeth, mouth or gums other than as authorized by the regulations of the board;

      (g) [Supplies] Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges [;] or a residency program for those colleges;

 

 


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

ê1983 Statutes of Nevada, Page 1112 (Chapter 439, SB 341)ê

 

accredited dental colleges [;] or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases; or

      (k) Uses X-ray radiation for dental treatment or dental diagnostic purposes.

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental hygienist or X-ray technician from making radiograms or X-ray exposures for diagnostic purposes upon the direction of a licensed dentist.

      (b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      Sec. 21.  NRS 631.100 is hereby amended to read as follows:

      631.100  [As used in this chapter, “renewal certificate”] “Renewal certificate” means the certificate of renewal of a license issued by the board.

      Sec. 22.  NRS 631.130 is hereby amended to read as follows:

      631.130  1.  The governor shall appoint:

      (a) Seven members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of 5 years.

      (b) Two members who:

             (1) Are graduates of accredited schools or colleges of dental hygiene;

             (2) Are residents of Nevada; and

             (3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the board.

      (c) One member who is a representative of the general public.

      2.  The members who are dental hygienists may participate only in examinations for the licensing of dental hygienists and vote only on matters relating to the practice of dental hygiene.

      3.  The member who is a representative of the general public must not participate in [preparing, conducting or] grading any examination required by the board.

 


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

ê1983 Statutes of Nevada, Page 1113 (Chapter 439, SB 341)ê

 

      Sec. 23.  NRS 631.170 is hereby amended to read as follows:

      631.170  1.  The board shall meet at least twice a year for the purpose of examining applicants. The dates of the examinations must be fixed by the board. The board may conduct examinations outside of this state, and for this purpose may use the facilities of dental colleges, but all examinations must be conducted by [board members.] members of the board or examiners appointed by the board.

      2.  The board may also meet at such other times and places and for such other purposes as it may deem proper.

      3.  A quorum consists of:

      (a) For matters relating to dental hygiene, five members who are dentists and one member who is a dental hygienist.

      (b) For all other matters, five members who are dentists.

      Sec. 24.  NRS 631.230 is hereby amended to read as follows:

      631.230  1.  Any person is eligible to take an examination for a license to practice dentistry in the State of Nevada who:

      [1.](a) Is over the age of 21 years;

      [2.](b) Is a citizen of the United States, or who is lawfully entitled to remain and work in the United States;

      [3.](c) Is a graduate of an accredited dental school or college, or who was licensed and practicing dentistry in another state or territory of the United States continuously for a period of 5 years immediately prior to the filing of his application; and

      [4.](d) Is of good moral character.

      2.  To determine whether a person has good moral character the board may consider whether his license to practice dentistry in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.

      Sec. 25.  NRS 631.290 is hereby amended to read as follows:

      631.290  1.  Any person is eligible to take an examination for a license to practice dental hygiene in this state who:

      [1.](a) Is of good moral character;

      [2.](b) Is over 18 years of age;

      [3.](c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      [4.](d) Is a graduate of an accredited school of dental hygiene.

      2.  To determine whether a person has good moral character the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.

      Sec. 26.  NRS 631.310 is hereby amended to read as follows:

      631.310  1.  The holder of a license or current renewal certificate to practice dental hygiene may be employed to practice dental hygiene in this state in the following places:

      (a) In the office of any licensed dentist.

      (b) In a clinic or in clinics in the public schools of this state as an employee of the health division of the department of human resources.

      (c) In a clinic or in clinics in a state institution as an employee of the institution.

      (d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of the hospital, and under the direct supervision of a member of the dental staff.

 


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

ê1983 Statutes of Nevada, Page 1114 (Chapter 439, SB 341)ê

 

employee of the hospital where service is rendered only to patients of the hospital, and under the direct supervision of a member of the dental staff.

      (e) In an accredited school of dental hygiene.

      (f) In other places if specified in a regulation adopted by the board.

      2.  A dental hygienist [in private practice] may practice only under the supervision of a dentist licensed in the State of Nevada, unless otherwise provided in a regulation adopted by the board.

      Sec. 27.  NRS 631.313 is hereby amended to read as follows:

      631.313  1.  A licensed dentist may assign to a person in his employ who is a dental hygienist or dental assistant only such intraoral tasks as may be permitted by a regulation of the board [.] or by the provisions of this chapter.

      2.  The performance of these tasks must be under the supervision of the licensed dentist who made the assignment.

      3.  No such assignment is permitted that requires:

      (a) Diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.

      (b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.

      (c) Administration of general anesthetics other than by an anesthetist or anesthesiologist licensed in this state.

      Sec. 28.  NRS 631.350 is hereby amended to read as follows:

      631.350  The board may refuse to issue a license to any person, or may revoke or suspend the license or renewal certificate issued by it, of any person, or may fine a person it has licensed, upon proof satisfactory to the board that the person has:

      1.  Engaged in the illegal practice of dentistry or dental hygiene; [or]

      2.  Engaged in unprofessional conduct [.] ; or

      3.  Violated any regulations adopted by the board or the provisions of this chapter.

      Sec. 29.  NRS 631.350 is hereby amended to read as follows:

      631.350  [The] Except as provided in section 6.5 of this act, the board may refuse to issue a license to any person, or may revoke or suspend the license or renewal certificate issued by it, of any person, or may fine a person it has licensed, upon proof satisfactory to the board that the person has:

      1.  Engaged in the illegal practice of dentistry or dental hygiene;

      2.  Engaged in unprofessional conduct; or

      3.  Violated any regulations adopted by the board or the provisions of this chapter.

      Sec. 30.  NRS 631.360 is hereby amended to read as follows:

      631.360  1.  The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license or certificate under this chapter, investigate the actions of any person holding a certificate.

 


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

ê1983 Statutes of Nevada, Page 1115 (Chapter 439, SB 341)ê

 

      2.  The board shall, before refusing to issue, or before suspending or revoking any certificate, at least 10 days before the date set for the hearing, notify in writing the applicant or the holder of the certificate of any charges made. The notice may be served by delivery of it personally to the accused person or by mailing it by registered or certified mail to the place of business last specified by the accused person, as registered with the board.

      3.  At the time and place fixed in the notice, the board shall proceed to hear the charges.

      4.  The board may compel the attendance of witnesses or the production of documents or objects by subpena. Any person who is subpenaed by the board may request the board to modify the terms of the subpena or grant additional time for compliance.

      5.  The board may obtain a search warrant from a magistrate upon a showing that the warrant is needed for an investigation or hearing being conducted by the board and that reasonable cause exists to issue the warrant.

      6.  If the board is not sitting at the time and placed fixed in the notice, or at the time and place to which the hearing has been continued, the board shall continue the hearing for a period not to exceed 30 days.

      Sec. 31.  NRS 631.400 is hereby amended to read as follows:

      631.400  1.  Any person who engages in the illegal practice of dentistry in this state, or who practices or offers to practice dental hygiene in this state without a [certificate,] license, or who, having a [certificate,] license, practices dental hygiene in a manner or place not permitted by the provisions of this chapter:

      (a) [Is] If it is his first or second offense, is guilty of a gross misdemeanor.

      (b) If it is his 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.

      (c) Is liable for any costs incurred in the investigation and during the hearing, if ordered by the board. The board may assign that person specific duties as a condition of renewing his license.

      2.  Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the board.

      Sec. 32.  NRS 631.050 is hereby repealed.

      Sec. 33.  Sections 6.5 and 29 of this act shall become effective on July 1, 1984.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1116ê

 

CHAPTER 440, AB 382

Assembly Bill No. 382–Assemblymen Coffin, Ham, Bourne, Zimmer, Schofield, Dini, Jeffrey, Thompson, Malone, Sedway, Price, Perry, Nevin, Vergiels, Bogaert and Bergevin

CHAPTER 440

AN ACT relating to elections, changing the date of the primary election; changing certain other dates accordingly; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.080 is hereby amended to read as follows:

      293.080  “Primary election” means the election [on the 2nd Tuesday in September] at which candidates are nominated for the general election in the same year.

