[Rev. 4/6/2015 4:52:48 PM]

Link to Page 1216

 

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ê1979 Statutes of Nevada, Page 1217 (Chapter 592, SB 173)ê

 

      3.  The notice [shall] must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date [or dates] when it became due.

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of [such] any further claim as [shall accrue, shall] may accrue, must be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer will be advertised for sale, and sold by auction at a specified time and place.

      4.  In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer. The sale [shall] must be had in the place where the lien was acquired, or, if [such] that place is manifestly unsuitable for the purpose, at the nearest suitable place.

      5.  After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer to be sold, and stating the name of the owner or person on whose account [the same] it is held, and the time and place of the sale, [shall] must be published once a week for 2 consecutive weeks, being 3 successive weekly issues, in a newspaper published in the place where [such] the sale is to be held, but if no newspaper is published in [such] that place then in some newspaper published in [the State of Nevada] this state and having a general circulation in [such] that place. The sale [shall] must not be held less than 15 days from the time of the first publication.

      6.  From the proceeds of [such] the sale the motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman furnishing services, labor, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of [such proceeds shall] the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer.

      Sec. 76.  NRS 108.315 is hereby amended to read as follows:

      108.315  1.  Any keeper of a trailer park who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, shall, within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the trailer, for the amount due, stating that a lien is claimed on the trailer. A copy of the demand [shall] must be sent to every holder of a security interest in the trailer by registered or certified mail.

      2.  For the purpose of obtaining the name and address of a holder of a security interest in the trailer, the trailer park keeper shall request [such information from the department of motor vehicles prior to making the demand for payment.


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ê1979 Statutes of Nevada, Page 1218 (Chapter 592, SB 173)ê

 

information from the department of motor vehicles prior to making the demand for payment. The department of motor vehicles] that information before making the demand for payment from the:

      (a) Division of manufactured housing of the department of commerce with regard to mobile homes and commercial coaches as defined in chapter 489 of NRS.

      (b) Department of motor vehicles with regard to all other vehicles.

The state agency shall supply [such] that information from its records or, if the trailer is registered in another state, territory or country, [shall obtain such] obtain the information from the appropriate agency of [such] that state, territory or country.

      3.  No trailer [shall] may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment. At least 10 days [prior to such] before a sale, a written notice [shall] must be sent to every holder of a security interest in the trailer by registered or certified mail stating that a sale by auction of the trailer is to be made pursuant to the provisions of NRS 108.310.

      Sec. 77.  NRS 232.230 is hereby amended to read as follows:

      232.230  1.  The department of commerce is hereby created.

      2.  The department consists of a director and the following divisions:

      (a) Banking division.

      (b) Consumer affairs division.

      (c) Credit union division.

      (d) Housing division.

      (e) Insurance division.

      (f) Manufactured housing division.

      (g) Real estate division.

      [(g)](h) Savings and loan division.

      [(h)](i) State fire marshal division.

      Sec. 77.5.  Section 19 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 19.  NRS 232.230 is hereby amended to read as follows:

       232.230  1.  The department of commerce is hereby created.

       2.  The department consists of a director and the following divisions:

       (a) Banking division.

       (b) Consumer affairs division.

       (c) Credit union division.

       (d) Housing division.

       (e) Insurance division.

       (f) Manufactured housing division.

       (g) [Real estate division.

       (h)]Savings and loan division.

       [(i)](h) State fire marshal division.

 

      Sec. 78.  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] the 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] make the appointments after consultation with and concurrence of [such] the organizations.


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ê1979 Statutes of Nevada, Page 1219 (Chapter 592, SB 173)ê

 

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] make the appointments after consultation with and concurrence of [such] the 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 at 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 manufactured housing division shall be known as the administrator of the manufactured housing division, 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. 79.  Chapter 461 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Division” means the manufactured housing division of the department of commerce.

      Sec. 80.  NRS 461.040 is hereby amended to read as follows:

      461.040  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 461.050 to 461.160, inclusive, and section 79 of this act, have the meanings ascribed to them in such sections.

      Sec. 81.  NRS 461.050 is hereby amended to read as follows:

      461.050  “Approval” means conforming to the requirements, and obtaining the approval, of the [department.] division.

      Sec. 82.  NRS 461.080 is hereby amended to read as follows:

      461.080  “Factory-built housing” means a residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site in accordance with regulations adopted by the [department] division pursuant to NRS 461.170 but [shall] does not include a mobile home.

