[Rev. 4/6/2015 4:46:36 PM]

LAWS OF THE STATE OF NEVADA

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ê1979 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

SIXTIETH SESSION OF THE LEGISLATURE

1979

 

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CHAPTER 1, SB 2

Senate Bill No. 2–Senator Dodge

CHAPTER 1

AN ACT relating to taxation; extending the period of time during which county boards of equalization conduct business; preserving the validity of assessment and collection of taxes under certain circumstances; and providing other matters properly relating thereto.

 

[Approved January 17, 1979]

 

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

 

      Section 1.  NRS 361.330 is hereby amended to read as follows:

      361.330  [All acts required by NRS 361.315 to 361.325, inclusive, between the assessment and the collection of the taxes or commencement of suit shall be made directory merely; and no assessment, or act relating to assessment, or collection of taxes shall be illegal on account of informality or because the same was not completed within the time required by law.] No assessment of property is invalid, and no collection of taxes may be enjoined, restrained or ordered to be refunded, on account of any failure:

      1.  To do any act required by NRS 361.315 to 361.325, inclusive; or

      2.  To do any act required by this chapter within the time so required, if notice and an opportunity to be heard were afforded generally to the class of taxpayers affected by the act required to be done.

      Sec. 2.  NRS 361.340 is hereby amended to read as follows:

      361.340  1.  Except as provided in subsection 2, the board of equalization of each county shall consist of:

      (a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and

      (b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000,

as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      2.  A district attorney, county treasurer or county assessor or any of their deputies or employees shall not be appointed to the county board of equalization.

      3.  The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers.


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ê1979 Statutes of Nevada, Page 2 (Chapter 1, SB 2)ê

 

sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. [Such] The nominees shall be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.

      4.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy [shall] must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office. [The first terms beginning July 1, 1975, shall be as follows:

      (a) For boards consisting of five members:

             (1) Two members, 4 years.

             (2) Two members, 3 years.

             (3) One member, 2 years.

      (b) For boards consisting of three members:

             (1) One member, 4 years.

             (2) One member, 3 years.

             (3) One member, 2 years.]

      5.  The county clerk shall be the clerk of the county board of equalization.

      6.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, [such] the member is guilty of malfeasance in office or neglect of duty.

      7.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided by law.

      8.  A majority of the members of the county board of equalization [is sufficient to constitute] constitutes a quorum, and a majority of the board [shall determine] determines the action of the board.

      9.  The county board of equalization of each county shall meet during January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section. The county board of equalization shall conclude the business of equalization on or before the [25th] 31st day of January of each year. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

      10.  The county assessor or his deputy shall attend all meetings of the county board of equalization.

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

 

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ê1979 Statutes of Nevada, Page 3ê

 

CHAPTER 2, SB 1

Senate Bill No. 1–Committee on Finance

CHAPTER 2

AN ACT making an appropriation from the state general fund to the legislative fund.

 

[Approved January 18, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $1,000,000.

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

 

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CHAPTER 3, SB 33

Senate Bill No. 33–Committee on Government Affairs

CHAPTER 3

AN ACT authorizing the Washoe County School District to issue general obligation bonds in an aggregate principal amount of not more than $36,000,000 to improve school facilities; validating, ratifying, approving and confirming acts and proceedings taken in connection with such issuance; and providing other matters properly relating thereto.

 

[Approved January 18, 1979]

 

      Whereas, The board of Trustees of the Washoe County School District, in Washoe County, State of Nevada (sometimes designated in this act as the “board,” the “district,” and the “county,” respectively), submitted to the qualified electors of the district at a special school district election held at the same time as and consolidated with the general election held in the county on Tuesday, the 7th day of November, 1978, a question authorizing the district to incur an indebtedness by the issuance of its negotiable, coupon, general obligation bonds, in the maximum principal amount of $36,000,000 (sometimes designated in this act as the “bonds”) for the purpose of improving the district’s school facilities by constructing and purchasing new school buildings, acquiring school building sites and additional real property for necessary school purposes, enlarging, remodeling or repairing existing school buildings, and purchasing necessary school equipment therefor, the bonds to bear interest at a rate or rates of not exceeding 8 percent per annum, to mature serially within not to exceed 25 years from the date or respective dates of their issue, and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) not exceeding 8 percent per annum to maturity, and otherwise in such manner, upon such terms and conditions, and with such other details as the board may determine, including at its option, but not necessarily limited to, provisions for the redemption of the bonds before maturity at the district’s option without or with the payment of a premium (sometimes designated in this act as the “proposal”); and


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ê1979 Statutes of Nevada, Page 4 (Chapter 3, SB 33)ê

 

      Whereas, The proposal was approved by a majority of the qualified electors of the district voting thereon; and

      Whereas, Certain legal questions may exist concerning possible irregularities in connection with the submission of the proposal and otherwise; and

      Whereas, It is declared, as a matter of legislative determination, that it is in the public interest to remove any legal impediments to the issuance of the bonds caused by such possible irregularities; now, therefore,

 

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

 

      Section 1.  The district, in addition to the powers elsewhere conferred upon it, is by this act authorized and empowered, without the necessity of another election or other or further preliminaries, to issue the bonds, in one series or more, in the aggregate principal amount of $36,000,000 and otherwise as provided in the proposal.

      Sec. 2.  All acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the district or the county under law or color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of any or all of the bonds are hereby validated, ratified, approved and confirmed. This act operates to supply such legislative authority as may be necessary to validate any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such acts or proceedings were taken.

      Sec. 3.  The powers conferred by this act are in addition and supplemental to, and the limitations imposed by this act do not affect, the powers conferred by any other law, general or special; and the bonds may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law (except to the extent of any conflict of any provision therein with this act). Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act are controlling.

      Sec. 4.  This act being necessary to secure and preserve the public health, safety, convenience and general welfare, the rule of strict construction has no application hereto, and it shall be liberally construed to effect the purposes and objects for which this act is intended.

      Sec. 5.  The exercise of any power authorized in this act has been determined and is hereby declared to effect a public purpose.

      Sec. 6.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 7.  This act shall become effective upon passage and approval.

 

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ê1979 Statutes of Nevada, Page 5ê

 

CHAPTER 4, AB 653

Assembly Bill No. 653–Assemblyman Rhoads

CHAPTER 4

AN ACT relating to the state legislature; establishing the legislative committee for the review of federal regulations; prescribing its powers and duties; and providing other matters properly relating thereto.

 

[Approved January 25, 1979]

 

[Vetoed of the 59th Session]

 

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

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  The legislature finds and declares that the State of Nevada and its citizens are subjected to federal regulations which sometimes are unreasonable, arbitrary, beyond the intent of the Congress or the scope of the authority of the agency adopting them and that as a result certain federal regulations should be subjected to legislative review and comment, and judicially tested where appropriate, to protect the rights and interests of the State of Nevada and its citizens.

      Sec. 3.  As used in sections 3 to 8, inclusive, of this act, “committee” means the legislative committee for the review of federal regulations.

      Sec. 4.  1.  There is hereby established a legislative committee for the review of federal regulations consisting of four members. The chairman of the legislative commission shall designate two senators and two assemblymen as members of the committee.

      2.  The members of the committee shall elect a chairman who shall be an assemblyman in odd-numbered years and a senator in even-numbered years. If a vacancy occurs on the committee, the chairman of the legislative commission shall appoint a new member from the same house as the committee member whose position is vacant.

      Sec. 5.  1.  The members of the committee shall meet throughout each year at such times and at such places as shall be specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Three members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.

      2.  The members of the committee are entitled to receive a salary of $40, a per diem allowance of $40 and the travel expenses provided by law for each day of attendance at a meeting of the committee and while engaged in the business of the committee.

      Sec. 6.  1.  The committee may:

      (a) Review and comment on any administrative policy, rule or regulation of the Secretary of the Interior which pertains to policy concerning or management of public lands under the control of the Federal Government;

      (b) Conduct investigations and hold hearings in connection with its review, including but not limited to investigating the effect on the state, its citizens, political subdivisions, businesses and industries of such policies, rules, regulations and related laws;

 


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ê1979 Statutes of Nevada, Page 6 (Chapter 4, AB 653)ê

 

review, including but not limited to investigating the effect on the state, its citizens, political subdivisions, businesses and industries of such policies, rules, regulations and related laws;

      (c) Consult with and advise the state land use planning agency on matters concerning federal land use, policies and activities in this state.

      (d) Direct the legislative counsel bureau to assist in its research, investigations, review and comment; and

      (e) Recommend to the legislature as a result of its review any appropriate state legislation or corrective federal legislation.

      2.  Any reference in this section to federal policies, rules, regulations and related federal laws includes those which are proposed as well as those which are enacted or adopted.

      Sec. 7.  1.  In conducting the investigations and hearings of the committee:

      (a) The secretary of the committee, or in his absence any member of the committee, may administer oaths.

      (b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or without the state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The secretary or chairman of the committee may issue subpenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the secretary or chairman of the committee may report to the district court by petition, setting forth that:

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

      (b) The witness has been subpenaed by the committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the committee which is named in the subpena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.

      3.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the committee. A certified copy of the order shall be served upon the witness.

      4.  If it appears to the court that the subpena was regularly issued by the committee, the court shall enter an order that the witness appear before the committee 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 shall be dealt with as for contempt of court.

      Sec. 8.  Each witness who appears before the committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage shall be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the secretary and chairman of the committee.


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ê1979 Statutes of Nevada, Page 7 (Chapter 4, AB 653)ê

 

the presentation of proper claims sworn to by the witness and approved by the secretary and chairman of the committee.

      Sec. 9.  This act shall become effective upon passage and approval.

 

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CHAPTER 5, AB 104

Assembly Bill No. 104–Committee on Ways and Means

CHAPTER 5

AN ACT relating to alternative methods of budgeting; requiring as an experiment that certain agencies submit to the legislative finance committees their proposed budgets for the next fiscal year containing specified, detailed justifications therefor; and providing other matters properly relating thereto.

 

[Approved February 9, 1979]

 

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

 

      Section 1.  The bureau of preventive medical and community health services of the health division of the department of human resources, the personnel division of the department of administration and the chancellor’s office of the University of Nevada shall, on or before March 15, 1979, submit to the finance committee of the senate and the ways and means committee of the assembly their respective, proposed budgets for 1979–1980 and 1980–1981, which must contain all of the following:

      1.  A statement of the objectives and programs of the department.

      2.  An evaluation of the effectiveness of these objectives and programs and whether or not the stated goals are being realized.

      3.  A ranking of the objectives and programs in order of priority.

      4.  The minimum amount of money required to accomplish the stated objectives and programs.

      5.  The minimum amount of money required for each objective and program.

      6.  The minimum level, the current level and the requested level of spending which the department has determined is necessary for each objective and program.

      7.  A statement of the methods used to determine the priority of, and the amount of money needed for, each objective and program.

      8.  A description of the resources and liabilities of the department.

      9.  A list of the sources from which the department receives its revenues, and the relative amounts from each source.

These budgets are in addition to the regular budgets which must also be prepared by the three agencies.

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

 

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ê1979 Statutes of Nevada, Page 8ê

 

CHAPTER 6, AB 73

Assembly Bill No. 73–Assemblymen Hayes, Glover, Jeffrey, Barengo and Horn

CHAPTER 6

AN ACT relating to transportation; providing that the procedures for obtaining an injunction suspending or staying an order of the public service commission of Nevada are exclusive; and providing other matters properly relating thereto.

 

[Approved February 9, 1979]

 

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

 

      Section 1.  NRS 706.711 is hereby amended to read as follows:

      706.711  1.  [No injunction shall issue suspending or staying any order of the commission relating to rates, fares, charges, schedules, tariffs, classification, joint rate or rates, or any order fixing any regulations, except upon application to the court or judge thereof, upon notice given the commission within 20 days of the rendition of the order of the commission complained of, and no such injunction shall issue except upon such notice being first given and a hearing of the petition therefor by the court or judge thereof within 20 days thereafter.] A court of competent jurisdiction may issue an injunction suspending or staying any order of the commission relating to rates, fares, tolls, charges, schedules, tariffs, classification, joint rate or rates, or any order fixing any regulations, practices or services only if:

      (a) The applicant has first given notice to the commission within 20 days after the rendition of the order of the commission complained of; and

      (b) The court has held a hearing of the petition within 20 days after the notice to the commission was given.

In any event [all rates, charges and regulations] 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 shall be 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.

      2.  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 motor carrier pursuant to NRS 706.316 to 706.346 , inclusive, or which otherwise prevents such a schedule or part thereof from taking effect, the motor carrier complaining may keep in effect or cause to be put into effect, as the case may be, the suspended schedule or part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such amount as the court may fix, conditioned upon the refund to persons entitled thereto of the amount of the excess if the rate or rates so suspended are finally determined by the court to be excessive.

      3.  Upon the final determination of the court that the rate or rates in question are excessive and the motor carrier has collected such excessive rate or rates, [such] the motor carrier shall compute and pay the excess or overpayment of the rate or rates as to each person within 120 days from and after the entry of final judgment of the court.


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ê1979 Statutes of Nevada, Page 9 (Chapter 6, AB 73)ê

 

      4.  Within 150 days after the entry of final judgment, the motor carrier shall prepare and file with the commission a statement and report in affidavit form stating that all persons entitled to refunds have been paid, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of refund shall be listed in such report, and the motor carrier shall pay the aggregate of all such unpaid refunds to the commission.

      5.  The commission shall retain such aggregate refunds subject to the claim of each person for his or its share in the refund payment and shall pay all such claims which are presented for payment within 2 years from and after the date of the entry of final judgment of the court. All such claimants shall be required to identify themselves to the satisfaction of the commission before payment shall be made.

      6.  Any person [shall have] has a right of action against the commission in the event of a refusal of the commission to pay his or its claim if the name of such person appears in the report filed by the motor carrier. Action against the commission must be brought within 6 months from and after the refusal to pay the claim.

      7.  The commission shall investigate every case in which a claim is presented to it by a person claiming a refund but whose name does not appear in the report of the motor carrier, and if [such] the investigation results in a refusal by the motor carrier to pay such claim, then the claimant [shall have] has a right of action against the motor carrier.

      8.  Any unclaimed [moneys] money remaining in the custody of the commission at the expiration of the 2-year period [shall] escheat to the state.

 

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CHAPTER 7, AB 10

Assembly Bill No. 10–Assemblyman Harmon

CHAPTER 7

AN ACT relating to county recorders; authorizing the alternative use of electronic methods of indexing; and providing other matters properly relating thereto.

 

[Approved February 14, 1979]

 

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

 

      Section 1.  NRS 247.150 is hereby amended to read as follows:

      247.150  1.  Each county recorder shall keep two separate indexes for each separate book or series of books maintained in his office for the separate alphabetical recordation of the various classes of instruments [alphabetically] specified in NRS 247.120. One of the indexes [shall] must be for the grantors, defendants, mortgagors, trustors, lessors, vendors, assignors, appointors, parties releasing, judgment debtors, testators, obligors under bonds, parties against whom liens are claimed or attachments issued, mining locators, name of mine, persons filing or parties adversely affected by the document indexed, and the other [of such indexes shall] index must be for the grantees, plaintiffs, mortgages, beneficiaries, lessees, vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens and similar encumbrances are released or the parties benefitted by the document indexed.


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ê1979 Statutes of Nevada, Page 10 (Chapter 7, AB 10)ê

 

indexes shall] index must be for the grantees, plaintiffs, mortgages, beneficiaries, lessees, vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens and similar encumbrances are released or the parties benefitted by the document indexed.

      2.  Each of the indexes [shall] must be so arranged as to show:

      (a) The names of each of the parties to every instrument, except as provided in subsection 5.

      (b) The date [when such] on which the instrument was filed in the office of the county recorder.

      (c) The book and page where [such] the instrument is recorded, or the file number and file where [such] the instrument may be filed.

      (d) Such other data as in the discretion of the county recorder may seem desirable.

[In the event] If the index [shall be of] is one general series of books for all instruments recorded, it [shall] must also show the character of the instrument indexed.

      3.  The county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the [several] indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept [therein.] in it.

      4.  The first column of the several indexes for parties adversely affected and parties benefited must be arranged in alphabetical order.

      5.  When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes. [, and when] When an instrument is recorded or filed to which an executor, administrator, guardian or trustee is a party, the name of [such] the executor, administrator, guardian or trustee, together with the name of the testator, intestate, or ward, or party for whom the trust is held, must be inserted in the index, except that the name of the trustee in a deed of trust or in a partial or full deed of reconveyance need not be indexed. A trustee’s deed given upon exercise of the power of sale under any deed of trust [shall] must be indexed under the names of the original trustor and the grantee named [therein.] in it.

      6.  In addition to the indexes [above provided for,] required by this section, the county recorder shall also keep and maintain [such] other indexes [as may from time to time be] required in the performance of his official duties.

      7.  Every instrument filed in the office of any county recorder for record or filed, but not for recordation, must be alphabetically indexed in the indexes [so] provided for each separate book or set of books or file, under the names of each party adversely affected by the document [so indexed, and also] and under the names of each party benefited by the document so indexed. [, in the index provided for that purpose.]

      8.  As an alternative to the method of indexing prescribed by this section, the county recorder may, with the permission of the board of county commissioners, use in place of the index books or volumes [card] :

      (a)Card indexes with a metal-reinforced hole punched [therein] in them for rod insertion, and [such] the card indexes [shall] must be kept in suitable metal file cabinets.


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ê1979 Statutes of Nevada, Page 11 (Chapter 7, AB 10)ê

 

them for rod insertion, and [such] the card indexes [shall] must be kept in suitable metal file cabinets.

      (b) A secure electronic method of indexing, including without limitation microfilm produced by computer or a system using computer terminals.

 

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CHAPTER 8, SB 43

Senate Bill No. 43–Committee on Government Affairs

CHAPTER 8

AN ACT relating to depositories of public money; requiring approval of the state board of finance and review by the state controller respecting certain accounts maintained by state agencies; and providing other matters properly relating thereto.

 

[Approved February 14, 1979]

 

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

 

      Section 1.  Chapter 356 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A state agency which opens an account in a bank or savings and loan association must first obtain the approval of the state board of finance, except in cases where the account is specifically authorized by statute.

      2.  The titles of the accounts must indicate that the account is in the name of the State of Nevada.

      3.  The state treasurer shall keep a list of all state accounts in banks or savings and loan associations, whether they are maintained within or outside the state. The list must contain:

      (a) The names of those financial institutions with which state agencies have accounts, and the names of those agencies.

      (b) The names of those state agencies which have accounts with banks and savings and loan associations, and the names of those financial institutions.

      4.  Each state agency shall send to the state controller at the end of each fiscal year a copy of the statement of account for each account it maintains with a bank or savings and loan association, and other related documents which reconcile the account to the agency’s books.

      Sec. 2.  NRS 356.005 is hereby amended to read as follows:

      356.005  The state, a local government or an agency of either, if specifically authorized by statute or a state agency if approved by the state board of finance, may deposit public [funds] money in any insured state or national bank, or in any insured savings and loan association which is a stock company and not a mutual association.

      Sec. 3.  NRS 356.105 is hereby amended to read as follows:

      356.105  The provisions of NRS 356.010 to 356.100, inclusive, [shall not be construed to] and section 1 of this act, do not require any depository to accept state deposits.


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ê1979 Statutes of Nevada, Page 12 (Chapter 8, SB 43)ê

 

      Sec. 4.  NRS 356.110 is hereby amended to read as follows:

      356.110  Every state officer or [official] employee who willfully [shall violate any] violates:

      1.  Section 1 of this act is guilty of a misdemeanor.

      2.  Any of the other provisions of NRS 356.010 to 356.100, inclusive, [shall be] is guilty of malfeasance in office, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 5.  Each state agency which has an account with a bank or savings and loan association which is not specifically authorized by statute shall, within 90 days after July 1, 1979, obtain the approval of the state board of finance before it may continue to use the account.

      Sec. 6.  Each state agency which has an account with a bank or savings and loan association shall within 90 days after July 1, 1979, report to the state treasurer the account number, title and location of each such account which it has.

 

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CHAPTER 9, SB 16

Senate Bill No. 16–Senator Jacobsen

CHAPTER 9

AN ACT relating to the Marlette Lake water system; transferring the responsibility for determining water rates; redesignating a fund; and providing other matters properly relating thereto.

 

[Approved February 14, 1979]

 

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

 

      Section 1.  NRS 331.160 is hereby amended to read as follows:

      331.160  1.  The Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

      2.  The purposes of the Marlette Lake water system are:

      (a) To provide adequate supplies of water to the areas served.

      (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

      (c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangements [shall] must not include the value of the land comprising the watershed as an element in determining the cost of water sold.

      3.  The department of general services is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.


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

ê1979 Statutes of Nevada, Page 13 (Chapter 9, SB 16)ê

 

      4.  The director of the department of general services may assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive.

      5.  The director of the department of [administration] general services shall:

      (a) [Develop a plan and program to improve and modernize the existing water storage and distribution system to its full utilization.

      (b)] Establish the value of water to be distributed from the system.

      [(c)](b) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the system.

      [(d)](c) Assure that the rate structure is equitable for all present and potential customers.

      6.  Subject to the limit of [funds] money provided by legislative appropriation or [expenditures] revenues whose expenditure is authorized [pursuant to the provisions of chapter 353 of NRS, or both,] by law, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive.

      Sec. 2.  NRS 331.180 is hereby amended to read as follows:

      331.180  1.  The Marlette Lake water system [working capital] fund is hereby created [in the state treasury. Such fund shall] as an enterprise fund. Money in the fund may not revert to the state general fund [nor shall it] or be transferred [.] to any other fund.

      2.  The Marlette Lake water system [working capital] fund [shall] must be used for the:

      (a) Deposit of revenue resulting from the sale of water and any other receipts.

      (b) Payment of costs of operation in accordance with the provisions of chapter 353 of NRS.

      [3.  At the end of each fiscal year, the state controller is directed to transfer the difference between revenue received and costs of operation paid out during the fiscal year to the consolidated bond interest and redemption fund to reduce the ad valorem tax necessary for amortization of and payment of interest on the general obligation bonds of the State of Nevada issued to acquire the Marlette Lake water system. When such bond principal and interest have been fully paid any excess of revenue over costs of operation shall be transferred by the state controller to the general fund in the state treasury at the close of business at the end of each fiscal year.]

 

________

 

 


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

ê1979 Statutes of Nevada, Page 14ê

 

CHAPTER 10, SB 8

Senate Bill No. 8–Committee on Judiciary

CHAPTER 10

AN ACT relating to coroners; clarifying that provisions governing certain duties of coroners apply in all counties of the state; and providing other matters properly relating thereto.

 

[Approved February 16, 1979]

 

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

 

      Section 1.  NRS 259.150 is hereby amended to read as follows:

      259.150  1.  The [justice of the peace, acting as] coroner [,] shall inventory, in the presence of at least one other person, any money or property which may have been found on or about the deceased, unless taken from his possession by legal authority, and shall deliver without delay a signed copy of the inventory and the money or property to the treasurer of the county. If the [justice of the peace, acting as] coroner [,] fails to pay or deliver such money or property to the county treasurer, the county treasurer may recover it by an action at law.

      2.  The [justice of the peace, acting as] coroner [,] shall affix appropriate seals, signs or other devices prohibiting entrance to the residence of a deceased person who had lived alone under circumstances indicating that no other person can reasonably be expected to provide immediate security for the deceased’s property. Any person, except the coroner, his deputy, a law enforcement officer or the executor or administrator of the deceased’s estate, who removes such a coroner’s seal, sign or other device or who enters upon any property bearing such a seal, sign or other device is guilty of a misdemeanor.

      Sec. 2.  NRS 259.180 is hereby amended to read as follows:

      259.180  After the inquest, if no one takes charge of the body, the [justice of the peace] coroner shall cause [the same] it to be decently buried. The expenses of the burial [shall] must be paid from the money deposited with the county treasurer or the estate of the deceased, as the case may be. If the deceased has no money or estate, or the money or estate of the deceased is insufficient to bear the entire cost of the burial, the county in which the deceased is buried shall bear the cost of the burial in excess of any money or estate available.

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 15ê

 

CHAPTER 11, SB 44

Senate Bill No. 44–Committee on Government Affairs

CHAPTER 11

AN ACT relating to state financial administration; changing the designation of certain funds; and providing other matters properly relating thereto.

 

[Approved February 16, 1979]

 

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

 

      Section 1.  NRS 353.273 is hereby amended to read as follows:

      353.273  1.  There is hereby created in the state treasury an insurance premium [revolving] trust fund to be maintained for the use of the budget division of the department of administration.

      2.  Each state agency shall deposit in the insurance premium [revolving] trust fund an amount equal to its respective insurance premium, as determined by the budget division.

      3.  Expenditures from the insurance premium [revolving fund shall] trust fund must be made by the budget division of the department of administration to the insurer for premiums of state agencies as they [fall] become due.

      Sec. 2.  NRS 353.275 is hereby amended to read as follows:

      353.275  1.  [From time to time as may be necessary, insurance recovery funds] Insurance recovery accounts in the insurance premium trust fund may be [created in the state treasury. All moneys,] established from time to time as may be necessary. All money, except as provided in subsection 4, received from insurance companies in payment of losses incurred upon buildings and other property belonging to the state [shall] must be deposited in [such funds.] the accounts.

      2.  [Moneys in] Money in the insurance recovery [funds] accounts may be expended by the board, commission or officer having control or management of the buildings or other property injured or destroyed. [Moneys in such funds] Money in the accounts may be expended only for the repair, replacement or reconstruction of buildings or other property injured or destroyed, and the [moneys shall] money must be paid out on claims as other claims against the state are paid.

      3.  Any unexpended portions remaining in [such] the insurance recovery [funds] accounts on a date 3 years after the creation of [such funds] the accounts shall revert to the state general fund.

      4.  The provisions of this section do not apply to [moneys] money received from insurance companies in payment of losses incurred upon buildings and other property controlled and administered by the department of highways of the State of Nevada. [Such moneys shall] That money must be deposited in the state highway fund.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 16ê

 

CHAPTER 12, SB 121

Senate Bill No. 121–Senator Gibson

CHAPTER 12

AN ACT to amend an act entitled “An Act incorporating the City of Henderson, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved April 13, 1971, as amended.

 

[Approved February 22, 1979]

 

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

 

      Section 1.  Section 5.010 of the above-entitled act, being chapter 266, Statutes of Nevada 1971, at page 415, is hereby amended to read as follows:

 

       Sec. 5.010  Primary election.

       1.  A primary election shall be held on the [1st Tuesday of] Tuesday after the first Monday in May of each odd-numbered year, at which time there shall be nominated candidates for offices to be voted for at the next general municipal election.

       2.  A candidate for any office to be voted for at any primary municipal election shall file a declaration or acceptance of candidacy as provided by Nevada election laws.

       3.  A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by the city council.

       4.  All candidates for elective office shall be voted upon by the registered voters of the city at large.

       5.  If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.

     

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 17ê

 

CHAPTER 13, AB 166

Assembly Bill No. 166–Assemblymen Jeffrey and Sena

CHAPTER 13

AN ACT to amend an act entitled, “An Act relating to trusts for the furtherance of public functions; repealing the provisions of chapter 242B of NRS for their creation; adding similar provisions to the charter of the City of Henderson; preserving existing and certain potential rights and liabilities; and providing other matters properly relating thereto,” approved May 26, 1975.

 

[Approved February 22, 1979]

 

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

 

      Section 1.  Section 6 of the above-entitled act, being chapter 694, Statutes of Nevada 1975, at page 1412, is hereby amended to read as follows:

 

       Sec. 6.  1.  Any application for the establishment of a project by a trust which became effective prior to April 10, 1975, to be financed by the issuance of securities pursuant to the former provisions of chapter 242B of NRS which was received by the intended beneficiary on or before April 10, 1975, may be accepted at any time, the details of the project may be modified after the acceptance of the application, and the beneficial interest may be accepted by the beneficiary as proposed or modified, to the same extent as if this act had not been passed.

       2.  Any securities necessary for the acquisition of any property appropriate for the furtherance of a public function by a trust which became effective prior to April 10, 1975, with respect to which the beneficiary has accepted the beneficial interest prior to the effective date of this act or pursuant to subsection 1 may be issued at any time thereafter and are valid and enforceable to the same extent as if this act had not been passed. Any [such] other securities which are issued on or after the effective date of this act by any trust of which the City of Henderson is a beneficiary shall be issued in compliance with the provisions of the city charter relating to such trusts.

 

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 18ê

 

CHAPTER 14, SB 61

Senate Bill No. 61–Committee on Government Affairs

CHAPTER 14

AN ACT to amend the title of and to amend “An Act relating to certain water services and facilities and electric properties complementary thereto; supplementing chapter 268, Statutes of Nevada 1967; authorizing the acquisition of certain water service facilities, properties appurtenant thereto and electric works, properties and appurtenances complementary thereto, and the issuance of bonds and other securities by the State of Nevada, acting by and through the division of Colorado River resources of the state department of conservation and natural resources; relating to the construction, other acquisition, equipment, operation, maintenance, improvement and disposal of properties appertaining to such facilities and properties; otherwise concerning such securities, facilities and properties, and revenues, taxes, pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto,” approved May 17, 1975, as amended.

 

[Approved February 22, 1979]

 

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

 

      Section 1.  Section 7 of the above-entitled act, being chapter 482, Statutes of Nevada 1975, as amended by chapter 397, Statutes of Nevada 1977, at page 764, is hereby amended to read as follows:

      Sec. 7.  1.  The division, on the behalf and in the name of the state, acting by order of the administrator of the division, may:

      (a) Acquire, hold, improve and equip the facilities;

      (b) Acquire, hold, improve, equip and dispose of properties appertaining to the facilities, including without limitation water and water rights, for the benefit and welfare of the people of the state;

      (c) Acquire, improve and equip the facilities and electric properties, wholly or in part, directly by construction contract or indirectly by contract with the Federal Government, or otherwise, or any combination thereof, as the division may from time to time determine;

      (d) Borrow money and otherwise become obligated in a total principal amount of not exceeding [$55,000,000] $63,000,000 to defray wholly or in part the cost of acquiring, improving and equipping the state facilities, and issue state securities to evidence such obligations;

      (e) Borrow money and otherwise become obligated in a total principal amount of not exceeding $192,500,000 to defray wholly or in part the cost of acquiring, improving and equipping the federal facilities, and issue state securities to evidence such obligations; and

      (f) Borrow money and otherwise become obligated in a total principal amount not exceeding $5,000,000 to provide funds to defray wholly or in part the cost of acquiring, reconductoring and otherwise improving and equipping electric properties to complement the facilities, and issue state securities to evidence such obligations.

      2.  The power to issue securities hereunder in a total principal amount of not more than $192,500,000 under paragraph (e) of subsection 1 of this section, shall decrease to the extent, for the acquisition of the federal facilities, Congress by federal act appropriates funds, the Office of Management and Budget apportions funds, the Bureau of Reclamations allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to such earnings and any incidental expenses due under such contract; but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state.


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

ê1979 Statutes of Nevada, Page 19 (Chapter 14, SB 61)ê

 

funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to such earnings and any incidental expenses due under such contract; but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state.

      Sec. 2.  The title of the above-entitled act, being chapter 482, Statutes of Nevada 1975, as amended by chapter 397, Statutes of Nevada 1977, at page 765, is hereby amended to read as follows:

      An Act relating to certain water services and facilities and electric properties complementary thereto; supplementing chapter 268, Statutes of Nevada 1967; authorizing the acquisition of certain water service facilities, properties appurtenant thereto and electric works, properties and appurtenances complementary thereto, and the issuance of bonds and other securities by the State of Nevada, acting by and through the division of Colorado River resources of the [state] department of [conservation and natural resources;] energy; relating to the construction, other acquisition, equipment, operation, maintenance, improvement and disposal of properties appertaining to such facilities and properties; otherwise concerning such securities, facilities and properties, and revenues, taxes, pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.

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

 

________

 

 

CHAPTER 15, AB 9

Assembly Bill No. 9–Assemblyman Harmon

CHAPTER 15

AN ACT relating to county engineers; changing their qualifications by removing residence requirements; and providing other matters properly relating thereto.

 

[Approved February 23, 1979]

 

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

 

      Section 1.  NRS 254.020 is hereby amended to read as follows:

      254.020  The county engineer [shall:] must be:

      1.  [Be a] A qualified and competent civil engineer.

      2.  [Be registered] Registered as a professional engineer by the state board of registered professional engineers.

      [3.  Have been a resident of the county in which he is appointed for at least 6 months prior to the appointment.]

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 20ê

 

CHAPTER 16, AB 176

Assembly Bill No. 176–Assemblyman Harmon

CHAPTER 16

AN ACT relating to county government; removing requirement to mail certain county license regulations to licensees and attorneys in the county; providing for public inspection of those regulations; and providing other matters properly relating thereto.

 

[Approved February 23, 1979]

 

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

 

      Section 1.  NRS 244.345 is hereby amended to read as follows:

      244.345  1.  Every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, softdrink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town, [shall:] must:

      (a) Make application by petition to the license board [, as provided in subsection 2,] of the county in which [any such] the business is to be engaged in, for a county license of the kind desired. [Such application shall] The application must be in a form prescribed by the regulations of the license board.

      (b) File the application with the required license fee with the county license collector, who shall present the [same] application to the license board at its next regular meeting.

The board may refer the petition to the sheriff, who shall report upon [the same] it at the following regular meeting of the board. The board shall [then and there] at that meeting grant or refuse the license prayed for or enter [such] any other order [as is] consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the sheriff may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board [shall have] has the exclusive power to license and regulate the businesses [herein set forth.] mentioned in this subsection.

      2.  The board of county commissioners and the sheriff of each county [shall] constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.

      3.  The license board [is empowered and commissioned to act for the purposes of this section (without] may, without further compensation to the board or [the clerk thereof) as a license board to:] its clerk:

      (a) Fix, impose and collect license fees upon the businesses [herein mentioned.] mentioned in this section.

      (b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.

      (c) Adopt, amend and repeal regulations relating to licenses and licensees.

      (d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order [shall] must state the reason for suspension or limitation and [shall] afford the licensee a hearing.


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

ê1979 Statutes of Nevada, Page 21 (Chapter 16, AB 176)ê

 

emergency the board may issue an order for immediate suspension or limitation of a license, but the order [shall] must state the reason for suspension or limitation and [shall] afford the licensee a hearing.

      4.  The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of [such hearing shall] the hearing must be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.

      5.  New regulations [shall] must be adopted after public hearing by a vote of at least two-thirds of the members present. Upon adoption of new regulations the board shall designate their effective date, which [shall] may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations [shall be mailed to the address of each licensee and each practicing attorney in the county.] must be available for public inspection during regular business hours at the office of the county clerk.

      6.  Except for the adoption of new regulations, a majority vote of the members of the license board present [shall govern] governs in the transaction of all business. A majority of the members [thereof shall constitute] constitutes a quorum for the transaction of business.

      7.  Any natural person, firm, association of persons or corporation who [shall engage] engages in any of the businesses [herein] mentioned in this section without first having obtained the license and paid the license fee [therefor as herein provided shall be] as provided in this section is guilty of a misdemeanor.

      8.  In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.

 

________

 

 

CHAPTER 17, SB 15

Senate Bill No. 15–Committee on Government Affairs

CHAPTER 17

AN ACT relating to the state public works board; transferring to the department of energy certain duties relating to standards for the conservation of energy in buildings; repealing statutory provision relating to the power of eminent domain; and providing other matters properly relating thereto.

 

[Approved February 23, 1979]

 

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

 

      Section 1.  Chapter 523 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1979 Statutes of Nevada, Page 22 (Chapter 17, SB 15)ê

 

      1.  The department shall establish standards for the conservation of energy by regulation for all buildings, public and private, the construction of which is commenced on or after July 1, 1978. The standards shall apply to:

      (a) Construction of floors, walls, ceilings and roofs;

      (b) Heating, ventilating and air-conditioning equipment and systems;

      (c) Electric systems;

      (d) Water heating equipment and systems; and

      (e) Insulation.

Modifications may be made to coincide with the applicable federal requirements or for any other purpose in the public interest. The regulations of the state public works board on the same subject remain in effect until revised by the department.

      2.  The department shall establish exemptions for buildings to which the standards, if applied, would not promote conservation of energy.

      3.  The standards must include provisions authorizing allowances in design and construction to the extent solar, geothermal, wind or other renewable sources of energy are used to supply all or a part of the requirements of a public or private building for energy.

      4.  The standards must include provisions authorizing deviations from specific criteria relating to the design of structures where it can be demonstrated that the deviation will not result in an increase in the annual consumption of energy of the building to which the standards apply.

      5.  The standards established pursuant to subsection 1 establish minimum requirements which must be included in the building codes of every city and county, except that the requirements may be superseded by more stringent requirements imposed by the building codes of any city or county. The sufficiency of city and county standards must be determined by the department.

      6.  The standards must be enforced by the governing body of each county, city or town of this state. The department shall provide assistance in enforcing the standards upon the request of a county, city or town which does not issue building permits.

      Sec. 2.  NRS 341.115 and 341.260 are hereby repealed.

 

________

 

 

CHAPTER 18, SB 56

Senate Bill No. 56–Senator Ford

CHAPTER 18

AN ACT relating to state publications; extending free distribution of certain publications to libraries in the University of Nevada System; and providing other matters properly relating thereto.

 

[Approved February 23, 1979]

 

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

 

      Section 1.  NRS 2.345 is hereby amended to read as follows:

      2.345  The following persons and agencies are entitled to the supreme court decisions in pamphlet form without charge:


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

ê1979 Statutes of Nevada, Page 23 (Chapter 18, SB 56)ê

 

      1.  Each of the judges of the District Court of the United States, one copy.

      2.  The supreme court law library, two copies.

      3.  Each state officer, district judge, district attorney, county clerk, justice of the peace and police judge in this state, one copy.

      4.  Each public library in this state, one copy.

      5.  Each library in the University of Nevada System, one copy.

      6.  Each newspaper published in this state, and each commercial television and radio station transmitting in this state, one copy upon its annual request therefor.

      Sec. 2.  NRS 345.010 is hereby amended to read as follows:

      345.010  Upon publication of the Statutes of Nevada, the director of the legislative counsel bureau shall distribute them as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  To the supreme court law library, two copies.

      3.  To each justice of the supreme court, clerk of the supreme court, district judge, county clerk, district attorney, justice of the peace and police judge in this state, one copy.

      4.  To each public library in this state, one copy.

      5.  To each library in the University of Nevada System, one copy.

      6.  To the Nevada historical society, one copy.

      [6.]7.  Upon request, to any state, county or municipal officer.

      Sec. 3.  NRS 345.020 is hereby amended to read as follows:

      345.020  Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and records division of the department of general services, the director of the legislative counsel bureau shall distribute them as follows:

      1.  To each of the judges of the District Court of the United States for the District of Nevada, one copy.

      2.  The supreme court law library, two copies.

      3.  To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and police judge in this state, one copy.

      4.  To each public library in this state, one copy.

      5.  To each library in the University of Nevada System, one copy.

      6.  To the Nevada historical society, one copy.

      [6.]7.  Upon request, to any state, county or municipal officer.

 

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

ê1979 Statutes of Nevada, Page 24ê

 

CHAPTER 19, SB 96

Senate Bill No. 96–Committee on Judiciary

CHAPTER 19

AN ACT relating to the secretary of state; removing his power to commission notaries public; and providing other matters properly relating thereto.

 

[Approved February 23, 1979]

 

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

 

      Section 1.  NRS 240.010 is hereby amended to read as follows:

      240.010  1.  The secretary of state may appoint [and commission] notaries public in this state.

      2.  The secretary of state may not appoint [and commission] as a notary public any person who submits an application containing any substantial and material misstatement or omission of fact.

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

 

________

 

 

CHAPTER 20, AB 155

Assembly Bill No. 155–Committee on Judiciary

CHAPTER 20

AN ACT relating to evidence; broadening the scope of examination of adverse witnesses; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  NRS 50.115 is hereby amended to read as follows:

      50.115  1.  The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence:

      (a) To make the interrogation and presentation effective for the ascertainment of the truth;

      (b) To avoid needless consumption of time; and

      (c) To protect witnesses from undue harassment or embarrassment.

      2.  Cross-examination is limited to the subject matter of the direct examination and matters affecting the credibility of the witness, unless the judge in the exercise of discretion permits inquiry into additional matters as if on direct examination.

      3.  Except as provided in subsection 4:

      (a) Leading questions [shall] may not be used on the direct examination of a witness without the permission of the court.

      (b) Leading questions are permitted on cross-examination.

      4.  [In civil cases,] Except that the prosecution may not call the accused in a criminal case, a party is entitled to call:

      (a) An adverse party; or

      (b) A witness identified with an adverse party,

and interrogate by leading questions. The attorney for [such] the adverse party may employ leading questions in cross-examining the party or witness so called only to the extent permissible if he had called [such] that person on direct examination.