      Sec. 2.  NRS 293.175 is hereby amended to read as follows:

      293.175  1.  The primary election must be held on the first Tuesday of September in each even-numbered year.

      2.  Candidates of a political party and candidates for nonpartisan offices [shall] must be nominated at the primary election . [held in accordance with the provisions of this chapter.

      2.]3.  Independent candidates for partisan office [shall] must be nominated in the manner provided in NRS 293.200.

      [3.]4.  This chapter [shall] does not apply to:

      (a) Special elections to fill vacancies [;] .

      (b) The nomination of the officers of incorporated cities [; or] .

      (c) The nomination of district officers whose nomination is otherwise provided for by statute.

      Sec. 3.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193, not earlier than January 1 of the year in which the election is to be held not later than 5 p.m. of the [3rd] 1st Wednesday in July.

      2.  A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ................ for the

Office of..............................

 

State of Nevada

 

 

County of................................

}

ss.

 

For the purpose of having my name placed on the official primary ballot as a candidate for the ........................... Party nomination for the office of ......................, I, the undersigned ......................., do swear (or affirm) that I reside at No. ............................,

 


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

ê1983 Statutes of Nevada, Page 1117 (Chapter 440, AB 382)ê

 

........................ Street, in the City (or Town) of ......................., County of ........................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more prior to the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the ................. Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 prior to the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of such political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ................. Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name shall appear on all ballots as here designated.

 

                                                                                                .......................................................

                                                                                                        (Designation of name)

 

                                                                                                .......................................................

                                                                                             (Signature of candidate for office)

 

Subscribed and sworn to before

 

me this ............ day of ..............., 19.......

 

...............................................................................

             Notary Public (or other officer

          authorized to administer an oath)

 

      3.  A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.

      4.  For party designation in nonpartisan elections must not be shown on the declaration of candidacy.

      Sec. 4.  NRS 293.180 is hereby amended to read as follows:

      293.180  1.  Ten or more registered voters may, not earlier than the [2nd Monday in June] last Monday in May not later than 5 p.m. on the [2nd Friday in July,] last Friday in June, file a certificate of candidacy designating any registered voter as a candidate for his party’s nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office. When [such] the certificate has been filed, the officer in whose office it is filed shall notify the person named in [such] the certificate. If the person named in the certificate files an acceptance of such candidacy and pays the required fee, as provided by law, he shall be a candidate in the primary election in like manner as if he filed a declaration of candidacy.

      2.  If any such certificate of candidacy relates to a partisan office, all of the signers shall be of the same political party as the candidate designated.

 


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

ê1983 Statutes of Nevada, Page 1118 (Chapter 440, AB 382)ê

 

      Sec. 5.  NRS 293.187 is hereby amended to read as follows:

      293.187  1.  On or before the [4th] 2nd Monday in July, the secretary of state shall transmit to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the office of the secretary of state, and who is entitled to be voted for in such county at the next succeeding primary election, together with the title of the office for which such person is a candidate and the party or principles he represents.

      2.  There [shall] must be a party designation only for candidates for partisan offices.

      Sec. 6.  NRS 293.200 is hereby amended to read as follows:

      293.200  1.  Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of ballots cast in the state or in the county, district or municipality electing such officer at the last preceding general election. The certificate may consist of more than one document.

      2.  Each signer shall add to his signature the address of the place at which he actually resides and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.

      3.  [Such] The certificate of candidacy may state the principle, if any, which the person qualified represents.

      4.  Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties [shall] must be filed with the secretary of state and all other such certificates of candidacy [shall] must be filed with the clerk of the county wherein the officers are to be voted for.

      5.  Certificates of candidacy provided for in this section [shall] must be filed not earlier than the [2nd Monday in June] last Monday in May and not later than 5 p.m. on the [last] 2nd Friday in June.

      6.  No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.

      7.  A person may not file as an independent candidate if he, in fact, is proposing to run as the candidate for a political party whose name includes the word “independent.”

      8.  The names of independent candidates [shall] must be placed on the general election ballot and [shall] must not appear on the primary election ballot.

      9.  If the candidacy of any person seeking to qualify under this section is challenged, all affidavits and documents in support of such challenge [shall] must be filed not later than 5 p.m. on the [3rd] 1st Wednesday in July. Any court proceeding resulting from such challenge shall be set for hearing not less than 5 days and not more than 10 days after the [3rd] 1st Wednesday in July.

 


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

ê1983 Statutes of Nevada, Page 1119 (Chapter 440, AB 382)ê

 

      10.  Any challenge pursuant to subsection 9 [shall] must be filed with:

      (a) The district court for Carson City if the certificate of candidacy was filed with the secretary of state.

      (b) The district court for the county where the certificate of candidacy was filed if the certificate was filed with a county clerk.

      Sec. 7.  NRS 293.205 is hereby amended to read as follows:

      293.205  On or before the [1st Wednesday in July] 2nd Wednesday in June of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to 293.213, inclusive.

      Sec. 8.  NRS 293.345 is hereby amended to read as follows:

      293.345  The county clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the [4th] 3rd Thursday in August and before 5 p.m. on the 4th Tuesday in October of any year in which a general election is to be held, an official mailing ballot to be voted by him at such election.

      Sec. 9.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when [such] the governing body decides to submit a question:

      (a) At a general election, shall provide a copy of [such] the question to each county clerk within the designated territory on or before the [1st Monday in August] 3rd Monday in July preceding the election.

      (b) At a primary election, shall provide a copy of [such] the question to each county clerk within the designated territory on or before the [3rd] 1st Monday in July preceding the election.

      (c) At any election (other than a primary or general election) at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of [such] the question to each county clerk at least 35 days prior to the election.

      2.  The requirements of subsection 1 do not apply to any question expressly privileged or required under article 19 of the constitution of the State of Nevada or under chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1120ê

 

CHAPTER 441, AB 374

Assembly Bill No. 374–Committee on Commerce

CHAPTER 441

AN ACT relating to insurance; establishing requirements for binders and policies issued pursuant to binders; specifying the effect of a binder; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 687B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, “binder” means an oral or written contract for temporary insurance which is used when a policy is not immediately issued to evidence that the coverage attaches at a specified time and continues until the policy is issued or the risk is declined.

      Sec. 3.  1.  A binder may be issued only by a resident or nonresident agent appointed by the insurer which is to issue the policy.

      2.  Except as provided in subsection 3, a binder must not be effective for more than 90 days.

      3.  The effective period of a binder may be extended 30 days at a time with the written approval of the commissioner.

      Sec. 4.  1.  All written binders must be made on forms approved by the commissioner.

      2.  If a binder is in writing, one copy must be delivered either in person or by mailing first class to:

      (a) The insured; and

      (b) The insurer providing coverage under the binder,

within 24 hours after the binder becomes effective.

      Sec. 5.  1.  A policy which is issued to replace a binder must include:

      (a) Limits of coverage which are equal to the limits stated in the binder; and

      (b) An effective date for the policy which is the same as the effective date of the initial binder.

      2.  The premium for such a policy must include the charge for the period covered by the binder and that charge must be in accordance with rates filed with the commissioner pursuant to chapter 686B of NRS.

      Sec. 6.  Sections 2 to 8, inclusive, of this act do not prevent the exercise of a right to disapprove of the insurer or its representative on the basis of:

      1.  The adequacy and terms of the coverage with respect to the interest of the vendor, lender, lessor or other person providing a service to the insured;

      2.  The financial standards to be met by the insurer; or

      3.  The ability of the insurer or its representative to service the policy.

 


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

ê1983 Statutes of Nevada, Page 1121 (Chapter 441, AB 374)ê

 

      Sec. 7.  An insurer may not use a binder as a means to lower a premium which an insured is charged.