      Sec. 83.  NRS 461.143 is hereby amended to read as follows:

      461.143  “Modular building” means an office, apartment, school, motel or other building, whether it is a total building or a room, which is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled on site in accordance with regulations adopted by the [department] division pursuant to NRS 461.170, but does not include a mobile home.


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ê1979 Statutes of Nevada, Page 1220 (Chapter 592, SB 173)ê

 

      Sec. 84.  NRS 461.170 is hereby amended to read as follows:

      461.170  1.  The following codes, as revised from time to time, are hereby adopted for the purposes of this chapter:

      (a) The Uniform Housing Code;

      (b) The Uniform Building Code, as adopted by the International Conference of Building Officials;

      (c) The Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials;

      (d) The Uniform Mechanical Code, as adopted by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials;

      (e) The National Electrical Code, as adopted by the National Fire Protection Association;

      (f) The Uniform Building Code, Dangerous Building, as adopted by the International Conference of Building Officials; and

      (g) The Uniform Building Code Standards, as adopted by the International Conference of Building Officials.

      2.  The [department shall adopt such rules and regulations as may be] division may adopt regulations necessary to carry out the provisions of this chapter and the uniform codes adopted by this section. [Such rules and regulations shall] The regulations may be revised when necessary to conform substantially to amendments to [such] the uniform codes.

      3.  The codes and [rules and] regulations adopted under this section [shall] do not prevent a local enforcement agency from imposing more stringent standards.

      Sec. 85.  NRS 461.180 is hereby amended to read as follows:

      461.180  The [department] division shall establish a schedule of fees to cover the costs incurred by the [department] division in the administration and enforcement of the provisions of this chapter and the [rules and] regulations established by the [department.] division.

      Sec. 86.  NRS 461.190 is hereby amended to read as follows:

      461.190  1.  Factory-built housing manufactured after the effective date of the regulations for [such] that housing adopted pursuant to this chapter which is sold or offered for sale to first users within this state [shall] must bear insignia of approval issued by the [department.] division.

      2.  A manufactured building, fabricated after the effective date of the regulations for [such] those buildings adopted pursuant to this chapter, which is sold or offered for sale to a first user within this state [shall] must bear an insignia of approval issued by the [department.] division.

      3.  The [department] division may issue insignia, medallions, symbols or tags issued by the appropriate certifying authority designated by the uniform codes adopted pursuant to NRS 461.170, signifying compliance with all of the provisions of NRS 461.170.

      4.  The [department may also] division may provide by regulation for the approval of any factory-built housing or manufactured building which has been inspected and approved by the appropriate certifying authorities of another jurisdiction which has adopted all of the codes specified in NRS 461.170 without additional inspection or issuance of additional insignia, medallions, symbols or tags by the [department.]


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ê1979 Statutes of Nevada, Page 1221 (Chapter 592, SB 173)ê

 

additional insignia, medallions, symbols or tags by the [department.] division.

      Sec. 87.  NRS 461.210 is hereby amended to read as follows:

      461.210  No factory-built housing or manufactured building bearing a [department] division insignia of approval pursuant to NRS 461.190 [shall] may be in any way modified [prior to,] before or during [,] installation unless approval is first obtained from the [department.] division.

      Sec. 88.  NRS 461.220 is hereby amended to read as follows:

      461.220  Whenever there is definite evidence that any material, appliance, device, arrangement, system or method of construction does not conform to the standards set by the regulations of the [department,] division, it may require tests or proof of compliance to be made at the expense of the manufacturer or his agent, subject to a right of appeal.

      Sec. 89.  NRS 461.230 is hereby amended to read as follows:

      461.230  1.  The [department] division shall hear appeals brought by any person regarding the application to [such] that person of any [rule or] regulation of the [department promulgated] division adopted pursuant to this chapter. Any [such appeals shall] appeal must first be submitted to the local enforcement agency, if any, delegated by the [department] division to enforce the provisions of this chapter. The [department shall] division may not hear any appeal regarding any local ordinance, rule or regulation related to the installation of factory-built housing or manufactured buildings.

      2.  The [department may promulgate rules] division may adopt regulations pertaining to the hearing of appeals under the provisions of this section.

      Sec. 90.  NRS 461.240 is hereby amended to read as follows:

      461.240  1.  The [department] division shall enforce every provision of this chapter and the regulations adopted pursuant thereto, except as provided in NRS 461.260.

      2.  Nothing in this chapter [shall be construed to prevent the department] prevents the division from delegating by written contract its enforcement authority to local government agencies.

