[Rev. 11/21/2013 8:53:15 AM--2013]

PRELIMINARY CHAPTER - GENERAL PROVISIONS

NRS 0.010               Scope.

NRS 0.020               Severability.

NRS 0.023               Construction of reenacted, amended or revised laws as continuation of prior law; effect of reference to repealed law that is in substance reenacted.

NRS 0.024               Words and terms defined in NRS have same meaning in corresponding provisions of NAC.

NRS 0.025               Use of “may,” “must,” “shall” and “is entitled”; explanation of flush lines.

NRS 0.030               Gender, number and tense.

NRS 0.031               “Controlled substance” defined.

NRS 0.033               “County” includes Carson City.

NRS 0.035               “Board of county commissioners” and “board” defined.

NRS 0.036               “Intellectual disability” defined.

NRS 0.037               “Mortgage” defined.

NRS 0.039               “Person” defined.

NRS 0.040               “Physician” defined and limited.

NRS 0.050               “Population” defined.

NRS 0.060               “Substantial bodily harm” defined.

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      NRS 0.010  Scope.  This chapter provides definitions and declarations of legislative intent which apply to Nevada Revised Statutes as a whole.

      (Added to NRS by 1977, 181)

      NRS 0.020  Severability.

      1.  If any provision of the Nevada Revised Statutes, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of NRS which can be given effect without the invalid provision or application, and to this end the provisions of NRS are declared to be severable.

      2.  The inclusion of an express declaration of severability in the enactment of any provision of NRS or the inclusion of any such provision in NRS, does not enhance the severability of the provision so treated or detract from the severability of any other provision of NRS.

      (Added to NRS by 1977, 166)

      NRS 0.023  Construction of reenacted, amended or revised laws as continuation of prior law; effect of reference to repealed law that is in substance reenacted.  The provisions of any law or statute which is reenacted, amended or revised, so far as they are the same as those of prior laws, shall be construed as a continuation of such laws and not as new enactments. If any provision of a law is repealed and in substance reenacted, a reference in any other law to the repealed provision shall be deemed to be a reference to the reenacted provision.

      (Added to NRS by 2003, 2094)

      NRS 0.024  Words and terms defined in NRS have same meaning in corresponding provisions of NAC.  Unless otherwise specifically provided by law or unless the context otherwise requires, if a word or term is defined for use in a particular title or chapter of the Nevada Revised Statutes or in a particular subpart thereof, the word or term has the same meaning in the corresponding title or chapter of the Nevada Administrative Code or in the corresponding subpart thereof, as applicable.

      (Added to NRS by 2009, 160)

      NRS 0.025  Use of “may,” “must,” “shall” and “is entitled”; explanation of flush lines.

      1.  Except as otherwise expressly provided in a particular statute or required by the context:

      (a) “May” confers a right, privilege or power. The term “is entitled” confers a private right.

      (b) “May not” or “no * * * may” abridges or removes a right, privilege or power.

      (c) “Must” expresses a requirement when:

             (1) The subject is a thing, whether the verb is active or passive.

             (2) The subject is a natural person and:

                   (I) The verb is in the passive voice; or

                   (II) Only a condition precedent and not a duty is imposed.

      (d) “Shall” imposes a duty to act.

      (e) “Shall be deemed” or “shall be considered” creates a legal fiction.

      (f) “Shall not” imposes a prohibition against acting.

      2.  Except as otherwise required by the context, text of a statute that:

      (a) Follows subsections, paragraphs, subparagraphs or sub-subparagraphs that are introduced by a colon;

      (b) Is not designated as a separate subsection, paragraph, subparagraph or sub-subparagraph; and

      (c) Begins flush to the left margin rather than immediately following the material at the end of the final subsection, paragraph, subparagraph or sub-subparagraph,

Ê applies to the section as a whole, in the case of subsections, or to the subdivision preceding the colon as a whole rather than solely to the subdivision that the text follows. The symbol “Ê” in bills and in Nevada Revised Statutes indicates the beginning of such text.