      Sec. 8.  A binder which is issued in accordance with sections 2 to 7, inclusive, of this act shall be deemed a policy for the purpose of providing that a person has insurance coverage.

      Sec. 9.  NRS 687B.310 is hereby amended to read as follows:

      687B.310  1.  NRS 687B.310 to 687B.390, inclusive, apply to all binders and all contracts of insurance the general terms of which are required to be approved or are subject to disapproval by the commissioner, except as otherwise provided by statute or by rule under subsection 3.

      2.  The contract may provide terms more favorable to policyholders than are required by NRS 687B.310 to 687B.390, inclusive.

      3.  The commissioner may by rule exempt from NRS 687B.310 to 687B.390, inclusive, classes of insurance contracts where the policyholders do not need protection against arbitrary termination.

      4.  The rights provided by NRS 687B.310 to 687B.390, inclusive, [shall be] are in addition to and [shall] do not prejudice any other rights the policyholder may have at common law or under other statutes.

      5.  [Nothing in] NRS 687B.310 to 687B.390, inclusive, [shall be construed to] do not prevent the rescission or reformation of any life or health insurance contract not otherwise denied by the terms of the contract or by any other statute.

 

________

 

 

CHAPTER 442, AB 315

Assembly Bill No. 315–Assemblyman Schofield

CHAPTER 442

AN ACT relating to hazardous waste; revising provisions relating to the disclosure of information obtained by the department of conservation and natural resources in regulating the management of hazardous waste; providing and increasing penalties; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 444.762 is hereby amended to read as follows:

      444.762  1.  Except as otherwise provided in [subsection 2,] this section, information which the department obtains in the course of the performance of its duties relating to hazardous waste is public information.

      2.  [Information] Any information which specifically relates to:

      (a) The trade secrets, processes, operations, style of work or apparatus of any person; or

      (b) The identity, confidential statistical information, amount or source of any income, profits, losses or expenditures of any particular person,

is confidential [and may be disclosed only to other officers, employees and authorized representatives of the commission or department.]

 


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

ê1983 Statutes of Nevada, Page 1122 (Chapter 442, AB 315)ê

 

and authorized representatives of the commission or department.] whenever it is established to the satisfaction of the director that the information is entitled to protection as a trade secret. In determining whether the information is entitled to such protection, the director shall consider, among other things, whether the disclosure of that information would tend to affect adversely the competitive position of the information’s owner.

      3.  Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this state or the United States if:

      (a) He is engaged in carrying out the provisions of NRS 444.700 to 444.778, inclusive; or

      (b) The information is relevant in any judicial proceeding or adversary administrative proceeding under NRS 444.700 to 444.778, inclusive, and is admissible under the rules of evidence.

      Sec. 2.  NRS 444.778 is hereby amended to read as follows:

      444.778  Any person who, intentionally or with criminal negligence, violates subsection 1 of NRS 444.746, any term or condition of a permit issued pursuant to NRS 444.748 or an order issued by the department relating to hazardous waste:

      1.  For the first violation, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $25,000 [,] for each day of the violation, or by both fine and imprisonment.

      2.  For a second or subsequent violation, shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $50,000 [,] for each day of the violation, or by both fine and imprisonment.

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

 

________

 

 

CHAPTER 443, AB 582

Assembly Bill No. 582–Assemblymen Humke, Stone, Ham, Malone, Bilyeu, Fay, Nevin, Swain, Stewart, Berkley and Collins

CHAPTER 443

AN ACT relating to fingerprinting; providing a procedure to enable a parent or guardian of a minor child to obtain a card containing the child’s fingerprints to help identify the child if he is lost, kidnaped or killed; prohibiting law enforcement agencies from retaining a copy of the fingerprints; prohibiting the use of the fingerprint card in any juvenile or criminal investigation or proceeding against the child; requiring persons who fingerprint such children to do so in a certain manner; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A parent or guardian of a child may request that the child be fingerprinted by any law enforcement agency on this state.

 


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

ê1983 Statutes of Nevada, Page 1123 (Chapter 443, AB 582)ê

 

fingerprinted by any law enforcement agency on this state. If the law enforcement agency agrees to perform the service and accepts payment of the same fee charged to others for this service, if any, the law enforcement agency shall fingerprint the child and give the fingerprint card to the parent or guardian. A law enforcement agency which fingerprints a child under this section shall not retain a fingerprint card or any other copy of the child’s fingerprints prepared pursuant to this section.

      2.  The fingerprint card must include in a conspicuous place on the card a statement that the card may be used for identification purposes only and may not be used in any juvenile or criminal investigation or proceeding conducted against the child.

      3.  A fingerprint card prepared pursuant to this section may be used by a law enforcement agency only to help identify a child who is lost, kidnaped or killed. The card may not be used by anyone in any investigation or proceeding conducted against the child under chapter 62 of NRS or under the criminal laws of this state.

      4.  Any other person, firm or corporation that fingerprints children for identification purposes shall take the fingerprints in a manner which meets the standards set by the Federal Bureau of Investigation as those standards exist on July 1, 1983.

 

________

 

 

CHAPTER 444, SB 83

Senate Bill No. 83–Committee on Commerce and Labor

CHAPTER 444

AN ACT relating to administrative regulations; dispensing with notice and hearing upon the conversion of a temporary to a permanent regulation; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233B.033 is hereby amended to read as follows:

      233B.033  “Emergency regulation” means a regulation adopted pursuant to [subsection 5 of NRS 233B.060.] section 7 of this act.

      Sec. 2.  NRS 233B.060 is hereby amended to read as follows:

      233B.060  1.  [Prior to the adoption, amendment or repeal of] Except as otherwise provided in subsection 2 and in section 6 of this act, before adopting, amending or repealing any regulation, the agency shall give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

      2.  [The notice must:

      (a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.

 


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

ê1983 Statutes of Nevada, Page 1124 (Chapter 444, SB 83)ê

 

      (b) State each address at which the text of the proposed regulation may be inspected and copied.

      (c) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be kept by the agency for such purpose.

The attorney general may by regulation prescribe the form of notice to be used, which shall be distributed to each recipient of the agency’s regulations. The agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      3.  The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at lest one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. After the director of the legislative counsel bureau has filed the original and a copy of the final draft or revision of the regulation with the secretary of state, the secretary of state may discard the deposited copy of the proposed regulation.

      4.  All interested persons shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      5.  If an agency finds that an emergency exists, and such a finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A copy of the regulation shall also be filed with the legislative counsel bureau. A regulation so adopted may be effective for a period of not longer than 120 days. A regulation may be adopted by this emergency procedure only once, but the adoption of an identical regulation under subsections 1 to 3, inclusive, is not precluded.

      6.  No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this chapter but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. Regulations in effect on July 1, 1965, continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies were deposited with the secretary of state on or before July 1, 1965.] If an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the legislative counsel and the adopted regulation is subject to review by the legislative commission.

      Sec. 3.  Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 8, inclusive, of this act.

 


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

ê1983 Statutes of Nevada, Page 1125 (Chapter 444, SB 83)ê

 

      Sec. 4.  1.  The notice of intent to act upon a regulation must:

      (a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.

      (b) State each address at which the text of the proposed regulation may be inspected and copied.

      (c) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for such purpose.

      2.  The attorney general may by regulation prescribed the form of notice to be used, which must be distributed to each recipient of the agency’s regulations. The agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      Sec. 5.  The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. After the director of the legislative counsel bureau has filed the original and a copy of the final draft or revision of the regulation with the secretary of state, the secretary of state may discard the deposited copy of the proposed regulation.