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

ê1979 Statutes of Nevada, Page 25 (Chapter 20, AB 155)ê

 

party may employ leading questions in cross-examining the party or witness so called only to the extent permissible if he had called [such] that person on direct examination.

      Sec. 2.  NRS 51.375 is hereby amended to read as follows:

      51.375  1.  When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for the purposes if the declarant had testified as a witness.

      2.  Evidence of a statement or conduct by the declarant at any time, which is inconsistent with his hearsay statement, is not subject to any requirement that he must have been afforded an opportunity to deny or explain.

      3.  If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party may examine the witness on that statement as if the witness were under cross-examination.

 

________

 

 

CHAPTER 21, AB 156

Assembly Bill No. 156–Committee on Judiciary

CHAPTER 21

AN ACT relating to the admissibility of evidence; broadening cases in which inquiry may be made into specific instances of conduct; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  NRS 48.055 is hereby amended to read as follows:

      48.055  1.  In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or in the form of an opinion. On cross-examination, inquiry may be made into specific instances of conduct.

      2.  In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof [may also be made] of specific instances of his conduct [.] may be made on direct or cross-examination.

 

________

 

 


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ê1979 Statutes of Nevada, Page 26ê

 

CHAPTER 22, SB 110

Senate Bill No. 110–Committee on Judiciary

CHAPTER 22

AN ACT relating to foreign corporations; resolving a conflict in the description of the document to be filed by such a corporation with the secretary of state; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  NRS 80.130 is hereby amended to read as follows:

      80.130  1.  Each foreign corporation coming into this state shall, within 60 days after the filing of its [articles of incorporation] certificate of corporate existence with the secretary of state:

      (a) File a list of its officers and directors and a designation of its resident agent, and a certificate of acceptance signed by the resident agent designated. The address of the resident agent shall be the same as that of the principal office.

      (b) Pay to the secretary of state a fee therefor of $20.

      2.  The corporation shall annually file a list of its officers and directors and designation of resident agent and pay the fee prescribed by law.

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

 

________

 

 

CHAPTER 23, SB 112

Senate Bill No. 112–Committee on Judiciary

CHAPTER 23

AN ACT to amend the title of an act entitled, “An Act relating to controlled substances; revising penalties for various unlawful activities; adding certain crimes; removing age distinctions in certain crimes; prohibiting probation and restricting parole eligibility for certain offenders; and providing other matters properly relating thereto,” approved May 16, 1977.

 

[Approved March 1, 1979]

 

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

 

      Section1.  The title of the above-entitled act, being chapter 567, Statutes of Nevada 1977, at page 1407, is hereby amended to read as follows:

 

An Act relating to [controlled substances;] crimes and punishments; revising penalties [for various unlawful activities;] and other provisions in the laws regulating controlled substances; adding certain crimes; removing age distinctions in certain crimes; prohibiting probation and restricting parole eligibility for certain offenders; allowing different punishments to be specifically provided by law as exceptions to the punishments provided by the general laws on conspiracy and obtaining property by false pretenses; and providing other matters properly relating thereto.

 

________

 

 


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ê1979 Statutes of Nevada, Page 27ê

 

CHAPTER 24, SB 113

Senate Bill No. 113–Committee on Judiciary

CHAPTER 24

AN ACT to amend chapter 561, Statutes of Nevada 1977; making a technical correction; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section1.  Section 9 of chapter 561, Statutes of Nevada 1977, at page 1395, is hereby amended to read as follows:

 

       Sec.9.  Section 3.060 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter [666, Statutes of Nevada 1975, at page 1318,] 98, Statutes of Nevada 1977, at page 210, is hereby amended to read as follows:

      Sec. 3.060  City attorney: Qualifications; duties; salary.

      1.  The city attorney shall be a duly licensed member of the State Bar of Nevada and a resident of the city [at the time of] for at least 6 months before his election. He shall hold office for the term of 4 years and until his successor shall be duly elected and qualified.

      2.  The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance. He shall be present at all meetings of the city council and shall be counsel for the civil service commission. He shall devote his full time to the duties of the office and shall not engage in the private practice of law.

      3.  The city attorney shall receive a salary as fixed by resolution of the city council.

      4.  The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. Such assistants shall not be civil service employees. The council may appropriate such funds as it may deem proper to compensate any such assistants. Such assistants shall not engage in the private practice of law after July 1, 1977.

 

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 28ê

 

CHAPTER 25, SB 115

Senate Bill No. 115–Committee on Judiciary

CHAPTER 25

AN ACT relating to statutes; ratifying technical corrections made to multiple amendments of sections of NRS; correcting the effective date of and repealing certain provisions in Statutes of Nevada 1977; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  Sections 15, 16 and 17 of chapter 148, Statutes of Nevada 1977, at pages 291 and 292, respectively, are hereby amended to read respectively as follows:

 

       Sec. 15.  Sections 53 of chapter 430, Statutes of Nevada 1977, being Senate Bill 116 of the 59th session of the legislature, is hereby amended to read as follows:

 

      Sec. 53.  1.  The state board of parole commissioners, through the chief parole and probation officer, shall establish and administer a work release program under which a person sentenced to a term of imprisonment in a penal or correctional institution may be granted the privilege of leaving secure custody during necessary and reasonable hours to:

      (a) Work in this state at gainful private employment that has been approved by the state board of parole commissioners for such purpose.

      (b) Obtain in this state additional education, including but not limited to vocational, technical and general education.

      2.  The work release program may also include, under rules developed by the chief parole and probation officer and approved by the state board of parole commissioners, temporary leave for the purpose of seeking employment in this state.

      3.  The [state board of parole commissioners] chief parole and probation officer is responsible for the quartering and supervision of prisoners enrolled in the work release program.

 

       Sec. 16.  Section 55 of chapter 430, Statutes of Nevada 1977, being Senate Bill 116 of the 59th session of the legislature, is hereby amended to read as follows:

 

      Sec. 55.  1.  The chief parole and probation officer shall administer the work release program. [In addition to the other duties assigned by the state board of parole commissioners, the] The chief parole and probation officer shall:

      (a) Locate employment for qualified applicants;

      (b) Effect placement of offenders under the work release program; and

      (c) Generally promote public understanding and acceptance of the work release program.

      2.  All state agencies shall cooperate with the [state board of parole commissioners] chief parole and probation officer in carrying out this section to such extent as is consistent with their other lawful duties.


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

ê1979 Statutes of Nevada, Page 29 (Chapter 25, SB 115)ê

 

in carrying out this section to such extent as is consistent with their other lawful duties.

      3.  [Subject to the approval of the state board of parole commissioners, the] The chief parole and probation officer shall adopt rules for administering the work release program.

 

       Sec. 17.  Section 57 of chapter 430, Statutes of Nevada 1977, being Senate Bill 116 of the 59th session of the legislature, is hereby amended to read as follows:

 

      Sec. 57.  1.  The [state board of parole commissioners through the] chief parole and probation officer may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities of offenders enrolled in work release programs. Each such facility must satisfy standards established by the state board of parole commissioners to assure secure custody of offenders quartered therein.

      2.  The [state board of parole commissioners] chief parole and probation officer may not enroll any offender in the work release program unless it has been determined that suitable facilities for quartering the offender are available in the locality where the offender has employment or the offer of employment.

 

      Sec. 2.  Section 3 of chapter 489, Statutes of Nevada 1977, at page 1011, is hereby amended to read as follows:

 

       Sec. 3.  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 reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in the fund shall be expended only for:

       (a) The payment of claims which are obligations of the state under NRS 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 353.120, 353.262 and 412.154; and

       (b) The payment of claims which are obligations of the state under NRS 7.125, 177.345, 179.225, 213.153, subsection 4 of NRS 361.055 and section 8 of Senate Bill No. 68 of the 59th session of the Nevada legislature, but such claims shall be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for such purposes has been exhausted.

 

      Sec. 3.  Section 13 of chapter 529, Statutes of Nevada 1977, at page 1120, is hereby amended to read as follows:

 

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

       169.125  “Peace officer” includes:

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

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

       3.  Constables;


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

ê1979 Statutes of Nevada, Page 30 (Chapter 25, SB 115)ê

 

       4.  Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 581.180;

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

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

       7.  Marshals and policemen of cities and towns;

       8.  Parole and probation officers;

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

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

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

       12.  The state fire marshal and his deputies;

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

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

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

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

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

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

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

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

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

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

 


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ê1979 Statutes of Nevada, Page 31 (Chapter 25, SB 115)ê

 

when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS; and

       23.  Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.

 

      Sec. 4.  Section 79 of chapter 530, Statutes of Nevada 1977, at page 1199, is hereby amended to read as follows:

 

       Sec. 79.  NRS 324.230 is hereby amended to read as follows:

       324.230  1.  Within 1 year after a water right is available for the irrigation of the land described in a certificate of location, the settler shall cultivate and reclaim not less than one-sixteenth part of the land filed on, and within 2 years thereafter, shall have actually irrigated and cultivated not less than one-eighth. [thereof.] Within 3 years thereafter, the settler shall appear before the state registrar of lands under the Carey Act, or the judge or clerk of any court of record within the state [, or any agent designated by the commission,] and make final proof of reclamation, settlement and occupation, in such form and according to such requirements as may be prescribed by the [commission] division or the Department of the Interior. The officer taking this proof is entitled to receive a minimum fee of $10, which shall be paid by the settler and shall be in addition to the price paid to the state for the land. When the state registrar of lands under the Carey Act takes final proof, all fees received by him shall be deposited [in] with the state treasurer for credit to the Carey Act trust fund.

       2.  The state registrar of lands under the Carey Act [and the agents appointed by the commission] may administer oaths required under this chapter.

       3.  All proofs so received shall be accompanied with the final payment for the land, and upon approval by the [commission] division the settler is entitled to a patent.

       4.  If the land is not embraced in any patent [theretofore] issued to the state by the United States, the proofs shall be forwarded to the Secretary of the Interior with the request that a patent to the lands be issued to the state. When the works designed for the irrigation of lands under the provisions of this chapter are so far completed as actually to furnish in a substantial ditch or canal, or by artesian wells or reservoirs, water to reclaim any particular tract or tracts of such land, the State of Nevada may, by and in the discretion of the [commission,] division, make proof of such fact, and apply for a patent to such lands in the manner provided by 43 U.S.C. § 642.

 

      Sec. 5.  Section 2 of chapter 562, Statutes of Nevada 1977, at page 1400, is hereby amended to read as follows:

 

       Sec. 2.  This act shall become effective at 12:01 a.m. on January 1, 1978, for the purpose of nominating and electing district judges, and at 12:01 a.m. on the 1st Monday in January 1979, for all other purposes.


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ê1979 Statutes of Nevada, Page 32 (Chapter 25, SB 115)ê

 

      Sec. 6.  Sections 1, 8 and 10 of chapter 576, Statutes of Nevada 1977, at pages 1483 and 1487, respectively, are hereby amended to read respectively as follows:

 

       Section 1.  Section 14 of Assembly Bill No. 278 of the 59th session of the Nevada legislature, as amended by section 1 of Senate Bill No. 523, is hereby repealed.

       Sec. 8.  Section 378 of Assembly Bill No. 278 of the 59th session of the Nevada legislature, as amended by section 7 of Senate Bill No. 523, is hereby amended to read as follows:

      Sec. 378.  1 Sections 57, 59, 60, 65, 66, 67, 69, 72, 78, 79, 87, 96, 106, 107, 110, 143, 143.5, 163, 171, 184, 192, 361, 367, 368, 370 and subsection 2 of section 371 of this act shall become effective at 12:01 a.m. on July 1, 1977.

      2.  Sections 12 and 360 of this act shall become effective at 12:02 a.m. on July 1, 1977.

       Sec. 10.  Section 2 of Senate Bill No. 266 of the 59th session of the Nevada legislature is hereby amended to read as follows:

      Sec. 2.  1.  NRS 277.230 and 278.780 to 278.828, inclusive, are hereby repealed.

      2.  Section 19 of Senate Bill No. 153 of the 59th session of the Nevada legislature is hereby repealed.

 

      Sec. 7.  Section 7 of chapter 584, Statutes of Nevada 1977, at page 1540, is hereby amended to read as follows:

 

       Sec. 7.  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 reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in the fund shall be expended only for:

       (a) The payment of claims which are obligations of the state under NRS 41.0337, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293,253, 293.405, 353.120, 353.262 and 415.154; and

       (b) The payment of claims which are obligations of the state under NRS 7.125, 177.345, 179.225, 213.153, subsection 4 of NRS 361.055 and section 8 of Senate Bill No. 68 of the 59th session of the Nevada legislature, but such claims shall be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for such purposes has been exhausted.

 

      Sec. 8.  Section 1 of chapter 595, Statutes of Nevada 1977, at page 1604, is hereby amended to read as follows:

 

       Section 1.  NRS 233.060 is hereby amended to read as follows:

       233.060  The commission shall:

       1.  Foster mutual understanding and respect among all racial, religious, handicapped and ethnic groups and between the sexes in the [state of Nevada.] state.

       2.  Aid in securing equal health and welfare services and facilities for all the residents of the [state of Nevada] state without regard to race, religion, sex, age, physical or visual handicap or nationality.


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ê1979 Statutes of Nevada, Page 33 (Chapter 25, SB 115)ê

 

regard to race, religion, sex, age, physical or visual handicap or nationality.

       3.  Study [and investigate] problems arising between groups [in the State of Nevada] within the state which may result in tensions, discrimination or prejudice because of race, color, creed, sex, age, physical or visual handicap, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination.

       4.  [Investigate any complaints of discrimination, tensions or prejudice filed with or referred to the commission.

       5.]  Secure the cooperation of various racial, religious, handicapped, nationality and ethnic groups, veterans’ organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.

       [6.]5.  Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.

       [7.  Have the power to accept gifts or bequests of personal property and may use the same to carry out the objects and purposes of this chapter. All money so received shall be deposited with the state treasurer for credit to the Nevada equal rights commission gift fund which is hereby created.

       8.  Have the power to make findings of fact and proceed thereon as provided in NRS 613.410 and 651.110.

       9.  Have the power to make such rules and regulations, not inconsistent with law, as it finds expedient to carry into execution the powers and duties conferred upon it by this chapter.]

 

      Sec. 9.  Sections 5 and 30 of chapter 598, Statutes of Nevada 1977, at pages 1627 and 1635, respectively, are hereby amended to read respectively as follows:

 

       Sec. 5.  NRS 200.030 is hereby amended to read as follows:

       200.030  1.  Murder of the first degree is murder which is:

       (a) Perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing;

       (b) Committed in the perpetration or attempted perpetration of [rape,] sexual assault, kidnaping, arson, robbery, burglary or sexual molestation of a child under the age of 14 years; or

       (c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody.

As used in this subsection, sexual molestation is any willful and lewd or lascivious act, other than acts constituting the crime of [rape,] sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.


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ê1979 Statutes of Nevada, Page 34 (Chapter 25, SB 115)ê

 

intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.

       2.  Murder of the second degree is all other kinds of murder.

       3.  The jury before whom any person indicted for murder is tried shall, if they find [such person] him guilty thereof, designate by their verdict whether [such person] he is guilty of murder of the first or second degree.

       4.  Every person convicted of murder of the first degree shall be punished:

       (a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweight the aggravating circumstance or circumstances.

       (b) Otherwise, by imprisonment in the state prison for life with or without possibility of parole. If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.

       5.  Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.

       Sec. 30.  1.  Sections 7, 10, 16, 17 and 18 of this act shall become effective at 12:01 a.m. on July 1, 1977.

       2.  Sections 5 and 15 of this act shall become effective at 12:02 a.m. on July 1, 1977.

 

      Sec. 10.  1.  Chapter 290, Statutes of Nevada 1977, and page 516, is hereby repealed.

      2.  Section 1 of chapter 546, Statutes of Nevada 1977, at page 1353, is hereby repealed.

      3.  Section 2 of chapter 578, Statutes of Nevada 1977, at page 1492, is hereby repealed.

      4.  Sections 3 and 4 of chapter 599, Statutes of Nevada 1977, at pages 1636 and 1637, respectively, are hereby repealed.

 

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

 

________

 

 

CHAPTER 26, SB 140

Senate Bill No. 140–Committee on Human Resources and Facilities

CHAPTER 26

AN ACT relating to licenses to hunt or fish; removing certain restrictions from fishing licenses issued to blind persons; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  NRS 502.075 is hereby amended to read as follows:

      502.075  The department shall issue to a blind person, as defined in subsection 2 of NRS 361.085: [, any license authorized to be issued by the department under the provisions of this chapter.


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ê1979 Statutes of Nevada, Page 35 (Chapter 26, SB 140)ê

 

subsection 2 of NRS 361.085: [, any license authorized to be issued by the department under the provisions of this chapter. Such license shall:]

      1.  [Authorize] A hunting license which:

      (a)Authorizes a person selected by the blind person to hunt [or fish] on his behalf if:

      [(a)](1) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting [or fishing] license; and

      [(b)](2) The blind person is in the company of or in the immediate area of the person selected.

      [2.  Be](b)Is issued pursuant and subject to regulations prescribed by the commission.

      [3.  Contain](c)Contains the word “Blind” printed on the face of the license.

      2.  A fishing license which authorizes the blind person to fish whether or not accompanied by or in the immediate area of any other person.

 

________

 

 

CHAPTER 27, AB 19

Assembly Bill No. 19–Assemblymen Mann, Horn and Sena

CHAPTER 27

AN ACT relating to traffic laws; prohibiting parking within 20 feet of a fire hydrant in places where angle parking of vehicles is permitted; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  NRS 484.399 is hereby amended to read as follows:

      484.399  1.  A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, in any of the following places:

      (a) On a sidewalk;

      (b) In front of a public or private driveway;

      (c) Within an intersection;

      (d) Within 15 feet of a fire hydrant [;] in a place where parallel parking is permitted, or within 20 feet of a fire hydrant if angle parking is permitted and a local ordinance requires the greater distance;

      (e) On a crosswalk;

      (f) Within 20 feet of a crosswalk at an intersection;

      (g) Within 30 feet upon the approach to any official traffic-control signal located at the side of a highway;

      (h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone;

      (i) Within 50 feet of the nearest rail of a railroad;

      (j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of [such] that entrance;


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ê1979 Statutes of Nevada, Page 36 (Chapter 27, AB 19)ê

 

      (k) Alongside or opposite any highway excavation or obstruction when [such] stopping, standing or parking would obstruct traffic;

      (l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;

      (m) Upon any bridge or other elevated structure or within a highway tunnel;

      (n) Within 5 feet of a public or private driveway; and

      (o) At any place where the official traffic-control devices prohibit stopping, standing or parking.

      2.  A person shall not move a vehicle not owned by [such person] him into any [such] prohibited area or away from a curb [such distance as] to a distance which is unlawful.

      3.  A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion [such] stopping, standing or parking is dangerous to those using the highway or where the vehicles which are stopping, standing or parking [vehicles] would unduly interfere with the free movement of traffic. [thereon.] It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on [such] those devices.

 

________

 

 

CHAPTER 28, AB 185

Assembly Bill No. 185–Committee on Judiciary

CHAPTER 28

AN ACT relating to procedure in criminal cases in justices’ courts; clarifying the grounds for dismissal of a complaint in justice’s court and on appeal; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  Chapter 185 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any complaint, upon motion of the defendant, may be dismissed by the justice of the peace upon any of the following grounds:

      1.  That the justice of the peace does not have jurisdiction of the offense.

      2.  That more than one offense is charged in any one count of the complaint.

      3.  That the facts stated do not constitute a public offense.

      Sec. 2.  NRS 189.070 is hereby amended to read as follows:

      189.070  [The complaint, on] Any complaint, upon motion of the defendant, may be dismissed upon any of the following grounds:

      1.  That the justice of the peace did not have jurisdiction of the offense.

      2.  That more than one offense is charged [therein.] in any one count of the complaint.

      3.  That the facts stated do not constitute a public offense.

 

________

 

 


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ê1979 Statutes of Nevada, Page 37ê

 

CHAPTER 29, AB 153

Assembly Bill No. 153–Committee on Judiciary

CHAPTER 29

AN ACT relating to evidence; modifying the requirement for a cautionary instruction on evidence of a related crime; clarifying the authority for proving the contents of a missing original document; and providing other matters properly relating thereto.

 

[Approved March 1, 1979]

 

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

 

      Section 1.  NRS 48.035 is hereby amended to read as follows:

      48.035  1.  Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues or of misleading the jury.

      2.  Although relevant, evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay, waste of time or needless presentation of cumulative evidence.

      3.  Evidence of another act or crime which is so closely related to an act in controversy or a crime charged that an ordinary witness cannot describe the act in controversy or the crime charged without referring to the other act or crime shall not be excluded, but at the request of an interested party, a cautionary instruction shall be given explaining the reason for its admission.

      Sec. 2.  NRS 52.285 is hereby amended to read as follows:

      52.285  Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.

 

________

 

 

CHAPTER 30, AB 4

Assembly Bill No. 4–Assemblyman Harmon

CHAPTER 30

AN ACT relating to traffic laws; limiting the time that law enforcement agencies must maintain records of the disposition of each traffic citation by the court or its traffic violations bureau; and providing other matters properly relating thereto.

 

[Approved March 2, 1979]

 

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

 

      Section 1.  NRS 484.813 is hereby amended to read as follows:

      484.813  1.  Every peace officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a copy of [such] the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

      2.  Upon the deposit of the original or a copy of [such] the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau, [such original or copy of such] the traffic citation may be disposed of only by trial in [such] that court or other official action by a judge of [such] that court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to [such] , the traffic violations bureau by the person to whom [such] the traffic citation has been issued by the peace officer.


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

ê1979 Statutes of Nevada, Page 38 (Chapter 30, AB 4)ê

 

its traffic violations bureau, [such original or copy of such] the traffic citation may be disposed of only by trial in [such] that court or other official action by a judge of [such] that court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to [such] , the traffic violations bureau by the person to whom [such] the traffic citation has been issued by the peace officer.

      3.  It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a traffic citation or copies [thereof] of it or of the record of the issuance of a traffic citation in a manner other than as required in this section.

      4.  The chief administrative officer of every traffic enforcement agency shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

      5.  [Such] The chief administrative officer shall also maintain or cause to be maintained [in connection with] a record of every traffic citation issued by [an officer] officers under his supervision. [a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.] The record must be retained for at least 2 years after the issuance of the citation.

 

________

 

 

CHAPTER 31, AB 92

Assembly Bill No. 92–Assemblymen Getto and Dini

CHAPTER 31

AN ACT relating to state employees; entitling employees of the supreme court or legislative branch of the government of the state to transfer, under certain circumstances, to the classified service on the same basis as employees may transfer within that service; and providing other matters properly relating thereto.

 

[Approved March 2, 1979]

 

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

 

      Section 1.  Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Employees of the supreme court or the legislative branch of the government of the State of Nevada who have served for 2 consecutive years or more are entitled to transfer to a position having similar duties and compensation in the classified service of the state on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority. The benefit conferred by this section includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.


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ê1979 Statutes of Nevada, Page 39 (Chapter 31, AB 92)ê

 

sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.

 

________

 

 

CHAPTER 32, AB 169

Assembly Bill No. 169–Assemblymen Barengo and Hayes

CHAPTER 32

AN ACT relating to crimes against the person; defining kidnaping for the purpose of sexual assault as kidnaping in the first degree; and providing other matters properly relating thereto.

 

[Approved March 2, 1979]

 

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

 

      Section 1.  NRS 200.310 is hereby amended to read as follows:

      200.310  1.  Every person who shall willfully seize, confine, inveigle, entice, decoy, abduct, conceal, kidnap or carry away any [individual human being] person by any means whatsoever with the intent to hold or detain, or who holds or detains, [such individual] the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from [such individual,] the person, or to exact from relatives, friends, or other person any money or valuable thing for the return or disposition of such kidnaped person, and every person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine it from its parents, guardians, or any other person having lawful custody of such minor, or with the intent to hold such minor to unlawful service, or perpetrate upon the person of such minor any unlawful act [shall be deemed] is guilty of kidnaping in the first degree.

      2.  Every person who shall willfully and without authority of law seize, inveigle, take, carry away or kidnap another person with the intent to keep such person secretly imprisoned within the state, or for the purpose of conveying such person out of the state without authority of law, or in any manner held to service or detained against his will, [shall be deemed] is guilty of kidnaping in the second degree.

 

________

 

 


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ê1979 Statutes of Nevada, Page 40ê

 

CHAPTER 33, AB 160

Assembly Bill No. 160–Assemblymen Mann, Sena, Brady, Harmon, Jeffrey, Getto, Marvel, Cavnar, Rusk, Mello, Dini, May, Craddock, Westall, Tanner, Wagner, Webb, Bergevin, Robinson, Fielding, Weise, Coulter, Stewart, Horn, Vergiels, Malone, Polish, FitzPatrick and Hayes

CHAPTER 33

AN ACT relating to prisons; providing for the establishment of criteria for a reasonable deduction from the personal funds of an offender to pay for state property which has been willfully damaged or destroyed; and providing other matters properly relating thereto.

 

[Approved March 2, 1979]

 

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

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The board shall establish by regulation criteria for a reasonable deduction from money credited to the account of an offender who has willfully damaged or destroyed state property during his incarceration, on account of the harm done.

 

________

 

 

CHAPTER 34, AB 214

Assembly Bill No. 214–Committee on Judiciary

CHAPTER 34

AN ACT relating to energy resources; removing duplicative provisions of law concerning the appointment of the state energy resources advisory board and its functions; and providing other matters properly relating thereto.

 

[Approved March 2, 1979]

 

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

 

      Section 1.  NRS 523.031 is hereby amended to read as follows:

      523.031  1.  The department of energy is hereby created.

      2.  The department consists of the director and:

      (a) The division of Colorado River resources;

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

      (c) The division of energy conservation and planning.

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

      4.  The director shall:

      (a) Be in the unclassified service.

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

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

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


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

ê1979 Statutes of Nevada, Page 41 (Chapter 34, AB 214)ê

 

for the administration of all provisions of law relating to the functions of the department.

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

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

      [8.  The director may appoint an advisory board to advise him on matters relating to the conservation and management of energy resources.]

      Sec. 2.  NRS 523.091 and 523.101 are hereby repealed.

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

 

________

 

 

CHAPTER 35, AB 7

Assembly Bill No. 7–Committee on Ways and Means

CHAPTER 35

AN ACT to amend an act entitled, “An Act making an appropriation to the state public works board for certain improvements to be made at the Nevada state prison in Carson City, Nevada; and providing other matters properly relating thereto,” approved April 15, 1977.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  Section 1 of the above-entitled act, being chapter 188, Statutes of Nevada 1977, at page 353, is hereby amended to read as follows:

 

       Section 1.  There is hereby appropriated from the state general fund the sum of $8,522,400 to the state public works board for the following improvements to the Nevada state prison in Carson City:

       1.  New plumbing fixtures and electrical systems in certain existing cell blocks.

       2.  [Enlargement of the old quarry to provide an] Construction of a new athletic field.

       3.  Rehabilitation of the yard area.

       4.  Air-conditioning for the dining hall.

       5.  Renovation of the existing old buildings.

       6.  Construction of new living units, [a new] and new and remodeled facilities at the administration building and [new] the vocational shop buildings.

       7.  Additional improvements and materials for the Nevada state prison maximum security facility.

 

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 42ê

 

CHAPTER 36, AB 157

Assembly Bill No. 157–Committee on Judiciary

CHAPTER 36

AN ACT relating to estates of decedents; resolving a conflict concerning fees charged by the county clerk in small estates; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 19.013 is hereby amended to read as follows:

      19.013  1.  Each county clerk shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee now provided by law, to be paid by the party commencing the action, proceeding or transfer......................................................................    $32.00

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court, in addition to the court fee now provided by law............       20.00

On the filing of a petition for letters testamentary, or of administration or guardianship, which fee shall include the court fee now provided by law, to be paid by the petitioner:

Where the stated value of the estate is more than [$1,000 and less than $5,000..............................................................       25.00

Where the stated value of the estate is $5,000 or more] $5,000  ......................................................................... 50.00

Where the stated value of the estate is [$1,000] $5,000 or less, no fee may be charged or collected.

On filing a petition to contest any will or codicil, to be paid by the petitioner     ................................................................................................... 25.00

On the filing of objection or cross-petition to the appointment of an executor, adminstrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter.........................       25.00

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them....................................................................................................       25.00

For filing a notice of appeal.........................................................................       10.00

For issuing transcript of judgment and certifying thereto...................... 1.00 For preparing any copy of record, proceeding or paper on file in his office:

 


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

ê1979 Statutes of Nevada, Page 43 (Chapter 36, AB 157)ê

 

For preparing any copy of record, proceeding or paper on file in his office:

When such copy is reproduced by xerography, for each page     ......................................................................... $0.25

When such copy is photostated, for each page..............           .50

For each certificate of the clerk, under the seal of the court         ............................................................................ 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate...............         2.00

For filing and indexing articles of incorporation......................................         5.00

For each amendment, acceptance or appointment of resident agent, list of officers, dissolution or reinstatement or bond companies             ......................................................................................... 3.00

For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity....................................................         5.00

For issuing any certificate under seal, not otherwise provided for........        2.00

For searching records or files in his office, for each year.......................          .50

For filing and recording a bond of a notary public..................................         5.00

 

      2.  All fees prescribed in this section are payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 are in full for all services rendered by the county clerk in the case for which the fees are paid, to and including the making up of the judgment roll, but such fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  No fee may be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case in habeas corpus proceedings.

      5.  Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 44ê

 

CHAPTER 37, AB 159

Assembly Bill No. 159–Committee on Judiciary

CHAPTER 37

AN ACT relating to hearsay; limiting the admissibility of certain statements against interest; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 51.345 is hereby amended to read as follows:

      51.345  1.  A statement which at the time of its making:

      (a) Was so far contrary to the declarant’s pecuniary or proprietary interest;

      (b) So far tended to subject him to civil or criminal liability;

      (c) So far tended to render invalid a claim by him against another; or

      (d) So far tended to make him an object of hatred, ridicule or social disapproval,

that a reasonable man in his position would not have made the statement unless he believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused in a criminal case is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

      2.  This section does not make admissible a statement or confession offered against the accused [in a criminal case,] made by a codefendant or other person implicating both himself and the accused.

 

________

 

 

CHAPTER 38, AB 206

Assembly Bill No. 206–Committee on Judiciary

CHAPTER 38

AN ACT relating to metropolitan fire departments; repealing chapter 455, Statutes of Nevada 1977; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  Chapter 455, Statutes of Nevada 1977, at page 905, is hereby repealed.

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 45ê

 

CHAPTER 39, AB 208

Assembly Bill No. 208–Committee on Judiciary

CHAPTER 39

AN ACT relating to statutes; ratifying technical corrections made to various chapters of NRS; correcting the effective date of and repealing certain provisions in Statutes of Nevada 1977; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  Section 9 of chapter 759, Statutes of Nevada 1975, at page 1796, is hereby amended to read as follows:

 

       Sec. 9.  NRS 244.207 is hereby amended to read as follows:

       244.207  1.  Notwithstanding any other provision of law, the boards of county commissioners [of counties whose population is less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] shall have power and jurisdiction in their respective counties to establish by ordinance central receiving and disbursing systems for the handling of county moneys and moneys held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:

       (a) The commingling of all moneys from any source whatsoever, provided that the accounting system employed supplies full information concerning the sources of the moneys.

       (b) The elimination of departmental bank accounts, or accounts in insured savings and loan associations which are stock companies and not mutual associations, provided for in NRS 356.200 by commingling such moneys in [a bank] an account or accounts maintained by the county treasurer.

       (c) The elimination of trust bank accounts created for any reason whatsoever, as long as adequate records are maintained to identify fully all trust moneys. The moneys previously held in such trust bank accounts may be commingled with other moneys held in bank accounts maintained by the county treasurer.

       (d) The centralization of all disbursing of all moneys, including trust moneys, provided the accounting system employed supplies full information concerning the disposition of such moneys.

       (e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services or taxes or fees imposed by statute or ordinance, or the collection of moneys in payment of such billings.

       2.  Investment income from the commingled funds will be credited to the general fund of the county if other provisions of law or contract do not require other allocation of such investment income.

       3.  Nothing in this section shall:


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

ê1979 Statutes of Nevada, Page 46 (Chapter 39, AB 208)ê

 

       (a) Eliminate the reporting requirements of various elected and appointed officials relating to the receipt and disposition of moneys.

       (b) Limit the right of a local government as defined in NRS 354.474 (but not including a county) whose moneys are held in trust by the county to direct the receipt, disbursement and investment of its money independently of the system provided for in this section, where such independent direction is otherwise authorized by law.

 

      Sec. 2.  Sections 16 and 29 of chapter 13, Statutes of Nevada 1977, at pages 18 and 24, respectively, are hereby amended to read respectively as follows:

 

       Sec. 16.  1.  Before the state acting through the board, or the county, constructs, otherwise acquires, improves or equips any work or other real property for the facilities of the state or the county except repairs, major renewals and major replacements, the state or the county shall submit plans, specifications or other instruments or other documents pertaining thereto for the approval of such acquisitions, improvements or equipment to the division of environmental protection of the state department of conservation and natural resources.

       2.  The division may require the state or the county to submit additional information pertaining to any such request for such approval and may require modifications to such instruments or documents as a condition of its approval.

       3.  Upon the receipt of the division’s approval in writing of such works or other property, the state or the county may construct, otherwise acquire, improve or equip such works or property in conformance with such approval.

       Sec. 29.  NRS 244.9241 is hereby amended to read as follows:

       244.9241  1.  Before the [county constructs, otherwise acquires, improves or equips] state acting through the board, or the county, prepares or causes to be prepared plans, specifications or other documents for the construction, other acquisition, improvement or equipment of any work or other real property for the facilities of the state or the county except repairs, major renewals and major replacements, the state or the county shall submit preliminary plans [, specifications or other instruments or other documents pertaining thereto for the approval of such acquisitions, improvements and equipment] to:

       (a) The division of environmental protection of the state department of conservation and natural resources;

       (b) The county board of health; and

       (c) The county regional planning body [.] ,

for approval of the type, scope and location of the proposed work or other real property for the facilities.

       2.  Each such agency may require the state or the county to submit additional information to the agency pertaining to any such request for such approval and may require [reasonable] modifications to such [instruments or documents] plans as a condition of the agency’s approval.


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

ê1979 Statutes of Nevada, Page 47 (Chapter 39, AB 208)ê

 

       3.  Upon the receipt of each agency’s approval in writing of such [works or other property,] plans, the state or the county may [so construct, otherwise acquire, improve or equip] prepare or cause to be prepared plans, specifications or other instruments or documents for the construction, other acquisition, improvement or equipment of such works or property in conformance with such approval.

       4.  The county board of health shall not require any modification with which the health division of the department of human resources does not concur.

 

      Sec. 3.  Section 8 of chapter 170, Statutes of Nevada 1977, at page 315, is hereby amended to read as follows:

 

       Sec. 8.  NRS 616.542 is hereby amended to read as follows:

       616.542  1.  The governor shall appoint [an appeals officer] two appeals officers to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. [Such] Each appeals officer shall hold office for a term of 4 years from the date of his appointment and until his successor is appointed and has qualified. [Such] Each appeals officer is entitled to receive an annual salary [of not more than $25,000 depending upon education, training and experience, to be paid from the state insurance fund.] in an amount provided by law for employees in the unclassified service of the state.

       2.  [Such] Each appeals officer [shall be familiar with the provisions of this chapter and chapter 617 of NRS and have 5 years’ experience in adjudication of workmen’s compensation claims or cases or] shall be an attorney who has been licensed to practice law before all the courts of this state. [for a period of at least 2 years. The] An appeals officer shall not engage in the private practice of law. [after January 1, 1977.]

       3.  If [the] 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 such case and the governor [shall] may appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer shall be paid at an hourly rate, based upon the appeal officer’s salary. [, from money in the state insurance fund.]

       4.  An appeals officer shall render his final decision on a contested claim within 120 days after the hearing.

       5.  The decision of [the] an appeals officer is the final administrative determination of a claim under this chapter or chapter 617 of NRS, and the whole record, for the purposes of judicial review under the Nevada Administrative Procedure Act, [(chapter 233B of NRS),] shall be made up of all evidence taken at the hearing [,] before the appeals officer [,] and any findings of fact and conclusions of law based thereon.

 

      Sec. 4.  Section 5 of chapter 314, Statutes of Nevada 1977, at page 582, is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 48 (Chapter 39, AB 208)ê

 

       Sec. 5.  NRS 618.315 is hereby amended to read as follows:

       618.315  1.  The department has authority [:

       1.  Over] over working conditions in all places of employment except [:

       (a) Those which are subject to the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.) or the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.);

       (b) Those which are subject to the jurisdiction of the inspector of mines under the provisions of chapter 512 of NRS;

       (c) Those of railroad employees whose safety and health are subject to protection under the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.); and

       (d) Motor vehicles operating on public highways of this state. This section does not invest the department with any power, jurisdiction or authority over motor vehicles operating on public highways.

       2.  To declare] as limited by subsection 2.

       2.  The authority of the department does not extend to working conditions which:

       (a) Exist in household domestic service;

       (b) Exist in motor vehicles operating on public highways of this state;

       (c) Are regulated by the inspector of mines under the provisions of chapter 512 of NRS; or

       (d) Are regulated pursuant to the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.), the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.).

       3.  The department may:

       (a) Declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render [the] employees [of every employment and place of employment] safe as required by lawful order, state standards or regulations or federal standards, as adopted by the department.

       [3.  To fix] (b) Fix and adopt such reasonable standards and [to] prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which shall be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees. [in employments and place of employment.

       4.  To adopt](c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as [shall] render such places safe and healthful.

       [5.  To require](d) Require the performance of any other act which the protection of the lives, safety and health in places of employment may reasonably demand.


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

ê1979 Statutes of Nevada, Page 49 (Chapter 39, AB 208)ê

 

       [6.  To provide] (e) Provide the method and frequency of making investigations, examinations and inspections.

       [7.  To prepare,] (f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for such publications.

       [8.  To furnish] (g) Furnish blank forms upon request.

       [9.  To provide] (h) Provide for adequate notice to each employer or employee of his right to administrative review of any department action or decision as set forth in NRS 618.475 and 618.605 and to judicial review.

       [10.  To consult] (i) Consult with the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.

       [11.  To appoint] (j) Appoint advisers and fix their compensation, who shall assist the department in establishing standards of safety and health, and the department may adopt and incorporate in its general orders such safety and health recommendations as it may receive from such advisers.

 

      Sec. 5.  Section 1 of chapter 320, Statutes of Nevada 1977, at page 609, is hereby amended to read as follows:

 

       Section 1.  NRS 392.030 is hereby amended to read as follows:

       392.030  1.  The board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district in accordance with rules and hearing procedures complying with requirements of due process of law.

       2.  No pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion pursuant to this section.

       3.  The provisions of chapter 241 of NRS do not apply to any hearing conducted under this section. Such hearings shall be closed to the public.

 

      Sec. 6.  Section 6 of chapter 377, Statutes of Nevada 1977, at page 695, is hereby amended to read as follows:

 

       Sec. 6.  NRS 695A.580 is hereby amended to read as follows:

       695A.580  1.  Any person who [willfully] makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society is guilty of a gross misdemeanor.

       2.  Any person who [willfully] makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.


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ê1979 Statutes of Nevada, Page 50 (Chapter 39, AB 208)ê

 

member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.

       3.  Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state [shall be punished by a] is subject to an administrative fine, imposed by the commissioner, of not less than $25 nor more than [$200.] $500 for each violation. In addition if the person is an insurance agent of the society, the commissioner may suspend, revoke, limit or refuse to continue his license in the manner provided in NRS 683A.450.

       4.  Any person convicted of a willful violation of, or neglect or refusal to comply with, any provision of this chapter for which a penalty is not otherwise prescribed shall be punished by a fine of not more than [$200.] $1,000 for each violation, and not more than $10,000 for all related violations.

 

      Sec. 7.  Section 17 of chapter 381, Statutes of Nevada 1977, at page 722, is hereby amended to read as follows:

 

       Sec. 17.  1.  The district attorney is responsible for establishing paternity and securing support pursuant to NRS 425.260 to 425.440, inclusive, in cases referred by the division.

       2.  The attorney general may assist any district attorney upon request.

       3.  If a district attorney fails or refuses to perform this duty in a particular case in which assistance is granted, or in which establishment of paternity or enforcement of support is required, the attorney general may undertake to perform this duty and may exercise in connection therewith all powers of the district attorney provided by law.