      Sec. 91.  NRS 461.250 is hereby amended to read as follows:

      461.250  1.  The [director] administrator of the [department] division or any person authorized by him [in writing] may institute any appropriate action to enforce this chapter, or to prevent, restrain, correct or abate any violation of this chapter.

      2.  In order properly to carry out the provisions of this chapter, the [director] administrator of the [department] division or any person authorized by him [in writing] may:

      (a) Conduct hearings;

      (b) Issue subpenas; and

      (c) Administer oaths.

      Sec. 92.  NRS 461.260 is hereby amended to read as follows:

      461.260  1.  Local enforcement agencies shall enforce and inspect the installation of factory-built housing and manufactured buildings.

      2.  Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.


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ê1979 Statutes of Nevada, Page 1222 (Chapter 592, SB 173)ê

 

requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.

      3.  Nothing in this chapter [shall be construed to prohibit] prohibits any appropriate local government authority from examining and approving all plans, applications or building sites.

      4.  A local government authority may inspect Nevada manufacturers of factory-built housing or manufactured buildings to insure compliance with all provisions of NRS 461.170. [Prior to] Before conducting an initial inspection of any such manufacturer, a local government authority shall give 10 days’ written notice to the [director] administrator of the [department of commerce. Such] division. The local government authority need not give notice to the [director prior to] administrator before conducting subsequent inspections of [such] the manufacturer.

      Sec. 93.  (Deleted by amendment.)

      Sec. 94.  NRS 481.048 is hereby amended to read as follows:

      481.048  1.  There is hereby created, within the registration division of the department, a section known as the vehicle compliance and enforcement section.

      2.  The director shall appoint within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, field dealer inspectors in the vehicle compliance and enforcement section of the registration division of the department.

      3.  The duties of field dealer inspectors shall be to travel the state and:

      (a) Act as field agents and inspectors in the enforcement of the provisions of chapters 482 [,] and 487 [and 489] of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.500, inclusive, as [such] those sections pertain to motor vehicles, trailers, motorcycles, [mobile homes,] recreational vehicles and semitrailers, as defined in chapter 482 of NRS.

      (b) Act as adviser to dealers in connection with any problems arising under the provisions of [such] that chapter.

      (c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.

      (d) Perform such other duties as may be imposed by the director.

      4.  Field dealer inspectors have the powers of peace officers to enforce any law of the State of Nevada in carrying out their duties under this section and are not entitled to retire under the early retirement provisions of chapter 286 of NRS applicable to police officers and firemen.

      Sec. 94.5.  NRS 482.127 is hereby amended to read as follows:

      482.127  “Travel trailer” means a portable structure mounted on wheels, constructed on a vehicular-type chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle [. When equipped for highway use, the structure may not exceed 8 feet in width nor 40 feet in body length.] and designated by the manufacturer as a travel trailer. A vehicle is not a travel trailer if, when equipped for highway use, it is more than 8 feet wide.

      Sec. 95.  NRS 482.135 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1223 (Chapter 592, SB 173)ê

 

      482.135  1.  “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

      2.  The term does not include mobile homes or commercial coaches as defined in chapter 489 of NRS.

      Sec. 96.  NRS 482.210 is hereby amended to read as follows:

      482.210  The provisions of this chapter requiring the registration of certain vehicles do not apply to:

      1.  Special mobile equipment.

      2.  Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.

      3.  Any mobile home [not moved on any highway or road within the state.] or commercial coach subject to the provisions of chapter 489 of NRS.

      4.  Golf carts which are:

      (a) Traveling from the residence or temporary abode of the owner or operator thereof to a golf course;

      (b) Traveling upon streets properly designated by the appropriate city or county as permissible for the operation of golf carts; and

      (c) Operating pursuant to a permit issued in accordance with rules and regulations adopted by the appropriate city or county.

      5.  Mopeds.

      Sec. 97.  NRS 482.322 is hereby amended to read as follows:

      482.322  1.  [Except as provided in NRS 482.324, no] No person may engage in the activities of a vehicle dealer, manufacturer or rebuilder in this state, or be issued any other license or permit required by this chapter, until he has been issued a dealer’s, manufacturer’s, rebuilder’s or lessor’s license certificate or similar license or permit required by the department.

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

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

      4.  If a vehicle dealer has one or more branches, he shall procure from the department a license for each branch in addition to the license issued for his principal place of business.

      5.  The department shall specify on each license it issues:

      (a) The name of the licensee;

      (b) The location for which the license is issued; and

      (c) The name under which the licensee does business at that location.