      Sec. 6.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      Sec. 7.  If an agency finds that an emergency exists, and this finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A copy of the regulation must also be filed with the legislative counsel bureau. A regulation so adopted may be effective for a period of not longer than 120 days. A regulation may be adopted by this emergency procedure only once, but the adoption of an identical regulation after notice and the opportunity for a hearing as provided in this chapter, is not precluded.

      Sec. 8.  No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this chapter but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. Regulations in effect on July 1, 1965, continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies were deposited with the secretary of state on or before July 1, 1965.

 


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

ê1983 Statutes of Nevada, Page 1126 (Chapter 444, SB 83)ê

 

      Sec. 9.  This act shall become effective on June 1, 1983.

 

________

 

 

CHAPTER 445, AB 273

Assembly Bill No. 273–Assemblymen Bourne, Kovacs, Nevin, Stone, Fay, Swain, Zimmer, Bogaert, Schofield, Thomas, Beyer, Sader, Banner, Ham, Getto, Bilyeu, Kerns, Joerg, Sedway, DuBois, Humke, Collins, Thompson, Vergiels, Berkley, Malone, Bergevin, Jeffrey, Craddock, Marvel, May, Dini, Brady, Redelsperger, Stewart, Bremner and Coffin

CHAPTER 445

AN ACT relating to insurance; requiring the commissioner of insurance to hire or contract with a person who is a specialist in containing the costs of health care; requiring that employee to administer the program for the accounting and financial reports for health and care facilities; authorizing the commissioner to impose fees on health and care facilities and health insurers to cover the costs of administering the program; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 679B.090 is hereby amended to read as follows:

      679B.090  1.  The commissioner may employ such other technical, actuarial, rating, clerical and other assistants and examiners as [the commissioner] he may reasonably require for execution of his duties, each of whom [shall] must be in the classified service of the state. They [shall receive] are entitled to salaries, per diem expense allowances and travel expenses as fixed by law.

      2.  The commissioner may contract for and procure services of examiners and other or additional specialized technical or professional assistance, [on an independent contractor or fee basis, as the commissioner] as independent contractors or for a fee, as he may reasonably require [, and none] . None of the [individuals] persons providing [such] those services or assistance on [such] a contract or fee basis [shall] may be in the classified service of the state.

      3.  The commissioner shall employ or contract with a person who has knowledge and training concerning health and care facilities and the methods used to contain costs at those facilities. Under the supervision of the commissioner, this employee shall perform the commissioner’s duties under the provisions of NRS 449.440 to 449.530, inclusive, and section 1.1 of this act and any other duties concerning health and care facilities or insurance assigned to him by the commissioner.

      Sec. 1.1.  Chapter 449 is hereby amended by adding thereto a new section which shall read as follows:

      The commissioner may, by regulation, impose fees upon health and care facilities and admitted health insurers to cover the costs of carrying out the provisions of NRS 449.440 to 449.530, inclusive, and this section. The fee schedule established by the commissioner must, as nearly as practicable, provide for the payment of one-half of those costs by health and care facilities and one-half by admitted health insurers.

 


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

ê1983 Statutes of Nevada, Page 1127 (Chapter 445, AB 273)ê

 

costs by health and care facilities and one-half by admitted health insurers.

      Sec. 1.2.  NRS 449.450 is hereby amended to read as follows:

      449.450  The following terms, wherever used or referred to in NRS 449.440 to 449.530, inclusive, and section 1.1 of this act, have the following meaning unless a different meaning clearly appears in the context:

      1.  “Admitted health insurer” means an insurer authorized to transact health insurance in this state under a certificate of authority issued by the commissioner.

      2.  “Commissioner” means the commissioner of insurance.

      [2.]3.  “Health and care facility” means any person, institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness and provides beds for inpatient care. The term includes but is not limited to hospitals, convalescent care facilities, nursing care facilities, detoxification centers and all specialized medical health care facilities.

      Sec. 1.3.  NRS 449.520 is hereby amended to read as follows:

      449.520  On or before October 1, [1976,] 1984, and every year thereafter, the commissioner [may] shall prepare and transmit to the governor and the interim finance committee a report of the commissioner’s operations and activities for the preceding fiscal year. This report [shall] must include copies of all summaries, compilations and supplementary reports required by NRS 449.440 to 449.530, inclusive, and section 1.1 of this act, together with such facts, suggestions and policy recommendations as the commissioner deems necessary.

 

________

 

 

CHAPTER 446, AB 468

Assembly Bill No. 468–Assemblymen Redelsperger and Dini

CHAPTER 446

AN ACT relating to unincorporated towns; providing staggered terms for members of town advisory boards in certain counties; authorizing the election of those boards; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 269.577 is hereby amended to read as follows:

      269.577  [Each] 1.  The board of county commissioners of any county whose population is less than 250,000 shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, [must] provide for:

      [1.  Appointment] (a) The appointment by the board of county commissioners or the election by the people of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board.

 


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

ê1983 Statutes of Nevada, Page 1128 (Chapter 446, AB 468)ê

 

      [2.  Terms for members of the town advisory board, which must expire on the first Monday in January of each odd-numbered year.

      3.  Removal] (b) The removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.

      [4.]2.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

      3.  The duties of the town advisory board, [which] are to:

      (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

      (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

      [5.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.]

      Sec. 2.  Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  The board of county commissioners of any county whose population is less than 250,000 shall appoint members for an appointive town advisory board which is created after June 30, 1983, to initial terms as follows:

      (a) For a three-member board:

             (1) One member for a term of no more than 1 year; and

             (2) Two members for terms of more than 1 year but no more than 2 years.

Each term must end on the first Monday in January of the appropriate year.

      (b) For a five-member board:

             (1) Two members for terms of no more than 1 year; and

             (2) Three members for terms of more than 1 year but no more than 2 years.

Each term must end on the first Monday in January of the appropriate year.

      2.  As the initial terms expire, the board of county commissioners shall appoint members for terms of 2 years thereafter.

      3.  If the town board is made elective after June 30, 1983, the ordinance creating it must provide for the division of the first elected board by lot into two classes whose terms will correspond to those provided in subsection 1.

      Sec. 4.  The board of county commissioners of any county having a population of 250,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

      1.  Appointment by the board of county commissioners of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board.

 


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

ê1983 Statutes of Nevada, Page 1129 (Chapter 446, AB 468)ê

 

      2.  Terms for members of the town advisory board, which must expire on the first Monday in January of each odd-numbered year.

      3.  Removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.

      4.  The duties of the town advisory board, which are to:

      (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

      (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

      5.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

      Sec. 5.  The appropriate board of county commissioners shall, for the terms of members of town advisory boards which expire on January 7, 1985:

      1.  Appoint the succeeding members in the manner set forth in subsection 1 of section 2 of this act and for the maximum terms authorized therein. As those terms expire, the board of county commissioners shall appoint members for terms of 2 years thereafter.

      2.  Provide for the division of an elective town board by lot into two classes as provided in subsection 3 of section 2 of this act.

 

________

 

 

CHAPTER 447, AB 660

Assembly Bill No. 660–Assemblyman Beyer (by request)

CHAPTER 447

AN ACT relating to local boards of health; requiring that regulations be filed with the county or city clerk; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.200 is hereby amended to read as follows:

      439.200  1.  The state board of health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:

      (a) To define and control dangerous communicable diseases.

      (b) To prevent and control nuisances.

      (c) To regulate sanitation and sanitary practices in the interest of the public health.

      (d) To provide for the sanitary protection of water and food supplies.

      (e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, NRS 444.650 and NRS 445.080 to 445.710, inclusive.

 


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

ê1983 Statutes of Nevada, Page 1130 (Chapter 447, AB 660)ê

 

444.440 to 444.620, inclusive, NRS 444.650 and NRS 445.080 to 445.710, inclusive.