 

      Sec. 8.  Section 3 of chapter 383, Statutes of Nevada 1977, at page 737, is hereby amended to read as follows:

 

       Sec. 3.  NRS 200.504 is hereby amended to read as follows:

       200.504  1.  The welfare division of the department of human resources or the authorized county agency shall:

       (a) File with the central [registry] and regional registries for child abuse and neglect [, established under NRS 432.100,] a copy of each report of child abuse or neglect received by or referred to them. [under NRS 200.502.]

       (b) Investigate each report [made under NRS 200.502] of child abuse or neglect received or referred to it by a law enforcement agency to determine the circumstances surrounding the injury or injuries, the cause thereof, and the person or persons responsible.

       (c) [Report the following information] Upon completing the investigation, report to the central registry: [at the time of completion of the investigation required by paragraph (b) of this section:]

             (1) Identifying and demographic information on the child alleged to be abused or neglected, his parents and the person or persons allegedly responsible for the abuse or neglect.


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ê1979 Statutes of Nevada, Page 51 (Chapter 39, AB 208)ê

 

             (2) The facts of the alleged child abuse or neglect, including the date and type of alleged child abuse or neglect, the manner in which abuse was inflicted and the severity of the injuries.

       (d) Upon disposition of the case, report the nature of the disposition to the central registry and the referring law enforcement agency, if any.

       (e) Provide such social services as are necessary to protect the child and preserve the family.

       2.  The welfare division shall advise each authorized county agency of any report received or referred and investigation made in that county. Each authorized county agency shall advise the welfare division of each report received or referred and investigation made.

       3.  If the division or agency determines that further action is necessary to protect the child who is the subject of the report, as well as any other child under the same care who may be in danger of abuse or neglect, the division or agency may refer the case to the district attorney for criminal prosecution or it may recommend the filing of a petition in the juvenile division of the district court as provided in chapter 62 of NRS.

 

      Sec.9.  Section 35 of chapter 473, Statutes of Nevada 1977, at page 945, is hereby amended to read as follows:

 

       Sec. 35.  1.  Examinations shall be held at least twice a year at the time and place fixed by the board. All applicants shall be notified in writing of the examinations.

       2.  The examination shall be fair and impartial, practical in character, and the questions shall be designed to discover the applicant’s fitness.

       3.  The board may employ specialists and other professional consultants or examining services in conducting the examination.

       4.  The member who is not licensed in any state to practice any healing art shall not participate in preparing, conducting or grading any examination required by the board.

 

      Sec. 10.  Section 273 of chapter 530, Statutes of Nevada 1977, at page 1252, is hereby repealed.

      Sec. 11.  Section 173 of chapter 529, Statutes of Nevada 1977, at page 1174, is hereby amended to read as follows:

 

       Sec. 173.  1.  NRS 232.073, 232.105, 232.115, 232.130, 513.010 to 513.100, inclusive, 522.030, 703.240 to 703.260, inclusive, and 703.280 are hereby repealed.

       2.  NRS 703.270 is hereby repealed.

       3.  Assembly Bill 28 of the 59th session of the legislature, is hereby repealed.

 

      Sec. 12.  Section 371 of chapter 530, Statutes of Nevada 1977, as last amended by chapter 576, Statutes of Nevada 1977, at page 1486, is hereby amended to read as follows:

 

       Sec. 371.  1.  NRS 180.020, 210.020 to 210.050, inclusive, 210.410 to 210.440, inclusive, 216.135 to 216.175, inclusive, 233D.010, 233D.040, 242.110, 242.210, 242.220, 315.790, 341.040, 381.050, 383.050, 385.470 to 385.580, inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050, 422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.030 to 457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240, inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260, inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263, 512.105, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040, 636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050, 641.060, 641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070, 656.060, 673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.


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ê1979 Statutes of Nevada, Page 52 (Chapter 39, AB 208)ê

 

233D.010, 233D.040, 242.110, 242.210, 242.220, 315.790, 341.040, 381.050, 383.050, 385.470 to 385.580, inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050, 422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.030 to 457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240, inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260, inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263, 512.105, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040, 636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050, 641.060, 641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070, 656.060, 673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.

       2.  NRS 422.142 to 422.148, inclusive, 432A.140 and 616.4983 are hereby repealed.

 

      Sec. 13.  Section 6 of chapter 538, Statutes of Nevada 1977, at page 1313, is hereby amended to read as follows:

 

       Sec. 6.  1.  Each provider of health care shall make the health care records of a patient available for physical inspection by:

       (a) The patient or a representative with written authorization from the patient; or

       (b) Any authorized representative or investigator of the board of medical examiners of the State of Nevada or the attorney general in the course of any investigation conducted pursuant to NRS 630.314,

upon the request of any of them. The records shall be made available at a place within the depository convenient for physical inspection and inspection shall be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes.

       2.  Records made available to a representative or investigator of the board of medical examiners or the attorney general in accordance with the provisions of this section shall not be used at any public hearing unless:

       (a) The patient named in the records has consented in writing to their use; or

       (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

This subsection does not prohibit the board of medical examiners from providing to a physician against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the physician and his attorney shall keep the information confidential.

       3.  A provider of health care, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.


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ê1979 Statutes of Nevada, Page 53 (Chapter 39, AB 208)ê

 

immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

 

      Sec. 14.  Section 7 of chapter 541, Statutes of Nevada 1977, at page 1326, is hereby amended to read as follows:

 

       Sec. 7.  NRS 244.045, 245.052, 246.050, 247.030, 248.025, 249.035, 250.050 and 252.040 are hereby repealed.

 

      Sec. 15.  Section 20 of chapter 543, Statutes of Nevada 1977, at page 1332, is hereby amended to read as follows:

 

       Sec. 20.  1.  Except as provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this state.

       2.  This chapter does not apply to:

       (a) A rental agreement subject to the provisions of NRS 118.230 to 118.290, inclusive, and sections 2 to 11, inclusive, of chapter 572, Statutes of Nevada 1977.

       (b) Low-rent housing programs operated by public housing authorities and established pursuant to the United States Housing Act of 1937, as amended (42 U.S.C. 1401 et seq.).

       (c) A person who owns less than seven dwelling units, except with respect to the provisions of sections 24, 34, 40, 52 and 53 of this act.

       (d) Residence in an institution, public or private, incidental to detention or the provisions of medical, geriatric, educational, counseling, religious or similar service.

       (e) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser’s interest.

       (f) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

       (g) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period.

       (h) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or about the premises.

       (i) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment.

       (j) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

 

      Sec. 16.  Section 6 of chapter 550, Statutes of Nevada 1977, at page 1364, is hereby amended to read as follows:

 

       Sec. 6.  NRS 294A.020 is hereby amended to read as follows:

       294A.020  1.  Every candidate for state, district, county, city or township office at a recall, special, primary or general elections shall, [within 15 days after the primary election and 30 days after the general election,] not later than:

 


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ê1979 Statutes of Nevada, Page 54 (Chapter 39, AB 208)ê

 

[within 15 days after the primary election and 30 days after the general election,] not later than:

       (a) Fifteen days after the primary election if the candidate wins or 30 days after the primary election if he loses, for the remaining period up to the primary election;

       (b) Fifteen days before the general election, for the period from the primary election up to 20 days before the general election; and

       (c) Thirty days after the general election, for the remaining period up to the general election,

report his campaign expenses [to the secretary of state] on affidavit forms to be designed and provided by the secretary of state.

       2.  Reports of campaign expenses shall be filed with the officer with whom he filed his declaration of candidacy or acceptance of candidacy.

       3.  County clerks who receive reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.

       4.  Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

 

      Sec. 17.  Sections 10, 40, 47 and 48 of chapter 573, Statutes of Nevada 1977, at pages 1452, 1462, 1465 and 1466, respectively, are hereby amended to read respectively as follows:

 

       Sec. 10.  NRS 489.031 is hereby amended to read as follows:

       489.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.041 to 489.155, inclusive, sections 2 to 7, inclusive, of this act, and section 187 of [this act] chapter 530, Statutes of Nevada 1977, have the meanings ascribed to them in [such] those sections.

       Sec. 40.  NRS 489.430 is hereby amended to read as follows:

       489.430  1.  The [division] department may deny [the issuance of] or revoke a manufacturer’s, dealer’s, [or] serviceman’s, installer’s or rebuilder’s license 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) Failure or refusal to furnish and keep in force any bond [.] required by this chapter.

       (f) [Failure on the part of such licensee to maintain a fixed place of business in this state.] Evidence of financial insolvency of the applicant or licensee.

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


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ê1979 Statutes of Nevada, Page 55 (Chapter 39, AB 208)ê

 

any mobile home.] conduct of his business licensed under this chapter.

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

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

       Sec. 47.  NRS 489.090, 489.124 and 489.156 are hereby repealed.

       Sec. 48.  1.  Sections 10, 26, 27 and 33 of this act shall become effective at 12:01 a.m. on July 1, 1977.

       2.  The remaining sections of this act shall become effective on July 1, 1977.

       3.  Section 41 of this act shall become effective at 12:02 a.m. on July 1, 1977.

 

      Sec. 18.  Section 3 of chapter 585, Statutes of Nevada 1977, at page 1542, is hereby amended to read as follows:

 

       Sec. 3.  The only circumstances by which murder of the first degree may be aggravated are:

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

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

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

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

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

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

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


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ê1979 Statutes of Nevada, Page 56 (Chapter 39, AB 208)ê

 

Nevada state prison when carrying out the duties prescribed by the warden of the Nevada state prison.

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

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

 

      Sec. 19.  Section 2 of chapter 592, Statutes of Nevada 1977, at page 1569, is hereby amended to read as follows:

 

       Sec. 2.  NRS 218.680 is hereby amended to read as follows:

       218.680  1.  [For] Except during a regular or special session of the legislature for each day’s attendance at each meeting of the commission, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission [shall] are entitled to receive a salary of $40 and the per diem allowance and travel expenses provided by law.

       2.  An alternate member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided by law.

 

      Sec. 20.  Sections 12.3 and 16 of chapter 600, Statutes of Nevada 1977, at pages 1642 and 1643, respectively, are hereby amended to read respectively as follows:

 

       Sec. 12.3.  NRS 584.570 is hereby amended to read as follows:

       584.570  1.  No distributor may engage in any of the practices set forth in paragraphs (a) to (d), inclusive, of subsection 2 of this section, whether or not a stabilization and marketing plan is in effect in the area in which he carries on his business.

       2.  Each stabilization and marketing plan shall contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices set forth in this subsection:

       (a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.

       (b) The giving of any milk, cream, dairy products, services or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or cream business of any customer.

       (c) The extension to certain customers of special prices or services not made available to all customers who purchase fluid milk or fluid cream of like quantity under like terms and conditions.

       (d) The purchase of any fluid milk in excess of 200 gallons monthly from any producer or association of producers unless a written contract has been entered into with such producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of such milk to be paid for as class 1 in pounds of milk or pounds of milk fat or gallons of milk, and the price to be paid for all milk received.


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ê1979 Statutes of Nevada, Page 57 (Chapter 39, AB 208)ê

 

in pounds of milk or pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract shall also state the date and method of payment for such fluid milk, which shall be that payment shall be made for approximately one-half of the milk delivered in any calendar month not later than the 1st day of the next following month and the remainder not later than the 15th day of the month, the charges for transportation if hauled by the distributor, and may contain [such] other provisions [as] which are not in conflict with NRS 584.325 to 584.690, inclusive. [, and shall contain a proviso to the effect] The contract shall also provide that the producer [shall not be] is not obligated to deliver in any calendar month fluid milk to be paid for at the minimum price for fluid milk [that is used for class 3, as that class is defined in NRS 584.490.] which is used by distributors in the manufacture of butter and cheese other than cottage cheese. A signed copy of such contract shall be filed by the distributor with the commission within 5 days from the date of its execution. The provisions of this subsection relating to dates of payment do not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.

       Sec. 16.  NRS 584.1759, 584.176, 584.177, 584.178, 584.179, 584.325, 584.330, 584.335, 584.340, 584.345, 584.350, 584.355, 584.360, 584.365, 584.370, 584.375, 584.380, 584.385, 584.390, 584.395, 584.400, 584.405, 584.410, 584.415, 584.420, 584.425, 584.435, 584.440, 584.445, 584.450, 584.455, 584.460, 584.465, 584.470, 584.495, 584.500, 584.505, 584.510, 584.515, 584.520, 584.522, 584.525, 584.535, 584.540, 584.543, 584.545, 584.550, 584.555, 584.560, 584.565, 584.568, 584.570, 584.575, 584.580, 584.582, 584.583, 584.584, 584.585, 584.590, 584.595, 584.600, 584.605, 584.610, 584.615, 584.620, 584.625, 584.630, 584.633, 584.635, 584.640, 584.645, 584.650, 584.655, 584.660, 584.665, 584.670, 584.675, 584.680, 584.690, and sections 2 and 3 of this act are hereby repealed.

 

      Sec. 21.  Sections 14.5, 24, 24.5 and 25 of chapter 574, Statutes of Nevada 1977, at pages 1453 and 1455, respectively, are hereby repealed.

      Sec. 22.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1979 Statutes of Nevada, Page 58ê

 

CHAPTER 40, SB 12

Senate Bill No. 12–Senator Raggio

CHAPTER 40

AN ACT relating to public officers and employees; providing an exception to the limitation of one salary for all services rendered to the state; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 281.127 is hereby amended to read as follows:

      281.127  1.  Unless otherwise provided by law, no public officer or employee whose salary is set by law, whether or not he serves the state in more than one capacity, may be paid more than one salary for all services rendered to the state. [, except for salaries for any ex officio duties he may be required by law to perform.]

      2.  The provisions of subsection 1 do not apply to any public officer or employee for salaries:

      (a) For any ex officio duties he may be required by law to perform.

      (b) For teaching during off-duty hours in an educational program sponsored by a governmental authority if he is not regularly employed in such program by that governmental authority.

 

________

 

 

CHAPTER 41, AB 216

Assembly Bill No. 216–Committee on Judiciary

CHAPTER 41

AN ACT relating to planning and zoning; deleting a redundant requirement for posting notice; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 278.330 is hereby amended to read as follows:

      278.330  1.  The initial action in connection with the making of any subdivision is the preparation of a tentative map.

      2.  The subdivider shall file copies of such map with the planning commission, or with the clerk of the governing body if there is no planning commission together with a filing fee in an amount [as] determined by the governing body.

      3.  The commission, the clerk of the governing body or, when permitted by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.

      4.  If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.


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ê1979 Statutes of Nevada, Page 59 (Chapter 41, AB 216)ê

 

body shall submit the tentative map to the governing body at its next regular meeting.

      5.  If there is a planning commission it shall, within 45 days after receiving a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.

      [6.  The agenda of any meeting of the planning commission or any governing body, which includes the review of the tentative map shall be published or posted in a prominent public place.]

 

________

 

 

CHAPTER 42, SB 111

Senate Bill No. 111–Committee on Judiciary

CHAPTER 42

AN ACT relating to judges; reinstating in Nevada Revised Statutes the provision for one change of judge upon filing of an affidavit alleging bias or prejudice; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 1.235 is hereby amended to read as follows:

      1.235  1.  [Any] Except to the extent otherwise permitted in a civil action by this chapter, any party to an action or proceeding pending in any court [except] other than the supreme court, who seeks to disqualify a judge for actual or implied bias or prejudice shall file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney [shall] must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as provided in subsection 2, the affidavit [shall] must be filed:

      (a) Not less than 20 days before the date set for trial or hearing of the case; or

      (b) Not less than 3 days before the date set for the hearing of any pretrial matter.

      2.  Except as provided in this subsection, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit [shall] must be filed:

      (a) Within 3 days after the party or his attorney is notified that that case has been assigned to a judge;

      (b) Before the hearing of any pretrial matter; or

      (c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,

whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before he is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.


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

ê1979 Statutes of Nevada, Page 60 (Chapter 42, SB 111)ê

 

      3.  The judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

      (a) Immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; or

      (b) File a written answer with the clerk of the court within 2 days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of his disqualification. The question of the judge’s disqualification [shall] must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by the judge appointed:

             (1) By the chief judge in judicial districts having more than one judge, or if the chief judge is sought to be disqualified, by the judge having the greatest number of years of service.

             (2) By the supreme court in judicial districts having only one judge.

      Sec. 2.  NRS 1.240 is hereby amended to read as follows:

      1.240  1.  A judge shall not act as such if any party to a civil action in the district court files an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposing party. The judge shall proceed no further with the matter but shall either transfer the action to another department of the court, if there is more than one department of the court in the district, or request the judge of the district court of another district to preside at the trial or hearing of the matter. Every affidavit must be filed at least 10 days before the hearing of a contested matter if a judge has been assigned to hear the matter or, if a judge has not been assigned at least 10 days prior to the hearing, the affidavit must be filed when the party or his attorney is notified that a judge has been assigned to hear the matter. The affidavit must be accompanied by a certificate of the attorney of record for affiant that the affidavit is filed in good faith and not interposed for delay. The party filing the affidavit for change of judge shall at the time of filing pay to the clerk of the court in which the affidavit is filed $25, which sum the clerk shall transmit to the state treasurer who shall deposit it in the state treasury to the credit of the state general fund for the support of district judges’ travel.

      2.  Not more than one change of judge may be granted in any civil action under the procedure provided by [subsection 5 of NRS 1.230.] this section, but each party to the action [shall have] is entitled to an opportunity to urge his objections to any judge before the action or proceeding is assigned to another judge, and the assignment [shall] must be to the most convenient judge to whom the objections of the parties do not apply or are least applicable.

      3.  The right granted by this section may be lost by the failure of a party to comply with the requirements set forth in subsection 1 or by a waiver in writing executed by the party or by his attorney, and not otherwise.


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

ê1979 Statutes of Nevada, Page 61 (Chapter 42, SB 111)ê

 

      4.  The provisions of this section do not apply in delinquency cases in juvenile court proceedings.

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

 

________

 

 

CHAPTER 43, SB 150

Senate Bill No. 150–Committee on Government Affairs

CHAPTER 43

AN ACT relating to lost warrants of the state; revising the accounting procedure; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 353.140 is hereby amended to read as follows:

      353.140  1.  The state controller shall establish a lost warrant account and credit to it the amount of each warrant canceled.

      2.  If a state controller’s warrant has been lost or destroyed, the person in whose favor such warrant was drawn may, within 1 year from the date of the original warrant, file with the state controller an affidavit setting forth the reasons for the failure to present such warrant for payment and that such warrant is not to the knowledge of affiant held by any other person or persons. If the state controller is satisfied that the original warrant is lost or destroyed, and the claim has not been paid by the state, he may issue another warrant in lieu of the original warrant and charge the amount thereof to the lost warrant account.

      3.  In June of each year, as to each warrant whose original date is at least 1 year old and whose amount credited to the lost warrant account has not been charged out as provided in subsection 2, the state controller shall [direct the state treasurer to transfer from] credit the fund upon which the original warrant was drawn [to the general fund] for an amount equivalent to the original warrant, and shall charge the lost warrant account. [and make proper credit in his own accounts.]

 

________

 

 


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

ê1979 Statutes of Nevada, Page 62ê

 

CHAPTER 44, SB 169

Senate Bill No. 169–Committee on Government Affairs

CHAPTER 44

AN ACT to amend an act entitled, “An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved April 24, 1971, as amended.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  Section 1.050 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, at page 1064, is hereby amended to read as follows:

 

       Section 1.050  Elective offices.

       1.  The elective officers of the city consist of:

       (a) A mayor.

       (b) Four commissioners.

       (c) Municipal judges, the number to be determined by the board of commissioners.

       [(d) A city attorney.]

       2.  Such officers shall be elected as provided by this charter.

 

      Sec.2.  Section 1.070 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as amended by chapter 226, Statutes of Nevada 1975, at page 269, is hereby amended to read as follows:

 

       Sec. 1.070  Elective offices: Vacancies.

       1.  A vacancy [in] on the board of commissioners or in the office of mayor [, city attorney] or municipal judge shall be filled by a majority vote of the members of the board of commissioners, or the remaining members in the case of a vacancy [in] on the board of commissioners, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.

       2.  No such appointment shall extend beyond the next regularly scheduled meeting of the board of commissioners following the next municipal general election, at which election the office shall be filled for the remaining unexpired term.

 

      Sec.3.  Section 1.090 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 752, Statutes of Nevada 1973, at page 1571, is hereby amended to read as follows:

 

       Sec. 1.090  Appointive offices.

       1.  The board of commissioners of the city shall appoint the following officers:

       (a) City manager.

       (b) Five civil service trustees.

       2.  The city manager shall appoint the following officers, subject to ratification by the board of commissioners:

       (a) Director of finance.


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

ê1979 Statutes of Nevada, Page 63 (Chapter 44, SB 169)ê

 

       (b) Director of public works.

       (c) Fire chief.

       (d) City clerk.

       (e) City attorney.

       (f) Such other officers as may be necessary.

       3.  The board of commissioners shall prescribe by ordinance the duties of all appointive officers.

 

      Sec.4.  Section 3.060 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 98, Statutes of Nevada 1977, at page 208, is hereby amended to read as follows:

 

       Section 3.060  City attorney: Qualifications; duties.

       1.  The city attorney shall be:

       (a) A duly licensed member of the State Bar of Nevada.

       (b) The legal officer of the city and shall perform such duties as may be designated by ordinance.

       [(c) A qualified elector, for at least 2 years immediately prior to the year in which the election is held, within the territory established by the boundaries of the city on the last day for filing an affidavit of candidacy.

       2.  On and after July 1, 1975, the city attorney shall receive a salary of $29,000 per annum.

       3.]2.  The city attorney [shall not engage in the private practice of law after July 1, 1975.

       4.  Deputy] and deputy city attorneys shall not engage in the private practice of law. [after July 1, 1977.]

 

      Sec.5.  Section 5.010 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 226, Statutes of Nevada 1975, at page 270, is hereby amended to read as follows:

 

       Section 5.010  Primary municipal elections.

       1.  On the Tuesday after the 1st Monday in May 1975, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor and two offices of commissioner.

       2.  On the Tuesday after the 1st Monday in May 1977, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for [city attorney,] two offices of commissioner and municipal judge, department 2. On the same date, there shall be nominated candidates for municipal judge, department 1, who shall be elected for two years.

       3.  On the Tuesday after the 1st Monday in May 1979, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor, two offices of commissioner and municipal judge, department 1.

       4.  The candidates for commissioner to be nominated as provided in subsections 1 and 2 shall be voted for and nominated separately. The candidates from wards 1 and 3 shall be nominated as provided in subsection 1 and candidates from wards 2 and 4 nominated as provided in subsection 2.


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

ê1979 Statutes of Nevada, Page 64 (Chapter 44, SB 169)ê

 

provided in subsection 1 and candidates from wards 2 and 4 nominated as provided in subsection 2.

       5.  All candidates for municipal offices as provided in subsections 1, 2, 3 and 4 shall file an affidavit of candidacy with the city clerk not less than 30 days nor more than 40 days before the primary election. If the last day limited for filing an affidavit of candidacy [shall fall] falls on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, or the President of the United States, then the period so limited shall expire on the preceding business day at 5 p.m. The filing fee for each office shall be as established by ordinance by the board of commissioners.

       6.  If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.

 

      Sec.6.  This act shall become effective upon passage and approval for purposes of the 1979 municipal elections in the City of Las Vegas. For all other purposes, this act shall become effective July 1, 1979.

 

________

 

 

CHAPTER 45, AB 276

Assembly Bill No. 276–Committee on Ways and Means

CHAPTER 45

AN ACT making an appropriation to the secretary of state for additional expenses incurred in registering lobbyists and performing other services for the 60th session of the Nevada legislature; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the secretary of state for expenses incurred in registering lobbyists and performing other services for the 60th session of the Nevada legislature, the sum of $2,000.

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 65ê

 

CHAPTER 46, AB 329

Assembly Bill No. 329–Committee on Ways and Means

CHAPTER 46

AN ACT making an appropriation to the state board of examiners for the stale claims fund account; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the state board of examiners the sum of $151,745 for the stale claims fund account created by NRS 353.097.

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

 

________

 

 

CHAPTER 47, AB 404

Assembly Bill No. 404–Committee on Ways and Means

CHAPTER 47

AN ACT making an appropriation to the Nevada state library for repair and overhaul of bookmobiles; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Nevada state library the sum of $75,000 to be used for replacement of chassis and overhauling the three bookmobiles purchased with the appropriation made by chapter 137, Statutes of Nevada 1975.

      Sec.2.  After June 30, 1981, the unexpended balance of the appropriation made in section 1 must not be encumbered and any such balance reverts to the state general fund.

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

 

________

 

 

CHAPTER 48, SB 88

Senate Bill No. 88–Senators Close, Wilson and Raggio

CHAPTER 48

AN ACT relating to costs; allowing costs to a prevailing defendant in certain actions for the recovery of money only; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 18.020 is hereby amended to reads as follows:

      18.020  Costs shall be allowed of course to the prevailing party against any adverse party against whom judgment is rendered, in the following cases:

 


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

ê1979 Statutes of Nevada, Page 66 (Chapter 48, SB 88)ê

 

against any adverse party against whom judgment is rendered, in the following cases:

      1.  In an action for the recovery of real property.

      2.  In an action to recover the possession of personal property, where the value of the property amounts to $300 or over [; the] . The value shall be determined by the jury, court or master by whom the action is tried.

      3.  In an action for the recovery of money or damages, where the plaintiff [recovers] seeks to recover $300 or over.

      4.  In a special proceeding.

      5.  In an action which involves the title or possession of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a [justice] justice’s court.

 

________

 

 

CHAPTER 49, SB 101

Senate Bill No. 101–Committee on Judiciary

CHAPTER 49

AN ACT relating to trial by jury; limiting peremptory challenges of jurors to four such challenges by each side in a trial; and providing other matters properly relating thereto.

 

[Approved March 6, 1979]

 

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

 

      Section 1.  NRS 16.040 is hereby amended to read as follows:

      16.040  1.  Either party may challenge the jurors. The challenges [shall] must be to individual jurors and [shall either] be peremptory or for cause. Each [party] side is entitled to four peremptory challenges.

      2.  If there are two or more parties on any side and their interests are diverse, the court may allow additional peremptory challenges, but not more than four, to the side with the multiple parties. If the multiple parties on a side are unable to agree upon the allocation of their additional peremptory challenges, the court shall make the allocation. [shall be made by the court.]

 

________

 

 


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

ê1979 Statutes of Nevada, Page 67ê

 

CHAPTER 50, AB 140

Assembly Bill No. 140–Assemblymen Wagner, Mello, Barengo, Cavnar, Weise, Bremner, Coulter and Glover

CHAPTER 50

AN ACT relating to public employees’ contributions for retirement; authorizing refund of additional contributions abolished in 1977; and providing other matters properly relating thereto.

 

[Approved March 7, 1979]

 

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

 

      Section 1.  1.  The public employees’ retirement system shall refund the additional employee contributions of 2 percent and 4 percent of compensation to all those present members of the system from whose compensation those deductions were taken pursuant to the former provisions of subsection 2 of NRS 286.410 together with simple interest at the rate of 7 percent per annum on the amount of each deduction required to be refunded from the time it was received until June 30, 1979.

      2.  The public employees’ retirement board shall prescribe the forms and procedure to effectuate the refunds authorized by subsection 1, including written notice to all members eligible for the refunds.

 

________

 

 

CHAPTER 51, AB 165

Assembly Bill No. 165–Assemblymen Mello, Dini and May

CHAPTER 51

AN ACT relating to the state legislature; creating a service division within the legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved March 7, 1979]

 

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

 

      Section 1.  NRS 218.610 is hereby amended to read as follows:

      218.610  As used in NRS 218.610 to 218.890, inclusive, and section 3 of this act, “state departments” [mean and include] means all state offices, departments, boards, commissions, institutions, or agencies, and the Nevada industrial commission.

      Sec.2.  NRS 218.620 is hereby amended to read as follows:

      218.620  1.  There is hereby created the [Nevada] legislative counsel bureau, which consists of a legislative commission, an interim finance committee, a director, an audit division, a fiscal analysis division, a legal division [and] , a research division [.] , and a service division.

      2.  The legislative auditor is chief of the audit division. The legislative counsel is chief of the legal division. The research director is chief of the research division. The director is chief of the service division. The director shall designate from time to time one of the fiscal analysts to be responsible for the administration of the fiscal analysis division.


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

ê1979 Statutes of Nevada, Page 68 (Chapter 51, AB 165)ê

 

      3.  The legislative commission shall:

      (a) Appoint the director.

      (b) Fix the compensation of the director, each of the other division chiefs, and each fiscal analyst.

      4.  The director shall appoint the other division chiefs and the fiscal analysts with the approval of the legislative commission.

      5.  The director may, with the consent of the legislative commission, designate one of the other division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.

      6.  The director, officers and employees of the legislative counsel bureau are entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.

      Sec.3.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The service division consists of the chief of the division and such staff as he may require.

      2.  The service division is responsible for:

      (a) Communication equipment;

      (b) Control of inventory;

      (c) Janitorial services;

      (d) Maintenance of buildings, grounds and vehicles;

      (e) Purchasing;

      (f) Security;

      (g) Shipping and receiving;

      (h) Utilities; and

      (i) Warehousing operations.

 

________

 

 

CHAPTER 52, SB 149

Senate Bill No. 149–Committee on Government Affairs

CHAPTER 52

AN ACT relating to data processing; changing certain accounting procedures used by the state computer facility; changing the name of a fund; making an appropriation; and providing other matters properly relating thereto.

 

[Approved March 10, 1979]

 

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

 

      Section 1.  NRS 242.290 is hereby amended to read as follows:

      242.290  1.  Except as provided in subsection 3, the amount receivable from any using agency availing itself of the services of the computer facility shall be determined by the manager in each case and shall include:

      (a) The monthly [cost] expense, including depreciation, of operating and maintaining the computer facility, distributed among the using agencies in proportion to the services performed for any using agency.

      (b) After July 1, 1971, a service charge in an amount determined by distributing the monthly installment for the construction costs of the computer facility among the using agencies in proportion to the services performed for any using agency.


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

ê1979 Statutes of Nevada, Page 69 (Chapter 52, SB 149)ê

 

distributing the monthly installment for the construction costs of the computer facility among the using agencies in proportion to the services performed for any using agency.

      2.  The manager shall prepare and submit monthly to the using agencies for which services of the computer facility have been performed an itemized statement of the amount receivable from each using agency.

      3.  The commission may authorize, if in its judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to a using agency.

      Sec.2.  NRS 242.300 is hereby amended to read as follows:

      242.300  1.  There is hereby created [in the state treasury a commission revolving fund account] the computer facility operating fund as an intragovernmental service fund in the sum of [$125,000] $200,000 for the use of the manager to operate and maintain the computer facility.

      2.  [The fund account shall consist of:

      (a) Cash, in the form of moneys held by the state treasurer;

      (b) Inventory in the form of supplies and materials held by the manager; and

      (c) Receivables, due from using agencies for services rendered to them.

      3.]  Upon closing the books for each fiscal year, to the extent that the [total amount of the commission revolving fund account, less accounts payable, exceeds $125,000,] fund balance exceeds $200,000, the excess portion [of the fund account shall revert] reverts to the state general fund and the state highway fund [in the state treasury] in the same ratio to each other as that in which the [initial] appropriations were made.

      Sec.3.  NRS 242.320 is hereby amended to read as follows:

      242.320  Upon the receipt of a statement submitted pursuant to subsection 2 of NRS 242.290, each using agency shall authorize the state controller by transfer or warrant to draw [funds] money from the using agency’s account in the amount of [such] the statement for transfer to or placement in the [commission revolving fund account.] computer facility operating fund.

      Sec.4.  There is hereby appropriated from the state general fund to the computer facility operating fund the sum of $75,000.

 

________

 

 

CHAPTER 53, SB 68

Senate Bill No. 68–Senators Blakemore, Jacobsen and Dodge

CHAPTER 53

AN ACT relating to emergency medical services; directing the state board of health to establish certain standards for ambulances and attendants; prohibiting misrepresentation by uncertified emergency medical technicians and ambulance services; and providing other matters properly relating thereto.

 

[Approved March 10, 1979]

 

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

 

      Section 1.  NRS 450B.130 is hereby amended to read as follows:

      450B.130  The board shall adopt regulations establishing reasonable minimum standards for:


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

ê1979 Statutes of Nevada, Page 70 (Chapter 53, SB 68)ê

 

      1.  Qualifications and training for attendants [;] which it determines are necessary in addition to the statutory requirements for licensing;

      2.  Sanitation requirements for ambulances and air ambulances;

      3.  Medical and nonmedical equipment and supplies to be carried in ambulances and air ambulances;

      4.  Interior configuration, design and dimensions of ambulances placed in service after July, 1 1979;

      5.  Permits for operation of ambulance services and air ambulance services; and

      [5.]6.  Records to be maintained by all ambulance services and air ambulance services.

      Sec.2.  NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health division may issue licenses to attendants.

      2.  Each [such license shall] license must be evidenced by a card issued to the license holder.

      3.  The health division shall charge no fee for a license.

      4.  Each [such license shall be] license is valid for a period not to exceed 3 years, and is renewable.

      5.  To obtain a license under the provisions of this chapter, [prior to July 1, 1978,] an attendant shall file with the health division:

      (a) A current, valid certificate evidencing his successful completion of a training program or course in advanced first aid equivalent to the programs or courses in advanced first aid offered by:

             (1) The American Red Cross;

             (2) The United States Bureau of Mines;

             (3) The Armed Forces of the United States (to medical corpsmen); or

             (4) Any other rescue or emergency first aid organization recognized by the board.

      (b) A signed statement showing his:

             (1) Name and address;

             (2) Employer’s name and address; and

             (3) Job description.

      (c) Such other certificates for training and such other items as the board may specify.

      6.  [To obtain a license after July 1, 1978:

      (a) A volunteer attendant shall file with the health division, in addition to the items specified in subsection 5, a certificate demonstrating successful completion of a minimum of 16 hours of training in addition to advanced first aid, as required by the regulations of the board of health.

      (b)] An attendant who is not a volunteer shall file with the health division, in addition to the items specified in subsection 5, a current, valid certificate as an emergency medical technician. [certificate.]

      7.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

      [8.]7.  Each ambulance service and air ambulance service shall annually file with the health division a complete list of licensed attendants of such service.


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

ê1979 Statutes of Nevada, Page 71 (Chapter 53, SB 68)ê

 

      [9.]8.  Licensed physicians and nurses may serve as attendants without being licensed as ambulance attendants.

      Sec. 3.  Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  A person shall not represent himself to be an emergency medical technician unless he has been issued a currently valid certificate as an emergency medical technician by the health division.

      Sec. 5.  An ambulance service shall not represent, advertise or imply that it:

      1.  Is authorized to provide advanced emergency care; or

      2.  Utilizes the services of an advanced emergency medical technician-ambulance

unless the service has a currently valid permit to provide advanced emergency care issued by the health division.

      Sec. 6.  NRS 630.440 is hereby amended to read as follows:

      630.440  1.  A training program for advanced emergency medical technicians-ambulance [shall] must include at least 500 hours of training, including but not limited to 300 hours of didactic and 200 hours of clinical instruction. The program [shall] must include cardiac care and emergency vehicle experience.

      2.  A certified advanced emergency medical technician-ambulance must undergo at least 40 hours of further or refresher training yearly in order to maintain his certification, and is subject to reexamination every 2 years by the state health officer.

      3.  A person shall not represent himself to be an advanced emergency medical technician-ambulance unless he has on file with the health division of the department of human resources a currently valid certificate demonstrating successful completion of the training program required by this section.

 

________

 

 

CHAPTER 54, AB 290

Assembly Bill No. 290–Committee on Government Affairs

CHAPTER 54

AN ACT relating to state purchasing; providing for additional locations for the receipt of bids for state purchases; and providing other matters properly relating thereto.

 

[Approved March 12, 1979]

 

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

 

      Section 1.  NRS 333.300 is hereby amended to read as follows:

      333.300  1.  The chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.


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

ê1979 Statutes of Nevada, Page 72 (Chapter 54, AB 290)ê

 

      2.  All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof [shall exceed] exceeds $2,500, shall be purchased by formal contract from the lowest responsible bidder after due notice inviting the submission of sealed proposals to the chief of the purchasing division at [his office in Carson City, Nevada, until a date and hour as] the date, hour and location set forth in the proposal form, and at [such date and hour] that date, hour and location the proposals shall be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. [Such] The notice shall be published as outlined in NRS 333.310.

      3.  In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief; but every effort should be made to secure the maximum competitive bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall:

      (a) If such lowest bids are by bidders resident in Nevada, accept the proposal which, in his discretion, is in the best interests of this state.

      (b) If such lowest bids are by bidders resident outside Nevada:

             (1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or

             (2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in Nevada.

 

________

 

 

CHAPTER 55, AB 295

Assembly Bill No. 295–Committee on Ways and Means

CHAPTER 55

AN ACT making an appropriation from the state general fund to the emergency fund; and providing other matters properly relating thereto.

 

[Approved March 12, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund the sum of $90,760 to the emergency fund created pursuant to NRS 353.263.

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 73ê

 

CHAPTER 56, AB 125

Assembly Bill No. 125–Committee on Education

CHAPTER 56

AN ACT relating to the superintendent of public instruction; permitting an outside occupation only if approved by the state board of education; and providing other matters properly relating thereto.

 

[Approved March 13, 1979]

 

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

 

      Section 1.  NRS 385.170 is hereby amended to read as follows:

      385.170  The superintendent of public instruction [shall] is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. The superintendent [shall devote his entire time and attention to the business of his office and] shall not pursue any other business or occupation or hold any other office of profit [.] without the approval of the state board of education.

 

________

 

 

CHAPTER 57, AB 44

Assembly Bill No. 44–Assemblymen Webb and Malone

CHAPTER 57

AN ACT relating to motorcycles; repealing NRS 486.321 and thereby making motorcycle mufflers subject to NRS 484.611; and providing other matters properly relating thereto.

 

[Approved March 13, 1979]

 

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

 

      Section 1.  NRS 486.321 is hereby repealed.

 

________

 

 

CHAPTER 58, AB 132

Assembly Bill No. 132–Assemblyman Malone

CHAPTER 58

AN ACT relating to the state board of education; revising the limitation on the number of meetings for which members may be compensated; and providing other matters properly relating thereto.

 

[Approved March 13, 1979]

 

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

 

      Section 1.  NRS 385.050 is hereby amended to read as follows:

      385.050  1.  Each member of the state board of education [shall] is entitled to receive:


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

ê1979 Statutes of Nevada, Page 74 (Chapter 58, AB 132)ê

 

      (a) Compensation of not more than $40 per day for attending each meeting of the board, not to exceed [eight] 12 meetings in any calendar year; and

      (b) His traveling and subsistence expenses as provided by law while attending meetings of the board.

      2.  Claims for compensation and expenses shall be approved by the superintendent of public instruction and the state board of examiners, and shall be paid from funds provided by direct legislative appropriation from the state general fund as other claims against the state are paid.

 

________

 

 

CHAPTER 59, AB 274

Assembly Bill No. 274–Committee on Ways and Means

CHAPTER 59

AN ACT relating to public purchasing generally; revising limitations on the purchase price of state automobiles; and providing other matters properly relating thereto.

 

[Approved March 13, 1979]

 

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

 

      Section 1.  NRS 334.010 is hereby amended to read as follows:

      334.010  1.  Except as otherwise provided in this subsection, and in subsections 2 and 3, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed [$5,000] $6,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in. The state board of examiners, however, may approve the purchase of an automobile costing more than [$5,000] $6,000 if the purpose of the automobile is to carry seven or more passengers or if it is a multipurpose automobile.

      2.  Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed [$9,000] $10,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.

      3.  Any automobile purchased for use as a highway patrol vehicle shall cost a sum of money not to exceed [$6,000] $8,000 as the entire purchase price thereof, whether to be paid for entirely in money or in part by exchange of another automobile traded in.

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

      5.  All such automobiles shall be used for official purposes only.

      6.  All such automobiles, except automobiles maintained for and used by the governor or by or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled by painting the words “State of Nevada” and “For Official Use Only” thereon in plain lettering.


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

ê1979 Statutes of Nevada, Page 75 (Chapter 59, AB 274)ê

 

the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled by painting the words “State of Nevada” and “For Official Use Only” thereon in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.

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

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

 

________

 

 

CHAPTER 60, SB 283

Senate Bill No. 283–Committee on Finance

CHAPTER 60

AN ACT making an appropriation from the state general fund to the legislative fund.

 

[Approved March 14, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $1,000,000.

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

 

________

 

 

CHAPTER 61, SB 35

Senate Bill No. 35–Committee on Finance

CHAPTER 61

AN ACT relating to the office of secretary of state; creating a revolving account for the refund of revenue; making an appropriation to that account; providing for the deposit of certain fees into the state general fund; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  Chapter 225 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec.2.  1.  There is hereby created a revolving account for the office of secretary of state in the sum of $1,500, which must be used for refunds of revenue and for no other purposes.