      6.  The vehicle dealer’s bond required by NRS 482.345 covers the dealer’s principal place of business and all branches operated by him if:

      (a) All of his places of business are located within one county; and

      (b) All are operated under the same name.

For any place of business located outside the county of the dealer’s principal office, or any place of business operated under a different name, the dealer shall procure a separate bond.


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ê1979 Statutes of Nevada, Page 1224 (Chapter 592, SB 173)ê

 

      Sec. 97.4.  Section 13 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 13.  NRS 119.015, 119.030, 119.050, 119.055, 119.090, 119.114, 119.116, 119.118, 119.140 to 119.170, inclusive, 119.180 to 119.200, inclusive, 119.240 to 119.320, inclusive, 645.001 to 645.310, inclusive, and 645.324 to 645.850, inclusive, are hereby repealed.

 

      Sec. 97.5.  Section 23 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 23.  (Deleted by amendment.)

 

      Sec. 98.  NRS 482.330 is hereby amended to read as follows:

      482.330  1.  Upon issuance of a dealer’s, manufacturer’s or rebuilder’s license certificate pursuant to NRS 482.322, [or upon the issuance of a new or used mobile home dealer’s, manufacturer’s or rebuilder’s license pursuant to chapter 489 of NRS,] the department shall furnish to the manufacturer, dealer or rebuilder one or more registration certificates and special plates for use on vehicles which come within the provisions of NRS 482.320. [Every such plate shall] Each plate must have displayed upon it the identification number which is assigned to the dealer, manufacturer or rebuilder, and may at the discretion of the department have a different letter or symbol on each plate or pair of plates. [Such] The manufacturer, dealer or rebuilder license plates may be used interchangeably on [such] that vehicle.

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

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

      Sec. 99.  NRS 482.362 is hereby amended to read as follows:

      482.362  1.  [Except as provided in NRS 482.324, no] No person may engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.

      (b) Proof of the employment of [such] the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time [such] the application is filed.

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

      (d) Payment of a nonrefundable license fee of $5 per year. [Such licenses shall expire] The license expires on December 31 of each calendar year.


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ê1979 Statutes of Nevada, Page 1225 (Chapter 592, SB 173)ê

 

licenses shall expire] The license expires on December 31 of each calendar year.

      (e) [Such] Any other information [as] the department [may deem] deems necessary.

      2.  The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.

      3.  A vehicle, trailer or semitrailer salesman’s license issued pursuant to this chapter [shall] does not permit a person to engage in the business of a mobile home salesman.

      4.  An application for a salesman’s license may be denied and a salesman’s license may be suspended or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

      (b) Conviction of a felony.

      (c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.

      (d) Falsification of the application.

      (e) Any reason determined by the director to be in the best interests of the public.

      5.  A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who [shall] must be a licensed dealer, lessor or rebuilder.

      6.  If an application for a salesman’s license has been denied, the applicant may reapply after a period not less than 6 months has elapsed from the date of the denial.

      7.  A salesman’s license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom he is licensed to sell vehicles.

      8.  If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of $2 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesman’s license to his employer.

      9.  If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days.

      10.  A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of such employment within 10 days following the date of termination by forwarding the salesman’s license to the department.

      11.  Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.

      Sec. 99.5.  Section 24 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read as follows:

       Sec. 24.  (Deleted by amendment.)

      Sec. 100.  NRS 482.363 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1226 (Chapter 592, SB 173)ê

 

      482.363  1.  Any person, other than a new or used vehicle dealer licensed under the provisions of NRS 482.325, [or mobile home dealer licensed under the provisions of NRS 489.420] who engages in the leasing of vehicles in this state as a long-term or short-term lessor, shall:

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

      (b) Post a bond;

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

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

      (e) Pay a fee of $25.

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

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

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

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

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

      Sec. 101.  NRS 482.423 is hereby amended to read as follows:

      482.423  1.  When a new vehicle is sold in this state, the seller shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the department and include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.

      2.  The seller shall submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin to the department within 20 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale or within 20 days after the date of sale, whichever is later, unless an extension of time is granted by the department, and shall furnish one copy to the buyer.


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ê1979 Statutes of Nevada, Page 1227 (Chapter 592, SB 173)ê

 

and the manufacturer’s certificate or statement of origin to the department within 20 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale or within 20 days after the date of sale, whichever is later, unless an extension of time is granted by the department, and shall furnish one copy to the buyer. One copy [shall] must be affixed to the right front windshield of the vehicle, which permits the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.