      (f) To protect and promote the public health generally.

      (g) To carry out all other purposes of this chapter.

      2.  Except as otherwise provided in NRS 444.650, such regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the state regulations provided for in this section.

      3.  A copy of every regulation adopted by the state board of health [and every regulation of a county, district or city board of health approved by the state board of health, showing the date that any such regulations take effect,] must be filed with the secretary of state [,] and copies of [such] the regulations must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.

      Sec. 2.  NRS 439.350 is hereby amended to read as follows:

      439.350  The county board of health shall:

      1.  Oversee all sanitary conditions of the county in which the board is created.

      2.  [Make such rules and] Adopt such regulations as may be necessary for the prevention, suppression and control of any contagious or infectious disease dangerous to the public health, which [rules and] regulations [shall] take effect [from and after their] immediately upon approval by the state board of health.

      3.  File a copy of all of its adopted regulations with the county clerk.

      Sec. 3.  NRS 439.460 is hereby amended to read as follows:

      439.460  The city board of health shall:

      1.  Oversee all sanitary conditions of the city in which the board is created.

      2.  [Make such rules and] Adopt such regulations as may be necessary for the prevention, suppression and control of any contagious or infectious disease dangerous to the public health, which [rules and] regulations [shall] take effect [from and after their] immediately upon approval by the state board of health.

      3.  File a copy of all of its adopted regulations with the city clerk.

      Sec. 4.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1131ê

 

CHAPTER 448, AB 304

Assembly Bill No. 304–Assemblymen Berkley, Stewart, Vergiels, May, Sader and Sedway

CHAPTER 448

AN ACT relating to motor vehicle insurance; requiring an applicant for original registration to furnish proof of having the required insurance or other security; providing a fee for the reinstatement of certain registrations and providing specifically for its use; continuing the procedure for verification of certain insurance by sampling a percentage of owners of registered vehicles and continuing the requirement that insurers provide evidence of insurance to their insureds; providing an exception to the procedure for reinstatement of registration; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Applications for all registrations, except [renewal registrations,] renewals of registration, must be made in person, if practicable, to any office or agent of the department.

      3.  Each application must be made upon the appropriate form furnished by the department and contain:

      (a) The signature of the owner.

      (b) His residence address.

      (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

      (e) [A] Proof satisfactory to the department that the applicant has provided the security required by NRS 485.185 covering the vehicle to be registered and his signed declaration [by the applicant] that he [has and] will maintain [,] the security during the period of registration . [, security as required by NRS 485.185 covering the motor vehicle to be registered.]

      (f) If the security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.

 


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

ê1983 Statutes of Nevada, Page 1132 (Chapter 448, AB 304)ê

 

      (g) If required, evidence of [emission control compliance.] the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as may be required by the department, and must be accompanied by proof of ownership satisfactory to the department.

      5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

      (a) Vehicles which are subject to the license fee and registration requirements of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on [the] his original [or renewal applications for] application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of ten or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared as a fleet by the registered owner thereof annually for the purposes of [original or renewal] an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who has qualified as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.

      Sec. 2.  NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the department for the registration , [or] transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $12.

      2.  For every motorcycle, a registration fee of $12.

      3.  For every bus or motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmaster’s certificate, a registration fee of $12.

      4.  For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $6. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $9. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:

 

3,501 to and including 3,549 pounds............................................................      $12

3,550 to and including 3,649 pounds............................................................        14

3,650 to and including 3,749 pounds............................................................        16

3,750 to and including 3,849 pounds............................................................        18

3,850 to and including 3,949 pounds............................................................        20

3,950 to and including 3,999 pounds............................................................        22

 

      5.  For every bus or motortruck having an unladened weight of more than 3,500 pounds and less than 5,000 pounds, fees according to the following schedule:

 

 


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

ê1983 Statutes of Nevada, Page 1133 (Chapter 448, AB 304)ê

 

3,501 to and including 3,549 pounds............................................................      $14

3,550 to and including 3,649 pounds............................................................        16

3,650 to and including 3,749 pounds............................................................        18

3,750 to and including 3,849 pounds............................................................        20

3,850 to and including 3,949 pounds............................................................        22

3,950 to and including 3,999 pounds............................................................        24

4,000 to and including 4,999 pounds............................................................        27

 

      6.  For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every bus or motortruck having an unladened weight of 5,000 pounds or more, 60 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate. At the time of weighing, each vehicle must have in place each accessory and appliance belonging to and used on the vehicle in the transportation of property. Whenever a camper is attached to a motortruck, the camper shall be considered as a load and the fees imposed by this section upon the motortruck must be based on the unladened weight of the motortruck, exclusive of the camper.

      7.  Except as provided in subsection 8, for each transfer of registration the fee is $5.

      8.  The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 is $5 plus the excess, if any, of the fee which would have been payable for an original registration of the vehicle over the fee paid for registration of the vehicle from which the registration is transferred.

      9.  For every motor vehicle there is an additional fee of $4 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.

      10.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 the fee is $50, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.

      11.  For every travel trailer, the registration fee is $12.

      [11.]

A vehicle which is properly registered under this section is exempt from the provisions of NRS 706.506, 706.516, 706.521 and 706.526.

      Sec. 3.  NRS 485.383 is hereby amended to read as follows:

      485.383  1.  The department shall annually select, on a random sample basis, not [more] less than 10 percent of the motor vehicles registered in this state on which the security is a contract of insurance for a verification of motor vehicle insurance.

      2.  The department shall send a verification form to the owner of each vehicle selected for an insurance verification. The owner shall complete the form with all the information which is requested by the department [, including the name of the insurer and the policy number for the vehicle,] and return the form and evidence of the insurance within 15 days.

 


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

ê1983 Statutes of Nevada, Page 1134 (Chapter 448, AB 304)ê

 

for the vehicle,] and return the form and evidence of the insurance within 15 days.

      3.  When the department receives a completed verification form it shall send the form to the named insurer.

      4.  Upon receipt of an insurance verification form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer does not have a current contract of insurance covering the vehicle.

      5.  The department shall suspend the vehicle registration and require the return to the department of the license plates of any vehicle for which a verification form is not returned to the department by the owner within 15 days or for which the verification form is returned by the insurer with a denial of coverage.

      6.  [The] Except as provided in subsection 10, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the owner of proof of financial responsibility for a period of 3 years.

      7.  A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.

      8.  If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.

      9.  An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

      10.  If an owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date on which the sample was taken, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.

      Sec. 4.  Section 7 of chapter 697, Statutes of Nevada 1981, at page 1696, is hereby amended to read as follows:

       Sec. 7.  1.  [This act] All sections of this act except section 3 shall become effective on January 1, 1982.

       2.  [Sections 1 and 6 of this act expire by limitation on June 30, 1983.

       3.  Sections 3 and 5] Section 3 of this act shall become effective on July 1, 1983.

      Sec. 5.  Section 5 of chapter 697, Statutes of Nevada 1981, at page 1695, is hereby repealed.

      Sec. 6.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

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

ê1983 Statutes of Nevada, Page 1135ê

 

CHAPTER 449, AB 275

Assembly Bill No. 275–Assemblymen Malone, Stewart, Humke, Berkley, Ham, Stone, Nevin, Fay, Getto, Bogaert and Bergevin

CHAPTER 449

AN ACT relating to crimes; providing for the forfeiture of certain property used in certain crimes; requiring that all proceeds from the sale of such property, after the payment of expenses, be used to assist certain victims of crimes; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, sexual assault, robbery, kidnaping, burglary, grand larceny or pandering is subject to forfeiture.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony are subject to forfeiture except that:

      (a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony;

      (b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and

      (c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.

No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.