      2.  The secretary of state shall deposit the money in the revolving account in a bank qualified to receive deposits of public funds as provided by law and the deposit must be secured by a depository bond satisfactory to the state board of examiners.


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

ê1979 Statutes of Nevada, Page 76 (Chapter 61, SB 35)ê

 

account in a bank qualified to receive deposits of public funds as provided by law and the deposit must be secured by a depository bond satisfactory to the state board of examiners.

      3.  The secretary of state or his designee may sign all checks drawn upon the revolving account.

      4.  Payments made from the revolving account must be promptly reimbursed from the appropriate revenue in the state general fund collected by the secretary of state and the claim for reimbursement must be processed and paid as other claims against the state are paid.

      Sec.3.  Unless otherwise specifically provided by law, all fees collected by the secretary of state shall be deposited with the state treasurer for credit to the state general fund.

      Sec.4.  NRS 78.755 is hereby amended to read as follows:

      78.755  The secretary of state, for services [performed by him in matters] relating to his official duties and the records of his office, shall charge and collect the fees designated in NRS 78.760 to 78.785, inclusive. [, and shall pay the same into the state treasury for the use and benefit of the general fund.]

      Sec.5.  NRS 108.833 is hereby amended to read as follows:

      108.833  1.  The filing officer shall charge and collect one fee of $6 for each notice of federal tax lien filed and indexed. This charge shall include the subsequent recording of a certificate of discharge, nonattachment, release or subordination of such lien. The filing officer shall not charge any fee for recording the release of any federal tax lien which was filed prior to March 26, 1967.

      2.  Notwithstanding any other provision of law, a county recorder shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice, not oftener than semi-monthly, to the District Director of Internal Revenue for all fees accrued during the billing period, and shall pay over such fees to the county treasurer on or before the 5th day of the month following the month in which remittance of such fees is received from the District Director of Internal Revenue.

      3.  The secretary of state shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice monthly to the District Director of Internal Revenue for all fees accrued during the billing period. [, and shall pay over such fees to the state treasurer for deposit in the general fund.]

      Sec.6.  NRS 225.110 is hereby amended to read as follows:

      225.110  1.  The secretary of state is invested with all the duties, powers, purposes, responsibilities and jurisdiction of the photocopy room. He shall be responsible for its management and he shall administer all of its activities.

      2.  The secretary of state may have such technical and operational staff as the execution of the work in the photocopy room may require.

      3.  The secretary of state is authorized to collect such fees as may be provided by law for photocopies, microfilming and other work performed in the photocopy room. [, and such fees shall be deposited in the general fund.] He may accept contributions of photocopy paper, chemicals, microfilm and other supplies from other state departments and agencies and from the various political subdivisions and may charge a reasonable fee for services performed for such departments, agencies and subdivisions.


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

ê1979 Statutes of Nevada, Page 77 (Chapter 61, SB 35)ê

 

microfilm and other supplies from other state departments and agencies and from the various political subdivisions and may charge a reasonable fee for services performed for such departments, agencies and subdivisions.

      4.  Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the fund of the office of the secretary of state as other claims against the state are paid. All claims shall be approved by the secretary of state before they are paid.

      Sec.7.  NRS 225.140 is hereby amended to read as follows:

      225.140  1.  In addition to other fees authorized by law, the secretary of state, for services [performed by him in matters] relating to his official duties and the records of his office, shall charge and collect the following fees for the use of the state:

 

For a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, per folio...........................................       $0.25

For certifying to any such copy and use of the state seal, for each impression      5.00

For filing and recording trade-marks and names.....................................       25.00

For the delivery of a duly attested certificate of the record of filing any label, trade-mark or form of advertisement, as provided by NRS 600.010...............     5.00

For each passport or other document signed by the governor and attested by the secretary of state..............................................................................       10.00

For filing power of attorney.........................................................................       10.00

 

      2.  The secretary of state shall charge a reasonable fee for searching records and archives of the state and other records and documents kept in his office.

      3.  The secretary of state is required to collect the fees specified in this section in all cases, whether the services rendered are to a person, firm, corporation or association. [, and pay the same into the state treasury for the use and benefit of the general fund.]

      4.  The secretary of state shall neither charge nor collect any filing or other fees:

      (a) For services rendered by him to the State of Nevada or any county, city or town thereof, or any officer thereof in his official capacity or respecting his office or official duties.

      (b) For attesting extradition papers or executive warrants for other states.

      (c) For any other commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.

      Sec.8.  NRS 240.030 is hereby amended to read as follows:

      240.030  1.  Each notary public shall:

      (a) Before entering upon the duties of his office and at the time he receives his commission, pay to the secretary of state the sum of $25. [for the state general fund.]

      (b) Take the official oath as prescribed by law, which oath shall be endorsed on his commission.

      (c) Enter into a bond to the State of Nevada in the sum of $2,000, to be approved by the clerk of the county for which the notary public may be appointed.


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

ê1979 Statutes of Nevada, Page 78 (Chapter 61, SB 35)ê

 

to be approved by the clerk of the county for which the notary public may be appointed.

      2.  The bond, together with the oath of office, shall be filed and recorded in the office of the county clerk of the county.

      Sec.9.  NRS 240.180 is hereby amended to read as follows:

      240.180  Before any commission [shall be] is delivered to any appointee under the provisions of NRS 240.170 to 240.220, inclusive, a fee of $25 on the commission, exclusive of other legal charges thereon, shall be paid therefor to the secretary of state. [, and shall be accounted for by him and paid into the general fund of the State of Nevada.]

      Sec.10.  NRS 240.270 hereby amended to read as follows:

      240.270  1.  Each commissioned abstractor, before entering upon the acts authorized in NRS 240.240 to 240.330, inclusive, and at the time he receives his commission, shall:

      (a) Pay to the secretary of state the sum of $10. [for the general fund.]

      (b) Take the official oath as prescribed by law, which oath shall be endorsed on his commission.

      (c) Enter into a bond to the State of Nevada in the sum of $2,000, to be approved by the district judge of the county for which the commissioned abstracter may be appointed.

      2.  Each commissioned abstracter shall have his commission, together with the bond, recorded in the office of the clerk of the county for which he has been appointed.

      Sec. 11.  There is hereby appropriated from the state general fund to the revolving account created by section 2 of this act the sum of $1,500.

 

________

 

 

CHAPTER 62, SB 77

Senate Bill No. 77–Senators Glaser, Don Ashworth, Keith Ashworth, Blakemore, Close, Dodge, Echols, Faiss, Ford, Gibson, Hernstadt, Jacobsen, Kosinski, McCorkle, Neal, Raggio, Sloan, Wilson and Young

CHAPTER 62

AN ACT relating to the property tax; eliminating the tax on certain personal property through annual reductions; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec.2.  1.  This section applies to:

      (a) Personal property held for sale by a merchant;

      (b) Personal property held for sale by a manufacturer;

      (c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture; and

      (d) Livestock held for business purposes.


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

ê1979 Statutes of Nevada, Page 79 (Chapter 62, SB 77)ê

 

      2.  The personal property described in subsection 1 must be assessed as follows:

      (a) In the fiscal year 1979-80, at 28 percent of its full cash value;

      (b) In the fiscal year 1980-81, at 21 percent of its full cash value;

      (c) In the fiscal year 1981-82, at 14 percent of its full cash value; and

      (d) In the fiscal year 1982-83, at 7 percent of its full cash value.

      Sec.3.  The following personal property is exempt from taxation:

      1.  Personal property held for sale by a merchant;

      2.  Personal property held for sale by a manufacturer;

      3.  Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture; and

      4.  Livestock held for business purposes.

      Sec.4.  NRS 361.225 is hereby amended to read as follows:

      361.225  [All] Except as otherwise provided in section 2 of this act, all property subject to taxation [shall] must be assessed at 35 percent of its full cash value.

      Sec.5.  NRS 361.225 is hereby amended to read as follows:

      361.225  [Except as otherwise provided in section 2 of this act, all] All property subject to taxation must be assessed at 35 percent of its full cash value.

      Sec.6.  NRS 361.227 is hereby amended to read as follows:

      361.227  1.  Any person determining the full cash value of real property shall compute that value by using each of the following factors for which information is available and shall give such weight to each applicable factor as, in his judgment, is proper:

      (a) The estimate of the value of the vacant land, plus any improvements made and minus any depreciation computed according to the estimated life of the improvements.

      (b) The market value of the property, as evidenced by:

             (1) Comparable sales in the vicinity;

             (2) The price at which the property was sold to the present owner; and

             (3) The value of the property for the use to which it was actually put during the fiscal year of assessment.

      (c) The value of the property estimated by capitalization of the fair economic income expectancy.

      2.  The county assessor shall, upon request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.

      [3.  In determining the full cash value of a merchant’s or dealer’s stock in trade, the county assessor shall use the average value over the 12 months immediately preceding the date of assessment. For this purpose, the county assessor may require from the merchant or dealer a verified report of the value of his stock in trade at any time or reasonable number of times during the year.]

      Sec.7.  NRS 361.247 is hereby amended to read as follows:

      361.247  1.  Between July 1 and July 15 of each year, each owner of taxable livestock shall file with the county assessor of the county in which his principal place of livestock business is located the statement required by NRS 361.265. In the statement, the owner shall declare:


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

ê1979 Statutes of Nevada, Page 80 (Chapter 62, SB 77)ê

 

      (a) The number, kind and classification of all taxable livestock in the State of Nevada owned by him on the date of the statement.

      (b) His plan of livestock operation during the current fiscal year, including the number, kind and classification of taxable livestock he plans to own from time to time during the fiscal year and their anticipated location in the State of Nevada during the fiscal year.

      2.  The county assessor with whom the statement is filed shall deliver to the county assessor of each county in which the owner declares that any of his taxable livestock will be located during the fiscal year a certified copy of the statement.

      3.  The taxable livestock which the owner declares will be located in a particular county [shall] must be assessed by the county assessor of such county on a pro rata basis for each month or major portion thereof during which the owner anticipates the livestock will be located in such county. No county assessor [shall] may assess livestock at a value greater than the portion of the total assessed value for the current fiscal year attributable to the number of months the livestock will be located in his county.

      4.  In the statement required by subsection 1, the owner shall also declare the actual number, kind and classification of taxable livestock he owned from time to time during the preceding fiscal year and their actual location in the State of Nevada during such fiscal year. If the actual number is less than the number declared in the statement filed by the owner for the preceding fiscal year, the excess of taxes paid by the owner [shall] must be credited to the owner against his tax for the then current fiscal year. If the actual number is greater than the number declared in the statement filed for the preceding fiscal year, the owner shall pay, upon demand by the county assessor, the additional tax due. The amount of such additional tax [shall be] is determined by applying the same tax rate which was applied in determining the amount of tax on the taxable livestock estimated by the owner, and the additional tax collected [shall] must be distributed among the taxing entities in the same manner as the taxes collected pursuant to the underestimate of the owner.

      5.  Nothing in this section [shall be constructed to limit] limits the right of any county assessor to verify the number of taxable livestock of any owner by any reasonable means, including actual count at any reasonable time.

      Sec.8.  NRS 361.260 is hereby amended to read as follows:

      361.260  1.  Between July 1 and December 15 in each year, the county assessor, except when otherwise required by special enactment, shall ascertain by diligent inquiry and examination all real and personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the [same.] property. He shall then determine the full cash value of all such property and he shall then list and assess [the same at 35 percent of its full cash value] it to the person, firm, corporation, association or company owning it.

      2.  In arriving at the value of all public utilities of an intracounty nature, the intangible or franchise element [shall] must be considered as an addition to the physical value and a portion of the full cash value.

      3.  In addition to the inquiry and examination required in subsection 1, the county assessor shall appraise property using standards approved by the department and reappraise all property at least once every 5 years thereafter using the same standards.


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

ê1979 Statutes of Nevada, Page 81 (Chapter 62, SB 77)ê

 

1, the county assessor shall appraise property using standards approved by the department and reappraise all property at least once every 5 years thereafter using the same standards. Such appraisals and reappraisals at 5-year intervals [shall] must be accepted as the examination required under subsection 1, for the intervening 4 years.

      Sec.9.  NRS 361.310 is hereby amended to read as follows:

      361.310  1.  On or before January 1 of each year, the county assessor of each of the several counties shall complete his tax list or assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the [same] property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at [35 percent of its full cash value.] the rate provided by law. A copy of such affidavit [shall] must be filed immediately by the assessor with the department. The failure to take or subscribe to such affidavit [shall] does not in any manner affect the validity of any assessment contained in the assessment roll.

      2.  The county assessor may close his roll as to changes in ownership of property on December 1 of each year or on any other date which may be approved by the board of county commissioners.

      Sec.10.  NRS 361.333 is hereby amended to read as follows:

      361.333  1.  Not later than May 1 of each year, the department shall:

      (a) Determine the ratio of the assessed value of each type or class of property for which the county assessor has the responsibility of assessing in each county to:

             (1) The assessed value of comparable property in the remaining counties.

             (2) The full cash value of such type or class of property within that county.

      (b) Publish and certify to the county assessors and the boards of county commissioners of the counties of this state:

             (1) The average ratio of assessed valuation to the full cash value of property in each county and the state.

             (2) The adjusted average ratio of assessed valuation to the full cash value of property in each county.

The department may take into account the interval between the current determination and the last assessment of property by the county assessor, and it may appropriately discount or otherwise adjust the full cash valuation determined by it or take any other appropriate action.

      2.  The ratio study [shall] must be conducted on nine counties in one year and eight counties in the next year with the same combination of counties being tested in alternate years.

      3.  The formulas and standard procedures used by the department in conducting the ratio study [shall] must include a random sampling of property and sales and the use of the mean, median, standard deviation and any other statistical criteria that will indicate an accurate ratio of full cash value to assessed value and an accurate measure of assessment equality. The formulas and standard procedures [shall become] are the mandatory formulas and procedures to be used by the county assessors.


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

ê1979 Statutes of Nevada, Page 82 (Chapter 62, SB 77)ê

 

      4.  During the month of May of each year, the Nevada tax commission shall meet with the board of county commissioners and the county assessor of each county. The board of county commissioners and the county assessor shall:

      (a) Present evidence to the Nevada tax commission of the steps taken to insure that all property subject to taxation within the county has been assessed [at 35 percent of its full cash value] as required by law.

      (b) Demonstrate to the Nevada tax commission that any adjustments in assessments ordered in the preceding year as a result of the appraisal procedure provided in paragraph (c) of subsection 5 have been complied with.

      5.  At the conclusion of each meeting with the board of county commissioners and the county assessor, the Nevada tax commission shall:

      (a) If it finds that all property subject to taxation within the county has been assessed at [35 percent of its full cash value,] the proper percentage, take no further action.

      (b) If it finds that any class of property, as designated in the segregation of the tax roll filed with the secretary of the state board of equalization pursuant to NRS 361.390, is assessed at less or more than [35 percent of its full cash value,] the proper percentage, and if the board of county commissioners approves, order a specified percentage increase or decrease in the assessed valuation of such class on the succeeding tax list and assessment roll.

      (c) If it finds the existence of underassessment or overassessment wherein the ratio of assessed value to full cash value is less than 30 percent or more than 37 1/2 percent within each of the several classes of property of the county [,] which are required by law to be assessed at 35 percent of their full cash value, or if the board of county commissioners does not agree to an increase or decrease in assessed value as provided in paragraph (b), order the board of county commissioners to employ forthwith one or more qualified appraisers approved by the department. The payment of such appraisers’ fees [shall be] is a proper charge against the funds of the county notwithstanding that the amount of such fees has not been budgeted in accordance with law. The appraisers shall determine whether or not the county assessor has assessed all real and personal property in the county subject to taxation at [35 percent of its full cash value as] the rate of assessment required by law. The appraisers may cooperate with the department in making their determination if so agreed by the appraisers and the department, and shall cooperate with the department in preparing a report to the Nevada tax commission. The report to the Nevada tax commission [shall] must be made on or before October 1 following the date of the order. If the report indicates that any real or personal property in the county subject to taxation has not been assessed at [35 percent of its full cash value,] the rate required by law, a copy of the report [shall] must be transmitted to the board of county commissioners by the department [prior to] before November 1. The board of county commissioners shall then order the county assessor to raise or lower the assessment of such property to [35 percent of its full cash value] the rate required by law on the succeeding tax list and assessment roll.


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

ê1979 Statutes of Nevada, Page 83 (Chapter 62, SB 77)ê

 

      6.  The Nevada tax commission may [promulgate] adopt regulations reasonably necessary to carry out the provisions of this section.

      7.  Any county assessor who refuses to increase or decrease the assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.

      Sec.11.  1.  Sections 3, 5 and 6 of this act shall become effective on July 1, 1983.

      2.  The remaining sections of this act shall become effective on July 1, 1979.

      3.  Section 2 of this act shall expire by limitation on July 1, 1983.

 

________

 

 

CHAPTER 63, SB 179

Senate Bill No. 179–Senator Jacobsen

CHAPTER 63

AN ACT relating to the state forester firewarden; authorizing him to provide meals to certain employees fighting fires under specified circumstances; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  Chapter 472 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The state forester firewarden may provide meals to employees of the division of forestry of the state department of conservation and natural resources who are involved in emergency fire fighting if he determines that it is impractical for the employees to eat at home because of their duties in that emergency.

 

________

 

 

CHAPTER 64, SB 193

Senate Bill No. 193–Committee on Judiciary

CHAPTER 64

AN ACT relating to greyhound racing; resolving a conflict concerning the authority of political subdivisions to regulate greyhound racing; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  NRS 244.347 is hereby amended to read as follows:

      244.347  1.  The county license board of a county having a population of less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may license [and regulate] greyhound racing in the county outside of an incorporated city or incorporated town.


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

ê1979 Statutes of Nevada, Page 84 (Chapter 64, SB 193)ê

 

census of the Bureau of the Census of the United States Department of Commerce, may license [and regulate] greyhound racing in the county outside of an incorporated city or incorporated town.

      2.  An application for licensing under this section [shall] must not be considered unless the applicant has first been approved for licensing by the Nevada racing commission. Each member of the firm, partnership, association or corporation receiving such license [shall be] must have been approved by the county license board before such license is issued. Not more than one such license [shall] may be issued and it [shall not be] is not transferable.

      3.  Such racing is subject to the control of the Nevada racing commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.

      Sec. 2.  NRS 466.210 is hereby amended to read as follows:

      466.210  1.  The provisions of this chapter are intended to be statewide and exclusive in their effect, and no city, county or other political subdivision of this state [shall have the authority or power to] may, except as provided in NRS 244.347 or subsection 2 of this section, make or enforce any local law, ordinance or regulation upon the subject of racing.

      2.  A county or a city may prohibit greyhound racing outside or inside the corporate limits respectively. A city whose charter so provides may permit greyhound racing.

      Sec. 3.  Section 2.330 of the charter of the City of Henderson, as added by chapter 366, Statutes of Nevada 1973, and amended by chapter 294, Statutes of Nevada 1975, at page 397, is hereby amended to read as follows:

 

       Sec. 2.330  Powers of city council: Dog racing; licensing and regulation.

       1.  The city council may license [and regulate] greyhound racing within the city.

       2.  An application for licensing under this section shall not be considered unless the applicant has first been approved for licensing by the Nevada racing commission. Each member of the firm, partnership, association or corporation receiving such license shall be approved by the city council before such license is issued. Not more than one such license [shall] may be issued and it [shall not be] is not transferable.

       3.  Such racing is subject to the control of the Nevada racing commission. Pari-mutuel wagering may be permitted at the track where such racing occurs.

 

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 85ê

 

CHAPTER 65, AB 139

Assembly Bill No. 139–Assemblyman Dini

CHAPTER 65

AN ACT relating to the inspector of mines; authorizing him to accept and administer certain money; providing for certain notification of mine operators; removing obsolete references; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  NRS 512.131 is hereby amended to read as follows:

      512.131  1.  The inspector of mines [shall:

      (a) Adopt, modify, amend or repeal regulations formulated and proposed by the mining safety advisory board as] may adopt any regulations for mine health and safety he deems necessary and which are consistent with the Federal [Metal and Nonmetallic] Mine Safety and Health Act (30 U.S.C. [§§ 721-740),] § 801 et seq.), as amended.

      [(b) Adopt all mandatory federal health and safety standards promulgated by the Secretary of the Interior pursuant to the provisions of the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740), as amended.]

      2.  The inspector of mines shall forward a copy of every regulation [or standard] adopted under this section to the operator of each mine and to the representative of the workers, if any, at [such] the mine. Failure to receive a copy of [such regulation or standard shall] the regulation does not relieve anyone of the obligation to comply with [such regulations or standards.] it.

      Sec. 2.  NRS 512.151 is hereby amended to read as follows:

      512.151  1.  The inspector of mines shall:

      [1.](a) Develop and conduct programs for the education and training of operators and workers in the recognition, avoidance and prevention of accidents or unsafe or unhealthful working conditions in mines which are subject to the provisions of this chapter; and

      [2.](b) To the greatest extent possible, provide technical assistance to operators in meeting the requirements of this chapter and in further improving the health and safety conditions and practices in mines which are subject to the provisions of this chapter.

      [3.](c) Collect information and statistics relative to mines, mining and the minerals industry of the state.

      2.  The inspector of mines may accept and administer grants and other money received from any private or public source, including the Federal Government, for the purposes of administering the provisions of this chapter.

      Sec. 3.  NRS 512.160 is hereby amended to read as follows:

      512.160  1.  Operators shall maintain records and reports and shall submit, at least annually and at such other times as the inspector of mines deems necessary, and in [such form as he may prescribe,] the form he prescribes, reports of production, employment, mine activity and status, accidents, bodily injuries, loss of life, occupational illnesses and related data.


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

ê1979 Statutes of Nevada, Page 86 (Chapter 65, AB 139)ê

 

      2.  The inspector of mines shall compile, keep and analyze and may publish, either in summary or detailed form, the information obtained pursuant to the provisions of subsection 1.

      3.  Operators shall notify the inspector of mines before opening and upon closing mine operations. The notice must include the name and location of the mine, the name and address of the operator, the name of the person in charge of the operation, a statement of whether the operation will be continuous or intermittent, and upon closing, a statement of whether the closing is temporary or permanent.

      Sec. 4.  NRS 512.195 is hereby amended to read as follows:

      512.195  1.  Notices and orders issued pursuant to this chapter:

      (a) [Shall] Must contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of any health or safety regulation or standard and, where appropriate, a description of the area of the mine from which persons, equipment, machinery or apparatus must be withdrawn and prohibited from entering, and a description of the equipment, machinery or apparatus prohibited from being used or operated.

      (b) [Shall] Must be in writing and signed by the inspector of mines and given promptly to the operator of the affected mine.

      (c) May be modified, vacated or terminated by the inspector of mines.

      2.  The inspector of mines shall furnish immediately a copy of any notice or order issued pursuant to this chapter to the operator and to a representative of the workers, if any, at the affected mine.

      3.  If an order is issued pursuant to subsection 1 of NRS 512.190 and the [Mining Enforcement and] Mine Safety and Health Administration of the United States Department of [the Interior] Labor did not participate in the inspection on which [such] that order is based, the inspector of mines shall notify the [Mining Enforcement and] Mine Safety and Health Administration of the United States Department of [the Interior that such] Labor that the order has been issued.

 

________

 

 

CHAPTER 66, AB 207

Assembly Bill No. 207–Committee on Judiciary

CHAPTER 66

AN ACT relating to annuity contracts; resolving conflict concerning certain operative dates; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  NRS 688A.361 is hereby amended to read as follows:

      688A.361  No contract of annuity [issued on or after July 1, 1977,] may be delivered or issued for delivery in this state unless it contains in substance the following provisions, or corresponding provisions which in the opinion of the commissioner are at least favorable to the contract holder:

      1.  A statement that upon cessation of payment of considerations under a contract, the company will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in NRS 688A.3631 to 688A.3637, inclusive, and 688A.366 [.]


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

ê1979 Statutes of Nevada, Page 87 (Chapter 66, AB 207)ê

 

a plan stipulated in the contract of such value as is specified in NRS 688A.3631 to 688A.3637, inclusive, and 688A.366 [.] ;

      2.  If a contract provides for a lump-sum settlement at maturity or any other time, a statement that upon surrender of the contract at or before the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash surrender benefit of an amount specified in NRS 688A.3631, 688A.3633, 688A.3637 and 688A.366, and that the company reserves the right to defer the payment of such cash surrender benefit for a period of 6 months after demand therefor with surrender of the contract [.] ;

      3.  A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits which are guaranteed under the contract, together with sufficient information to determine the amounts of those benefits [.] ; and

      4.  A statement that any paid-up annuity, cash surrender or death benefits which may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract or any prior withdrawals from or partial surrenders of the contract,

except that any deferred annuity contract may provide that if no considerations have been received under a contract for a period of 2 full years, and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid before that period which would be less than $20 monthly, the company may terminate the contract by payment in cash of the then-present value of such portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under the contract.

      Sec. 2.  NRS 688A.368 is hereby repealed.

      Sec. 3.  The presence of the date in NRS 688A.361 did not invalidate the right of election granted under NRS 688A.368.

 

________

 

 

CHAPTER 67, AB 215

Assembly Bill No. 215–Committee on Judiciary

CHAPTER 67

AN ACT relating to dental examiners; reconciling the number of members appointed to the board of dental examiners of Nevada; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  NRS 631.140 is hereby amended to read as follows:

      631.140  Three of the members of the board shall be from Washoe County. Three of the members of the board shall be from Clark County.


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

ê1979 Statutes of Nevada, Page 88 (Chapter 67, AB 215)ê

 

[Three] Two of the members of the board shall be from the state at large, including Washoe County and Clark County.

 

________

 

 

CHAPTER 68, AB 247

Assembly Bill No. 247–Committee on Government Affairs

CHAPTER 68

AN ACT relating to the local government purchasing act; enabling local governments to purchase motor vehicle fuel to sell to nonprofit organizations which provide transportation specially for the elderly or handicapped; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  Chapter 332 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A governing body may purchase motor vehicle fuel to sell to any public agency or organization which is supported by tax money, and to any private agency or organization which is incorporated as a nonprofit corporation pursuant to chapter 81 of NRS, to use in specially providing transportation to the elderly or handicapped.

      2.  The governing body shall establish regulations for determining the eligibility of applicants for fuel pursuant to this section.

 

________

 

 

CHAPTER 69, AB 283

Assembly Bill No. 283–Committee on Transportation

CHAPTER 69

AN ACT relating to motor vehicles; requiring persons operating vehicles required to be registered in this state to provide security; providing a penalty; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  NRS 484.263 is hereby amended to read as follows:

      484.263  1.  It is unlawful for any person to operate a motor vehicle registered or required to be registered in this state without having security covering the vehicle as required by chapter 698 of NRS.

      2.  Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 89ê

 

CHAPTER 70, AB 284

Assembly Bill No. 284–Committee on Transportation

CHAPTER 70

AN ACT relating to vehicles; extending the optional registration of motortrucks by anniversary; clarifying the meaning of “fee” for a certificate of title; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as provided in subsection 3, every passenger car, travel trailer and motorcycle, and every trailer or semitrailer having an [unladened] unladen weight of 3,500 pounds or less, except a converter dolly, [shall,] must, and every motortruck [having an unladened weight of 5,000 or less pounds] except one which is registered pursuant to NRS 706.801 to 706.861, inclusive, may, be registered for a period of 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.

      2.  Every [other] vehicle [shall] not registered pursuant to subsection 1 must be registered on a calendar year basis.

      3.  Upon the application of the owner of a fleet of vehicles of a type referred to in subsection 1, the director may permit such an owner to register [such] his fleet on a calendar year basis.

      4.  When the registration of any of the vehicles referred to in subsection 1 is transferred pursuant to NRS 482.3667 or 482.399, the expiration date of a regular license plate or plates, special license plate or plates or substitute decal [shall,] must, at the time of transfer of registration, be [updated] advanced for a period of 12 consecutive months beginning the first day of the month after the transfer, and a credit on the portion of the registration fee and privilege tax attributable to the remainder of the current registration period [shall be] allowed according to the applicable provisions of NRS 482.3667 and 482.399.

      Sec. 2.  NRS 482.429 is hereby amended to read as follows:

      482.429  For its services under [NRS 482.427 or 482.428,] this chapter, the department shall charge and collect a [single] fee of $2 [from the owner.] for each certificate of title issued.

 

________

 

 

CHAPTER 71, AB 288

Assembly Bill No. 288–Committee on Government Affairs

CHAPTER 71

AN ACT relating to cities incorporated under general law and to the City of Yerington; changing requirement for publishing ordinances; and providing other matters properly relating thereto.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  NRS 266.115 is hereby amended to read as follows:

      266.115  1.  The style of ordinances shall be as follows: “The City Council of the City of ......................... do ordain.” All proposed ordinances, when first proposed, [shall] must be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance [shall] must be filed with the city clerk for public examination.


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

ê1979 Statutes of Nevada, Page 90 (Chapter 71, AB 288)ê

 

ordinances, when first proposed, [shall] must be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance [shall] must be filed with the city clerk for public examination. Notice of [such filing shall] the filing, together with an adequate summary of the ordinance, must be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week [prior to] before the adoption of the ordinance. The city council shall adopt or reject the ordinance, or the ordinance amended, within 30 days [from] after the date of [such] publication, except that in cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose.

      2.  At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the council, and thereafter it [shall] must be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action [thereon] on it postponed.

      3.  After final adoption the ordinance [shall] must be signed by the mayor, and, together with the votes cast [thereon,] on it, shall be: [published]

      (a) Published by title, together with an adequate summary including any amendments, once in a newspaper published in the city, if any there be, otherwise in [some] a newspaper published in the county and having a general circulation in the city [.] ; and

      (b) Posted in full in the city hall. [Twenty days after such publication the same shall]

The ordinance must go into effect [,] 20 days after its publication, except emergency ordinances which may be effective immediately.

      Sec. 2.  Section 2.100 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 905, is hereby amended to read as follows:

 

       Sec. 2.100  Ordinances: Enactment procedure; emergency ordinances.

       1.  All proposed ordinances when first proposed [shall] must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance [shall] must be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of such filing [shall] , together with an adequate summary of the ordinance, must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week prior to the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.

       2.  At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, [such] the committee shall report [such] the ordinance back to the city council.


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

ê1979 Statutes of Nevada, Page 91 (Chapter 71, AB 288)ê

 

back to the city council. Thereafter, it [shall] must be read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action [thereon] on it postponed.

       3.  In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. The determination of the city council that an emergency exists [shall be] is conclusive upon all persons, and the city council [shall not be] is not required to set forth the nature of the emergency in any ordinance adopted as an emergency ordinance, in the minutes of the city council or otherwise.

       4.  All ordinances [shall] must be signed by the mayor, attested by the city clerk, and [shall] must be published [in full,] by title, together with the names of the councilmen voting for or against passage [,] and an adequate summary of the ordinance including any amendments, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance [shall become] becomes effective.

       5.  The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.

 

________

 

 

CHAPTER 72, AB 374

Assembly Bill No. 374–Assemblymen Mello, May and Dini

CHAPTER 72

AN ACT to amend an act entitled “An Act relating to the settlement of intergovernmental payments; requiring the state controller and the board of county commissioners of certain counties to make an agreement for such transfers; requiring the state controller and the board of county commissioners to prepare a report for the legislative commission evaluating any savings realized by using such transfers; and providing other matters properly relating thereto,” approved April 19, 1977.

 

[Approved March 17, 1979]

 

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

 

      Section 1.  Sections 2 and 3 of the above-entitled act, being chapter 207, Statutes of Nevada 1977, at page 387, are hereby amended to read as follows:

      Sec. 2.  On or before October 1, [1978,] 1980, the state controller and the board of county commissioners shall prepare and present to the legislative commission a report containing an evaluation of any savings effected by the method or methods of transfer used pursuant to section 1 of this act as compared to the method or methods required by other laws and including any recommendations for appropriate legislation.


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

ê1979 Statutes of Nevada, Page 92 (Chapter 72, AB 374)ê

 

laws and including any recommendations for appropriate legislation. The report shall include a statement by the legislative auditor concerning the evaluation contained in the report.

      Sec. 3.  This act and any agreement entered into by a board of county commissioners and the state controller pursuant to section 1 of this act shall expire by limitation on June 30, [1979.] 1981.

 

________

 

 

CHAPTER 73, AB 194

Assembly Bill No. 194–Assemblymen Bennett and Chaney

CHAPTER 73

AN ACT relating to barbers and barbering; raising the limit on the salary of the secretary-treasurer of the state barbers’ health and sanitation board; increasing certain fees; changing provisions relating to the discipline of barbers; and providing other matters properly relating thereto.

 

[Approved March 20, 1979]

 

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

 

      Section 1.  NRS 643.030 is hereby amended to read as follows:

      643.030  1.  The board shall elect a president. No person [shall] may serve as president for more than 4 consecutive years.

      2.  The board shall elect a vice president.

      3.  The board shall elect a secretary-treasurer, who may or may not be a member of the board. The board shall fix the salary of the secretary-treasurer, which shall not exceed the sum of [$1,200] $2,400 per year.

      4.  Each officer and member of the board [shall be] is entitled to receive:

      (a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.

      5.  The secretary-treasurer shall:

      (a) Keep a record of all proceedings of the board.

      (b) Give to the state a bond in the sum of $2,000, with sufficient sureties, for the faithful performance of his duties. The bond shall be approved by the board.

      Sec. 2.  NRS 643.140 is hereby amended to read as follows:

      643.140  1.  Every registered barber and every registered apprentice who continues in active practice or service shall annually, on or before April 1 of each year, renew his certificate of registration and pay the required fee. [, and shall file a certificate in the manner provided in subsection 5 of NRS 643.090, certifying that he is free from tuberculosis and other communicable diseases.] The board shall fix the annual renewal license fee, which shall not be more than [$10.] $20. Every certificate of registration which has not been renewed during the month of April in any year [shall expire] expires on May 1 in that year.


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

ê1979 Statutes of Nevada, Page 93 (Chapter 73, AB 194)ê

 

      2.  A registered barber or a registered apprentice whose certificate of registration has expired may have his certificate restored immediately upon payment of the required restoration fee at any time within 2 years after the expiration of his certificate of registration. The board shall fix the restoration fee, which shall not be more than [$20.] $40.

      Sec. 3.  NRS 643.160 is hereby amended to read as follows:

      643.160  The board may either refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:

      1.  Conviction of a felony.

      2.  Malpractice or incompetency.

      3.  Continued practice by a person knowingly having an infectious or contagious or communicable disease.

      4.  Advertising, practicing or attempting to practice under another’s name or another’s trade name.

      5.  Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.

      6.  Violation of any of the provisions of [NRS 643.200] this chapter or any of the [sanitary regulations of this chapter or those promulgated by the board.] regulations adopted by the board.

      Sec. 4.  NRS 643.1714 is hereby amended to read as follows:

      643.1714  1.  The fee for an inspection [, a license and the renewal of any license shall not exceed $5.] is $25. The fee for a license to operate a barbershop or for the renewal of the license shall not exceed $15.

      2.  Each license to operate a barbershop shall be renewed annually. Each such license which has not been renewed in April of any year expires on May 1 of that year. An expired license may be [reinstated] restored upon payment of: [a fee of $5.]

      (a) The license fee; and

      (b) A restoration fee which shall not exceed $30.

      Sec. 5.  NRS 643.1717 is hereby amended to read as follows:

      643.1717  1.  The board may immediately suspend a license to operate a barbershop for violation of any of the applicable provisions of this chapter [,] or regulations adopted by the board until the violation is cured.

      2.  The board may suspend or revoke a license to operate a barbershop [after such license has been suspended three times] for a violation of the provisions of this chapter or any regulation adopted by the board if the board first gives the licensee 20 days’ written notice of the proposed suspension or revocation and affords [such] the licensee a proper hearing.

      3.  [Whenever] When a license to operate a barbershop has been suspended or revoked for a violation of the [sanitary] provisions of this chapter or the sanitary requirements of the board, the board shall post a notice on the shop stating the fact of suspension or revocation and the reason therefor.

      Sec. 6.  This section and sections 1, 2 and 4 of this act shall become effective upon passage and approval.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 94ê

 

CHAPTER 74, AB 280

Assembly Bill No. 280–Committee on Transportation

CHAPTER 74

AN ACT relating to drivers’ licenses; clarifying a provision which requires the signature of a responsible person on a minor’s application; and providing other matters properly relating thereto.

 

[Approved March 21, 1979]

 

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

 

      Section 1.  NRS 483.300 is hereby amended to read as follows:

      483.300  1.  The application of any person under the age of 18 years for an instruction permit or driver’s license [shall] must be signed and verified, before a person authorized to administer oaths: [, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or in the event neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or in the event there is no guardian or employer, then]

      (a) By the applicant’s parent who has custody of him or by either parent if both have custody of him;

      (b) If neither parent has custody of him or if neither parent is living, by the person who has custody of him;

      (c) If neither parent has custody of him or if neither is living and he has no custodian, by his employer; or

      (d) If neither parent has custody of him or if neither is living and he has no custodian or employer, by any responsible person who is willing to assume the obligation imposed under NRS 483.010 to 483.630, inclusive, upon a person signing the application of a minor.

      2.  Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.

 

________

 

 

CHAPTER 75, AB 282

Assembly Bill No. 282–Committee on Transportation

CHAPTER 75

AN ACT relating to license plates for vehicles; providing a new registration code for license plates; and providing other matters properly relating thereto.

 

[Approved March 21, 1979]

 

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

 

      Section 1.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may [, in his discretion,] substitute white in place of silver when no suitable material is available.


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

ê1979 Statutes of Nevada, Page 95 (Chapter 75, AB 282)ê

 

director may [, in his discretion,] substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates [shall be] are made, but each license plate [shall] must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates [shall] must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, [shall] must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate [shall] must have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and:

      (a) If issued for a calendar year, such year.

      (b) If issued for a registration period other than a calendar year, the month and year such registration expires.

      4.  The registration numbers assigned to passenger cars [shall] must be coded for Carson City and the several counties [and consecutively numbered. The code letters shall be at the left of the number plate,] as follows:

 

Carson City, OR or ORA to ORZ, inclusive, and when exhausted OAA to OZZ, inclusive;

Churchill, CH or CHA to CHZ, inclusive, and when exhausted FAA to FZZ, inclusive;

Clark, C or CA to CZ, inclusive, or CAA to CZZ, inclusive, and when exhausted TAA to TZZ, inclusive;

Douglas, DS or DSA to DSZ, inclusive, and when exhausted DAA to DZZ, inclusive;

Elko, EL or ELA to ELZ, inclusive, and when exhausted EAA to EZZ, inclusive, except the respective series ESA to ESZ and EUA to EUZ;

Esmeralda, ES or ESA to ESZ, inclusive;

Eureka, EU or EUA to EUZ, inclusive;

Humboldt, HU or HUA to HUZ, inclusive;

Lander, LA or LAA to LAZ, inclusive;

Lincoln, LN or LNA to LNZ, inclusive;

Lyon, LY or LYA to LYZ, inclusive, and when exhausted LBB to LZZ, inclusive;

Mineral, MN or MNA to MNZ, inclusive, and when exhausted MAA to MZZ, inclusive;

Nye, NY or NYA to NYZ, inclusive, and when exhausted NAA to NZZ, inclusive;

Pershing, PE or PEA to PEZ, inclusive, and when exhausted PAA to PZZ, inclusive;

Storey, ST or STA to STZ, inclusive,

Washoe, W or WAA to WZZ, inclusive, except WPA to WPZ, inclusive, and when exhausted KAA to KZZ, inclusive; and

White Pine, WP or WPA to WPZ, inclusive, and when exhausted ZAA to ZZZ, inclusive.


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

ê1979 Statutes of Nevada, Page 96 (Chapter 75, AB 282)ê

 

Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles and motorcycles, as may be determined; but the letters I and Q [shall] must not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, [shall] must be used for Carson City and each county as the need may be.

      5.  The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.

      6.  No number plates may contain more than six letters and numbers in combination.

      7.  The department shall determine the position and order of the letters and numbers on the license plates for distribution in the state.

      8.  All letters and numbers [shall] must be of the same size.

      [8.  The director may omit letters added to a single- or double- letter county code when appropriate to avoid misleading or offensive combinations.]

      Sec. 2.  NRS 482.273 is hereby amended to read as follows:

      482.273  1.  The director shall order the preparation of vehicle license plates for trucks in the same manner as provided for [passenger cars] motor vehicles in NRS 482.270.