      (Added to NRS by 1991, 809; A 2003, 2094)

      NRS 0.030  Gender, number and tense.

      1.  Except as otherwise expressly provided in a particular statute or required by the context:

      (a) The singular number includes the plural number, and the plural includes the singular.

      (b) The present tense includes the future tense.

      2.  The use of a masculine noun or pronoun in conferring a benefit or imposing a duty does not exclude a female person from that benefit or duty. The use of a feminine noun or pronoun in conferring a benefit or imposing a duty does not exclude a male person from that benefit or duty.

      (Added to NRS by 1977, 181; A 2009, 484)

      NRS 0.031  “Controlled substance” defined.  Except as otherwise expressly provided in a particular statute or required by the context, “controlled substance” means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to NRS 453.146.

      (Added to NRS by 1987, 1544)

      NRS 0.033  “County” includes Carson City.

      1.  Whenever used in the Statutes of Nevada and Nevada Revised Statutes, the term “county” includes Carson City.

      2.  Except as limited by the Charter of Carson City or by ordinances enacted by authority thereof, those provisions of the Statutes of Nevada or Nevada Revised Statutes which refer to the several counties apply equally to Carson City.

      (Added to NRS by 1969, 321)—(Substituted in revision for NRS 243.500)

      NRS 0.035  “Board of county commissioners” and “board” defined.  The term “board of county commissioners,” or “board,” when referring to the boards of county commissioners of the several counties, includes the Board of Supervisors of Carson City.

      (Added to NRS by 1969, 321; A 1985, 221)

      NRS 0.036  “Intellectual disability” defined.  Except as otherwise provided by specific statute or required by the context, “intellectual disability” and any variation of that term:

      1.  Means a condition previously referred to as “mental retardation,” “mentally retarded” and any variation of that term;

      2.  Has the same meaning as a condition previously referred to as “mental retardation,” “mentally retarded” and any variation of that term with respect to rights and responsibilities of persons with such a condition and eligibility or qualification of persons with such a condition for any program, benefit or otherwise; and

      3.  Must be interpreted to have the same meaning for any judicial interpretation of any provision which previously referred to “mental retardation,” “mentally retarded” and any variation of that term.

      (Added to NRS by 2013, 681)

      NRS 0.037  “Mortgage” defined.  Except as used in chapter 106 of NRS and unless the context otherwise requires, “mortgage” includes a deed of trust.

      (Added to NRS by 1985, 221)

      NRS 0.039  “Person” defined.  Except as otherwise expressly provided in a particular statute or required by the context, “person” means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. The term does not include a government, governmental agency or political subdivision of a government.

      (Added to NRS by 1985, 499)

      NRS 0.040  “Physician” defined and limited.

      1.  Except as otherwise provided in subsection 2, “physician” means a person who engages in the practice of medicine, including osteopathy and homeopathy.

      2.  The terms “physician,” “osteopathic physician,” “homeopathic physician,” “chiropractic physician” and “podiatric physician” are used in chapters 630, 630A, 633, 634 and 635 of NRS in the limited senses prescribed by those chapters respectively.

      (Added to NRS by 1977, 954; A 1983, 1492; 1985, 221; 1995, 1071)

      NRS 0.050  “Population” defined.

      1.  Except as otherwise expressly provided in a particular statute or required by the context, “population” means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U.S.C. § 141(c). The tabulations of population reported by the Secretary of Commerce for a particular decennial census date shall be deemed to apply for the purposes of this section from July 1 of the calendar year immediately following that decennial census date until June 30 of the calendar year immediately following the next decennial census date.

      2.  As used in this section, “decennial census date” means the first day of April of 1980 and every 10 years thereafter on which the decennial census is taken pursuant to federal law.

      (Added to NRS by 1979, 498; A 1991, 454; 1999, 1182)

      NRS 0.060  “Substantial bodily harm” defined.  Unless the context otherwise requires, “substantial bodily harm” means:

      1.  Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or

      2.  Prolonged physical pain.

      (Added to NRS by 1985, 221)