      Sec. 3. 1.  Property subject to forfeiture under the provisions of section 2 of this act may be seized by a law enforcement agency upon process issued by any magistrate who has jurisdiction over the property.

      2.  Seizure without process may be made if:

      (a) The seizure is incident to an arrest; or

      (b) The law enforcement agency has probable cause to believe that the property was used in a manner which would cause the property to be subject to forfeiture.

      3.  Property seized under this section is deemed to be in the custody of the agency subject only to orders of the court which has jurisdiction over the proceedings for forfeiture.

 


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

ê1983 Statutes of Nevada, Page 1136 (Chapter 449, AB 275)ê

 

over the proceedings for forfeiture. An agency which has seized such property without process shall begin the proceedings for forfeiture promptly. Such an action takes precedence over other civil proceedings. The seized property is subject to an action to claim the delivery of the property if the agency does not file the complaint for forfeiture within 60 days after the property is seized. If a complaint for forfeiture is filed after an affidavit claiming delivery, the complaint must be treated as a counterclaim.

      4.  The agency may:

      (a) Place the seized property under seal;

      (b) Remove the seized property to a place designated for storage of such property; or

      (c) Remove the seized property to an appropriate place for disposition if disposal is authorized by a specific statute.

      5.  When the court declares that property seized pursuant to section 2 of this act is forfeited, the seizing agency may:

      (a) Retain it for official use;

      (b) Sell that which is not required to be destroyed by law; or

      (c) Remove it for disposition.

      6.  The proceeds from the sale of any such property must be used for the payment of all proper expenses of the proceedings for forfeiture and sale, including the expenses of seizure, maintenance of custody, advertising and court costs. Any balance remaining must be paid to the state treasurer for deposit in the state treasury for credit to the fund for the compensation of victims of crimes.

      Sec. 4.  NRS 217.260 is hereby amended to read as follows:

      217.260  1.  Money for payment of compensation as ordered by the board must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid.

      2.  Money deposited in the fund which is recovered from a forfeiture of assets pursuant to section 7 of [this act] Assembly Bill No. 189 of this session must be used for the counseling and medical treatment of minors who are involved in the production of pornography in violation of NRS 200.509 or section 3 or 4 of [this act.] Assembly Bill No. 189 of this session.

      3.  If on June 30 of any year the fund contains more than [$250,000,] $350,000, excluding any money deposited which is recovered from a forfeiture of assets pursuant to section 7 of [this act,] Assembly Bill No. 189 of this session, the state treasurer shall distribute the excess of the counties in the same proportion that the money which each county paid to the fund bears to the amount paid to the fund by all counties. The distribution must be made on or before July 31, and the money must be deposited in the general fund of each county.

 

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

ê1983 Statutes of Nevada, Page 1137ê

 

CHAPTER 450, SB 441

Senate Bill No. 441–Committee on Government Affairs

CHAPTER 450

AN ACT relating to the Tahoe transportation district; conferring additional powers on that district; and providing other matters properly relating thereto.

 

[Approved May 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 277.200 is hereby amended to read as follows:

      277.200  The Tahoe Regional Planning Compact is as follows:

 

Tahoe Regional Planning Compact

 

ARTICLE I.  Findings and Declarations of Policy

 

      (a) It is found and declared that:

             (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

             (2) The public and private interests and investments in the region are substantial.

             (3) The region exhibits unique environmental and ecological values which are irreplaceable.

             (4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

             (5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

             (6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

             (7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

             (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

             (9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

 


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

ê1983 Statutes of Nevada, Page 1138 (Chapter 450, SB 441)ê

 

            (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its manmade environment.

      (b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

      (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

 

ARTICLE II.  Definitions

 

As used in this compact:

      (a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B.&M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

      (b) “Agency means the Tahoe Regional Planning Agency.

      (c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

      (d) “Regional plan” means the long-term general plan for the development of the region.

      (e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

      (f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half , big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences or prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

 


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

ê1983 Statutes of Nevada, Page 1139 (Chapter 450, SB 441)ê

 

operated by charitable or educational organizations, to the extent excluded by applicable state law.

      (g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

      (h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

      (i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

      (j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

      (k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

      (l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas of each side of the hallway are hotel rooms.

      (m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.

 

ARTICLE III.  Organization

 

      (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

      The governing body of the agency shall be constituted as follows:

      (1) California delegation:

      (A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

      (2) Nevada delegation:

      (A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

 


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

ê1983 Statutes of Nevada, Page 1140 (Chapter 450, SB 441)ê

 

of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

      (C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

      (3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

      (4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

      (5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

      (A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000.

      (B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000.

      (C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

      (D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

No member or employee of the agency shall make, or attempt to influence, any agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

 


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

ê1983 Statutes of Nevada, Page 1141 (Chapter 450, SB 441)ê

 

disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

      (b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

      (c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

      (d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

      (e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

      (f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

      (g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

      (1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of a least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.

 


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

ê1983 Statutes of Nevada, Page 1142 (Chapter 450, SB 441)ê

 

      (2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

      (3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (j) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

      (h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

      The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

      The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

 


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

ê1983 Statutes of Nevada, Page 1143 (Chapter 450, SB 441)ê

 

shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

      The advisory planning commission shall elect from it own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

      A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

      (i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

      (j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

 

ARTICLE IV.  Personnel

 

      (a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

      (b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at is discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

      (c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

 

ARTICLE V.  Planning

 

      (a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment.

 


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

ê1983 Statutes of Nevada, Page 1144 (Chapter 450, SB 441)ê

 

commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

      The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

      If a request is made for the amendment of the regional plan by:

      (1) A political subdivision a part of whose territory would be affected by such amendment; or

      (2) The owner or lessee of real property which would be affected by such amendment,

the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

      (b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

      (c) Within 1 year after the adoption of the environmental threshold carrying capacities of the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

      The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

      (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

 


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

ê1983 Statutes of Nevada, Page 1145 (Chapter 450, SB 441)ê

 

including but not limited to an indication or allocation of maximum population densities and permitted uses.

      (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

      (A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

      (B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

      The plan shall provide for an appropriate transit system for the region.

      The plan shall give consideration to:

      (A) Completion of the Loop Road in the states of Nevada and California;

      (B) Utilization of a light rail mass transit system in the South Shore area; and

      (C) Utilization of a transit terminal in the Kingsbury Grade area.

Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

      (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

      (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

      (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

      In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

 


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

ê1983 Statutes of Nevada, Page 1146 (Chapter 450, SB 441)ê

 

and organizations which affect or are concerned with planning and development within the region.

      (d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

      The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

      (e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

      (f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

      (g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

      (h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

      (i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries.

 


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

ê1983 Statutes of Nevada, Page 1147 (Chapter 450, SB 441)ê

 

jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 

ARTICLE VI.  Agency’s Powers

 

      (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

      The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

      Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination or newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

      (b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan. The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

 


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

ê1983 Statutes of Nevada, Page 1148 (Chapter 450, SB 441)ê

 

      Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

      (c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

      (1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

      (2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

      (3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or any individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

      The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)..........          252

      2.  Placer County...............................................................................................          278

      3.  Carson City...................................................................................................            -0-

      4.  Douglas County...........................................................................................          339

      5.  Washoe County...........................................................................................          739

      (4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978.

 


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

ê1983 Statutes of Nevada, Page 1149 (Chapter 450, SB 441)ê

 

county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county. The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)..........    64,324

      2.  Placer County...............................................................................................    23,000

      3.  Carson City...................................................................................................            -0-

      4.  Douglas County...........................................................................................    57,354

      5.  Washoe County...........................................................................................    50,600

      (5) No structure may be erected to house gaming under a nonrestricted license.

      (6) No facility for the treatment of sewage may be constructed or enlarged except:

      (A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. § 1251 et seq., and the applicable state law for control of water pollution;

      (B) To accommodate development which is not prohibited or limited by this subdivision; or

      (C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.