      2.  The registration numbers assigned to trucks, after January 1, 1970, [shall] must be coded for Carson City and the several counties. [and consecutively numbered.] The code letters and numbers assigned [shall] must be as follows:

 

Carson City, OA0001 to OZ9999, inclusive;

Churchill, AA0001 to AZ9999, inclusive;

Clark, BA0001 to BZ9999, inclusive, and when exhausted YA0001 to [YZ0001,] YZ9999, inclusive;

Douglas, DA0001 to DZ9999, inclusive, except DS001 to DS9999, inclusive;

Elko, EA0001 to EZ9999, inclusive, except EL0001 to EL9999, inclusive;

Esmeralda, FA0001 to FZ9999, inclusive;

Eureka, GA0001 to GZ9999, inclusive;

Humboldt, HA0001 to HZ9999, inclusive, except HU0001 to HU9999, inclusive;

Lander, JA0001 to JZ9999, inclusive;

Lincoln, KA0001 to KZ9999, inclusive;

Lyon, LB0001 to LZ9999, inclusive;

Mineral, MA0001 to MZ9999, inclusive, except MN0001 to MN9999, inclusive;

Nye, NA0001 to NZ9999, inclusive, except NY0001 to NY9999, inclusive;

Pershing, PA0001 to PZ9999, inclusive, except PE0001 to PE9999, inclusive;

Storey, SA0001 to SZ9999, inclusive;

Washoe, WA0001 to WZ9999, inclusive, XA0001 to XZ9999, inclusive, except XO0001 to [XO09999,] XO9999, inclusive; and

White Pine, ZA0001 to ZZ9999, inclusive.


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

ê1979 Statutes of Nevada, Page 97 (Chapter 75, AB 282)ê

 

      3.  Any license plates issued for a truck prior to July 1, 1971, bearing a different designation than that provided for in this section, are valid during the period for which such plates, including extensions by sticker, by replacement, or both, were issued.

      Sec. 3.  NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The director shall order the preparation of vehicle license plates for trailers in the same manner provided for [passenger cars] motor vehicles in NRS 482.270.

      2.  The registration numbers assigned to trailers, on or after July 1, 1975, [shall be comprised] must consist of one letter and five numbers. The position of the letter and numbers [shall] must be established for statewide use by the department.

      3.  Any license plates issued for a trailer [prior to] before July 1, 1975, bearing a different designation from that provided for in this section, [shall be] are valid during the period for which such plates were issued.

      Sec. 4.  The director of the department of motor vehicles may recall any prestige plates which conflict with new codes and issue, free of charge, new prestige plates with different letters or numbers.

      Sec. 5.  The director of the department of motor vehicles shall order the preparation of license plates manufactured after the effective date of this section in accordance with the registration code provided for by this act.

      Sec. 6.  1.  Section 5 of this act and this section shall become effective upon passage and approval.

      2.  The remaining sections of this act shall become effective on January 1, 1980.

 

________

 

 

CHAPTER 76, SB 141

Senate Bill No. 141–Committee on Human Resources and Facilities

CHAPTER 76

AN ACT relating to meetings of state and local agencies; requiring that persons responsible for such meetings make reasonable efforts to accommodate physically handicapped persons; and providing other matters properly relating thereto.

 

[Approved March 21, 1979]

 

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

 

      Section 1.  NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise specifically provided by statute, all meetings of public bodies shall be open and public, and all persons shall be permitted to attend any meeting of these bodies. Public officers and employees responsible for these meetings must make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.

      2.  Except in an emergency, written notice of all meetings shall be given at least 3 working days before the meeting.


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

ê1979 Statutes of Nevada, Page 98 (Chapter 76, SB 141)ê

 

given at least 3 working days before the meeting. The notice shall include the time, place, location and agenda of the meeting.

      3.  Minimum public notice is:

      (a) A copy of the notice posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at least three other separate, prominent places within the jurisdiction of the public body; and

      (b) Mailing a copy of the notice to any person who has requested notice of the meetings of the body in the same manner in which notice is required to be mailed to a member of the body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with or notation upon the first notice sent.

      4.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

 

________

 

 

CHAPTER 77, SB 168

Senate Bill No. 168–Committee on Government Affairs

CHAPTER 77

AN ACT relating to governmental surplus property; broadening the provisions for the purchase of that property among governmental entities; and providing other matters properly relating thereto.

 

[Approved March 21, 1979]

 

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

 

      Section 1.  NRS 334.030 is hereby amended to read as follows:

      334.030  1.  The purpose of this section is to permit [state and local governmental units] any governmental entity to take full advantage of the available [federal] surplus properties [.] of any other governmental entity.

      2.  [The state, or any department, division, bureau, commission, board, authority, agency or political subdivision thereof,] Any governmental entity may enter into any contract with [the United States of America or with any agency thereof] any other governmental entity for the purchase of any equipment, supplies, materials or other property, real or personal, without regard to provisions of law which require:

      (a) The posting of notices or public advertising for bids or of expenditures.

      (b) The inviting or receiving of competitive bids.

      (c) The delivery of purchases before payment, and without regard to any provision of law which would, if observed, defeat the purpose of this section.


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

ê1979 Statutes of Nevada, Page 99 (Chapter 77, SB 168)ê

 

      3.  In making any such contract or purchase the purchaser is authorized to accept any condition imposed pursuant to federal, state or local law as a part of the contract.

      4.  The governing body or executive authority, as the case may be, of any [department, division, bureau, commission, board, authority, agency or political subdivision of the state] governmental entity may designate by appropriate resolution or order any officeholder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material or other personal property, [real or personal,] owned by [the United States of America or any agency thereof] any other governmental entity and may authorize that person to make any down payment or payment in full required in connection with such bidding.

      5.  Any provisions of any law, charter, ordinance, resolution, bylaws, rule or regulation which are inconsistent with the provisions of this section are suspended to the extent such provisions are inconsistent herewith.

      Sec. 2.  NRS 332.206 is hereby repealed.

 

________

 

 

CHAPTER 78, SB 171

Senate Bill No. 171–Committee on Government Affairs

CHAPTER 78

AN ACT relating to public finance; revising the designations of various accounts and funds; relaxing limitations on the use of the insurance division national association fund; and providing other matters properly relating thereto.

 

[Approved March 21, 1979]

 

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

 

      Section 1.  Chapter 228 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The attorney general’s special fund is hereby created as a special revenue fund.

      2.  Except as otherwise provided by NRS 598A.260, all money received by the attorney general pursuant to those provisions of law relating to private investigators and to recoveries for unfair trade practices must be deposited in the state treasury for credit to the attorney general’s special fund.

      3.  All claims against the fund must be paid as other claims against the state are paid.

      Sec. 2.  Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The department of general services operating fund is hereby created as an intragovernmental service fund.

      2.  The operating budget of each division of the department of general services must include an amount representing that division’s share of the operating costs of the director’s office and the central accounting function of the department. This amount must be transferred to the operating fund from the appropriation made to that division from the state general fund.


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

ê1979 Statutes of Nevada, Page 100 (Chapter 78, SB 171)ê

 

fund from the appropriation made to that division from the state general fund.

      3.  All money received by the director’s office, including that received for the central accounting services of the department, must be deposited in the state treasury for credit to the operating fund.

      4.  All expenses of the director’s office and the central accounting function of the department must be paid from the fund as other claims against the state are paid.

      Sec. 3.  Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  There is hereby created the revenue sharing trust fund which must be administered by the chief. All money received by the State of Nevada pursuant to the Act of Congress entitled “State and Local Fiscal Assistance Act of 1972,” being Public Law 92-512, 86 Stat. 919, and all interest earned on the deposit or investment of that money must be deposited in the fund.

      2.  Money deposited in the revenue sharing trust fund may be expended only for those purposes determined by the legislature.

      3.  All claims against the fund must be paid as other claims against the state are paid.

      Sec. 4.  NRS 119.150 is hereby amended to read as follows:

      119.150  1.  The division shall, [prior to] before issuing any license under this chapter to any person, [or broker,] fully investigate all information placed before it as may be required pursuant to this chapter and, if in the judgment of the division it is necessary, [shall] inspect the property which is the subject of the application. All reasonable expenses incurred by the division in carrying out [such] the investigation or inspection [shall] must be paid by the applicant and no license [shall] may be issued until [such] those expenses have been fully paid.

      2.  Payments received by the division pursuant to this section [shall] must be deposited in [an investigative account.] the state treasury for credit to the real estate investigative fund which is hereby created as a special revenue fund. The administrator shall use this [account] fund to pay the [reasonable] expenses of agents and employees of the division in making the investigation under this section. [for which the payments were received.] The administrator may advance money for [such] those expenses when appropriate.

      3.  Each expenditure from the investigative [account shall be audited, allowed and] fund must be paid as other claims against the state are paid.

      Sec. 5.  NRS 213.126 is hereby amended to read as follows:

      213.126  1.  The board may impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, at the times and in the amounts specified in [such] the statement.

      2.  All money received by the department for restitution for:

      (a) One victim may; and

      (b) More than one victim must,

be deposited in the state treasury for credit to the restitution trust fund which is hereby created. All payments from the fund must be paid as other claims against the state are paid.

      3.  Failure to comply with a restitution requirement imposed by the board is a violation of a condition of parole unless the parolee’s failure was caused by economic hardship resulting in his inability to pay the amount due.


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

ê1979 Statutes of Nevada, Page 101 (Chapter 78, SB 171)ê

 

board is a violation of a condition of parole unless the parolee’s failure was caused by economic hardship resulting in his inability to pay the amount due. The defendant is entitled to a hearing to show the existence of [such] that hardship.

      Sec. 6.  NRS 213.145 is hereby amended to read as follows:

      213.145  1.  A parolees’ revolving loan [fund] account in the sum of $2,500 is hereby created for the use of the board.

      2.  The [fund shall] account must be under the control of the chief parole and probation officer, who shall use the [fund] account to provide loans to individual parolees in an amount not to exceed $300 to assist in purchasing job tools or equipment, transportation to home or job or for food and rent until a steady income can be obtained. [Such] These loans may be made at a rate of interest not to exceed 4 percent.

      3.  Terms of repayment [shall] must be established at the time of making the loan but the chief parole and probation officer may alter the terms if the best interests of the parolee and the state would be served [thereby.] by doing so. Parolees shall not be released from parole until the loan, with any interest due [thereon,] on it, is paid in full. Willful failure to make payments on the loan is a ground, in the discretion of the board, for revocation of parole.

      4.  [To] The account is nonreverting, except to the extent that the [total] cash balance of the [fund] account exceeds $2,500 at the end of each fiscal year, the excess cash [shall revert to the] must be credited to the state general fund. [in the state treasury.]

      Sec. 7.  NRS 213.370 is hereby amended to read as follows:

      213.370  1.  There is hereby created [in the state treasury] the prisoner’s work release revolving loan [fund] account in the sum of $2,500.

      2.  The [fund shall] account must be used to make loans to offenders to pay their expenses for food, quarters and clothing while participating in the work release program and provision [shall] must be made for repayment.

      3.  [To] The account is nonreverting, except to the extent that the [total] cash balance of the [fund] account exceeds $2,500 at the end of each fiscal year, the excess cash [shall revert] must be credited to the state general fund.

      Sec. 8.  NRS 223.200 is hereby amended to read as follows:

      223.200  1.  The governor may contract and do all other things necessary to secure the full benefits available to this state under the Highway Safety Act of 1966 (including 23 U.S.C. ch. 4). In so doing, he shall cooperate with federal and state agencies, private and public organizations, and [individuals] natural persons to effectuate the purposes of [such] that act and all amendments [thereto] to it which many subsequently be enacted.

      2.  The governor shall administer through an appropriate state agency [, which he shall designate within 30 days from April 17, 1967,] the highway safety programs of this state and those of its political subdivisions [, all] in accordance with the Highway Safety Act of 1966 and those federal rules and regulations [in implementation thereof.] for carrying it out.

      3.  The state agency designated by the governor pursuant to subsection 2 shall, with the assistance of the legislative commission, the supreme court of Nevada, the department of highways, the health division of the department of human resources, the state department of education and other state agencies and local subdivisions, cause to be prepared a comprehensive highway safety program plan detailing how the State of Nevada proposes to progress toward long-range state goals to achieve full compliance [by December 31, 1968, or thereafter,] with the program standards promulgated pursuant to the Highway Safety Act of 1966.


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

ê1979 Statutes of Nevada, Page 102 (Chapter 78, SB 171)ê

 

2 shall, with the assistance of the legislative commission, the supreme court of Nevada, the department of highways, the health division of the department of human resources, the state department of education and other state agencies and local subdivisions, cause to be prepared a comprehensive highway safety program plan detailing how the State of Nevada proposes to progress toward long-range state goals to achieve full compliance [by December 31, 1968, or thereafter,] with the program standards promulgated pursuant to the Highway Safety Act of 1966. The plan [shall,] must, without limitation, include:

      (a) Estimates when the state could begin each program specified in the standards;

      (b) Estimates of annual costs of each program;

      (c) Estimates when the state will reach full compliance with the standards; and

      (d) Projects deemed appropriate for planning and administration of the state highway safety program.

      4.  Costs of preparation of the highway safety program [shall] must be paid from the highway safety program planning fund which is hereby created [in the state treasury. Such fund shall consist of moneys] as a special revenue fund. Money provided by direct legislative appropriation must be accounted for in the fund, and [by] money received from the Federal Government [.] and from donations must be deposited in the state treasury for credit to the fund. The state agency designated by the governor pursuant to subsection 2 [is authorized to] may make the necessary applications for federal [funds] money and provide required demonstrations that federal [moneys] money will be matched with the state [funds] money in the highway safety program planning fund. The state agency may also accept donations for the purpose of preparing the highway safety program.

      Sec. 9.  NRS 232.070 is hereby amended to read as follows:

      232.070  1.  As executive head of the department, the director is responsible for the administration, through the divisions and other units of the department, of all provisions of law relating to the functions of the department, except functions assigned by law to the state environmental commission or the state conservation commission.

      2.  Except as provided in subsection 4, the director shall:

      (a) Establish departmental goals, objectives and priorities.

      (b) Approve divisional goals, objectives and priorities.

      (c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.

      (d) Coordinate divisional programs within the department and coordinate departmental and divisional programs with other departments and with other levels of government.

      (e) Appoint the executive head of each division within the department.

      (f) Delegate to the executive heads of the divisions such authorities and responsibilities as he deems necessary for the efficient conduct of the business of the department.

      (g) Establish new administrative units or programs which may be necessary for the efficient operation of the department, and alter departmental organization and reassign responsibilities as he deems appropriate.


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

ê1979 Statutes of Nevada, Page 103 (Chapter 78, SB 171)ê

 

      (h) From time to time adopt, amend and rescind such regulations as he deems necessary for the administration of the department.

      3.  Except as provided in subsection 4, the director may:

      (a) With the approval of the governor, receive and accept on behalf of the department gifts, devises, bequests and grants of real or personal property. All money and property received by the director, [shall be] unless accounted for in [the] an appropriate trust or agency fund [which is] available to the department [.] , must be accounted for in the department of conservation and natural resources gift fund which is hereby created as a trust fund.

      (b) Enter into cooperative agreements with any federal or state agency or political subdivision of the state, or any public or private institution located in or outside the State of Nevada, or any natural person, corporation or association, in connection with studies and investigations pertaining to any activities of the department.

      4.  This section does not confer upon the director any powers or duties which are delegated by law to the state environmental commission or the state conservation commission, but the director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the commissions.

      Sec. 10.  NRS 232.160 is hereby amended to read as follows:

      232.160  As used in NRS 232.160 to 232.210, inclusive, and section 2 of this act, unless the context requires otherwise:

      1.  “Department” means the department of general services.

      2.  “Director” means the director of this department.

      Sec. 11.  NRS 242.060 is hereby amended to read as follows:

      242.060  1.  [There is hereby created in the state treasury a continuing fund to be known as the] The central data processing [division working capital fund. Moneys from such fund shall] fund is hereby created as an intragovernmental service fund. Money from the fund must be paid out on claims as other claims against the state are paid. [Such claims shall] The claims must be made in accordance with budget allotments and [shall be] are subject to preaudit examination and approval.

      2.  All operating, maintenance, rental, repair and replacement costs of equipment and all salaries of personnel assigned to the division [shall] must be paid from [such] the fund.

      3.  Each agency using the services of the division shall pay a fee for [such] that use, which [shall] must be set by the chief of the division in such amount as to reimburse the division for the entire cost of providing [such] those services, including overhead. Each using agency shall budget for [such] those services. All fees, proceeds from the sale of equipment, and other [moneys] money received by the division [shall] must be deposited [in such] with the state treasurer for credit to the fund.

      [4.  The initial balance of such fund shall be provided by direct legislative appropriation.]

      Sec. 12.  NRS 281.171 is hereby amended to read as follows:

      281.171  1.  [There is hereby created the travel revolving fund which shall] The travel advance fund is hereby created as an agency fund which must be used by the state treasurer for the purpose of providing advance [funds] money to state officers and employees for travel expenses and subsistence allowances.


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

ê1979 Statutes of Nevada, Page 104 (Chapter 78, SB 171)ê

 

fund which must be used by the state treasurer for the purpose of providing advance [funds] money to state officers and employees for travel expenses and subsistence allowances.

      2.  The state treasurer shall deposit the [moneys] money in the travel [revolving] advance fund in a bank qualified to receive deposits of public funds, [under the provisions of chapter 356 of NRS,] and the deposit [shall] must be secured by a depository bond satisfactory to the state board of examiners.

      3.  The state treasurer or any of his officers or employees whom he has designated for the purpose may sign all checks and warrants drawn upon the travel [revolving] advance fund.

      Sec. 13.  NRS 281.172 is hereby amended to read as follows:

      281.172  1.  Any state officer or employee may apply for advance [funds] money for authorized travel expenses and subsistence allowances arising out of his official duties or employment, in the amounts as provided for in NRS 281.160, by filing a request with the administrative head of the state office, department or agency by which he is employed.

      2.  If the administrative head or his designee approves the request he shall forward a copy of the request and approval to the state treasurer.

      3.  Upon receiving a copy of the request and approval from the administrative head or his designee, the state treasurer or one of his officers or employees whom he has designated for the purpose may issue a check or warrant drawn upon the travel [revolving] advance fund for the amount of the advance requested.

      Sec. 14.  NRS 331.101 is hereby amended to read as follows:

      331.101  1.  The buildings and grounds operating fund is hereby created [in the state treasury.] as an intragovernmental service fund.

      2.  All costs of administering the provisions of NRS 331.010 to 331.150, inclusive, [shall] must be paid out of the buildings and grounds operating fund [on claims in the same manner] as other claims against the state are paid.

      Sec. 15.  NRS 331.103 is hereby amended to read as follows:

      331.103  1.  The general services [working capital] communications fund is hereby created [. Such] as an intragovernmental service fund. The fund [shall be] is a continuing fund and [no moneys in such fund shall] its money may not revert to the state general fund at any time.

      2.  [Moneys from] Claims against the general services [working capital fund shall] communications fund which are approved by the superintendent must be paid [out on claims] as other claims against the state are paid. [Such claims shall be approved by the superintendent.]

      3.  Claims [shall] must be made in accordance with budget and quarterly work allotments and are subject to preaudit examination and approval.

      Sec. 16.  NRS 331.104 is hereby amended to read as follows:

      331.104  1.  All revenues resulting from:

      (a) Postage sold to state officers, departments and agencies;

      (b) Charges for proportionate costs of mail service operation; and

      (c) Both direct and pro rata charges to state departments and agencies for telephone service,

[shall] must be deposited in the state treasury for credit to the general services [working capital] communications fund.


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

ê1979 Statutes of Nevada, Page 105 (Chapter 78, SB 171)ê

 

      2.  The formula for spreading costs of operation [shall] must be adjusted from time to time to preserve the fund at its initial level as nearly as is practicable.

      Sec. 17.  NRS 331.105 is hereby amended to read as follows:

      331.105  1.  The superintendent shall establish and conduct a central mailing room for all state officers, departments and agencies located at Carson City, Nevada.

      2.  Any state officer, department or agency may use the central mailing room facilities if [such] the state officer, department or agency pays the cost of [such] their use as determined by the superintendent. [Moneys collected from such state officers, departments or agencies for use of the central mailing room facilities shall be deposited in the mail service working capital fund in the state treasury.]

      3.  The staff of the central mailing room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the legal division of the legislative counsel bureau, other than interoffice mail, of all state officers, departments and agencies using the central mailing room facilities.

      Sec. 18.  NRS 333.124 is hereby amended to read as follows:

      333.124  1.  The donated commodities [revolving] fund is hereby created as a special revenue fund for the use of the chief in acquiring commodities donated by the Federal Government and its agencies.

      2.  Costs of freight, storage, handling charges and other administrative expenses, including compensation of purchasing division personnel, incidental to the acquisition of [such] the donated commodities may be paid from the donated commodities [revolving] fund.

      Sec. 19.  NRS 333.490 is hereby amended to read as follows:

      333.490  1.  The chief [is authorized and directed to] shall do all things necessary to secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to civil defense organizations, to volunteer fire departments, and to such other institutions or activities as may [now be or hereafter become] be eligible under federal law to acquire such property. The chief [is authorized to] may make such certifications, take such action and enter into such contracts and undertakings for and in the name of the state as may be authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He [is further authorized to adopt, amend or rescind such rules and] may adopt regulations, prescribe [such] requirements, and take [such] action as he [may deem] deems necessary to assure maximum utilization by and benefit to eligible institutions and organizations from [such] the federal donable surplus property. He shall make a charge to the schools and institutions receiving donable surplus property secured through the purchasing division, [such] the charge to be a percentage of the acquisition cost or of the fair value of the item requested sufficient to repay in portion or in entirety the transportation and other costs incurred in acquisition of the property. [in question.]

      2.  All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the surplus property administration fund, which is hereby created as a special revenue fund. All expenses for the distribution of federal surplus property must be paid from the fund as other claims against the state are paid.


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

ê1979 Statutes of Nevada, Page 106 (Chapter 78, SB 171)ê

 

expenses for the distribution of federal surplus property must be paid from the fund as other claims against the state are paid.

      3.  The chief [is authorized to] may discontinue temporarily or terminate entirely [such] the donable surplus property operation at any time when there is not a sufficient flow of [such] property to make continued employment of personnel for this purpose beneficial to the state.

      Sec. 20.  NRS 336.110 is hereby amended to read as follows:

      336.110  1.  [There is hereby created in the state treasury a continuing fund to be known as the] The motor pool [working capital] fund is hereby created as an intragovernmental service fund in the amount of $9,500. No [moneys in such fund shall] money in the fund may revert to the state general fund at any time. [Moneys] Money from the motor pool [working capital fund shall] fund must be paid out on claims as other claims against the state are paid. [Such claims shall] The claims must be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.

      2.  All operating, maintenance, repair and replacement costs for vehicles assigned to the state motor pool [shall] must be paid from the motor pool [working capital] fund.

      3.  All agencies using vehicles of the state motor pool shall pay a fee for [such] the use and proportionate share of operational cost in an amount determined by the executive officer. The formula for spreading costs of operation [shall] may be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs, defray the costs of motor pool operation, and preserve the fund as nearly as practicable at the level of $9,500.

      4.  All fees, costs and other [moneys] money received by the state motor pool, including all proceeds from the sale of vehicles, [shall] must be deposited [in the motor pool working capital] with the state treasurer for credit to the fund.

      Sec. 21.  NRS 353.150 is hereby amended to read as follows:

      353.150  NRS 353.150 to 353.246, inclusive, [shall be known and] and section 3 of this act, may be cited as the State Budget Act.

      Sec. 22.  NRS 353.266 is hereby amended to read as follows:

      353.266  1.  [There is hereby created in the state treasury a fund to be known as the] The contingency fund [. Moneys for such fund shall] is hereby created as a trust fund. Money for the fund must be provided by direct legislative appropriation.

      2.  [Moneys] Money in the contingency fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268 and 353.269:

      (a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses.

      (b) To meet expenses under requirements of law.

      Sec. 23.  NRS 356.013 is hereby amended to read as follows:

      356.013  1.  The state treasurer shall maintain a special revolving [fund] account of $20,000 to be used to cash:

      (a) State warrants; and

      (b) Checks for not more than $25, drawn by or payable to an employee or officer of the state.

The treasurer may refuse to cash any check drawn by or payable to a state employee if the treasurer has a reason to doubt that [such] the check will be honored or if the drawer has a record of issuing checks which are not honored.


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ê1979 Statutes of Nevada, Page 107 (Chapter 78, SB 171)ê

 

state employee if the treasurer has a reason to doubt that [such] the check will be honored or if the drawer has a record of issuing checks which are not honored.

      2.  This revolving [fund shall] account must be kept partly in the form of a special checking account in a state or national bank in Carson City. The cash portion of the [fund shall] account must be replenished as required by withdrawal from the checking account.

      3.  Within 2 days after cashing any check or warrant, the state treasurer shall deposit [such] the check or warrant for collection to the credit of the special checking account. Any check presented for payment which is dishonored [shall] must be delivered to the state controller to recover the amount of the check pursuant to NRS 227.230. The state treasurer [shall be] is liable for any amount not recovered by the state controller.

      4.  All amounts recovered by the state controller or made good by the state treasurer or his bondsman [shall] must be deposited in the special checking account.

      Sec. 24.  NRS 365.535 is hereby amended to read as follows:

      365.535  1.  It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).

      2.  The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes [shall] must be determined annually by the department by use of the following formula:

      (a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat; and

      (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann college of agriculture, University of Nevada, Reno; and

      (c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the excise tax rates levied under the provisions of NRS 365.170 to 365.190, inclusive, less the percentage of [such] the rate authorized to be deducted by the dealer pursuant to NRS 365.330.

      3.  The Nevada department of fish and game shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using [such] that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the apportionment and distribution ratio as defined in subsection 4, in writing, to the Nevada department of fish and game and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.


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ê1979 Statutes of Nevada, Page 108 (Chapter 78, SB 171)ê

 

      4.  In each fiscal year, the state treasurer shall, upon receipt of the tax [moneys] money from the department collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:

      (a) Allocate 30 percent of the remittances and deposits made pursuant to subsections 1 and 2 to the Nevada department of fish and game for deposit and use as provided in subsection 2 of NRS 501.356. All [moneys] money so received by the department [shall] may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of [these funds] this money declared by the Nevada department of fish and game to be in excess of their immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources [for their use] in accordance with the provisions of paragraph (b).

      (b) Deposit [in the general fund in the state treasury to the credit of] with the state treasurer for credit to the parks marina development fund which is hereby created as a special revenue fund for use by the division of state parks of the state department of conservation and natural resources 70 percent of the remittances and deposits made pursuant to subsections 1 and 2. All [moneys] money so deposited to the credit of the division of state parks of the state department of conservation and natural resources [shall] may be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.

      5.  Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 4 may be made quarterly or oftener if convenient to the state treasurer.

      Sec. 25.  NRS 407.065 is hereby amended to read as follows:

      407.065  The administrator, subject to the approval of the director, may:

      1.  Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.

      2.  Protect state parks and property controlled or administered by it from misuse or damage and preserve the peace within [such] those areas. At the discretion of the administrator, rangers and employees of the division [shall] have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division. The administrator may appoint or designate certain division employees to have the general authority of peace officers as provided in NRS 169.125, but [such] those employees [shall not be] are not police officers or firemen for the purposes of NRS 286.510.

      3.  Allow multiple use of state parks and real property controlled or administered by it for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such regulations as may be [promulgated] adopted in furtherance of the purposes of the division.

      4.  Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees [therefor, which shall] for them, which must be deposited in the state general fund.


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ê1979 Statutes of Nevada, Page 109 (Chapter 78, SB 171)ê

 

for the comfort and convenience of the general public, and collect reasonable fees [therefor, which shall] for them, which must be deposited in the state general fund. No fees for special services [shall] may be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.

      5.  Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the division to public or private corporations, to groups of [individuals,] natural persons, or to [individuals] natural persons for a valuable consideration upon such terms and conditions as the division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments [shall] must be deposited in the state general fund.

      6.  Establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the legislature. These funds must be used for the construction and improvement of those parks which are under the supervision of the administrator.

      Sec. 26.  NRS 407.075 is hereby amended to read as follows:

      407.075  1.  The state park grant and gift fund is hereby created [in the state treasury] as a trust fund for the use of the division.

      2.  The following money [shall] must be deposited [in] with the state treasurer for credit to the state park grant and gift fund:

      (a) Gifts, grants or devises accepted by the division under the provisions of NRS 407.063.

      (b) Grants and money accepted by the division from any public or private corporation, group of [individuals or individual] natural persons or a natural person under the provisions of NRS 407.067.

      3.  Expenditures from the state park grant and gift fund [shall] must be made only for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the division.

      Sec. 27.  NRS 445.700 is hereby amended to read as follows:

      445.700  1.  In areas of the state where and [at such times as] when a program [of implementation] is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees [shall] must be paid to the department of motor vehicles and [deposited in the state treasury:] accounted for in the pollution control fund which is hereby created as a special revenue fund:

      (a) For the issuance and annual renewal of license for an authorized station or a fleet station...................................................................................................................... $25;

      (b) For each set of 25 forms certifying emission control compliance................. 50;

      (c) For each form issued to a fleet station.................................................................. 2.

      2.  All fees [shall be deposited with the state treasurer and shall be held in trust as a credit to the department of motor vehicles to be withdrawn] must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive.

      3.  The department of motor vehicles may prescribe by regulation routine inspection fees at the prevailing shop labor rate, including maximum charges for [such] those fees, and for the posting of [such] those fees in a conspicuous place at the authorized station.


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ê1979 Statutes of Nevada, Page 110 (Chapter 78, SB 171)ê

 

      Sec. 28.  NRS 466.080 is hereby amended to read as follows:

      466.080  1.  The Nevada racing commission fund is created [in the state treasury.] as a special revenue fund. The commission shall deposit [in such] with the state treasurer for credit to the fund periodically, as collected, out of the proceeds of the taxes imposed by NRS 466.125, an amount equal to 1 percent of all [moneys] money handled by each pari-mutuel licensee.

      2.  The commission shall deposit [in] with the state treasurer for credit to the state general fund, [in the state treasury,] periodically as collected, all fees imposed by NRS 466.120 and the remainder of the taxes imposed by NRS 466.125.

      3.  The commission may, out of the Nevada racing commission fund:

      (a) Pay the necessary and proper expenses of the commission for the efficient administration of this chapter, in the same manner as other claims against the state are paid.

      (b) Retain, on July 1 of each year, a cash balance of $10,000 [as a revolving fund for such] for those expenses.

      4.  The commission shall, on July 1 of each year, distribute the remaining cash balance in excess of $10,000 of the Nevada racing commission fund to those agricultural associations in this state which have conducted race meets without state aid or aid from any agricultural district or county, in proportion to the amount of license fees and taxes paid to the commission by each [such] association.

      Sec. 29.  NRS 472.045 is hereby amended to read as follows:

      472.045  1.  Upon written request from the state forester firewarden, the state controller [is authorized and directed to] shall draw his warrant in favor of the state forester firewarden in the sum of $2,500, and upon its presentation [of the same] to the state treasurer, the state treasurer [is authorized and directed to pay the same] shall pay it from the state general fund. [in the state treasury.]

      2.  The [sum of $5,000 shall be known as the] state forester firewarden revolving [fund and] account in the amount of $5,000 may be used by the state forester firewarden for the purpose of paying temporary labor hired for firefighting purposes and other obligations requiring prompt payment in connection with firefighting operations, but for no other purposes.

      3.  All claims [or demands] paid by the state forester firewarden shall [, after payment thereof,] be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of [such claim or claims] the claim in favor of the state forester firewarden revolving [fund] account to be paid to the order of the state forester firewarden, and the state treasurer shall pay the [same.] warrant.

      4.  The state forester firewarden is directed to deposit the state forester firewarden revolving [fund] account in one or more banks [of reputable standing,] and to secure the deposit by a depositary bond satisfactory to the state board of examiners.

      Sec. 30.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  [There] The motor vehicle fund is hereby created [in the state treasury a fund which shall be known as the motor vehicle fund.] as an agency fund. Money received by the department shall be deposited with the state treasurer [to the credit of] for credit to the motor vehicle fund.


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ê1979 Statutes of Nevada, Page 111 (Chapter 78, SB 171)ê

 

deposited with the state treasurer [to the credit of] for credit to the motor vehicle fund. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter shall, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which [such] the payment was credited, in the proper proportion.

      2.  Money for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of [such] the appropriation the department shall pay every item of expense.

      3.  The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and [such] that money shall be distributed monthly as provided in subsection 4.

      4.  The distribution of the privilege tax within a county shall be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in [any such] that distribution. The amount attributable to the debt service of each school district shall be included in the allocation made to each county government. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455. Local governments, other than incorporated cities, shall receive no distribution if the distribution to [such] the local government in less than $100. [Such] Any undistributed money [shall accrue] accrues to the county general fund of the county in which [such] the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county shall be paid to the counties for distribution to [such] the other local governments.

      5.  Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation shall be distributed among the counties in the following percentages:

 

Carson City............. 1.07 percent..................... Lincoln....................... 3.12 percent

Churchill.................. 5.21 percent..................... Lyon........................... 2.90 percent

Clark...................... 22.54 percent..................... Mineral....................... 2.40 percent

Douglas.................... 2.52 percent..................... Nye............................. 4.09 percent

Elko........................ 13.31 percent..................... Pershing...................... 7.00 percent

Esmeralda............... 2.52 percent..................... Storey........................... .19 percent

Eureka..................... 3.10 percent..................... Washoe.................... 12.24 percent

Humboldt................ 8.25 percent..................... White Pine................. 5.66 percent

Lander..................... 3.88 percent

 

[Such] The distributions shall be allocated among local governments within the respective counties pursuant to the provisions of subsection 4.

      6.  As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, and 1 percent from counties having a population of less than 100,000 as determined by [such] that last preceding national census.


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ê1979 Statutes of Nevada, Page 112 (Chapter 78, SB 171)ê

 

100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, and 1 percent from counties having a population of less than 100,000 as determined by [such] that last preceding national census.

      7.  When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 31.  NRS 482.183 is hereby amended to read as follows:

      482.183  The motor vehicle revolving [fund] account in the amount of $10,000 is hereby created and [shall] must be used for main and branch office change [funds.] accounts.

      Sec. 32.  NRS 482.480 is hereby amended to read as follows:

      482.480  There [shall] must be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $5.50.

      2.  For every motorcycle, the sum of $3.50.

      3.  For every motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmaster’s certificate, a registration fee of $9.

      4.  For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. 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 $5.50. 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........................................................            $8

3,550 to and including 3,649 pounds........................................................            10

3,650 to and including 3,749 pounds........................................................            12

3,750 to and including 3,849 pounds........................................................            14

3,850 to and including 3,949 pounds........................................................            16

3,950 to and including 3,999 pounds........................................................            18

 

      5.  For every motortruck having an unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees according to the following schedule:

 

3,501 to and including 3,549 pounds............................................................      $10

3,550 to and including 3,649 pounds............................................................        12

3,650 to and including 3,749 pounds............................................................        14

3,750 to and including 3,849 pounds............................................................        16

3,850 to and including 3,949 pounds............................................................        18

3,950 to and including 3,999 pounds............................................................        20

4,000 to and including 5,049 pounds............................................................        25

 

      6.  For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every motortruck having an unladened weight of 5,050 pounds or more, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate.


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ê1979 Statutes of Nevada, Page 113 (Chapter 78, SB 171)ê

 

public weighmaster’s certificate. At the time of weighing, each vehicle [shall] must have in place each [and every] accessory and appliance belonging to and used on [such] 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 [shall] 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 [shall be] is $2.

      8.  The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 [shall be] is $2 plus the excess, if any, of the fee which would have been payable for an original registration of [such] the vehicle over the fee paid for registration of the vehicle from which the registration is transferred.

      9.  For every motor vehicle there [shall be] is an additional fee of $3 for each registration, which [shall be placed in a special fund to] 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.

      Sec. 33.  NRS 489.380 is hereby amended to read as follows:

      489.380  1.  [There is hereby created the mobile home and travel trailer fund.

      2.]  All fees collected pursuant to the provisions of this chapter [shall] must be deposited [into] in the state treasury for credit to the mobile home and travel trailer fund [and all] which is hereby created as a special revenue fund. All expenses of the enforcement of this chapter [shall] must be paid from [such] the fund.

      [3.] 2.  The mobile home and travel trailer fund [shall] may not be used for any purpose, except the regulation of mobile homes, travel trailers and commercial coaches.

      [4.  Upon approval by the director, claims] 3.  Claims against the fund [shall] must be paid [in the same manner] as other claims against the state are paid.

      Sec. 34.  NRS 528.100 is hereby amended to read as follows:

      528.100  1.  In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, woodlots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the state forester firewarden, subject to the approval of the director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and [individuals] natural persons for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and conservation plant materials.

      2.  The state forester firewarden may receive [money] contributions of money from cooperators under the cooperative agreement. [, such contributions to be paid into the division of forestry account in the state general fund.]

 


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ê1979 Statutes of Nevada, Page 114 (Chapter 78, SB 171)ê

 

contributions to be paid into the division of forestry account in the state general fund.]

      3.  The forestry nurseries fund is hereby created as a special revenue fund. All money received for the establishment, development and operation of nurseries must be accounted for in the fund. All claims against the fund must be paid as other claims against the state are paid.

      Sec. 35.  NRS 532.200 is hereby amended to read as follows:

      532.200  1.  For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for the costs, witness fees or expenses incurred by or upon the authority of the attorney general and the state engineer in any litigation affecting any order of determination adjudicating the waters of any stream system in the State of Nevada, there is hereby created [a revolving fund to be known as] the adjudication emergency fund [.] as a special revenue fund. All [moneys] money returned under the provisions of chapter 181, Statutes of Nevada 1925, until [such] those returns [shall] aggregate the total of $6,000, [shall] must be deposited in the adjudication emergency fund, and thereafter the fund [shall] must be maintained [as a revolving fund] for the purposes designated in this section.

      2.  No part of the adjudication emergency fund [shall] may be used in the payment of [attorney] attorney’s fees.

      3.  The State of Nevada shall recover all costs paid or advanced under the provisions of this section, and the [moneys so recovered shall] money recovered must be placed in the adjudication emergency fund.

      4.  All expenditures from the adjudication emergency fund [shall be] are subject to the approval of the attorney general, the state engineer and the state board of examiners.

      Sec. 36.  NRS 532.220 is hereby amended to read as follows:

      532.220  1.  [There is hereby created in the state treasury a] The channel clearance, surveying and monumenting [fund to] program is hereby established and must be administered by the state engineer.

      2.  This [fund is a continuing fund] program is to be used to aid local governments in this state in the clearance, surveying and monumenting of navigable rivers.

      3.  Any incorporated city, county or other political subdivision of this state may apply to the state engineer for a grant from this [fund] program if:

      (a) Federal [funds are] money is not available for the proposed project;

      (b) The incorporated city, county or other political subdivision requesting the [funds] money agrees to match the state grant equally with its [funds;] money; and

      (c) The amount requested does not exceed the balance [of the fund.] available.

      4.  As used in this section, “navigable river” means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.

      Sec. 37.  NRS 533.080 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 115 (Chapter 78, SB 171)ê

 

      533.080  1.  All maps, surveys and measurements of water required under the provisions of this chapter [shall] must be made by a state water right surveyor. No survey, map or measurement of flow of water [shall] may be approved by the state engineer unless [such] the survey is made by a state water right surveyor.

      2.  Any registered professional engineer or land surveyor, qualified and registered in the State of Nevada, who has practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, shall be considered for appointment as a state water right surveyor upon application to the state engineer. The application [shall] must be in the form prescribed by the state engineer and [shall be] accompanied by a fee of $25.

      3.  The state engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to his qualifications as may be provided by the state engineer.

      4.  Whenever the state engineer [shall approve] approves the qualifications of an applicant, he shall issue a certificate to [such] the applicant designating him as a state water right surveyor.

      5.  Every water right surveyor’s certificate [shall expire] expires on June 30 of each year unless renewed by application in the form prescribed by the state engineer. A fee of $10 [shall] must be paid each year for renewal. All application and renewal fees [shall be kept by the state engineer and] must be accounted for in the state engineer’s water license fund which is hereby created as a special revenue fund and must be used to pay costs pertaining to [such] the certificate and other costs associated [therewith.] with it.

      6.  An appointment may be revoked by the state engineer at any time for good cause shown.

      7.  The state engineer may provide such additional [rules and] regulations governing the qualifications and official acts of state water right surveyors as may be reasonable and not inconsistent with this chapter.

      8.  The State of Nevada [shall not be] is not liable for the compensation of any state water right surveyor, but he [shall] is entitled to be paid by the person employing him.