      3.  The department shall furnish a special permit for use when a contract of sale is entered, for the purpose of enabling the buyer to operate the vehicle for a period not to exceed 10 days. Upon execution of all required documents to complete the sale of a vehicle, the dealer shall remove this permit and execute a dealer’s report of sale as required by this section.

      [4.  In addition to the requirements of subsection 2, a dealer who sells a new mobile home shall deliver the buyer’s copy of the report of sale to him at the time of sale and shall submit another copy within 10 days after the date of sale to the county assessor of the county in which the mobile home will be located.]

      Sec. 102.  NRS 482.424 is hereby amended to read as follows:

      482.424  1.  When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealer’s or rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be in a form prescribed by the department and include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealer’s or rebuilder’s report of sale.

      2.  The seller shall submit the original of the dealer’s or rebuilder’s report of sale to the department within 30 days after the execution of all instruments which the contract of sale requires to be executed at the time of sale, unless an extension of time is granted by the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle, and shall furnish one copy to the buyer. One copy [shall] must be affixed to the front right windshield of the vehicle, which [shall permit] permits the vehicle to be operated for a period not to exceed 10 days. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.

      3.  The department shall furnish a special permit which may be used when a contract of sale is made, for the purpose of enabling the buyer to operate the vehicle purchased by him for a period not to exceed 10 days.


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

ê1979 Statutes of Nevada, Page 1228 (Chapter 592, SB 173)ê

 

used when a contract of sale is made, for the purpose of enabling the buyer to operate the vehicle purchased by him for a period not to exceed 10 days. Upon executing all documents necessary to complete the sale of the vehicle, the dealer shall remove the special permit and execute the dealer’s “report of sale,” as required by subsections 1 and 2 of this section.

      [4.  In addition to the requirements of subsection 2, a dealer who sells a used mobile home shall deliver to the buyer the buyer’s copy of the report of sale at the time of sale, and submit another copy within 10 days after the date of sale to the county assessor of the county in which the mobile home will be located.]

      Sec. 103.  NRS 482.427 is hereby amended to read as follows:

      482.427  1.  [Except as provided in subsection 2, upon] Upon receipt of the documents required respectively by NRS 482.423, 482.424 and 482.426 to be submitted to it, the department shall issue a certificate of ownership.

      2.  [The department shall not issue a certificate of ownership of a used mobile home upon receipt of the documents required by NRS 482.426 to be submitted to it, unless the county assessor of the county in which the mobile home was situate at the time of sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.

      3.  Every certificate of ownership issued for a used mobile home shall contain a warning, printed or stamped on its face in red, to the effect that title to a used mobile home does not pass until the county assessor of the county in which the mobile home was situate at the time of sale has endorsed on the certificate that all personal property taxes due on that mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.

      4.] If no security interest is created or exists in connection with the sale, the certificate of ownership shall be issued to the buyer.

      [5.]3.  If a security interest is created by the sale, the certificate of ownership shall be issued to the secured party or to his assignee.

      Sec. 104.  NRS 482.433 is hereby amended to read as follows:

      482.433  NRS 482.423 to 482.432, inclusive, do not apply to a security interest in:

      1.  Any vehicle which constitutes inventory held for sale; or

      2.  Any vehicle [, other than a mobile home,] not required to be registered under this chapter.

Security interests in all such vehicles are governed by NRS 104.9101 to 104.9507, inclusive.

      Sec. 105.  Chapter 487 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in this chapter the term “state agency” means:

      1.  The manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches.

      2.  The department of motor vehicles with regard to all other vehicles subject to registration under the laws of this state.

      Sec. 106.  NRS 487.010 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1229 (Chapter 592, SB 173)ê

 

      487.010  1.  Every keeper of a garage, parking area or trailer park who provide storage for vehicles subject to registration under the laws of this state shall report the presence of stored vehicles to the persons set forth in subsection 3 as follows:

      (a) If there is reason to believe that the vehicle is stolen, abandoned or secreted, within 24 hours of [such] storage.

      (b) If there is reason to believe that the vehicle has been stored without the knowledge or consent of the registered owner, within 5 days of [such] storage.

      (c) In any event within 30 days of [such] storage even though notice may have previously been given under the provisions of paragraphs (a) and (b).

      2.  The notice [shall] must be made on forms provided by the [department of motor vehicles and shall] state agency and include the vehicle registration plate number, the vehicle identification number and [such] any other information as may be available which will aid in identifying the registered and the legal owner of the vehicle.