      The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

      The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed.

 


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

ê1983 Statutes of Nevada, Page 1150 (Chapter 450, SB 441)ê

 

is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

      (d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

      (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license no so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

      (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

      (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

      (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

      (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

      (1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

      (A) Enlarge the cubic volume of the structure;

 


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

ê1983 Statutes of Nevada, Page 1151 (Chapter 450, SB 441)ê

 

      (B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

      (C) Convert an area devoted to the private use of guests to an area open to public use;

      (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

      (E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraphs (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

      (2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

      (3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

      (g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f), the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

      (1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

      (A) The location of its external walls;

      (B) Its total cubic volume;

      (C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

 


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

ê1983 Statutes of Nevada, Page 1152 (Chapter 450, SB 441)ê

 

      (D) The amount of surface area of land under the structure; and

      (E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

      (2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

      The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

      (h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

      (i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

      (j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions;

      (1) This subdivision applies to:

      (A) Actions arising out of activities directly undertaken by the agency.

      (B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

      (C) Actions arising out of any other act or failure to act by any person or public agency.

Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

      (2) Venue lies:

      (A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

      (B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

      (3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, “aggrieved person” means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, “aggrieved person” means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

 


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

ê1983 Statutes of Nevada, Page 1153 (Chapter 450, SB 441)ê

 

or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

      (4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.

      (5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

      (6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.

      (7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.

      (k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.

      (l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

 


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

ê1983 Statutes of Nevada, Page 1154 (Chapter 450, SB 441)ê

 

consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

      (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.

      (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.

      (o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.

      (p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

      (q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

 

ARTICLE VII.  Environmental Impact Statements

 

      (a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:

      (1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man’s environment;

      (2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:

      (A) The significant environmental impacts of the proposed project;

      (B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;

      (C) Alternatives to the proposed project;

      (D) Mitigation measures which must be implemented to assure meeting standards of the region.

      (E) The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity;

 


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

ê1983 Statutes of Nevada, Page 1155 (Chapter 450, SB 441)ê

 

      (F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and

      (G) The growth-inducing impact of the proposed project;

      (3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;

      (4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the region’s environment; and

      (5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.

      (b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.

      (c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.

      In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.

      (d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:

      (1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmentatal effects to a less than significant level; or

      (2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.

A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.

 


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

ê1983 Statutes of Nevada, Page 1156 (Chapter 450, SB 441)ê

 

written findings must be supported by substantial evidence in the record.

      (e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.

      (f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

 

ARTICLE VIII.  Finances

 

      (a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The state of California and the State of Nevada may pay to the

agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.

      (b) The agency may fix and collect reasonable fees for any services rendered by it.

      (c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursements.

      (d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.

      (e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

 

 


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

ê1983 Statutes of Nevada, Page 1157 (Chapter 450, SB 441)ê

 

ARTICLE IX.  Transportation District

 

      (a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.

      (b) The business of the district shall be managed by a board of directors consisting of:

      (1) One member of the county board of supervisors of each of the counties of El Dorado and Placer;

      (2) One member of the city council of the City of South Lake Tahoe;

      (3) One member each of the board of county commissioners of Douglas County and of Washoe County;

      (4) One member of the board of supervisors of Carson City;

      (5) The director of the California Department of Transportation; and

      (6) The director of the department of transportation of the State of Nevada.

Any director may designate an alternate.

      (c) The vote of at least five of the directors must agree to take action. If at least five votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.

      (d) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.

      (e) The Tahoe transportation district may in accordance with the adopted transportation plan:

      (1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.

      (2) Acquire upon mutually agreeable terms any public transportation system or facility owned by a county, city or special purpose district or any privately owned transportation system or facility within the region.

      (3) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.

      (4) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.

      (5) Fix the rates and charges for transit services provided pursuant to this subdivision.

      [(5)](6) Issue revenue bonds and other evidence of indebtedness [.] and make other financial arrangements appropriate for developing and operating a public transportation system.

      [(6)](7) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way. The district is prohibited from imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices.

 


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

ê1983 Statutes of Nevada, Page 1158 (Chapter 450, SB 441)ê

 

imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of [two-thirds] a majority of the voters voting on the proposition. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.

      [(7)](8) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.

      [(e)](f) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X.  Miscellaneous

 

      (a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.

      (b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.

      (c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.

      (d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.

      Sec. 2.  The secretary of state shall transmit a certified copy of section 1 of this act to the governor of the State of California, and two certified copies of this entire act to the secretary of state of California for delivery to the respective houses of its legislature. The governor of this state, as soon as he is officially advised that the State of California has enacted the amendments to the Tahoe Regional Planning Compact set forth in section 1 of this act, shall proclaim that the compact has been so amended.

 


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

ê1983 Statutes of Nevada, Page 1159 (Chapter 450, SB 441)ê

 

      Sec. 3.  This section and section 2 of this act shall become effective upon passage and approval. Section 1 of this act shall become effective upon proclamation by the governor of this state of the enactment of the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act by the State of California.

 

________

 

 

CHAPTER 451, AB 653

Assembly Bill No. 653–Committee on Government Affairs

CHAPTER 451

AN ACT relating to revenue bonds for economic development; authorizing their issue at variable rates of interest; and providing other matters properly relating thereto.

 

[Approved May 23, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.715 is hereby amended to read as follows:

      244A.715  1.  The bonds must:

      (a) Be authorized by resolution;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;

      (e) [Bear interest at such rate or rates;

      (f)] Be in such form;

      [(g)](f) Carry such registration privileges;

      [(h)](g) Be executed in such manner, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which manual signature may be either an official of the county or an officer of the trustee authenticating the same;

      [(i)](h) Be payable at such place or places within or without the state; and

      [(j)](i) Be subject to such terms of redemption,

as the authorizing resolution may provide.

      2.  The resolution may fix a rate or rates of interest, or provide for the determination of the rate or rates from time to time by a designated agent according to a specified standard and procedure.

      3.  Except as otherwise provided in this subsection , [2,] the bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, determines. In the case of a project for the generation and transmission of electricity, the determination with respect to the manner of sale of the bonds must be made in the best interest of the participants, upon the recommendation and with the concurrence of the management committee. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.

 


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

ê1983 Statutes of Nevada, Page 1160 (Chapter 451, AB 653)ê

 

in its discretion, may employ financial and legal consultants in regard to the financing of the project.

      [3.]4.  The bonds are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      Sec. 2.  NRS 244A.729 is hereby amended to read as follows:

      244A.729  1.  Prior to the initial leasing, sale or financing of any project, the board shall by resolution determine:

      (a) The amount , or reasonably anticipated range of amounts, necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance such project and on any subsequent issues of bonds which may be permitted under the lease, sale or financing and authorizing resolutions pertinent to financings hereunder.

      (b) The amount necessary to be paid each year into any reserve funds which the board may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.

      (c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased, sold or financed provide that the lessee, purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.

      2.  The determination and findings of the board, required to be made by subsection 1, shall be set forth in the resolution under which the proposed bonds are to be issued, but the foregoing amounts need not be expressed in dollars and cents in the lease, agreement of sale or financing agreement and the resolution under which the bonds are authorized to be issued, but may be set forth in the form of a formula or formulas, or if the project is for the generation and transmission of electricity, in any form which provides a basis for determining the required amounts.

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

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1161ê

 

CHAPTER 452, AB 391

Assembly Bill No. 391–Committee on Economic Development, Tourism and Mining

CHAPTER 452

AN ACT relating to the organization of state government; replacing the department of economic development with a commission on economic development and assigning its functions; establishing a commission on tourism and assigning its functions; creating an interagency committee and assigning its duties; and providing other matters properly relating thereto.