      9.  Officers and employees of the United States Government [shall be] are entitled to apply for the position of state water right surveyor and [shall be] are exempt from the qualification of registration as a professional engineer or land surveyor required in subsection 2. Any certificate issued to [such] those officers and employees [shall] must include a restriction limiting [such] those officers and employees to work for the United States Government.

      Sec. 38.  NRS 534.140 is hereby amended to read as follows:

      534.140  1.  Every well driller, before engaging in the physical drilling of a well in the State of Nevada for development of water, shall annually [make application] apply to the state engineer for a license to drill.

      2.  The applications for [such] those licenses and all licenses issued for the drilling of wells [shall] must be in the form prescribed by the state engineer.


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ê1979 Statutes of Nevada, Page 116 (Chapter 78, SB 171)ê

 

      3.  All well-drilling licenses [shall] expire on June 30 following [the issuance thereof and shall not be] their issuance and are not transferable.

      4.  A fee of $25 [shall] must accompany each application for [such] a license and a fee of $10 [shall] must be paid each year for renewal [thereof.] of the license.

      5.  [All such] Those license fees shall be [kept by the state engineer] accounted for in the state engineer’s water license fund and used to pay costs pertaining to [such] the licensing and other costs associated [therewith,] with it, and the compensation of the members of the well drillers’ advisory board and their expenses.

      6.  The state engineer [is authorized and directed to] shall prepare and keep on file in his office [rules and] regulations for well drilling.

      7.  Before engaging in the physical drilling of a well in this state for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, [shall] must obtain a license as a well driller from the state contractors’ board.

      Sec. 39.  NRS 543.040 is hereby amended to read as follows:

      543.040  [There] The flood control fund is hereby created [in the state treasury the flood control revolving fund. Moneys] as a special revenue fund. Money in the flood control [revolving] fund shall not revert to the state general fund at the end of any fiscal year.

      Sec. 40.  NRS 543.050 is hereby amended to read as follows:

      543.050  The director shall use the [moneys] money in the flood control [revolving] fund to pay all necessary costs in order to carry out the assurances and to perform the acts provided for in NRS 543.030. Reimbursements to [such fund shall] the fund must be in the manner described in NRS 543.060.

      Sec. 41.  NRS 543.060 is hereby amended to read as follows:

      543.060  1.  The director shall determine which counties, cities and public districts benefit by [such] the project, and whether the state is benefited by [such] the project, and to what extent there is [such] benefit to the [aforesaid] subdivisions, and reimbursement to [such fund shall] the fund must be made in proportion to the benefit received.

      2.  If any portion of the flood control [revolving fund shall be] fund is used for maintenance of any [such] of those flood control projects, the flood control [revolving fund shall] fund must be fully reimbursed for cost of [such] the maintenance by the state, counties, cities and public districts benefited by [such] the project.

      3.  The director shall determine the period for repayment of the initial nonfederal charges as provided for under subsection 1, which period [shall] may not be more than 5 years after completion of the project for which [funds have] money has been authorized.

      4.  The director, after having determined the benefits as set forth in subsection 1, shall, between the 1st Monday of October and the 1st Monday of December of each year, prepare a budget showing the amount of money estimated to be necessary to repay the initial capital outlay, which initial capital outlay is to be assessed in equal annual installments, and any estimated maintenance cost for the then current year, and submit the budget to the board of county commissioners. When the flood control project lies in more than one county, separate budgets [shall] must be prepared for each county.


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ê1979 Statutes of Nevada, Page 117 (Chapter 78, SB 171)ê

 

project lies in more than one county, separate budgets [shall] must be prepared for each county.

      Sec. 42.  NRS 543.080 is hereby amended to read as follows:

      543.080  1.  The taxes and charges provided for in NRS 543.070, when collected, [shall] must be deposited with the state treasurer [, in] for credit to the flood control [revolving] fund.

      2.  All bills against [such fund shall] the fund must be certified by the director and, when certified and approved by the state board of examiners, the state controller is authorized to draw his warrant against the flood control [revolving] fund.

      Sec. 43.  NRS 543.100 is hereby amended to read as follows:

      543.100  Upon a petition from a county, city or public district to the director, in a form prescribed by the director, requesting financial assistance to aid in paying the costs of planning, engineering, administration, acquisition of easements and rights-of-way and other proper expenses connected with a flood control project, or in paying costs for a riparian survey, the director may, following study and approval of the proposed project or survey, and subject to the approval of the governor and the state board of finance, loan [moneys] money from the flood control [revolving] fund in the manner provided in NRS 543.090 to 543.140, inclusive.

      Sec. 44.  NRS 543.110 is hereby amended to read as follows:

      543.110  1.  Each petition to the director [shall] must describe the proposed flood control project or riparian survey, state the amount of money requested, and designate the areas to be assessed for the purpose of reimbursement of the flood control [revolving] fund.

      2.  The director shall determine the period to be allowed for repayment of the money loaned, which period [shall] may not be longer than 5 years from the date of the loan.

      3.  The director shall, between the 1st Monday of October and the 1st Monday of December of each year following the date of any loan, prepare a budget based on repayment of the loan in equal annual installments showing the amount of money to be repaid in the next succeeding fiscal year, and shall submit the budget to the board of county commissioners of the county in which the project or survey is located. If the project or survey is located in more than one county, separate budgets [shall] must be prepared for each county.

      Sec. 45.  NRS 543.130 is hereby amended to read as follows:

      543.130  1.  The receipts of the charges provided for in NRS 543.120, when collected, [shall] must be deposited, in the same manner as receipts of special taxes are deposited, with the state treasurer [to the credit of] for credit to the flood control [revolving] fund.

      2.  All claims against [such fund shall] the fund must be certified by the director, and when they have been certified and approved by the state board of examiners, the state controller shall draw his warrant [therefor] against the flood control [revolving] fund.

      Sec. 46.  NRS 543.140 hereby amended to read as follows:

      543.140  Loans may be made pursuant to NRS 543.090 to 543.140, inclusive, from time to time for each proposed flood control project at the discretion of the director and within the limits of [moneys] money available in the flood control [revolving] fund.


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ê1979 Statutes of Nevada, Page 118 (Chapter 78, SB 171)ê

 

      Sec. 47.  NRS 544.110 is hereby amended to read as follows:

      544.110  [1.]  The director may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any [funds] money which may be offered or become available from federal grants or appropriations, private gifts, donations or bequests, or from any other source, and may expend [such funds, unless their] the money, unless its use is restricted and subject to any limitations otherwise provided by law, for the administration of NRS 544.070 to 544.240, inclusive, and for the encouragement of research and development by a state or public or private agency, either by direct grant, by contract or other cooperative means.

      [2.  There is hereby established a continuing fund in the general fund in the state treasury to be known as the weather modification fund. All license and permit fees paid to the director shall be deposited in such fund. Any accumulation in such fund in excess of $5,000 shall revert immediately to the general fund.]

      Sec. 48.  NRS 548.165 is hereby amended to read as follows:

      548.165  The commission shall [:

      1.  Keep] keep a full and accurate record of its official actions and all proceedings, and of all resolutions, regulations and orders issued or adopted.

      [2.  Provide for an annual audit of the accounts of receipts and disbursements.]

      Sec. 49.  NRS 561.407 is hereby amended to read as follows:

      561.407  1.  The Nevada beef promotion fund [account] is hereby created [in the state treasury.] as a special revenue fund. The proceeds of the special tax on cattle levied pursuant to NRS 575.070 [shall] must be deposited in this fund [account,] and all refunds made pursuant to NRS 575.070 [shall] must be paid from [this fund account.] the fund.

      2.  On or before June 30 of each year, the state controller shall draw his warrant in favor of the National Livestock and Meat Board for the amount in the Nevada beef promotion fund [account] and shall transmit [such] the warrant to the payee through the executive director, to be used to promote the consumption of domestic beef and beef products and for the general benefit of beef producers.

      Sec. 50.  NRS 575.070 is hereby amended to read as follows:

      575.070  1.  The state department of agriculture shall fix an annual special tax, to be known as the beef promotion tax, on all cattle appearing on the tax rolls, the rate of which [shall] must not exceed 5 cents per head. The department shall send notice of the rate of this special tax to the department of taxation and to each board of county commissioners [prior to] before the annual levy of taxes, and the board shall include this tax at the rate fixed in [such] the annual levy. The special tax [shall] must be collected as other taxes, and [the proceeds transmitted to the state treasurer for deposit in] deposited with the state treasury for credit to the Nevada beef promotion fund. [account.]

      2.  During the month of April, any person who has paid the special tax levied pursuant to this section may file a claim for refund with the department, accompanied by a receipt showing [such] the payment.


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ê1979 Statutes of Nevada, Page 119 (Chapter 78, SB 171)ê

 

Upon verification [of the correctness] of the claim, the department shall transmit it to the state controller for payment from the Nevada beef promotion fund.

      Sec. 51.  NRS 598A.260 is hereby amended to read as follows:

      598A.260  1.  [All attorney fees and costs and 10 percent of all recoveries obtained as damages or civil penalties for the State of Nevada and its agencies by the attorney general as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise, shall be deposited with the state treasurer to the credit of the attorney general’s unfair trade practice fund, which is hereby created.

      2.  The balance of all recoveries obtained as damages or civil penalties for the State of Nevada and its agencies by the attorney general as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise, shall be deposited with the state treasurer to the credit of the general fund.

      3.  On June 30 of each fiscal year, any balance in excess of $30,000 remaining in the attorney general’s unfair trade practice fund shall revert to the general fund.] All money obtained as awards, damages or civil penalties for the State of Nevada and its agencies by the attorney general as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise must be deposited in the state treasury as follows:

      (a) All attorney’s fees and costs and 10 percent of all recoveries for credit to the attorney general’s special fund.

      (b) The balance of the recoveries for credit to the state general fund.

      2.  Money deposited in the state treasury for credit to the attorney general’s special fund pursuant to subsection 1 must be used for payment of the expenses of enforcing the statutes pertaining to unfair trade practices. Those expenses which are in excess of the amount available in the fund must be paid out of the legislative appropriation for the support of the office of attorney general.

      3.  On June 30 of each fiscal year, any amount in excess of $30,000 in the attorney general’s special fund of the money collected pursuant to subsection 1 reverts to the state general fund.

      Sec. 52.  NRS 645.842 is hereby amended to read as follows:

      645.842  [There is hereby created in the state treasury the] The real estate education, research and recovery fund [.] is hereby created as a special revenue fund. A balance of not more than $50,000 [shall] must be maintained in the fund, to be used for satisfying claims against persons licensed under this chapter, as provided in NRS 645.841 to 645.8494, inclusive. Any balance over $50,000 at the end of any fiscal year [shall] must be set aside and used by the administrator, after approval of the commission, for real estate education and research.

      Sec. 53.  NRS 645.843 is hereby amended to read as follows:

      645.843  1.  Except as otherwise provided in subsection 2, upon issuance or renewal of every real estate broker’s and real estate salesman’s license, every licensed broker and salesman shall pay in addition to the original or renewal fee, a fee of $40. [Such] The additional fee [shall be paid into the] must be deposited in the state treasury [and credited] for credit to the real estate education, research and recovery fund, and shall be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.


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ê1979 Statutes of Nevada, Page 120 (Chapter 78, SB 171)ê

 

be paid into the] must be deposited in the state treasury [and credited] for credit to the real estate education, research and recovery fund, and shall be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.

      2.  A salesman who renews his license while employed by an owner-developer is not required to pay [into the fund.] the additional fee.

      Sec. 54.  NRS 645B.050 is hereby amended to read as follows:

      645B.050  1.  The mortgage company’s license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing a renewal application, submitting such financial data as may be required by the commissioner and paying the annual license fee for the succeeding year. The commissioner may require:

      (a) An independent audit report by a public accountant certified or registered in this state; or

      (b) If the commissioner determines that the mortgage activities of the company are limited and incidental to its primary business activity, an unaudited financial statement signed by the principal owner of the company and dated not earlier than the close of the company’s latest fiscal or calendar year.

      2.  The filing fees are:

      (a) For filing an original application, $100 for the principal office and $35 for each branch office.

      (b) For filing an original application from April 1 to June 30, inclusive, $50 for the principal office of a mortgage company.

      (c) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.

      (d) For filing a renewal application, the filing fees shall be determined by the dollar volume of loans originated in the preceding calendar year ended December 31, in accordance with the following schedule:

 

Under $1 million............................................................................................        $100

$1 million to $2 million.................................................................................          150

$2 million to $3 million.................................................................................          200

$3 million to $4 million.................................................................................          250

$4 million to $5 million.................................................................................          300

$5 million to $10 million..............................................................................          400

Over $10 million............................................................................................          500

 

      3.  All fees received under this chapter [shall] must be deposited [to the credit of] in the state treasury for credit to the state general fund.

      Sec. 55.  NRS 648.040 is hereby amended to read as follows:

      648.040  1.  [All receipts under this chapter shall be reported at the beginning of each month for the month preceding to the state controller. The entire amount received shall be paid into the state treasury to the credit of the private investigator’s contingent fund.

      2.  The fund shall] All amounts received pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the attorney general’s special fund and must be used by the board for the administration of this chapter and to pay the expenses and salary of members and employees of the board.

      [3.] 2.  Any [balance remaining in the fund] amount remaining at the end of a fiscal year [shall] must be carried forward into the next fiscal year.


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ê1979 Statutes of Nevada, Page 121 (Chapter 78, SB 171)ê

 

the end of a fiscal year [shall] must be carried forward into the next fiscal year.

      Sec. 56.  NRS 679B.300 is hereby amended to read as follows:

      679B.300  1.  [There is continued in the state treasury the insurance examination fund for the use of the division. The commissioner shall promptly deposit with the state treasurer for the credit to such fund all moneys received by him pursuant to NRS 679B.290.] The insurance examination fund is hereby created as a special revenue fund. All money received by the commissioner pursuant to NRS 679B.290 must be deposited in the state treasury for credit to the fund.

      2.  [Moneys] Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other division representative in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 [shall] must be paid out of the insurance examination fund [on claims] as other claims against the state are paid. [, upon approval by the commissioner.]

      Sec. 57.  NRS 680B.070 is hereby amended to read as follows:

      680B.070  1.  Each authorized insurer shall on or before August 1 of each year pay to the commissioner [such] the uniform amount, not to exceed $15, as the commissioner may require and give the insurer written notice thereof, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners for the purpose of defraying:

      (a) The general expenses of [such] the association; and

      (b) Reasonable and necessary travel and related expenses incurred by the commissioner and members of his staff, without limitation as to number, in attending meetings of [such] the association, its committees, subcommittees, hearings and its other official activities.

      2.  [There is created in the state treasury a revolving fund designated the insurance division national association fund. The commissioner shall promptly transmit to the state treasurer all moneys received by him pursuant to subsection 1 for credit to this fund.

      3.  Upon presentation of proper vouchers approved by the commissioner, the state controller shall issue his warrants upon the fund, and the state treasurer shall pay the warrants out of the money credited to the fund.] Expenses incurred for the purposes described in paragraphs (a) and (b) of subsection 1 must be paid in full and are not subject to the limitations expressed in NRS 281.160 or in the regulations of any state agency.

      3.  All money received by the commissioner pursuant to subsection 1 must be deposited in the state treasury for credit to the insurance division national association fund which is hereby created as a special revenue fund. Except as provided in subsection 2, all claims against the fund must be paid as other claims against the state are paid.

      Sec. 58.  NRS 689.385 is hereby amended to read as follows:

      689.385  [The administrator shall promptly deposit with the state treasurer, for credit to the insurance division regulatory revolving fund, which is hereby established in the state treasury, all fees and charges collected by him under this chapter.] The insurance division regulatory fund is hereby created as a special revenue fund.


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ê1979 Statutes of Nevada, Page 122 (Chapter 78, SB 171)ê

 

fund is hereby created as a special revenue fund. All money collected by the administrator under this chapter must be deposited in the state treasury for credit to the fund. Expenses incurred in carrying out the provisions of this chapter must be paid from the fund as other claims against the state are paid.

      Sec. 59.  NRS 696B.520 is hereby amended to read as follows:

      696B.520  1.  The commissioner may apply for and any district court may grant such restraining orders, temporary and permanent injunctions and other orders as may be deemed necessary to enforce the commissioner’s order.

      2.  A violation of any order of the commissioner issued under NRS 696B.500 by any person as to whom the order is in effect [shall subject such] subjects the person to a penalty of not more than $10,000, to be collected in a civil action brought by the attorney general in the name of the State of Nevada. The attorney general shall deposit all [funds] money so collected [with the state treasurer to the credit of] in the state treasury for credit to the insurance division regulatory [revolving] fund.

      Sec. 60.  NRS 697A.090 is hereby amended to read as follows:

      697A.090  The commissioner shall pay into the state general fund [of the state] on July 1 three-fourths of the unclaimed [funds] money received from life insurers during the preceding fiscal year. The remaining one-fourth [shall be administered by him as a special trust fund for the purposes of this chapter, and deposited in the manner provided by law for the deposit of such funds.] must be deposited in the state treasury for credit to the insurance unclaimed trust fund which is hereby created. At the end of each [calendar] fiscal year, any unclaimed [funds which have] money which has been a part of [such special] the trust fund for a period of 7 years or more [shall] must be paid into the state general fund [of the state] for the use of the state, but the [special] trust fund [shall never be so] must not be reduced to less than $1,000.

      Sec. 61.  NRS 223.220, 226.165 and 598A.270 are hereby repealed.

 

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CHAPTER 79, SB 182

Senate Bill No. 182–Senator Young

CHAPTER 79

AN ACT relating to professional corporations and associations; relaxing restrictions on the use of fictitious names; and providing other matters properly relating thereto.

 

[Approved March 21, 1979]

 

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

 

      Section 1.  NRS 89.040 is hereby amended to read as follows:

      89.040  1.  One or more [individuals,] persons, each of whom is authorized to perform the same professional service, may organize a professional corporation in the manner provided for organizing a private corporation under chapter 78 of NRS.


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ê1979 Statutes of Nevada, Page 123 (Chapter 79, SB 182)ê

 

corporation under chapter 78 of NRS. The articles of incorporation [shall] must contain the following additional information:

      (a) The profession to be practiced by means of the professional corporation.

      (b) The names and [residence] residential addresses of the original stockholders and directors of the professional corporation.

      (c) A certificate from the regulating board of the profession to be practiced showing that each of the stockholders and directors is duly licensed to practice such profession.

      2.  Notwithstanding the provisions of NRS 78.115, a professional corporation of fewer than four stockholders may have a board of directors of fewer than three members, but of at least one member.

      3.  The corporate name of a professional corporation [shall] must contain the words “Professional Corporation” or the abbreviation “Prof. Corp.,” or the word “Chartered” or “Limited” or the abbreviation “Ltd.” The corporate name [shall] must contain the last name of one or more of its stockholders. [; but the] The corporation may render professional services and exercise its authorized powers under a fictitious name [which is identical to its corporate name, except that the words or abbreviations set forth in the first sentence of this subsection as part of the name of the corporation may be omitted] if the corporation has first registered the name [to be so used] in the manner required under chapter 602 of NRS. [for the registration of fictitious names.]

      Sec. 2.  NRS 89.210 is hereby amended to read as follows:

      89.210  1.  Within 30 days following the organization of a professional association under this chapter the association shall file with the secretary of state a copy of the articles of association, duly executed, and shall pay at that time a filing fee of $25. Any such association formed as a common law association [prior to] before July 1, 1969, shall file, within 30 days of July 1, 1969, a certified copy of its articles of association, with any amendments thereto, with the secretary of state, and shall pay at that time a filing fee of $25. A copy of any amendments to the articles of association adopted after July 1, 1969, [shall] must also be filed with the secretary of state within 30 days after the adoption of such amendments. Each copy of amendments so filed [shall] must be certified as true and correct and [shall] be accompanied by a filing fee of $10.

      2.  The name of such a professional association [shall] must contain the words “Professional Association,” “Professional Organization” or the abbreviations “Prof. Ass’n” or “Prof. Org.” [If the association name contains the last name of one or more of its members the] The association may render professional services and exercise its authorized powers under a fictitious name [which is identical to its association name, except that the words or abbreviations set forth in the first sentence of this subsection as part of the name of the association may be omitted] if the association has first registered the name [to be so used] in the manner required under chapter 602 of NRS. [for the registration of fictitious names.]

 

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ê1979 Statutes of Nevada, Page 124ê

 

CHAPTER 80, SB 198

Senate Bill No. 198–Senators Jacobsen, Blakemore, Dodge, Glaser, Faiss and Neal

CHAPTER 80

AN ACT relating to the state fire marshal; restoring his office and amending his powers and duties; reorganizing the state fire marshal division of the department of commerce; making an appropriation; providing penalties; and providing other matters properly relating thereto.

 

[Approved March 22, 1979]

 

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

 

      Section 1.  Chapter 477 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      A fire chief or fire marshal designated by a local government which maintains an organized fire department may serve as a special deputy state fire marshal, without additional compensation. The special deputy state fire marshal shall carry out the provisions of this chapter in the jurisdiction of the local government.

      Sec. 2.  NRS 477.010 is hereby amended to read as follows:

      477.010  1.  The state fire marshal division is hereby established in the department of commerce.

      2.  The division consists of the fire protection and control section, [the factory-built housing section and the mobile home and travel trailer section.

      3.  The director of the department of commerce shall appoint the state fire marshal, who shall be in the unclassified service of the state.] the fire investigation section, the public education section and the fire data section.

      Sec. 3.  NRS 477.013 is hereby amended to read as follows:

      477.013  1.  The state fire marshal [is authorized to] may appoint, within the limits of legislative appropriations, an assistant, deputies and such staff as is necessary to the performance of his duties.

      2.  The assistant, deputies and additional personnel appointed by the state fire marshal are in the classified service of the state in accordance with the provisions of chapter 284 of NRS.

      Sec. 4.  NRS 477.015 is hereby amended to read as follows:

      477.015  The state fire marshal, his assistant and his deputies are not police officers or firemen for the purpose of early retirement under chapter 286 of NRS.

      Sec. 5.  NRS 477.020 is hereby amended to read as follows:

      477.020  1.  The state fire marshal’s advisory board, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint [members who are employed in the fire service within the state.] :

      (a) A licensed architect;

      (b) A chief of a volunteer fire department;

      (c) A chief of a full-time, paid fire department;

      (d) A professional engineer; and

      (e) The state forester firewarden,

to the board. No member other than the state forester firewarden may serve for more than two consecutive terms.


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ê1979 Statutes of Nevada, Page 125 (Chapter 80, SB 198)ê

 

      3.  The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.

      4.  The board shall meet at least twice each year or on the call of the chairman, the secretary or any three members.

      5.  The members of the board, except the state forester firewarden, are entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and all members are entitled to the per diem allowances and travel expenses provided by law.

      6.  The board shall make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of firefighting and fire protection. When requested to do so by the director of the department of commerce, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.

      Sec. 6.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  [The] Except as provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

      (a) Fire prevention.

      (b) The storage and use of combustibles, flammables, fireworks and explosives.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for the purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties having a population of less than 100,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.

      2.  [The fire chief or his designated representative in each incorporated or unincorporated city or town having an organized fire department shall have the powers and duties of a deputy state fire marshal with respect to enforcement of the laws and regulations described in subsection 1, and he shall enforce such laws and regulations without additional compensation.

      3.]  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.


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ê1979 Statutes of Nevada, Page 126 (Chapter 80, SB 198)ê

 

      [4.] 3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of [rules and] regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      [5.] 4.  The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      [6.  The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.]

      5.  The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.

      6.  The state fire marshal shall:

      (a) Investigate any fire which occurs in a county having a population of less than 100,000, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county having a population of 100,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state on or before January 1, 1984, and publish at least annually a summary of data collected under the system.

      8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for establishment of public education programs and other fire prevention activities.

      9.  The state fire marshal shall:

      (a) Assist in checking construction plans and specifications;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting local regulations and ordinances,

on request or as he deems necessary.

      10.  As used in this section, “population” is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 7.  NRS 477.033 is hereby amended to read as follows:

      477.033  1.  A license, issued by the state fire marshal, is required for [the servicing,] :

      (a) Servicing, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.

      (b) Use of explosives by qualified persons for commercial purposes.

      (c) Commercial fireworks displays.

      2.  Applications for licenses [shall] must be made on a form prescribed by the state fire marshal.


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ê1979 Statutes of Nevada, Page 127 (Chapter 80, SB 198)ê

 

      3.  The state fire marshal may conduct inspections, examinations or hearings [prior to] before the issuance of licenses.

      4.  The state fire marshal may charge a reasonable fee, to be fixed by regulation, for the inspection and issuance of licenses.

      5.  If any person is denied a license by the state fire marshal, [such person] he is entitled to a hearing, upon request, before the state fire marshal’s advisory board.

      Sec. 8.  NRS 477.035 is hereby amended to read as follows:

      477.035  1.  The state fire marshal shall:

      (a) Inspect or cause to be inspected annually, all state buildings and order such fire-extinguishing and safety appliances as he deems necessary for the protection of the property against fire.

      (b) Order the removal of combustibles and rubbish from the property, or order such changes in the entrances or exits of the buildings as will promote the safety of the [inmates,] occupants, or order the provision of such fire escapes as he may deem necessary.

      (c) Provide inspection forms and maintain records of inspections of state-owned or state-occupied buildings.

      2.  If the agency in charge of any state property fails to comply with the order of the state fire marshal for any structural change within 30 days after the receipt of such order, the fire marshal shall report such failure to the state public works board. The state public works board shall thereupon take necessary steps to correct the situation as ordered.

      3.  The state fire marshal may contract with local authorities for the inspection of state-owned or state-occupied buildings.

      Sec. 9.  NRS 477.037 is hereby amended to read as follows:

      477.037  The state fire marshal [may:] :

      1.  [Establish] Shall establish and maintain a library of publications, films, fire report data and other materials for the benefit of the fire service of the state [.] and the general public.

      2.  [Charge] May charge a reasonable fee for the use of the materials in the library.

      Sec. 10.  NRS 477.060 is hereby amended to read as follows:

      477.060  1.  Any person who knowingly violates the provisions of this chapter or any of the [rules or regulations promulgated] regulations adopted by the state fire marshal is guilty of a misdemeanor.

      2.  Each day on which a violation occurs is a separate offense.

      Sec. 11.  NRS 169.125 is hereby amended to read as follows:

      169.125  “Peace officer” includes:

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

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

      3.  Constables;

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

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

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

 


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ê1979 Statutes of Nevada, Page 128 (Chapter 80, SB 198)ê

 

commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;

      7.  Marshals and policemen of cities and towns;

      8.  Parole and probation officers;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      23.  Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.

      Sec. 12.  NRS 232.250 is hereby amended to read as follows:

      232.250  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, other than that of the state fire marshal, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations.


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ê1979 Statutes of Nevada, Page 129 (Chapter 80, SB 198)ê

 

and concurrence of such organizations. The director shall consult the state fire marshal’s advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the credit union division shall be known as the commissioner of credit unions, the chief of the housing division shall be known as the administrator of the housing division, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, the chief of the savings and loan division shall be known as the commissioner of savings associations and the chief of the state fire marshal division shall be known as the state fire marshal.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapters 319 and 645 of NRS, NRS 598.360 to 598.640, inclusive, and all other provisions of law relating to the functions of the divisions of the department.

      Sec. 13.  NRS 232.270 is hereby amended to read as follows:

      232.270  The chief of each of the divisions of the department shall:

      1.  [Except for the state fire marshal, be] Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

      2.  [Except for the state fire marshal, receive] Receive an annual salary in the amount determined pursuant to the provisions of NRS 284.182.

      3.  Administer the provisions of law relating to his division, subject to the administrative supervision of the director.

      4.  Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit, except for temporary and part-time teaching duties on a university campus.

      Sec. 14.  Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The board of county commissioners of any county which has a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may provide by ordinance for investigation of fires in which a death has occurred or which are of a suspicious origin, and for the enforcement of regulations adopted by the state fire marshal.

      Sec. 15.  1.  NRS 477.040 is hereby repealed.

      2.  Section 8.5 of chapter 575, Statutes of Nevada 1977, at page 1482, is hereby repealed.

      Sec. 16.  1.  The terms of the members of the state fire marshal’s advisory board who are serving on July 1, 1979, expire on that date.

      2.  The governor shall appoint to the state fire marshal’s advisory board four persons who are qualified under paragraphs (a) to (d), inclusive, of subsection 1 of NRS 477.020 to serve terms beginning on July 1, 1979, and ending as follows:

      (a) Two members to terms expiring on June 30, 1982.

      (b) Two members to terms expiring on June 30, 1981.


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ê1979 Statutes of Nevada, Page 130 (Chapter 80, SB 198)ê

 

      Sec. 17.  1.  There is hereby appropriated from the state general fund to the state fire marshal division of the department of commerce the sum of $32,071 for the support of that division.

      2.  After June 30, 1979, the unencumbered balance of the appropriation made in subsection 1 may not be encumbered and must revert to the state general fund.

      Sec. 18.  This act shall become effective upon passage and approval, and shall operate retrospectively from March 1, 1979. All acts done within the scope of the duties of the state fire marshal between March 1, 1979, and the effective date of this act by the state fire marshal or the commissioner of insurance are hereby ratified and validated. The continued employment and compensation of the state fire marshal and his subordinates are hereby ratified, and each of them shall be deemed to have remained in his position without interruption for the purposes of industrial insurance, public employees’ retirement and all other benefits enjoyed by them respectively as employees of the state before March 1, 1979.

 

________

 

 

CHAPTER 81, AB 183

Assembly Bill No. 183–Committee on Judiciary

CHAPTER 81

AN ACT relating to subpenas; providing a method for witnesses to accept delivery of certain subpenas in lieu of service; clarifying that failure to obey a district attorney’s subpena is contempt of court; and providing other matters properly relating thereto.

 

[Approved March 22, 1979]

 

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

 

      Section 1.  NRS 174.315 is hereby amended to read as follows:

      174.315  1.  The district attorney may issue subpenas subscribed by him for:

      [1.]  (a) Witnesses within the state, in support of the prosecution or whom the grand jury may direct to appear before it, upon any investigation pending before the grand jury.

      [2.]  (b) Witnesses within the state, in support of an indictment, information or criminal complaint, to appear before the court at which it is to be tried.

      [3.]  (c) Witnesses already subpenaed who are required to reappear in any justice’s court at any time the court is to reconvene in the same case within 60 days, and such time may be extended beyond 60 days upon good cause being shown for its extension.

      2.  Witnesses, whether within or without the state, may accept delivery of a subpena in lieu of service, by a written promise to appear signed by the witness.

      Sec. 2.  NRS 174.385 is hereby amended to read as follows:

      174.385  [1.]  Failure by any person without adequate excuse to obey a subpena of a court or a district attorney served upon him [may] or, in the case of a subpena issued by a district attorney, delivered to him and accepted, shall be deemed a contempt of the court from which the subpena issued [.]


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ê1979 Statutes of Nevada, Page 131 (Chapter 81, AB 183)ê

 

or, in the case of a subpena issued by a district attorney, delivered to him and accepted, shall be deemed a contempt of the court from which the subpena issued [.] or, in the case of a subpena issued by a district attorney, of the court in which the investigation is pending or the indictment, information or complaint is to be tried.

      [2.  A witness disobeying a subpena issued on the part of a defendant shall also forfeit to the defendant the sum of $100, which may be recovered in a civil action, unless good cause can be shown for his nonattendance.]

 

________

 

 

CHAPTER 82, AB 13

Assembly Bill No. 13–Assemblymen Mello, Weise, Barengo, Bremner, Westall, Harmon, Wagner, Coulter, Dini, Glover, Rusk, Webb, Mann, Price, Getto, Hayes, Sena, Jeffrey, Vergiels, Horn, Hickey, Robinson, Banner, Bedrosian, Prengaman, Rhoads, Craddock, Fielding, FitzPatrick, Brady, Stewart, Bennett, Tanner and Chaney

CHAPTER 82

AN ACT relating to elections; prescribing the order in which offices and questions must be set out on ballots for general election; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 293.268 is hereby amended to read as follows:

      293.268  The offices for which there are candidates [and] , the names of the candidates therefor, [shall be listed in the order in which they are certified by the secretary of state. Such offices and names shall be followed by the county and other offices for which there are candidates with the names of the candidates for such offices listed in alphabetical order. The secretary of state may, by regulation, set standards for the placement of county and township offices.] and the questions to be voted upon must be printed on ballots in the following order:

      1.  President and Vice President of the United States.

      2.  United States Senator and Representative in Congress, in that sequence.

      3.  Governor, lieutenant governor, secretary of state, treasurer, controller and attorney general, in that sequence.

      4.  State senators and assemblymen.

      5.  County and township partisan offices.

      6.  Statewide nonpartisan offices.

      7.  District nonpartisan offices.

      8.  Township nonpartisan offices.

      9.  Questions presented to the voters of the state.

      10.  Questions presented only to the voters of a special district or political subdivision of the state.

 

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ê1979 Statutes of Nevada, Page 132ê

 

CHAPTER 83, AB 55

Assembly Bill No. 55–Committee on Taxation

CHAPTER 83

AN ACT relating to property taxation; abolishing the requirement of an annual claim of exemption for fraternities and sororities at the University of Nevada from the property tax; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 361.100 is hereby amended to read as follows:

      361.100  1.  All real property owned by any fraternity or sorority, or chapter thereof, [when the same] which is composed of students of the University of Nevada, Reno, or the University of Nevada, Las Vegas, and used as a home for its members [, shall be] is exempt from taxation.

      2.  After an initial claim for a tax exemption authorized by subsection 1 has been filed as provided in NRS 361.155, no further claim for the tax exemption need be filed by any claimant with the county assessor. No county assessor may demand that a further claim for such a tax exemption be filed with him as a condition precedent to his allowing the exemption.

      3.  Whenever any exempt property is sold or ceases to be exempt from taxation by reason of the provisions of subsection 1 of NRS 361.157 or 361.159, the owner thereof shall forthwith notify the county assessor of such fact.

      Sec. 2.  NRS 361.125 is hereby amended to read as follows:

      361.125  1.  Churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned, [shall be] are exempt from taxation; but when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the [same shall] property must be taxed.

      2.  [Notwithstanding the provisions of NRS 361.155 or any other law, after] After an initial claim for a tax exemption authorized by subsection 1 has been filed as provided in NRS 361.155, no further claim for tax exemption need be filed by any claimant with the county assessor. No county assessor may demand that a further claim for such a tax exemption be filed with him as a condition precedent before allowing such tax exemption.

      3.  Whenever any [property] exempt property is sold or ceases to be exempt from taxation by reason of the provisions of subsection 1 of NRS 361.157 or 361.159, the owner thereof shall forthwith notify the county assessor of such fact.

      Sec. 3.  NRS 361.155 is hereby amended to read as follows:

      361.155  [All] Except as otherwise provided for a specific exemption, all claims for tax exemptions on real property [shall] must be filed on or before the 1st Monday in August of the year for which the exemption is claimed. All exemptions provided for under this chapter apply on a fiscal year basis and any exemption granted under this chapter [shall] must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.


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ê1979 Statutes of Nevada, Page 133 (Chapter 83, AB 55)ê

 

apply on a fiscal year basis and any exemption granted under this chapter [shall] must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

 

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CHAPTER 84, AB 76

Assembly Bill No. 76–Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey

CHAPTER 84

AN ACT relating to transportation; providing for uniformity in the standards employed by the public service commission of Nevada in regulating the charges and practices of motor carriers; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 706.331 is hereby amended to read as follows:

      706.331  1.  If, upon any hearing and after due investigation, the rates, tolls, fares, charges, schedules, tariffs, [or] joint rates [are found to be unjust, unreasonably or unjustly discriminatory, or to be preferential, or otherwise in violation of any of the provisions of this chapter, the commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges, tariffs or schedules as are just and reasonable.

      2.  If in like manner it is found that] or any regulation, measurement, practice, act or service complained of is found to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it is found that the service is inadequate, or that any reasonable service cannot be obtained, the commission [shall have the power to] may substitute therefor such other rates, tolls, fares, charges, tariffs, schedules or regulations, measurements, practices, service or acts and make such order relating thereto as may be just and reasonable.

      [3.]2.  When complaint is made of more than one [rate, charge or practice,] matter, the commission may [, in its discretion,] order separate hearings upon the several matters complained of [and] at such times and places as it may prescribe.

      [4.]3.  No complaint [shall] may at any time be dismissed because of the absence of direct damage to the complainant.

      [5.]4.  The commission may at any time, upon its own motion, investigate any of the [rates, tolls, charges, rules, regulations, practices and service,] matters listed in subsection 1, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint has been made.

 

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ê1979 Statutes of Nevada, Page 134ê

 

CHAPTER 85, AB 115

Assembly Bill No. 115–Committee on Judiciary

CHAPTER 85

AN ACT relating to child custody; adopting the Uniform Child Custody Jurisdiction Act; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  Title 11 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 26, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Child Custody Jurisdiction Act.

      Sec. 3.  The general purposes of this chapter are to:

      1.  Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from to state to state with harmful effects on their well-being;

      2.  Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child;

      3.  Assure that litigation concerning the custody of a child take place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training and personal relationships is most readily available, and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another state;

      4.  Discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child;

      5.  Deter abductions and other unilateral removals of children undertaken to obtain custody awards;

      6.  Avoid relitigation of custody decisions of other states in this state insofar as feasible;

      7.  Facilitate the enforcement of custody decrees of other states;

      8.  Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child; and

      9.  Make uniform the law of those states which enact it.

This chapter shall be construed to promote the general purposes stated in this section.

      Sec. 4.  As used in this chapter:

      1.  “Contestant” means a person, including a parent, or an Indian child’s tribe as defined by the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), who claims a right to custody or visitation rights with respect to a child.

      2.  “Custody determination” means a court decision and court orders and instructions providing for the custody of a child, including visitation rights. It does not include a decision relating to child support or any other monetary obligation of any person.


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ê1979 Statutes of Nevada, Page 135 (Chapter 85, AB 115)ê

 

      3.  “Custody proceeding” includes proceedings in which a custody determination is one of several issues, such as an action for divorce or separation, and includes child neglect and dependency proceedings.

      4.  “Decree” or “custody decree” means a custody determination contained in a judicial decree or order made in a custody proceeding.

      5.  “Home state” means the state in which the child immediately preceding the time involved lived with his parents, a parent, or a person acting as parent, for at least 6 consecutive months, and in the case of a child less than 6 months old the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the 6-month or other period.

      6.  “Initial decree” means the first custody decree concerning a particular child.

      7.  “Modifying decree” means a custody decree which modifies or replaces a prior decree, whether made by the court which rendered the prior decree or by another court.

      8.  “Person acting as parent” means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody.

      9.  “Physical custody” means actual possession and control of a child.

      10.  “State” means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia, or an Indian tribe in situations where the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.) applies.

      Sec. 5.  1.  A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modifying decree if:

      (a) This state:

             (1) Is the home state of the child at the time of commencement of the proceeding; or

             (2) Had been the child’s home state within 6 months before commencement of the proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state;

      (b) It is in the best interest of the child that a court of this state assume jurisdiction because:

             (1) The child and his parents, or the child and at least one contestant, have a significant connection with this state; and

             (2) There is available in this state substantial evidence concerning the child’s present or future care, protection, training and personal relationships;

      (c) The child is physically present in this state and:

             (1) The child has been abandoned; or

             (2) It is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected;

      (d) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (a), (b) or (c), or another state has declined to exercise jurisdiction on the ground that his state is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that this court assume jurisdiction; or

 


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ê1979 Statutes of Nevada, Page 136 (Chapter 85, AB 115)ê

 

state is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that this court assume jurisdiction; or

      (e) The child is not subject to the exclusive jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).

      2.  Except under paragraphs (c) and (d) of subsection 1, physical presence in this state of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this state to make a child custody determination.

      3.  Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody.

      Sec. 6.  Before making a decree under this chapter, reasonable notice and opportunity to be heard must be given to the contestants, any parent whose parental rights have not been previously terminated, and any person who has physical custody of the child. If any of these persons is outside this state, notice and opportunity to be heard must be given pursuant to section 7 of this act.

      Sec. 7.  Unless the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.) applies and imposes a different requirement:

      1.  Notice required for the exercise of jurisdiction over a person outside this state must be given in a manner reasonably calculated to give actual notice, and may be:

      (a) By personal delivery outside this state in the manner prescribed for service of process within this state;

      (b) In the manner prescribed by the law of the place in which the service is made for service of process in that place in an action in any of its courts of general jurisdiction;

      (c) By any form of mail addressed to the person to be served and requesting a receipt; or

      (d) As directed by the court, including publication if other means of notification are ineffective.

      2.  Notice under this section must be served, mailed, delivered or last published at least 20 days before any hearing in this state.

      3.  Proof of service outside this state may be made by affidavit of the person who made the service, or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made. If service is made by mail, proof may be a receipt signed by the addressee or other evidence of delivery to the addressee.