 

[Approved May 23, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2.  1.  The interagency committee for coordinating tourism and economic development is hereby created. The committee consists of the governor, who is its chairman, the lieutenant governor, who is its vice chairman, the executive director of the commission on tourism, the executive director of the commission on economic development and such other members as the governor may from time to time appoint. The appointed members of the committee serve at the pleasure of the governor. The members of the committee are entitled to receive the per diem allowance and travel expenses provided by law.

      2.  The committee shall meet at the call of the governor.

      3.  The committee shall:

      (a) Identify the strengths and weaknesses in state and local governmental agencies which enhance or diminish the possibilities of tourism and economic development in this state.

      (b) Foster coordination and cooperation among state and local governmental agencies, and enlist the cooperation and assistance of federal agencies, in carrying out the policies and programs of the commission on tourism and the commission on economic development.

      (c) Formulate cooperative agreements between the commission on tourism or the commission on economic development, and state and other public agencies pursuant to the Interlocal Cooperation Act, so that each of those commissions may receive applications from and, as appropriate, give governmental approval for necessary permits and licenses to persons who wish to promote tourism, develop industry or produce motion pictures in this state.

      4.  The governor may from time to time establish regional or local subcommittees to work on regional or local problems of economic development or the promotion of tourism.

      Sec. 3.  There is hereby created a commission on tourism, consisting of:

      1.  A division of tourism; and

      2.  A division of publications, including Nevada Magazine.

 


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

ê1983 Statutes of Nevada, Page 1162 (Chapter 452, AB 391)ê

 

      Sec. 4.  1.  The commission on tourism is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.

      2.  The governor shall appoint as members of the commission persons who are informed on and have experience in travel and tourism, including the business of gaming.

      3.  The chief administrative officers of county fair and recreation boards of counties having a population of 100,000 or more are ex-officio but nonvoting members of the commission.

      4.  The governor shall appoint at lease one member who is a resident of:

      (a) Clark County.

      (b) Washoe County.

      (c) A county other than Clark and Washoe counties.

      Sec. 5.  1.  The commission on tourism shall meet monthly, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the chairman.

      2.  The executive director is the secretary of the commission.

      3.  The commission shall prescribe rules for its own management and government.

      4.  Four members of the commission constitute a quorum, but a majority of the members of the commission are required to exercise the power conferred on the commission.

      5.  The governor may remove a member from the commission if the member neglects his duty or commits malfeasance in office.

      Sec. 6.  The commission on tourism:

      1.  Shall establish the policies and approve the programs and budgets of the division of tourism and division of publications concerning:

      (a) The promotion of tourism and travel in this state; and

      (b) The publication of Nevada Magazine and other promotional material.

      2.  May adopt regulations to administer and carry out the policies and programs of the divisions.

      3.  May from time to time create special advisory committees to advise it on special problems of tourism. Members of special advisory committees, other than members of the commission, may be paid the per diem allowance and travel expenses provided by law, as the budget of the department permits.

      Sec. 7.  Each member of the commission on tourism is entitled to receive a salary of $80 for each day’s attendance at a meeting of the commission and the per diem allowance and travel expenses provided by law.

      Sec. 8.  The executive director of the commission on tourism:

      1.  Must be appointed by the governor from a list of three persons submitted to him by the commission.

      2.  Is responsible to the commission and serves at its pleasure.

      3.  Is entitled to receive the per diem allowance and travel expenses as provided by law.

      4.  Shall devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.

 


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

ê1983 Statutes of Nevada, Page 1163 (Chapter 452, AB 391)ê

 

      Sec. 9.  The executive director of the commission on tourism shall direct and supervise all its administrative and technical activities, including coordinating its plans for tourism and publications, scheduling its programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to travel and tourism. In addition to other powers and duties, the executive director:

      1.  Shall attend all meetings of the commission and act as its secretary, keeping minutes of its proceedings.

      2.  Shall report regularly to the commission concerning the administration of its policies and programs.

      3.  Shall serve as the director of the division of tourism.

      4.  Shall appoint the administrator of the division of publications.

      5.  May perform any other lawful acts which he considers necessary to carry out the provisions of sections 3 to 17, inclusive, of this act.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  1.  The commission on tourism through its executive director may:

      (a) Employ such professional, technical, clerical and operational employees as the operation of the commission may require;

      (b) Employ such experts, researchers and consultants and enter into such contracts with any public or private entities as may be necessary to carry out the provisions of sections 3 to 17, inclusive, of this act.

      2.  The executive director and all other nonclerical employees of the commission are in the unclassified service of the state.

      3.  The clerical employees of the commission are in the classified service of the state.

      Sec. 12.  The commission on tourism, through its division of tourism, shall:

      1.  Promote this state so as to increase the number of domestic and international tourists.

      2.  Promote special events which are designed to increase such tourism.

      3.  Develop a state plan to promote travel and tourism in Nevada.

      4.  Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this state or lengthen their stay.

      5.  Provide and administer grants of money or matching grants to political subdivisions of the state, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:

      (a) Developing local programs for marketing and advertising which are consistent with the state plan.

      (b) Promoting specific events and attractions in their communities.

      (c) Evaluating the effectiveness of the local programs and events.

Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county having a population of less than 17,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

 


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ê1983 Statutes of Nevada, Page 1164 (Chapter 452, AB 391)ê

 

of less than 17,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

      6.  Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the state. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the commission.

      7.  Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.

      8.  Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.

      9.  Prepare and publish, with the assistance of the division of publications, brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

      Sec. 13.  In addition to its other duties, the commission on tourism through its division of tourism may:

      1.  Form a statewide council or regional councils on tourism, whose members include representatives from businesses, trade associations and governmental agencies, to provide for exchange of information and coordination of programs on travel and tourism.

      2.  Produce or cooperate in the production of promotional films which are suitable for broadcasting on television and presenting to organizations involved in travel or tourism.

      3.  Establish an office or offices which, by brochure, telephone, press release, video tape and other means, disseminate information on cultural, sporting, recreational and other special events, activities and facilities in the different parts of the state which will attract tourists from outside the state.

      Sec. 14.  The commission on tourism through its division of publications:

      1.  Shall prepare and publish a magazine to be known as Nevada Magazine. The magazine must contain materials which educate the general public about this state and thereby foster awareness and appreciation of Nevada’s heritage, culture, historical monuments, natural wonders and natural resources.

      2.  Shall produce and assist in the distribution of printed promotional materials that are created to carry out the commission’s policies and programs. These services must be performed on a contractual basis.

      3.  May produce printed materials on tourism and economic development for other state and local governmental agencies on a contractual basis. The money received from producing these materials must be deposited with the state treasurer for credit to a special account in the state general fund to be used to pay the division’s expenses, including the cost of publishing Nevada Magazine.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  1.  The executive director of the commission on tourism may charge reasonable fees for materials prepared for distribution.

 


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ê1983 Statutes of Nevada, Page 1165 (Chapter 452, AB 391)ê

 

      2.  All such fees must be deposited with the state treasurer for credit to the commission. The fees must first be expended exclusively for materials and labor incident to preparing and printing those materials for distribution. Any remaining fees may be expended, in addition to any other money appropriated, for the support of the commission.

      Sec. 17.  In performing their duties, the executive director of the commission on tourism and the administrator of the division of publications shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on reasonable request, furnish the executive director and administrator with data and other information from their records bearing on the objectives of the commission and its divisions. The executive director and administrator shall avail themselves of records and assistance of such other state agencies as might make a contribution to the work of the commission.

      Sec. 18.  The commission on economic development shall:

      1.  Develop a state plan for industrial development and diversification.

      2.  Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism.

      3.  Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.

      4.  Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county having a population of less than 17,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

      5.  Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.

      6.  Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism.

      7.  Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.

      8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

      9.