      4.  Notice is not required if a person submits to the jurisdiction of the court.

      Sec. 8.  1.  A court of this state shall not exercise its jurisdiction under this chapter if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction Act or the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), unless the proceeding is stayed by the court of the other state because this state is a more appropriate forum or for other reasons.


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ê1979 Statutes of Nevada, Page 137 (Chapter 85, AB 115)ê

 

      2.  Before hearing the petition in a custody proceeding the court shall examine the pleadings and other information supplied by the parties under section 11 of this act and shall consult the child custody registry established under section 18 of this act concerning the pendency of proceedings with respect to the child in other states. If the court has reason to believe that proceedings may be pending in another state it shall direct an inquiry to the state court administrator or other appropriate official of the other state.

      3.  If the court is informed during the course of the proceeding that a proceeding concerning the custody of the child was pending in another state before the court assumed jurisdiction it shall stay the proceeding and communicate with the court in which the other proceeding is pending to the end that the issue may be litigated in the more appropriate forum and that information be exchanged in accordance with sections 21 to 24, inclusive, of this act. If a court of this state has made a custody decree before being informed of a pending proceeding in a court of another state it shall immediately inform that court of the fact. If the court is informed that a proceeding was commenced in another state after it assumed jurisdiction it shall likewise inform the other court to the end that the issues may be litigated in the more appropriate forum.

      Sec. 9.  1.  A court which has jurisdiction under this chapter to make an initial or modifying decree may decline to exercise its jurisdiction any time before making a decree if it finds that it is an inappropriate forum to make a custody determination under the circumstances of the case and that a court of another state is a more appropriate forum.

      2.  A finding of inappropriate forum may be made upon the court’s own motion or upon motion of a party or a guardian ad litem or other representative of the child.

      3.  In determining whether it is an inappropriate forum, the court shall consider if it is in the interest of the child that another state assume jurisdiction. For this purpose it may take into account the following factors, among others:

      (a) Whether another state is or recently was the child’s home state;

      (b) Whether another state has a closer connection with the child and his family or with the child and one or more of the contestants;

      (c) Whether substantial evidence concerning the child’s present or future care, protection, training and personal relationships is more readily available in another state;

      (d) Whether the parties have agreed on another forum which is no less appropriate; and

      (e) Whether the exercise of jurisdiction by a court of this state would contravene any of the purposes stated in section 3 of this act.

      4.  Before determining whether to decline or retain jurisdiction the court may communicate with a court of another state and exchange information pertinent to the assumption of jurisdiction by either court with a view to assuring that jurisdiction will be exercised by the more appropriate court and that a forum will be available to the parties.

      5.  If the court finds that it is an inappropriate forum and that a court of another state is a more appropriate forum, it may dismiss the proceedings, or it may stay the proceedings upon condition that a custody proceeding be promptly commenced in another named state or upon any other conditions which may be just and proper, including the condition that a moving party stipulate his consent and submission to the jurisdiction of the other forum.


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ê1979 Statutes of Nevada, Page 138 (Chapter 85, AB 115)ê

 

proceeding be promptly commenced in another named state or upon any other conditions which may be just and proper, including the condition that a moving party stipulate his consent and submission to the jurisdiction of the other forum.

      6.  The court may decline to exercise its jurisdiction under this chapter if a custody determination is incidental to an action for divorce or another proceeding while retaining jurisdiction over the divorce or other proceeding.

      7.  The court shall transfer the proceeding pursuant to the provisions of the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.) where those provisions so require.

      8.  If it appears to the court that it is clearly an inappropriate forum it may require the party who commenced the proceedings to pay, in addition to the costs of the proceedings in this state, necessary travel and other expenses, including attorney’s fees, incurred by other parties or their witnesses. Payment is to be made to the clerk of the court for remittance to the proper party.

      9.  Upon dismissal or stay of proceedings under this section the court shall inform the court found to be the more appropriate forum of this fact or, if the court which would have jurisdiction in the other state is not certainly known, shall transmit the information to the court administrator or other appropriate official for forwarding to the appropriate court.

      10.  Any communication received from another state informing this state of a finding of inappropriate forum because a court of this state is the more appropriate forum shall be filed in the custody registry of the appropriate court. Upon assuming jurisdiction the court of this state shall inform the original court of this fact.

      Sec. 10.  1.  If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstances.

      2.  Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may decline to exercise its jurisdiction if this is just and proper under the circumstances.

      3.  In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorney’s fees, incurred by other parties or their witnesses.

      Sec. 11.  1.  Every party in a custody proceeding in his first pleading or in an affidavit attached to that pleading shall give information under oath as to the child’s present address, the places where the child has lived within the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. In this pleading or affidavit every party shall further declare under oath whether:


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ê1979 Statutes of Nevada, Page 139 (Chapter 85, AB 115)ê

 

      (a) He has participated as a party, witness or in any other capacity in any other litigation concerning the custody of the same child in this or any other state;

      (b) He has information of any custody proceeding concerning the child pending in a court of this or any other state; and

      (c) He knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child.

      2.  If the declaration as to any of the above items is in the affirmative the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the court’s jurisdiction and the disposition of the case.

      3.  Each party has a continuing duty to inform the court of any custody proceeding concerning the child in this or any other state of which he obtained information during this proceeding.

      Sec. 12.  Whenever the court learns that a person not a party to the custody proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child, it shall order that person to be joined as a party and to be duly notified of the pendency of the proceeding and of his joinder as a party. If the person joined as a party is outside this state he must be served with process or otherwise notified in accordance with section 7 of this act.

      Sec. 13.  1.  The court may order any party to the proceeding who is in this state to appear personally before the court. If that party has physical custody of the child the court may order that he appear personally with the child.

      2.  If the party who is ordered to appear with the child cannot be served or fails to obey the order, or it appears the order will be ineffective, the court may issue a warrant of arrest against that party to secure his appearance with the child.

      3.  If a party to the proceeding whose presence is desired by the court is outside this state with or without the child the court may order that the notice given under section 7 of this act include a statement directing that party to appear personally with or without the child and declaring that failure to appear may result in a decision adverse to that party.

      4.  If a party to the proceeding who is outside this state is directed to appear under subsection 3, or desires to appear personally before the court with or without the child, the court may require another party to pay the clerk of the court travel and other necessary expenses of the party so appearing and of the child if this is just and proper under the circumstances.

      Sec. 14.  A custody decree rendered by a court of this state which had jurisdiction under section 5 of this act binds all parties who have been served in this state or notified in accordance with section 7 of this act or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to these parties the custody decree is conclusive as to all issues of law and fact decided and as to the custody determination made until that determination is modified pursuant to law, including the provisions of this chapter.


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ê1979 Statutes of Nevada, Page 140 (Chapter 85, AB 115)ê

 

      Sec. 15.  The courts of this state shall recognize and enforce an initial or modifying decree of a court of another state which had assumed jurisdiction under statutory provisions substantially in accordance with the Uniform Child Custody Jurisdiction Act, or the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), or which was made under factual circumstances meeting the jurisdictional standards of those acts, so long as this decree has not been modified in accordance with jurisdictional standards substantially similar to those of those acts.

      Sec. 16.  1.  If a court of another state has made a custody decree, a court of this state shall not modify that decree unless:

      (a) It appears to the court of this state that the court which rendered the decree does not now have jurisdiction under jurisdictional prerequisites substantially in accordance with the Uniform Child Custody Jurisdiction Act, or the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), or has declined to assume jurisdiction to modify the decree; and

      (b) The court of this state has jurisdiction.

      2.  If a court of this state is authorized under subsection 1 and section 10 of this act to modify a custody decree of another state it shall give due consideration to the transcript of the record and other documents of all previous proceedings submitted to it in accordance with section 24 of this act.

      Sec. 17.  1.  A certified copy of a custody decree of another state may be filed in the office of the clerk of any district court of this state. The clerk shall treat the decree in the same manner as a custody decree of the district court of this state. A custody decree so filed has the same effect and must be enforced in like manner as a custody decree rendered by a court of this state.

      2.  A person violating a custody decree of another state which makes it necessary to enforce the decree in this state may be required to pay necessary travel and other expenses, including attorney’s fees, incurred by the party entitled to the custody or his witnesses.

      Sec. 18.  The clerk of each district court shall maintain a registry in which he shall enter the following:

      1.  Certified copies of custody decrees of other states received for filing;

      2.  Communications as to the pendency of custody proceedings in other states;

      3.  Communications concerning a finding of inappropriate or inconvenient forum by a court of another state; and

      4.  Other communications or documents concerning custody proceedings in another state which may affect the jurisdiction of a court of this state or the disposition to be made by it in a custody proceeding.

      Sec. 19.  The clerk of the district court of this state, at the request of the court of another state or at the request of any person who is affected by or has a legitimate interest in a custody decree, shall certify and forward a copy of the decree to that court or person.

      Sec.20.  In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may examine witnesses, including parties and the child, by deposition or otherwise, in another state. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the terms upon which the testimony shall be taken.


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ê1979 Statutes of Nevada, Page 141 (Chapter 85, AB 115)ê

 

may direct that the testimony of a person be taken in another state and may prescribe the terms upon which the testimony shall be taken.

      Sec. 21.  1.  A court of this state may request the appropriate court of another state:

      (a) To hold a hearing to adduce evidence, to order a party to produce or give evidence under other procedures of that state, or to have social studies made with respect to the custody of a child involved in proceedings pending in the court of this state; and

      (b) To forward to the court of this state certified copies of the transcript of the record of the hearing, the evidence otherwise adduced, or any social studies prepared in compliance with the request.

The cost of the services may be assessed against the parties or, if necessary, ordered paid by the county.

      2.  A court of this state may request the appropriate court of another state to order a party to custody proceedings pending in the court of this state to appear in the proceedings, and if that party has physical custody of the child, to appear with the child. The request may state that travel and other necessary expenses of the party and of the child whose appearance is desired will be assessed against another party or will otherwise be paid.

      Sec. 22.  1.  Upon request of the court of another state the courts of this state which are competent to hear custody matters may order a person in this state to appear at a hearing to adduce evidence or to produce or give evidence under other procedures available in this state. A certified copy of the transcript of the record of the hearing or the evidence otherwise adduced shall be forwarded by the clerk of the court to the requesting court.

      2.  A person within this state may voluntarily give his testimony or statement in this state for use in a custody proceeding outside this state.

      3.  Upon request of the court of another state a competent court of this state may order a person in this state to appear alone or with the child in a custody proceeding in another state. The court may condition compliance with the request upon the condition that travel and other necessary expenses will be advanced or reimbursed.

      Sec. 23.  In any custody proceeding in this state the court shall preserve the pleadings, orders and decrees, any record that has been made of its hearings, social studies and other pertinent documents until the child reaches 18 years of age. Upon appropriate request of the court of another state the court shall forward to the other court certified copies of any or all of these documents.

      Sec. 24.  If a custody decree has been rendered in another state concerning a child involved in a custody proceeding pending in a court of this state, the court of this state upon taking jurisdiction of the case shall request of the court of the other state a certified copy of the transcript of any court record and other documents mentioned in section 23.

      Sec. 25.  The general policies of this chapter extend to other nations. The provisions of this chapter relating to the recognition and enforcement of custody decrees of other states apply to custody decrees and decrees involving legal institutions similar in nature to custody institutions rendered by appropriate authorities of other nations if reasonable notice and opportunity to be heard were given to all affected persons.


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ê1979 Statutes of Nevada, Page 142 (Chapter 85, AB 115)ê

 

rendered by appropriate authorities of other nations if reasonable notice and opportunity to be heard were given to all affected persons.

      Sec. 26.  Upon the request of a party to a custody proceeding which raises a question of existence or exercise of jurisdiction under this chapter, the issue of jurisdiction shall be given calendar priority and handled expeditiously.

      Sec. 27.  NRS 125.050 is hereby amended to read as follows:

      125.050  If, after the filing of the complaint, it [shall be] is made to appear probable to the court [or judge] that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning the property or pecuniary interest, [an order shall be made for the prevention thereof, to be enforced as such preliminary orders are enforced respecting children as provided in NRS 125.060.] the court shall make such restraining order or other order as appears necessary to prevent the act or conduct and preserve the status quo pending final determination of the cause.

      Sec. 28.  NRS 125.060 is hereby amended to read as follows:

      125.060  1.  When, at the commencement or during the pendency of the suit or proceedings for modification of decree, it [shall be] is made to appear to the court [, or to the judge, that any child of the wife, whether she be plaintiff or defendant, which is too young to dispense with the care of its mother, or other female, has been, or is likely to be, taken or detained from her, or] that any child of either party has been, or is likely to be, taken, or removed [, by, or at the instance of, the other party,] out of the [country,] state, or concealed within the [same,] state, the court [or judge] shall forthwith order such child to be produced before [him,] it, and [then to] make such disposition of the [same,] child’s custody, during the pendency of the suit, as [shall appear] appears most advantageous to [such] the child, and most likely to secure to it the benefit of the final order to be made in its behalf.

      2.  All such orders may be enforced [, and made effectual, by attachment, commitment and requiring security for obedience thereto, or by other means, according to the usages of courts, and to the circumstances of the case.] as provided by subsection 2 of section 13 of this act.

      Sec. 29.  NRS 125.140 is hereby amended to read as follows:

      125.140  1.  The court [,] in granting a divorce [,] shall make such disposition of [,] and provision for [,] the children [,] as [shall appear most expedient under all the circumstances, and most for the] appears in the best interests of their present comfort and future well-being. [of such children.]

      2.  In actions for divorce the court may: [, during]

      (a) During the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance and support of such minor children as [may seem] seems necessary or proper [,] ; and [may at]

      (b) At any time modify or vacate [the same,] its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.

The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection.


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ê1979 Statutes of Nevada, Page 143 (Chapter 85, AB 115)ê

 

court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      3.  All orders authorized by subsection 2 shall be made in accordance with the provisions of sections 2 to 26, inclusive, of this act.

      4.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered under this section [shall cease] ceases upon the death of the person to whom such order was directed.

 

________

 

 

CHAPTER 86, AB 229

Assembly Bill No. 229–Assemblymen Hayes, Sena, Wagner, Cavnar, Getto, Horn, Malone and Stewart

CHAPTER 86

AN ACT relating to missing persons; removing an implication that such persons are males only; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 156.040 is hereby amended to read as follows:

      156.040  In appointing such trustee, the court shall prefer the [wife] spouse of the missing person, or [her] the spouse’s nominee, and, in the absence of a [wife,] spouse, some relative of the missing person.

 

________

 

 

CHAPTER 87, AB 244

Assembly Bill No. 244–Assemblymen Hayes, Stewart and Malone

CHAPTER 87

AN ACT relating to the compromising of claims of minors; removing distinctions based on sex from NRS 41.200; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 41.200 is hereby amended to read as follows:

      41.200  1.  Where a minor [shall have] has a disputed claim for money against a third person, [the father, or if the father be dead or the parents of the minor are living separate and apart and the mother has care or custody of the minor, then the mother of the minor,] either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of [such] the minor has been appointed, then [such] that guardian, [shall have] has the right to compromise [such] the claim.


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ê1979 Statutes of Nevada, Page 144 (Chapter 87, AB 244)ê

 

the estate of [such] the minor has been appointed, then [such] that guardian, [shall have] has the right to compromise [such] the claim. [, but before the compromise shall be valid or of any effect the same shall be] Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or [in the event that] if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court. If the court approves [such] the compromise, the [district] court may direct the money to be paid to the father, mother or guardian of such minor, with or without the filing of any bond, or it may require a general guardian or guardian ad litem to be duly appointed and the money to be paid to [such] the guardian or guardian ad litem with or without a bond as in the discretion of the court seems to be in the best interests of the minor.

      2.  The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the [same] petition upon the calendar to be heard by the court.

 

________

 

 

CHAPTER 88, AB 245

Assembly Bill No. 245–Assemblymen Hayes, Coulter, Westall, Wagner, Getto, Sena, Horn and Stewart

CHAPTER 88

AN ACT relating to the support of families of decedents; removing distinctions between widows and widowers as to rights of support; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 146.010 is hereby amended to read as follows:

      146.010  Except as provided in NRS 125.140, when any person [shall die,] dies leaving a [widow] surviving spouse or a minor child or children, the [widow,] surviving spouse, child or children [shall be] are entitled to remain in possession of the homestead and of all the wearing apparel and provisions on hand of the family, and all of the household furniture, and [shall also be] are also entitled to a reasonable provision for their support, to be allowed by the [district judge at chambers or in court.] court.

      Sec. 2.  NRS 146.030 is hereby amended to read as follows:

      146.030  1.  If the whole property exempt by law [be] is set apart and [should not be] is not sufficient for the support of the [widow,] surviving spouse, child or children, the [district] court [or judge] shall make such reasonable allowance out of the estate as [shall be] is necessary for the maintenance of the family according to their circumstances during the progress of the settlement of the estate, which, in case of an insolvent estate, shall not be longer than 1 year after granting letters of administration.


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ê1979 Statutes of Nevada, Page 145 (Chapter 88, AB 245)ê

 

      2.  If the [widow] surviving spouse or any minor child has a reasonable maintenance derived from other property, and there are other persons entitled to a family allowance, the allowance shall be granted only to those who have not such maintenance, or such allowance may be apportioned in such manner as may be just.

 

________

 

 

CHAPTER 89, AB 246

Assembly Bill No. 246–Assemblymen Hayes and Coulter

CHAPTER 89

AN ACT relating to criminal responsibility; removing a special provision for married women; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 194.010 is hereby amended to read as follows:

      194.010  All persons are liable to punishment except those belonging to the following classes:

      1.  Children under the age of 8 years.

      2.  Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.

      3.  Idiots.

      4.  Lunatics and insane persons.

      5.  Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.

      6.  Persons who committed the act charged without being conscious thereof.

      7.  Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.

      8.  [Married women, unless the crime be punishable with death, acting under the threats, command or coercion of their husbands; provided, it appear, from all the facts and circumstances of the case, that violent threats, command or coercion were used.

      9.] Persons, unless the crime [be] is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.

 

________

 

 


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ê1979 Statutes of Nevada, Page 146ê

 

CHAPTER 90, AB 253

Assembly Bill No. 253–Assemblymen Prengaman, Mann, Brady, Coulter, Sena, Polish, Banner, Fitzpatrick, Malone, Hayes, Price, Bergevin, Marvel, Fielding, Stewart, Wagner, Robinson, Horn, Craddock, Rusk, Hickey, Chaney, Bennett, Tanner, Cavnar, May, Westall, Harmon, Rhoads, Dini, Jeffrey, Vergiels, Getto, Bedrosian, Bremner, Glover, Weise, Barengo, Mello and Webb

CHAPTER 90

AN ACT relating to facilities of the division of mental hygiene and mental retardation of the department of human resources; providing the authority to establish and operate canteens for the benefit of clients and employees; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  Chapter 435 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The administrative officer of any division facility where mentally retarded persons reside may establish a canteen operated for the benefit of clients and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.

      2.  Each canteen must be self-supporting. No money provided by the state may be used for its operation.

      3.  The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.

 

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CHAPTER 91, AB 259

Assembly Bill No. 259–Assemblymen Hayes, Westall, Wagner, Getto, Horn and Stewart

CHAPTER 91

AN ACT relating to partnerships; extending provision for annuity to both widows and widowers; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 87.070 is hereby amended to read as follows:

      87.070  In determining whether a partnership exists, these rules [shall] apply:

      1.  Except as provided by NRS 87.160 persons who are not partners as to each other are not partners as to third persons.

      2.  Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such coowners do or do not share any profits made by the use of the property.


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ê1979 Statutes of Nevada, Page 147 (Chapter 91, AB 259)ê

 

      3.  The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived.

      4.  The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference [shall] may be drawn if such profits were received in payment:

      (a) As a debt by installments or otherwise,

      (b) As wages of an employee or rent to a landlord,

      (c) As an annuity to a [widow] surviving spouse or representative of a deceased partner,

      (d) As interest on a loan, though the amount of payment vary with the profits of the business,

      (e) As the consideration for the sale of a good will of a business or other property by installments or otherwise.

 

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CHAPTER 92, AB 345

Assembly Bill No. 345–Assemblymen Glover and Bergevin

CHAPTER 92

AN ACT to amend an act entitled “An Act relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto,” approved April 1, 1969, as amended.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  The above-entitled act, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 2 thereof a new section to be designated as section 2.275, which shall immediately follow section 2.270 and shall read as follows:

 

       Sec. 2.275  Power of board: Water project.

       1.  The board may at any time or from time to time acquire, improve, equip, operate and maintain a water project within or without or both within and without Carson City.

       2.  As used in subsection 1, “water project” means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, powerplants, waterwork plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).


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

ê1979 Statutes of Nevada, Page 148 (Chapter 92, AB 345)ê

 

syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).

 

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

 

________

 

 

CHAPTER 93, AB 351

Assembly Bill No. 351–Committee on Government Affairs

CHAPTER 93

AN ACT relating to the public service commission; removing the requirement for prior approval by the state board of examiners and removing an obsolete provision respecting the attendance of public service commissioners at certain hearings; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 703.220 is hereby amended to read as follows:

      703.220  [1.] The commission may confer, by correspondence, with [the railroad commissioners of other states] persons empowered in other states to regulate railroads and with the Interstate Commerce Commission on any matters relating to railroads, and may attend hearings involving Nevada rates before the Interstate Commerce Commission outside the state. [After securing written approval of the state board of examiners.

      2.  All necessary expenses incurred in attending such hearings shall be a charge against the state, and shall be audited and paid as other state claims are paid. All such claims shall be sworn to by the commissioner incurring the expense and shall be approved by the chairman.]

 

________

 

 

CHAPTER 94, AB 352

Assembly Bill No. 352–Committee on Government Affairs

CHAPTER 94

AN ACT relating to the public service commission; consolidating certain provisions of NRS regarding the public service commission regulatory fund; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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 a new section which shall read as follows:


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

ê1979 Statutes of Nevada, Page 149 (Chapter 94, AB 352)ê

 

      1.  The public service commission regulatory fund is hereby created as a special revenue fund. All money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund.

      2.  Money in the fund may be used only to defray the costs of:

      (a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.

      (b) Participating in all rate cases involving those persons.

      (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

      (d) The salaries, travel expenses and subsistence allowances of the members of the commission.

      3.  All claims against the fund must be paid as other claims against the state are paid.

      4.  The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.

      Sec. 2.  NRS 706.211 is hereby amended to read as follows:

      706.211  [1.  All moneys] All money collected by the department under the provisions of NRS 706.011 to 706.861, inclusive, [shall] must be deposited [with] in the state [treasurer] treasury for credit to the motor vehicle fund. Except as otherwise provided in NRS 482.180 and this chapter, all [moneys] money collected under the provisions of NRS 706.011 to 706.861, inclusive, [shall] must be used for the construction, maintenance and repair of the public highways of this state.

      [2.  All moneys collected by the commission pursuant to the provisions of this chapter shall be deposited in the state treasury to the credit of the public service commission regulatory fund.]

      Sec. 3.  NRS 704.675 is hereby amended to read as follows:

      704.675  Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying such services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the commission for the purposes of NRS 704.033, [to 704.039, inclusive,] 704.035, 704.180, 704.330, 704.350 to [704.410, inclusive, and] 704.430, inclusive, but shall not be subject to any other jurisdiction, control and regulation of the commission or to the provisions of any section not specifically mentioned in this section.

      Sec. 4.  NRS 704.037 and 704.039 are hereby repealed.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 150ê

 

CHAPTER 95, SB 74

Senate Bill No. 74–Committee on Commerce and Labor

CHAPTER 95

AN ACT relating to county hospitals; providing that dentists may be members of the staff of physicians of a county hospital; removing dentistry from the list of allied health professions; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 450.005 is hereby amended to read as follows:

      450.005  As used in this chapter, unless the context otherwise requires, “allied health profession” means:

      1.  [Dentistry as defined in chapter 631 of NRS;

      2.]  Psychology as defined in chapter 641 of NRS;

      [3.]2.  Podiatry as defined in chapter 635 of NRS; or

      [4.]3.  Traditional Oriental medicine as defined in chapter 634A of NRS.

      Sec. 2.  NRS 450.430 is hereby amended to read as follows:

      450.430  1.  In the management of the public hospital, no discrimination [shall] may be made against physicians or dentists licensed under the laws of Nevada or duly licensed practitioners of the allied health professions, and all such physicians, dentists and practitioners [shall] have privileges in treating patients in the hospital in accordance with their training and ability, except that practitioners of the allied health professions [shall] may not be members of the staff of physicians described in NRS 450.440. Practitioners of the allied health professions [shall be] are subject to the bylaws [, rules] and regulations established by the board of hospital trustees. [pursuant to NRS 450.160.]

      2.  The patient [shall have] has the right to employ, at his own expense, his own physician, if such physician is a member of the hospital staff, or nurse, and when acting for any patient in such hospital the physician employed by such patient [shall have] has charge of the care and treatment of [such] the patient; and nurses therein [shall] are as to such patient [be] subject to the directions of such physician, subject always to [such general rules and regulations as shall be] the general regulations established by the board of hospital trustees. [under the provisions of NRS 450.010 to 450.510, inclusive.]

      Sec. 3.  NRS 450.440 is hereby amended to read as follows:

      450.440  1.  The board of hospital trustees shall organize a staff of physicians composed of every regular practicing physician and dentist in the county in which the hospital is located who meets the standards fixed by the [rules and] regulations laid down by the board of hospital trustees.

      2.  The staff shall organize in a manner prescribed by the board so that there [shall be] is a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.

      3.  No member of the staff nor any other physician who attends an indigent patient [shall] may receive any compensation for his services except as otherwise provided in NRS 450.180 or to the extent that medical care is paid for by any governmental authority or any private medical care program.


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

ê1979 Statutes of Nevada, Page 151 (Chapter 95, SB 74)ê

 

indigent patient [shall] may receive any compensation for his services except as otherwise provided in NRS 450.180 or to the extent that medical care is paid for by any governmental authority or any private medical care program.

 

________

 

 

CHAPTER 96, SB 175

Senate Bill No. 175–Committee on Natural Resources

CHAPTER 96

AN ACT relating to control and sale of state lands; clarifying provisions concerning the resolution of inconsistencies between the land use plans of local government entities; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 321.640 is hereby amended to read as follows:

      321.640  The legislature hereby finds and declares that:

      1.  It is in the public interest to place the primary authority for the planning process with the local governments, which are closest to the people;

      2.  Unregulated growth and development of the state will result in harm to the public safety, health, comfort, convenience, resources and general welfare;

      3.  The cities of the state have a responsibility for guiding the development of areas within their respective boundaries for the common good, and the counties have similar responsibilities with respect to their unincorporated areas;

      4.  City, county, regional and other planning must be done in harmony to insure the orderly growth and preservation of the state; and

      5.  State participation in land use planning should be limited to coordination of information and data, the use of federal lands within the state, providing land use planning assistance in areas of critical environmental concern when directed by the governor or requested by local governments, and providing assistance in resolving inconsistencies [in local land use planning] between the land use plans of local governmental entities when requested to do so by [a local government entity.] one of the entities.

      Sec. 2.  NRS 321.755 is hereby amended to read as follows:

      321.755  1.  The executive council of the land use planning advisory council is hereby created to consider and make recommendations for land use planning in areas of critical environmental concern and to resolve inconsistencies [in] between the land use [planning between] plans of local government entities.

      2.  The executive council consists of the administrator and four persons selected by the land use planning advisory council from among its members. Each member of the executive council shall serve for 2-year terms.


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

ê1979 Statutes of Nevada, Page 152 (Chapter 96, SB 175)ê

 

      Sec. 3.  NRS 321.763 is hereby amended to read as follows:

      321.763  1.  When an inconsistency in land use [planning] plans is submitted for decision, the executive council may direct the staff of the state land use planning agency to conduct studies, assemble information and prepare proposals for alternative courses of action if necessary.

      2.  The executive council shall conduct public hearings in the affected areas before arriving at a decision in the matter.

      3.  In rendering its decision, the executive council may sustain the position of one or more of the local government entities involved or prescribe its own land use plan for the area of inconsistency. The executive council may adopt land use regulations to carry out its decision.

      4.  All land use plans and regulations adopted by the executive council pursuant to this section supersede inconsistent plans and regulations of the affected local government entities, but the local government entities are responsible for enforcing the plans and regulations of the executive council.

      5.  In the event of noncompliance with such plans or regulations, any affected local government entity may bring an action to obtain injunctive relief against such noncompliance.

      6.  The executive council, upon petition from all of the affected local government entities or on its own motion, may determine the expiration date of the plans and regulations imposed pursuant to this section.

 

________

 

 

CHAPTER 97, SB 197

Senate Bill No. 197–Senator Blakemore

CHAPTER 97

AN ACT relating to county officers and employees; permitting a district attorney who resides outside the county he serves, but within a specified distance of the county line, to draw the same salary as if he were a resident of that county; and providing other matters properly relating thereto.

 

[Approved March 23, 1979]

 

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

 

      Section 1.  NRS 245.043 is hereby amended to read as follows:

      245.043  1.  As used in this section:

      (a) “County” includes Carson City.

      (b) “County commissioner” includes the mayor and supervisors of Carson City.

      2.  Except as provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following tables. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties shall be paid into the county treasury each month without deduction of any nature.

 


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

ê1979 Statutes of Nevada, Page 153 (Chapter 97, SB 197)ê

 

[Table 1

                                                                ANNUAL SALARIES PRIOR TO JANUARY 1, 1979

 

Class

 

County

County Commissioner

District Attorney

 

Sheriff

County

Clerk

County Assessor

County Recorder

County Treasurer

1

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

             $12,000

$30,000*

$30,000

$23,000

$23,000

$23,000

   $23,000

2

Washoe.......

                  9,000

29,000*

    25,000

   22,000

    22,000

    22,000

     22,000

3

Carson City

                  6,600

   20,000

    19,000

   18,500

    18,500

    18,500

        -------

 

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

                  6,600

24,000*

    17,000

   17,000

    17,000

    17,000

     17,000

 

Douglas.......

                  6,600

   17,000

    17,000

   17,000

    17,000

    17,000

        -------

4

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

                  6,000

   15,000

    15,000

   14,500

    14,500

    14,500

        -------

 

Mineral........

                  6,000

   16,000

    15,000

   14,500

    14,500

    14,500

        -------

 

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

                  6,000

   17,000

    16,000

   14,500

    14,500

    14,500

     14,500

 

White Pine...

                  6,000

   15,000

    15,000

   14,500

    14,500

    14,500

     14,500

 

Churchill......

                  6,000

   14,500

    14,500

   14,500

    14,500

    14,500

        -------

5

Humboldt...

                  5,000

   14,500

    13,000

   13,000

    13,000

    13,000

     13,000

6

Lincoln........

                  4,500

   12,600

    12,000

   10,800

    10,800

    10,800

     10,800

 

Storey..........

                  4,500

   12,600

    12,600

   10,800

    10,800

    10,800

        -------

 

Eureka.........

                  4,500

   10,800

    10,800

   10,800

    10,800

    10,800

        -------

 

Lander.........

                  4,500

   10,800

    10,800

   10,800

    10,800

    10,800

     10,800

 

Pershing.......

                  4,500

18,000*

    10,800

   10,800

    10,800

    10,800

        -------

 

Esmeralda...

                  4,500

   10,800

    10,800

   10,800

    10,800

    10,800

        -------

 

 

 

 

 

 

 

 

 

*Private Practice Prohibited

 

 

 

 


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

ê1979 Statutes of Nevada, Page 154 (Chapter 97, SB 197)ê

 

Table 2]

                                             ANNUAL SALARIES [BEGINNING JANUARY 1, 1979]

 

Class

 

County

County Commis-sioner

District Attorney

 

Sheriff

County Clerk

County Assessor

County Recorder

County Treasurer

1

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

            $19,200

$38,200

 

 

$37,500

$26,500

$26,500

$26,500

  $26,500

2

Washoe.........

              10,800

   36,800

 

 

   31,500

   25,300

   25,300

25,300

     25,300

3

Carson City..

                8,000

   30,500

 

 

   24,000

   21,300

   21,300

21,300

        -------

 

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

                7,260

   30,500

 

 

   21,500

   19,600

   19,600

19,600

     19,600

 

Douglas.........

                7,260

   30,500

 

 

   21,500

   19,600

   19,600

19,600

        -------

4

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

                6,600

   25,000

$19,800*

 

   18,000

   16,700

   16,700

16,700

        -------

 

Mineral..........

                6,600

   25,000

19,800*

 

   18,000

   16,700

   16,700

16,700

        -------

 

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

                6,600

   25,000

19,800*

 

   19,200

   16,700

   16,700

16,700

     16,700

 

White Pine.....

                6,600

   25,000

19,800*

 

   18,000

   16,700

   16,700

16,700

     16,700

 

Churchill........

                6,600

   25,000

19,800*

 

   17,400

   16,700

   16,700

16,700

        -------

 

Humboldt.....

                6,600

   25,000

19,800*

 

   17,400

   16,700

   16,700

16,700

     16,700

5

Lincoln..........

                4,950

   22,000

16,800*

$11,880**

   14,400

   13,000

   13,000

13,000

     13,000

 

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

                4,950

   22,000

16,800*

$11,880**

   14,400

   13,000

   13,000

13,000

        -------

 

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

                4,950

   22,000

16,800*

$11,880**

   13,000

   13,000

   13,000

13,000

        -------

 

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

                4,950

   22,000

16,800*

$11,880**

   14,400

   13,000

   13,000

13,000

     13,000

 

Pershing.........

                4,950

   22,000

16,800*

$11,880**

   13,000

   13,000

   13,000

13,000

        -------

 

Esmeralda.....

                4,950

   22,000

16,800*

$11,880**

   13,000

   13,000

   13,000

13,000

        -------

 

      *Applies if the district attorney is allowed private practice of law as determined by the board of county commissioners.

      **Applies if the district attorney is not a resident of the county [.] and does not reside within 10 miles of the boundary of the county.

 


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

ê1989 Statutes of Nevada, Page 155 (Chapter 97, SB 197)ê

 

      Sec. 2.  For the purposes of NRS 245.043, any district attorney of a class 5 county who is not a resident of the county in which he serves, but who resides within 10 miles of the boundary of that county is entitled to receive the salary provided in that section for district attorneys who are residents of the counties in which they serve.

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

 

________

 

 

CHAPTER 98, AB 181

Assembly Bill No. 181–Committee on Judiciary

CHAPTER 98

AN ACT relating to grand larceny; including in grand larceny the theft of a motor vehicle regardless of its value; and providing other matters properly relating thereto.

 

[Approved March 27, 1979]

 

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

 

      Section 1.  NRS 205.220 is hereby amended to read as follows:

      205.220  Every person who [shall] feloniously [steal, take and carry away, lead or drive] steals, takes and carries away, leads or drives away the personal goods or property of another [,] of the value of $100 or more, [shall be deemed] or the motor vehicle of another regardless of its value, is guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $5,000.

 

________

 

 

CHAPTER 99, AB 20

Assembly Bill No. 20–Assemblymen Mann, Horn and Sena

CHAPTER 99

AN ACT relating to professions and occupations; transferring the recording of licenses of certain professions from the county clerk to the county recorder; and providing other matters properly relating thereto.

 

[Approved March 27, 1979]

 

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

 

      Section 1.  NRS 631.320 is hereby amended to read as follows:

      631.320  1.  Any person licensed to practice dentistry in this state shall, before engaging in the practice of dentistry, and within 6 months from the date of its issue, [cause such certificate to be registered] record his certificate in the office of the [clerk] county recorder of [the] each county [or counties] in which [such person] he desires to engage in practice.


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

ê1979 Statutes of Nevada, Page 156 (Chapter 99, AB 20)ê

 

practice. [Should such] If the dentist [remove to] desires to engage in practice in another county, he [shall register] must record his certificate in the [clerk’s] office of [such] the county recorder of the county before engaging in practice in that county.

      2.  The failure of any [such] person to [so register] record his certificate, as provided in this section, [shall work] works a forfeiture of the certificate, and [the same shall] it must not be reinstated except upon the payment to the board of the sum provided in this chapter.

      Sec. 2.  NRS 633.371 is hereby amended to read as follows:

      633.371  1.  Every person holding a license issued under this chapter shall have the license recorded in the office of the county [clerk] recorder of the county of his residence. Every licensee upon a change of residence shall have his certificate recorded in like manner in the county to which he has changed his residence.

      2.  Every license [shall] must be displayed in the office or place of business or employment of its holder.

      Sec. 3.  NRS 635.090 is hereby amended to read as follows:

      635.090  Every person receiving a certificate from the board shall [file the same] record it with the county [clerk] recorder of the county in which he resides. [The county clerk shall register the name and address of each person and the date of each certificate in a book kept for the purpose. The number of the book and the page therein containing such recordation shall appear on the face of the certificate, over the name of the county clerk recording the same.] The person [filing and registering] recording his certificate shall pay [a] the required recording fee. [of $1 to the county clerk.]

      Sec. 4.  NRS 636.230 is hereby amended to read as follows:

      636.230  All licensees shall:

      1.  Present their licenses to the county [clerk] recorder of the county in which they reside for recordation. [by the county clerk in a book provided by him for that purpose.]

      2.  Pay the [county clerk $1 for recordation.] required recording fee.

      Sec. 5.  NRS 636.235 is hereby amended to read as follows:

      636.235  Any licensee who travels from one county to another in this state, before engaging in the practice of optometry in a county other than the county of his residence, shall:

      1.  Present his license to the county [clerk of such] recorder of the other county for recordation. [by the county clerk in a book to be provided by him for that purpose.]

      2.  Pay the [county clerk a fee of $1 for recordation.] required recording fee.

      Sec. 6.  NRS 636.245 is hereby amended to read as follows:

      636.245  A license which has been automatically suspended for failure of the licensee to have it recorded in the county of his residence, or for failure of the licensee to have it recorded in the county other than the county of his residence before engaging in the practice of optometry therein, may be restored by:

      1.  Presentation of the license to the county [clerk] recorder of the proper county.

      2.  Payment of the required recording fee. [for recordation.]


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

ê1979 Statutes of Nevada, Page 157 (Chapter 99, AB 20)ê

 

      3.  Payment of a penalty to the secretary in the amount prescribed in this chapter.

      Sec. 7.  Within 90 days after the effective date of this act, the county clerk of each county shall transfer to the county recorder of his respective county all certificates and licenses required by sections 1 to 6, inclusive, of this act to be recorded by the county recorder, or a record of their recordation if the county clerk does not possess them. Upon receiving the certificates and licenses, or a record of their recordation, the county recorder shall record the certificates and licenses and maintain the records in the manner described in sections 1 to 6, inclusive, of this act.

 

________

 

 

CHAPTER 100, AB 168

Assembly Bill No. 168–Assemblymen Hayes and Barengo

CHAPTER 100

AN ACT relating to crimes against public safety; prohibiting discharging a firearm at or into a structure, vehicle, aircraft or watercraft; prescribing a penalty; and providing other matters properly relating thereto.

 

[Approved March 27, 1979]

 

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

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any person who willfully and maliciously discharges a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or housetrailer, railroad locomotive, car or tender, shall be punished:

      (a) If it has been abandoned, for a misdemeanor.

      (b) Otherwise, 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 $5,000, or by both fine and imprisonment.

      2.  Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or housetrailer, railroad locomotive, car or tender, in motion or at rest, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or housetrailer, locomotive or railroad car may have run on the trip during which the firearm was discharged at or into it.

      Sec. 2.  NRS 202.253 is hereby amended to read as follows:

      202.253  As used in NRS 202.255 to 202.360, inclusive, and section 1 of this act, “firearm” means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.

      Sec. 3.  NRS 205.2741 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 158 (Chapter 100, AB 168)ê

 

      205.2741  1.  It is unlawful for any person:

      (a) To throw any stone, rock, missile or any substance at any motorbus, truck or other motor vehicle; or

      (b) [To discharge any gun, pistol or any other firearm at any motorbus, truck or other motor vehicle; or

      (c)] Wrongfully to injure, deface or damage any motorbus, truck or other motor vehicle, or any part thereof.

      2.  Any person who violates any of the provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged and in no event less than a misdemeanor.

      Sec. 4.  NRS 705.480 is hereby amended to read as follows:

      705.480  1.  It is unlawful for any person without authority to:

      (a) Willfully uncouple or detach any locomotive, tender or any car of any railroad train, either when standing or in motion on any track of any railroad.

      (b) Take off the brake of any railroad car, tender or train.

      (c) Put in motion any locomotive, tender, car or train.

      2.  It is unlawful for any person to:

      (a) Throw any stone, rock, missile, or any substance at any railroad train, car, locomotive or tender, or any part of any train.

      (b) [Discharge any gun, pistol or any other firearm at any train, car, locomotive or tender.

      (c)] Wrongfully injure, deface or damage the same or any part thereof.

      3.  Any person violating any provision of this section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged, and in no event less than a misdemeanor.

 

________

 

 

CHAPTER 101, SB 183

Senate Bill No. 183–Committee on Finance

CHAPTER 101

AN ACT making an appropriation to the state public works board for remodeling the Octagon building in the Capitol Complex in Carson City, Nevada; and providing other matters properly relating thereto.

 

[Approved March 29, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the state public works board for remodeling the Octagon building at the Capitol Complex in Carson City, Nevada, the sum of $300,000.

      Sec. 2.  All work performed pursuant to section 1 of this act must be approved by the state public works board, and each contract document must be approved by the attorney general.

      Sec. 3.  Except as provided in section 4 of this act, the state public works board shall advertise for sealed bids for the project or each phase of the project in a newspaper of general circulation in this state.


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

ê1979 Statutes of Nevada, Page 159 (Chapter 101, SB 183)ê

 

works board shall advertise for sealed bids for the project or each phase of the project in a newspaper of general circulation in this state. Approved plans and specifications must be filed at a place and time stated in the advertisement for inspection by interested persons. The board may accept bids on the whole project or on one or more phases of the project, and may let separate contracts or combination of contracts for structural, mechanical and electrical construction as needed. Any or all bids may be rejected for any good reason.

      Sec. 4.  The state public works board may, without advertising, solicit bids from two or more contractors doing business in the area of the project if the estimated cost for the phase of the project to be bid is estimated to be less than $5,000 and may award the contract to the lowest bidder or reject all bids.

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

 

________

 

 

CHAPTER 102, SB 116

Senate Bill No. 116–Committee on Human Resources and Facilities

CHAPTER 102

AN ACT relating to historic preservation; permitting disbursement of money paid by the federal government as financial assistance for historic preservation to organizations, persons and enterprises; and providing other matters properly relating thereto.

 

[Approved March 29, 1979]

 

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

 

      Section 1.  NRS 383.081 is hereby amended to read as follows:

      383.081  1.  The administrator shall prepare and maintain a comprehensive statewide historic preservation plan. The plan [shall] must contain:

      (a) An evaluation of the needs for preservation of historic sites;

      (b) A program for carrying out the plan; and

      (c) Other information which the administrator determines to be necessary.

      2.  The plan [shall:] must:

      (a) Take into account relevant federal resources and programs; and

      (b) Be correlated insofar as practicable with other state, regional and local plans.

      3.  The administrator, subject to approval by the director, may represent and act for the state in dealing with the Federal Government or any of its agencies, instrumentalities or officers for the purposes of receiving financial assistance for planning, acquisition or development of historic preservation projects pursuant to the provisions of federal law. [When an historic preservation project is combined with an outdoor recreation project, the director is responsible for representing and acting for the state in dealing with the Federal Government.]


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

ê1979 Statutes of Nevada, Page 160 (Chapter 102, SB 116)ê

 

      4.  The administrator, subject to approval by the director, may administer and disburse to other state agencies, [and] political subdivisions, eleemosynary organizations, nonprofit organizations and private persons and enterprises money paid by the Federal Government to the State of Nevada as financial assistance for planning, acquisition or development of historic preservation projects, and the administrator shall, on behalf of the state, keep such records as the Federal Government prescribes and as will facilitate an effective audit, including records which fully disclose:

      (a) The amount and the disposition by the state of the proceeds of [such] that assistance;

      (b) The total cost of the project or undertaking in connection with such assistance as given or used; and

      (c) The amount and nature of that portion of the cost of the project or undertaking supplied by other sources.

      5.  Authorized representatives of the Federal Government [shall] have access for the purpose of audit and examination to any books, documents, papers and records of the state that are pertinent to financial assistance received by the state pursuant to federal law for planning, acquisition or development of historic preservation projects.

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

 

________

 

 

CHAPTER 103, SB 79

Senate Bill No. 79–Committee on Human Resources and Facilities

CHAPTER 103

AN ACT relating to health and care facilities; providing for the licensing, regulation and inspection of home health agencies; and providing other matters properly relating thereto.

 

[Approved March 29, 1979]

 

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

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Home health agency” means an agency operated by any person or agency of state or local government which provides in the home, through its employees, skilled nursing services and assistance and training in health and housekeeping skills.

      Sec. 3.  A home health agency may also provide services in the home which include:

      1.  Speech or occupational therapy;

      2.  Guidance regarding nutrition or vocations; or

      3.  Other social or medical services,

through its employees or by contractual arrangement with other persons.

      Sec. 4.  NRS 449.001 is hereby amended to read as follows:

      449.001  As used in NRS 449.001 to 449.245, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.


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

ê1979 Statutes of Nevada, Page 161 (Chapter 103, SB 79)ê

 

      Sec. 5.  NRS 449.007 is hereby amended to read as follows:

      449.007  “Health and care facility” includes alcohol or drug treatment facility, ambulatory surgical center, child care facility, group care facility, home health agency, intermediate care facility, skilled nursing facility and hospital.

 

________

 

 

CHAPTER 104, SB 76

Senate Bill No. 76–Committee on Human Resources and Facilities

CHAPTER 104

AN ACT relating to the administration of public health; repealing an obsolete provision relating to the composition of the health division of the department of human resources; and providing other matters properly relating thereto.

 

[Approved March 29, 1979]

 

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

 

      Section 1.  NRS 439.020 is hereby repealed.

 

________

 

 

CHAPTER 105, SB 69

Senate Bill No. 69–Committee on Human Resources and Facilities

CHAPTER 105

AN ACT relating to the administration of public health; revising provisions requiring notice and hearing for proposed regulations of district boards of health; requiring such boards to file adopted regulations with certain county clerks; and providing other matters properly relating thereto.

 

[Approved March 29, 1979]

 

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

 

      Section 1.  NRS 439.410 is hereby amended to read as follows:

      439.410  1.  The district board of health [shall have] has the powers, duties and authority of a county board of health in the health district.

      2.  The district health department [shall have] has jurisdiction over all public health matters in the health district.

      3.  In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health [shall have the power] may by affirmative vote of a majority of all the members of the board [to adopt, promulgate, amend and enforce reasonable rules and] adopt regulations consistent with law [, which rules and regulations] which shall take effect immediately on their approval by the state board of health to:

      (a) Prevent and control nuisances;

      (b) Regulate sanitation and sanitary practices in the interests of the public health;


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

ê1979 Statutes of Nevada, Page 162 (Chapter 105, SB 69)ê

 

      (c) Provide for the sanitary protection of water, food supplies and sewage disposal; and

      (d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.

      4.  [In the adoption or amendment of any such rule or regulation, the district board of health shall observe the same requirements for notice and hearing as are prescribed for state agencies by the Nevada Administrative Procedure Act.] Before the adoption, amendment or repeal of a regulation, the district board of health shall give at least 30 days’ notice of its intended action. The notice must:

      (a) Include a statement of either the terms or substance of the proposal 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 proposal 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 district board for such purpose.

      5.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.

      6.  Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.

 

________

 

 

CHAPTER 106, SB 229

Senate Bill No. 229–Senator Blakemore

CHAPTER 106

AN ACT authorizing the state land registrar to exchange or sell certain state land situated in Lincoln County; providing for conditions of transfer; and providing other matters properly relating thereto.

 

[Approved March 29, 1979]

 

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

 

      Section 1.  Notwithstanding the provisions of NRS 232.158 or any other law, and subject to the conditions set forth in section 2 of this act, the state land registrar, on behalf of the State of Nevada, is hereby authorized to:

      1.  Exchange upon such arrangements as the administrator of the division of state parks of the state department of conservation and natural resources may conclude; or


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

ê1979 Statutes of Nevada, Page 163 (Chapter 106, SB 229)ê

 

      2.  Sell for cash and convey to the purchaser upon receipt of payment,

all or part of that certain real property owned by the State of Nevada and situated in the County of Lincoln, State of Nevada, described as follows:

      Parcel No. 1-That portion of the S1/2 NW1/4 and N1/2 SW1/4 of Section 2, T. 1 N., R. 69 E., M.D.B. & M., described as follows:

      Commencing at a point whence the corner common to Sections 2, 3, 10 and 11 of said township and range bears S. 22°20' W. a distance of 2283.70 feet; said point being also described as the Southwest corner of that certain parcel of land conveyed to Joseph Hollinger, William Hollinger, Samuel Hollinger and James N. Hollinger by deed recorded April 17, 1962, in Book L-1, Page 62 of Real Estate Deeds on file in the office of the County Recorder, Lincoln County, Nevada; Said parcel being one of the four parcels of land described in the said real estate deed and is further identified therein as “containing 47.292 acres, more or less”; thence N. 3°40' E. along the Westerly boundary line of said parcel 1431.0 feet to the Northwest corner thereof, being the true Point of Beginning; thence S. 72°09' E. along the Northerly boundary line of said parcel 1573.82 feet; thence S. 74°00' E., 34.00 feet; thence S. 14°00' W., 25.00 feet, thence N. 73°11' W., 34.22 feet; thence N. 84°11' W., 324.00 feet; thence S. 19°47' W., 407.39 feet; thence S. 9°55' E., 225.76 feet; thence N. 71°38' W., 1008.13 feet thence N. 28°57' W., 238.53 feet; thence N. 13°42' W., 93.33 feet; thence N. 3°01' W., to a point of intersection with the Westerly boundary line of the aforesaid parcel conveyed to Joseph Hollinger, et al.; thence N. 03°40' E. along the said Westerly boundary to the true Point of Beginning.

      Parcel No. 2-All that part of the W1/2 NW1/4 and the N1/2 SW1/4 of Section 5, T. 2 N., R. 70 E., M.D.B. & M., and the SW1/4 SW1/4 of Section 32, T. 3 N., R. 70 E., M.D.B. & M., more particularly described as follows:

      Beginning at a point which is S. 89°55' W. a distance of 4311.65 feet along the South line from the Southeast corner of said Section 5, and North 1320 feet, which point is on a fence line in a wash; thence N. 18°38' E., 95.24 feet; thence N. 36°38' E., 683.58 feet; thence N. 16°58' W., 1203 feet; thence N. 10°20' E., 799 feet; thence N. 16°18' W., 142.50 feet; thence N. 48°02' W., 206.46 feet; thence S. 79°05' W., 265 feet; thence N. 4°49' E., 1494.5 feet; thence N. 21°58' E., 1010 feet to a point on the East-West fence; thence N. 89°59'57" W., 1221.67 feet, more or less, to the Northwest corner of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of said Section 32, Township 3 North, Range 70 East; thence South 5280 feet, more or less, along the West line of said Section 32 and said Section 5 to the Southwest corner of said North Half (N1/2) of the Southwest Quarter (SW1/4) of said Section 5; thence N. 89°57' E., 984.55 feet, more or less, to the Point of Beginning.

      Parcel No. 3-The SE1/4 NE1/4 of Section 19 and the S1/2 NW1/4 of Section 20, in T. 3 N., R. 70 E., M.D.B. & M., Lincoln County, Nevada.

      Sec. 2.  The real property described in section 1 of this act may be exchanged or sold subject to the following conditions:


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

ê1979 Statutes of Nevada, Page 164 (Chapter 106, SB 229)ê

 

      1.  The property must first be appraised by a competent appraiser.

      2.  If the property is to be exchanged, it may be exchanged only for real property of substantially equivalent value or for real property and an amount of money equal to the difference in value between the property conveyed and the property received. The property to be received must in either case be appraised by a competent appraiser.

      3.  If the property is to be sold, the sale must be conducted by public auction or by sealed bids. The proceeds of the sale must be placed in the state park acquisition fund in the state treasury and be used for the purchase of land for state park purposes.

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

 

________

 

 

CHAPTER 107, SB 345

Senate Bill No. 345–Committee on Government Affairs

CHAPTER 107

AN ACT relating to the Lovelock Meadows Water District; validating, ratifying, approving and confirming acts, action and proceedings taken by the board of trustees of the Lovelock Meadows Water District in increasing the maximum allowable rate of interest on general obligation bonds and other general obligation securities to be approved at a special election; authorizing the district to issue such general obligation bonds at the increased rate of 9 percent if approved at an election; validating, ratifying, approving and confirming acts, action and proceedings taken in connection with such election and such issuance; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

      Whereas, The board of trustees of the Lovelock Meadows Water District in Pershing County, State of Nevada (sometimes designated in this act as the “board,” the “district” and the “county,” respectively), by resolution adopted January 23, 1979, authorized the submission to the qualified electors of the district at a special district election to be held in the district on Tuesday, the 3rd day of April, 1979, of a question authorizing the district to incur an indebtedness by the issuance of its negotiable, coupon, general obligation bonds, in the maximum principal amount of $1,250,000 (sometimes designated in this act as the “bonds”), such bonds to bear interest at a rate or rates of not exceeding 8 percent per annum; and

      Whereas, The limitation of 8 percent per annum on the interest rate was also contained in preliminary proceedings and in the service plan for the district prepared pursuant to chapter 308 of NRS, and in the proceedings taken before the general obligation bond commission under NRS 350.002 to 350.006, inclusive; and

      Whereas, Following the adoption of the resolution on January 23, 1979, the deterioration in the market for the sale of bonds or securities of a type similar to those of the district was brought to the attention of the board which on March 6, 1979, adopted a resolution increasing the rate of interest to the statutory maximum of 9 percent and such maximum rate of interest is set forth in the bond question to be submitted to the electors on April 3, 1979; and


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

ê1979 Statutes of Nevada, Page 165 (Chapter 107, SB 345)ê

 

      Whereas, There is not sufficient time to submit a revised proposal to the general obligation bond commission or to have a modified service plan adopted pursuant to chapter 308; and

      Whereas, Certain legal questions may exist concerning possible irregularities in connection with increasing the rate of interest immediately before the submission of the proposal and otherwise; and

      Whereas, It is declared, as a matter of legislative determination, that it is in the public interest to remove any legal impediments to the issuance of the bonds caused by such possible irregularities; now, therefore,

 

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

 

      Section 1.  All acts, action and proceedings heretofore had or taken by the board on behalf of the district to increase the maximum rate or rates of interest on the general obligation bonds or other securities of the district to 9 percent per annum are hereby validated, ratified, approved and confirmed.

      Sec. 2.  The district is by this act authorized and empowered, following the approval of the bond question by the qualified electors at the election on April 3, 1979, or any subsequent election, without the necessity of securing approval of a modified service plan, securing additional approval of the general obligation bond commission, or other or further preliminaries, to issue the bonds, in one series or more, in the aggregate principal amount of $1,250,000 at a rate or rates of interest of not more than 9 percent per annum and otherwise as provided in the bond question.

      Sec. 3.  All acts, action and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the district or the county under law or under color of law preliminary to and in the preparation, submission and approval of the service plan, the creation of the district, the holding of the election, the authorization, execution, sale, issuance and payment (or any combination thereof) of any or all of the bonds are hereby validated, ratified, approved and confirmed. This act operates to supply such legislative authority as may be necessary to validate any such acts, action and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such acts or proceedings were taken.

      Sec. 4.  This act being necessary to secure and preserve the public health, safety, convenience and general welfare, the rule of strict construction has no application hereto, and it shall be liberally construed to effect the purposes and objects for which this act is intended.

      Sec. 5.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 6.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 166ê

 

CHAPTER 108, AB 330

Assembly Bill No. 330–Committee on Ways and Means

CHAPTER 108

AN ACT to amend an act entitled “An Act relating to administrative regulations; providing for their codification; and providing other matters properly relating thereto,” approved May 15, 1977.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  Section 33 of the above-entitled act, being chapter 560, Statutes of Nevada 1977, at page 1390, is hereby amended to read as follows:

 

       Sec. 33.  The legislative commission shall prescribe the order in which the legislative counsel shall codify the existing regulations of the several agencies, and shall so schedule his work that it is completed before November 1, [1980.] 1982. Every agency of the executive department of the state government, except those entirely exempted from the operation of the Nevada Administrative Procedure Act, shall make available to the legislative counsel all records requested by him to assist in the codification of its regulations. The legislative counsel shall review and if appropriate revise the language of any existing regulation being codified so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code. In codifying an existing regulation, the legislative counsel shall exclude from it any material which is duplicative of statute.

 

________

 

 

CHAPTER 109, AB 443

Assembly Bill No. 443–Committee on Government Affairs

CHAPTER 109

AN ACT relating to the control and sale of state lands; abolishing the state land registrar appraisal and publication revolving fund; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 321.335 is hereby amended to read as follows:

      321.335  1.  [Notwithstanding any other provision of law, except] Except as provided in NRS 321.450 and 321.510, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of highways and agricultural associations organized pursuant to chapter 547 of NRS, including lands theretofore subject to contracts of sale which have been forfeited, [shall be] are governed by the provisions of this section.

      2.  Whenever the state land registrar deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may cause [the same] those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, [as hereinafter provided,] at a price not less than [the] their appraised value [thereof] and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.


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

ê1979 Statutes of Nevada, Page 167 (Chapter 109, AB 443)ê

 

not used or set apart for public purposes be sold, he may cause [the same] those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, [as hereinafter provided,] at a price not less than [the] their appraised value [thereof] and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.

      3.  Before offering any [such] land for sale, the state land registrar shall cause [the same] it to be appraised by a competent appraiser.

      4.  After receipt of the report of the appraiser, the state land registrar shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he [may deem] deems appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice [shall] must be so published in some newspaper published in this state having a general circulation in the county where the land is situated.

      5.  [Such notice shall] The notice must contain:

      (a) A description of the land to be sold;

      (b) A statement of the terms of sale;

      (c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and

      (d) If the sale is to be at public auction, the time and place of sale; or

      (e) If the sale is to be upon sealed bids, the place where [such] the bids will be accepted, the first and last days on which the [same] bids will be accepted, and the time and place [such] the bids will be opened.

      6.  The state land registrar may reject any bid or offer to purchase if he deems [such] the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the state to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      7.  Upon acceptance of any bid or offer and payment to the state land registrar in accordance with the terms of sale specified in the notice of sale, the state land registrar shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but [every such contract shall] those contracts must require that the remainder of the purchase price be paid within 25 years from the date of the contract and that [such] the contract [shall] will immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after [the same] it was due and payable pursuant to the contract.

      8.  Nothing in this section [shall apply to or affect] applies to or affects any pending contract or application for the purchase of land from the State of Nevada, whether title [thereto] to it is in the state or the state is in the process of acquiring title [thereto] to it under any method of exchange or selection between the state and the United States or any department or agency thereof.

      [9.  A revolving fund in the sum of $1,000, to be known as the state land registrar appraisal and publication revolving fund, is hereby created to be used by the state land registrar in paying, in the manner provided by law, the necessary expenses incurred in carrying out the provisions of subsection 2.


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

ê1979 Statutes of Nevada, Page 168 (Chapter 109, AB 443)ê

 

to be used by the state land registrar in paying, in the manner provided by law, the necessary expenses incurred in carrying out the provisions of subsection 2. Any person requesting that state land be sold under provisions of this section shall deposit an amount of money sufficient to pay the costs of the state land registrar in processing the application, including publication costs and appraisal expenses. This deposit shall be refunded whenever the person making the deposit is not the successful bidder and the costs of processing the application, including publication and appraisal expenses, shall be borne by the successful bidder.]

      Sec. 2.  Any money which remains in the state land registrar appraisal and publication revolving fund on July 1, 1979, reverts to the state general fund on that date.

 

________

 

 

CHAPTER 110, AB 458

Assembly Bill No. 458–Assemblymen Barengo and Hayes

CHAPTER 110

AN ACT relating to parole and probation; conferring power to administer oaths and issue subpenas on certain officers; providing for judicial enforcement of the subpena power; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section  1.  NRS 176.216 is hereby amended to read as follows:

      176.216  1.  Before a probationer may be returned to the court for violation of a condition of his probation, an inquiry shall be conducted to determine whether there is probable cause to believe that he has committed any act that would constitute such a violation.

      2.  The inquiry shall be conducted before an inquiring officer who:

      (a) Is not directly involved in the case;

      (b) Has not made the report of violation of the probation; and

      (c) Has not recommended revocation of the probation,

but he need not be a judicial officer.

      3.  Except in a case where the probationer is a fugitive, the inquiry shall be held promptly at or reasonable near the place of the alleged violation or the arrest, and not later than 15 days after the arrest if the arrested person is on probation from a Nevada court of 30 days after the arrest if he is on probation from another state and under supervision in this state.

      4.  For the purposes of this section, the inquiring officer may administer oaths and issue subpenas to compel the attendance of witnesses and the production of books and papers.

      Sec. 2.  Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the inquiring officer may report to the district court by petition, setting forth that:

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


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

ê1979 Statutes of Nevada, Page 169 (Chapter 110, AB 458)ê

 

      (b) The witness has been subpenaed by the inquiring officer pursuant to NRS 176.216; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpena at the inquiry which is named in the subpena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend and testify or produce the books and papers.

      2.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers at the inquiry. A certified copy of the order shall be served upon the witness.

      3.  If it appears to the court that the subpena was regularly issued by the inquiring officer, the court shall enter an order that the witness appear at the inquiry 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 shall be dealt with as for contempt of court.

      Sec. 3.  NRS 213.1511 is hereby amended to read as follows:

      213.1511  1.  Before a parolee may be returned to the custody of the Nevada state prison for violation of a condition of his parole, an inquiry shall be conducted to determine whether there is probable cause to believe that he has committed acts that would constitute such a violation.

      2.  The inquiry shall be conducted before an inquiring officer who:

      (a) Is not directly involved in the case;

      (b) Has not made the report of parole violation; and

      (c) Has not recommended revocation of the parole,

but he need not be a judicial officer.

      3.  Except in a case where the parolee is a fugitive, the inquiry shall be held at or reasonable near the place of the alleged violation or the arrest and as promptly as convenient after the arrest.

      4.  For the purposes of this section, the inquiring officer may administer oaths.

      Sec. 4.  Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  For the purposes of NRS 213.107 to 213.160, inclusive:

      (a) The chairman of the board; and

      (b) The inquiring officer conducting an inquiry pursuant to NRS 213.1511,

may issue subpenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the chairman of the board or inquiring officer may report to the district court by petition, setting forth that:

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

      (b) The witness has been subpenaed by the chairman of the board or inquiring officer pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpena before the board or at the inquiry which is named in the subpena, or has refused to answer questions propounded to him,

 


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

ê1979 Statutes of Nevada, Page 170 (Chapter 110, AB 458)ê

 

which is named in the subpena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend and testify or produce the books and papers.

      3.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers. A certified copy of the order shall be served upon the witness.

      4.  If it appears to the court that the subpena was regularly issued, the court shall enter an order that the witness appear before the board or at the inquiry 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 shall be dealt with as for contempt of court.

 

________

 

 

CHAPTER 111, AB 460

Assembly Bill No. 460–Assemblymen Barengo and Hayes

CHAPTER 111

AN ACT relating to pardons and paroles; defining status of escaped prisoner; excluding certain time as time served on a term of imprisonment; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 213.160 is hereby amended to read as follows:

      213.160  1.  [If any] A prisoner who is paroled and leaves the state without permission from the board [, he] or who does not keep the board informed as to his location as required by the conditions of his parole shall be deemed an escaped prisoner and arrested as such.

      2.  If his parole is lawfully revoked and he is thereafter returned to the Nevada state prison, he forfeits all previously earned credits for good behavior and shall serve such part of the unexpired term of his original sentence as may be determined by the board.

      3.  The board may restore any good behavior credits forfeited under [this section.] subsection 2.

      4.  The time a person is an escaped prisoner is not time served on his term of imprisonment.

 

________

 

 


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ê1979 Statutes of Nevada, Page 171ê

 

CHAPTER 112, SB 188

Senate Bill No. 188–Senator Jacobsen

CHAPTER 112

AN ACT relating to chiropractors; standardizing the fee for licensing chiropractors; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 634.100 is hereby amended to read as follows:

      634.100  1.  [All applicants for licenses] An applicant for a license to practice chiropractic in the State of Nevada [who have not previously been admitted to practice in any other state shall] whether by examination or reciprocity, must pay to the secretary of the board [the sum of $75 before being entitled to have their applications considered.] a fee of $100.

      2.  [Applicants who have been previously licensed to practice chiropractic in any other state shall pay to the secretary of the board the sum of $100 before being entitled to have their applications further considered.

      3.] An applicant taking the examination who receives a general average of not less than 75 percent in all subjects and who does not fall below the grade of 70 percent in any one subject [shall be granted] is entitled to a license to practice chiropractic.

      [4.]3.  If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit [shall] must be given on this examination for all subjects previously passed with a grade of 75 percent or higher.

 

________

 

 

CHAPTER 113, AB 21

Assembly Bill No. 21–Assemblymen Mann, Horn and Sena

CHAPTER 113

AN ACT relating to crimes and responsibilities regarding fires; authorizing fire departments to investigate causes, origins and circumstances of fires; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  Chapter 475 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each fire department may investigate the cause, origin and circumstances of each fire which occurs within its jurisdiction and which results in the destruction of or damage to property, loss of life, or injury to any person.

 

________

 

 


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ê1979 Statutes of Nevada, Page 172ê

 

CHAPTER 114, AB 86

Assembly Bill No. 86–Assemblyman Getto

CHAPTER 114

AN ACT relating to purchasing by local governments; raising the estimated value of contracts exempt from advertising; requiring requests for bids on certain contracts; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 332.035 is hereby amended to read as follows:

      332.035  1.  Except as otherwise provided by law, a governing body or its authorized representative may enter into a contract of any nature without advertising [or requesting bids] when the estimated amount required to perform the contract is [$2,500] $5,000 or less.

      2.  If the estimated amount required to perform the contract is more than $2,500 but not more than $5,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.

      3.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids [.] regardless of the estimated amount to perform the contract.

      Sec. 2.  NRS 332.045 is hereby amended to read as follows:

      332.045  1.  Except as otherwise provided by law, the governing body or its authorized representative shall advertise all contracts where the estimated aggregate amount required to perform the contract exceeds [$2,500] $5,000 at least once and not less than 7 days [prior to] before opening bids.

      2.  Such advertisement [shall] must be by notice to bid to be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication [shall] must be in any newspaper published in the state having general circulation in the county.

      3.  Such notice [shall] must state:

      (a) The nature, character or object of the contract.

      (b) If plans and specifications are to constitute part of the contract, where such plans and specifications may be seen.

      (c) The time and place where bids will be received and opened.

      (d) Such other matters as may properly pertain to giving notice to bid.

 

________

 

 


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ê1979 Statutes of Nevada, Page 173ê

 

CHAPTER 115, AB 212

Assembly Bill No. 212–Committee on Judiciary

CHAPTER 115

AN ACT to amend an act entitled “An Act relating to boards, commissions and similar bodies in the executive department of state government; establishing uniform provisions for the appointment by the governor of members to these bodies; changing the composition of various bodies; transferring certain powers and duties; abolishing certain bodies; providing for the expiration and reestablishment of the terms of members; and providing other matters properly relating thereto,” approved May 14, 1977; correcting conflicting provisions relating to the appointment of members of the commission on crimes, delinquency and corrections.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  Section 375 of the above-entitled act, being chapter 530, Statutes of Nevada 1977, at page 1266, is hereby amended to read as follows:

       Sec. 375.  1.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on October 30, 1977, expire on that date:

       (a) [The commission on crimes, delinquency and corrections;

       (b)]The economic advisory council on tourism;

       [(c)](b) The economic advisory council on industry;

       [(d)](c) The youth services agency advisory board;

       [(e)](d) The Nevada equal rights commission;

       [(f)](e) The Nevada Indian commission;

       [(g)](f) The Nevada state rural housing authority;

       [(h)](g) The Nevada veterans’ advisory commission;

       [(i)](h) The state welfare board;

       [(j)](i) The state advisory committee on older Americans;

       [(k)](j) The child care policy board;

       [(l)](k) The Nevada racing commission;

       [(m)](l) The Nevada athletic commission;

       [(n)](m) The state fire marshal’s advisory board;

       [(o)](n) The state board of agriculture;

       [(p)](o) The state board of sheep commissioners;

       [(q)](p) The Nevada liquefied petroleum gas board;

       [(r)](q) The Nevada employment security council;

       [(s)](r) The board of review;

       [(t)](s) The state board of architecture;

       [(u)](t) The state contractors’ board;

       [(v)](u) The state board of registered professional engineers;

       [(w)](v) The board of landscape architecture;

       [(x)](w) The board of dental examiners of Nevada;

       [(y)](x) The state board of nursing;

       [(z)](y) The Nevada state board of chiropractic examiners;

       [(aa)](z) The state board of Oriental medicine;

       [(bb)](aa) The state board of podiatry;

       [(cc)](bb) The Nevada state board of optometry;

       [(dd)](cc) The board of dispensing opticians;

       [(ee)](dd) The board of hearing aid specialists;


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

ê1979 Statutes of Nevada, Page 174 (Chapter 115, AB 212)ê

 

       [(ff)](ee) The Nevada state board of veterinary medical examiners;

       [(gg)](ff) The state board of pharmacy;

       [(hh)](gg) The state board of physical therapy examiners;

       [(ii)](hh) The state board of psychological examiners;

       [(jj)](ii) The board of marriage and family counselor examiners;

       [(kk)](jj) The state board of funeral directors and embalmers;

       [(ll)](kk) The Nevada real estate advisory commission;

       [(mm)](ll) The private investigator’s licensing board;

       [(nn)](mm) The Nevada state board of examiners for skilled nursing facility administrators;

       [(oo)](nn) The certified shorthand reporters board of Nevada; and

       [(pp)](oo) The taxicab authority.

       2.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 1, the governor shall appoint, as nearly as may be, new members as follows:

       (a) One-third of the members to terms expiring October 30, 1978;

       (b) One-third of the members to terms expiring October 30, 1979; and

       (c) One-third of the members to terms expiring October 30, 1980.

The governor shall appoint at least one-third of the members who are incumbent on October 30, 1977, to new terms on the respective boards, commissions or similar bodies.

       3.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on July 1, 1977, expire on that date:

       (a) The state multiple use advisory committee on federal lands;

       (b) The Eldorado Valley advisory group;

       (c) The state land use planning advisory council;

       (d) The Nevada state museum board of trustees;

       (e) The Lost City museum advisory commission;

       (f) The Nevada historical society board of trustees;

       (g) The Nevada council on libraries;

       (h) The state textbook commission;

       (i) The commission on postsecondary institutional authorization;

       (j) The state park advisory commission;

       (k) The mental hygiene and mental retardation advisory board;

       (l) The state board of forestry and fire control;

       (m) The state board of fish and game commissioners;

       (n) The state energy resources advisory board; and

       (o) The Colorado River advisory commission.

       4.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 3, the governor shall appoint, as nearly as may be, new members as follows:

       (a) One-third of the members to terms expiring June 30, 1978;

       (b) One-third of the members to terms expiring June 30, 1979; and


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

ê1979 Statutes of Nevada, Page 175 (Chapter 115, AB 212)ê

 

       (c) One-third of the members to terms expiring June 30, 1980.

The governor shall appoint at least one-third of the members who are incumbent on July 1, 1977, to new terms on the respective boards, commissions or similar bodies.

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

 

________

 

 

CHAPTER 116, AB 289

Assembly Bill No. 289–Committee on Government Affairs

CHAPTER 116

AN ACT relating to state purchasing; eliminating requirement for consultation prior to purchase of schoolbooks and for production of certain reports; requiring certain state agencies to provide annual equipment listing to purchasing division; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 333.210 is hereby amended to read as follows:

      333.210  1.  Supplies, materials and equipment purchased for the various using agencies shall be reduced to the practicable minimum of types, styles and sizes. The chief shall be responsible for developing and executing a progressive program of establishing standards. The chief may call upon any department or officer having technical facilities available, for assistance in the formulation of such standards.

      2.  Standard specifications shall be developed and adopted after consultation with the heads of the various using agencies, who shall assist in formulating such specifications. Such specifications shall be sufficiently complete and precise:

      (a) To insure that all vendors bid on the same basis.

      (b) To make effective testing and inspection possible.

      (c) To attract the maximum competition practicable with due consideration of suitability of products.

      (d) To describe the methods of testing or inspection.

A specification file containing all approved specifications shall be maintained by the chief.

      [3.  In the purchasing of school books, the chief or his authorized agent shall consult with the superintendent of public instruction and the state textbook commission for the purpose of determining the extent to which this requirement can be met.]

      Sec. 2.  NRS 333.220 is hereby amended to read as follows:

      333.220  1.  The chief shall:

      (a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.

      (b) Establish or cause to be established an adequate identification scheme for all such property and equipment.

      (c) Cause adequate records of such equipment and property to be maintained.


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

ê1979 Statutes of Nevada, Page 176 (Chapter 116, AB 289)ê

 

      2.  The chief shall have authority to transfer tools, implements, machinery or other equipment in the possession of any using agency, when such equipment is not necessary for the use of such agency, to such other agency or agencies as may have need therefor.

      3.  The records of property and equipment of the state shall be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between such officers. [Each using agency shall maintain current inventory records.] Each using agency shall conduct an annual physical count of all property and equipment charged to it and shall reconcile the results of the annual physical count with the inventory records maintained by [it.] the chief. The chief shall maintain the current inventory records for each state agency except the employment security department, the Nevada department of fish and game, the Nevada industrial commission, the department of highways and the department of motor vehicles, each of which shall annually submit to the chief an itemized list of equipment for which it is responsible.

      4.  The rules of the chief shall prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Except as provided in subsection 5, such rules shall provide that no such property shall be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $500 shall be sold except through notice published in a newspaper circulated in the area in which the sale is made.

      5.  Before accepting other bids, the chief shall offer used highway patrol vehicles to the office of the sheriff of each county and to police departments of each city in the state and shall sell such vehicle to the highest bidder, if any, from such offices or departments. Bids and acceptance thereof shall be made in accordance with rules established by the chief.

      Sec. 3.  NRS 333.090 is hereby repealed.

 

________

 

 

CHAPTER 117, AB 286

Assembly Bill No. 286–Committee on Government Affairs

CHAPTER 117

AN ACT relating to state purchasing; increasing the limit on the amount which may be authorized for local purchases; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 333.390 is hereby amended to read as follows:

      333.390  1.  The chief may authorize local purchasing by using agencies, in accordance with the rules and specifications, of individual orders for items not scheduled for quantity purchasing, not to exceed [$500] $1,000 for each order, except for repair and replacement parts for heavy equipment not to exceed [$1,500] $5,000 for each order, at no higher prices than he may specify in the orders authorizing [such] the local purchasing.


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

ê1979 Statutes of Nevada, Page 177 (Chapter 117, AB 286)ê

 

for items not scheduled for quantity purchasing, not to exceed [$500] $1,000 for each order, except for repair and replacement parts for heavy equipment not to exceed [$1,500] $5,000 for each order, at no higher prices than he may specify in the orders authorizing [such] the local purchasing. Such local purchasing may be so authorized as in the cases of perishable articles and to meet other emergency requirements.

      2.  The prices on such local purchases shall be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.

      3.  Each [such] authorization shall:

      (a) Be revocable.

      (b) Specify the limit of spending for individual orders not to exceed [$500] $1,000 except for repair and replacement parts referred to in subsection 1.

      (c) Specify the articles to be purchased.

      (d) Be operative for a period not exceeding 1 year from the date of issue.

      4.  Using agencies receiving such orders shall keep a record of their accounts and expenditures under [such] that authority, accompanied with proper evidence that competition has been secured to the extent practicable.

 

________

 

 

CHAPTER 118, SB 38

Senate Bill No. 38–Committee on Government Affairs

CHAPTER 118

AN ACT relating to elections; clarifying procedure for transferring certain registrations by voters; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 293.525 is hereby amended to read as follows:

      293.525  Except as provided in NRS 293.490, any elector who has changed his residence subsequent to the last preceding general election from one precinct or district to another within the same county [shall not be] is not eligible to vote unless [upon his] he submits to the county clerk before the close of registration a written and signed request that the county clerk [transfers] transfer his registration to the new address. No affidavit is required.

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

 

________

 

 


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ê1979 Statutes of Nevada, Page 178ê

 

CHAPTER 119, SB 84

Senate Bill No. 84–Committee on Government Affairs

CHAPTER 119

AN ACT relating to public records; transferring the division of state, county and municipal archives of the office of the secretary of state to the Nevada state library; providing certain powers and duties for the state librarian; and providing other matters properly relating thereto.

 

[Approved March 30, 1979]

 

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

 

      Section 1.  NRS 225.070 is hereby amended to read as follows:

      225.070  1.  The secretary of state [shall have the] has custody of and shall carefully preserve in the division of state, county and municipal archives [:] of the Nevada state library or in his office:

      (a) The enrolled copy of the constitution of the State of Nevada.

      (b) The description of the state seal and other seals of which a description may be required to be deposited in his office.

      (c) The proceedings and all papers of the two constitutional conventions [heretofore] held for the purpose of framing a constitution of this state.

      (d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.

      (e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.

      (f) All the books, records, parchments, maps, registers and papers [that may be] required to be deposited or kept in his office. [or kept therein.]

      (g) All deeds and conveyances belonging to the state.

      (h) All official bonds approved by the governor.

      (i) All written contracts to which the state is a party, [unless] except those required to be deposited elsewhere.

      2.  The deeds, conveyances and official bonds [shall] must be recorded in well-bound books, and the original papers [shall] must not be permitted to be taken out of the office [on any pretense] or the division of state, county and municipal archives for any reason whatever, unless in the possession of the secretary of state or his deputy.

      Sec. 2.  NRS 225.100 is hereby amended to read as follows:

      225.100  The secretary of state shall furnish, on [demand,] request, to any person [paying] who has paid the proper [legal fees therefor:

      1.  A duly] fee for it, a certified copy of all or any part of any law, act, record or other instrument of writing on file or deposited in his office [or the archives, and] of which a copy may properly be given.

      [2.  A copy of any material in the archives.]

      Sec. 3.  NRS 225.140 is hereby amended to read as follows:

      225.140  1.  In addition to other fees authorized by law, the secretary of state [, for services relating to his official duties and the records of his office,] shall charge and collect the following fees for the use of the state:


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

ê1979 Statutes of Nevada, Page 179 (Chapter 119, SB 84)ê

 

For a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, per [folio] page..............................       $0.25

For certifying to any such copy and use of the state seal, for each impression      5.00

For filing and recording trade-marks and names.....................................       25.00

For the delivery of a duly attested certificate of the record of filing any label, trade-mark or form of advertisement, as provided by NRS 600.010...............     5.00

For each passport or other document signed by the governor and attested by the secretary of state..............................................................................       10.00

For filing power of attorney.........................................................................       10.00

 

      2.  The secretary of state shall charge a reasonable fee for searching records [and archives of the state and other records] and documents kept in his office.

      3.  The secretary of state is required to collect the fees specified in this section in all cases, whether the services rendered are to a person, firm, corporation or association.

      4.  The secretary of state [shall neither charge nor] may not charge or collect any filing or other fees:

      (a) For services rendered by him to the State of Nevada or any county, city or town thereof, or any officer thereof in his official capacity or respecting his office or official duties.

      (b) For attesting extradition papers or executive warrants for other states.

      (c) For any [other] commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.

      Sec. 4.  NRS 239.005 is hereby amended to read as follows:

      239.005  As used in this chapter “division of archives” means the division of state, county and municipal archives [within the office of the secretary of state.] of the Nevada state library.

      Sec. 5.  NRS 239.070 is hereby amended to read as follows:

      239.070  1.  In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use the microfilm method of recording.

      2.  The division of archives, in cooperation with the state printing and records division of the department of general services, shall provide microfilming service to any local government entity. The charge for the service shall not exceed the actual cost.

      3.  If such microfilm method be used:

      (a) The microphotographs or micronegative films shall be properly indexed and placed in conveniently accessible files.

      (b) Each film shall be designated and numbered.

      (c) Provision shall be made for preserving, examining and using the same.

      4.  A duplicate of such film shall be made and kept safely in a separate place.

      5.  Duplicates of such film shall be made available by the county recorder for sale at a price not exceeding cost upon request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of such film available for sale to the public at a price not exceeding cost.


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ê1979 Statutes of Nevada, Page 180 (Chapter 119, SB 84)ê

 

commissioners, the county recorder may, at any time, make additional duplicates of such film available for sale to the public at a price not exceeding cost.

      Sec. 6.  NRS 239.085 is hereby amended to read as follows:

      239.085  1.  Whenever the state highway engineer determines that old or obsolete papers, books, pamphlets or documents of the department of highways are no longer of value to the department, he may [lawfully order any such] order the papers, books, pamphlets or documents removed from storage and destroyed.

      2.  The department of highways shall keep a record showing when any of the papers, books, pamphlets and documents mentioned in subsection 1 was destroyed, and the kind and nature [thereof.] of it.

      3.  If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the [secretary of state] state librarian for preservation in the archives.