      3.  Notice [shall] must be made in person or by mail to:

      (a) The sheriff of the county in which the vehicle is stored; or

      (b) If the vehicle is stored in an incorporated city, the chief of police of the city; and

      (c) The [department of motor vehicles.] state agency.

      4.  The notice required by this section [shall] must be made only to the [department of motor vehicles] state agency if the vehicle has been stored at the direction of either the sheriff of the county or, in the case of an incorporated city, the chief of police of the city in which the vehicle is stored.

      5.  Immediately upon receipt of the notice the [department] state agency shall:

      (a) If the vehicle is registered in this state, notify the legal owner and any holder of a security interest who appears of record.

      (b) If the vehicle is registered in another state, request from the appropriate agency of that state the name and address of the legal owner and holder of a security interest. If such names and addresses are obtained, the [department of motor vehicles] state agency shall notify each of such persons. The [department of motor vehicles] state agency may utilize local law enforcement agencies of [the State of Nevada] this state to obtain the necessary information.

      6.  Failure to comply with the provisions of subsections 1 to 3, inclusive, renders any lien for storage beyond 24 hours, 5 days or 30 days, respectively, void.

      Sec. 107.  NRS 487.100 is hereby amended to read as follows:

      487.100  [Any]1.  Except as provided in subsection 2, any automobile wrecker purchasing any vehicle subject to registration under the laws of this state shall forward to the department the certificates of ownership and registration last issued therefor. [The department]

      2.  The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the division of manufactured housing.

      3.  The state agency may issue without charge to the licensee a certificate of dismantling, containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.


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

ê1979 Statutes of Nevada, Page 1230 (Chapter 592, SB 173)ê

 

certificate of dismantling, containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.

      Sec. 108.  NRS 487.110 is hereby amended to read as follows:

      487.110  1.  Whenever a vehicle subject to registration is sold as salvage as a result of a total loss insurance settlement, the insurance company or its authorized agent shall, within 10 days from settlement of the loss with its insured, forward the endorsed ownership certificate or other evidence of title to the [department.] stage agency.

      2.  Upon sale of the salvage vehicle the insurance company shall issue a bill of sale to the purchaser on a form to be prescribed and supplied by the [department. The department] state agency. The state agency shall accept [such] the bill of sale in lieu of the ownership certificate or other evidence of title when accompanied by an appropriate application or other documents and fees.

      3.  When the salvage vehicle is rebuilt and to be restored to operation, the vehicle [shall] may not be licensed for operation or the ownership thereof transferred until there is submitted to the [department] state agency with the prescribed bill of sale an appropriate application, other documents and fees required, and a certificate of inspection signed by an employee of the [department] state agency attesting to its mechanical fitness and safety.

      4.  When a total loss insurance settlement between the insurance company and its insured results in the retention of the salvage vehicle by the insured, the insurance company or its authorized agent shall, within 10 days from the date of settlement, notify the [department of such] state agency of the retention by its insured upon a form to be [prescribed and] supplied by the [department.] state agency.

      Sec. 109.  NRS 487.120 is hereby amended to read as follows:

      487.120  1.  If the applicant for a certificate of dismantling is unable to furnish the certificates of ownership and registration last issued for the vehicle, the [department] state agency may receive the application, examine into the circumstances of the case and may require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a certificate of dismantling, the [department] state agency may issue the certificate.

      2.  No duplicate certificate of ownership or registration [shall] may be issued when a certificate of dismantling is applied for, and no fees [shall be] are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.

      Sec. 110.  NRS 487.160 is hereby amended to read as follows:

      487.160  1.  The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker is not lawfully entitled thereto, or has made, or knowingly or negligently permitted, any illegal use of [such] that license, or has failed to return a certificate of dismantling to the [department] state agency when and as required of him by NRS 487.040 to 487.190, inclusive, or has failed to surrender to the [department] state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.


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

ê1979 Statutes of Nevada, Page 1231 (Chapter 592, SB 173)ê

 

487.040 to 487.190, inclusive, or has failed to surrender to the [department] state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of temporary denial or suspension, or within 60 days after receipt of the notice of absolute denial or revocation, petition the department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom shall be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny [such] a license to an applicant therefor, if the licensee or applicant:

      (a) Does not have or maintain an established place of business in this state.

      (b) Made a material misstatement in the application.

      (c) Willfully fails to comply with any provision of NRS 487.040 to 487.190, inclusive.

      (d) Voluntarily fails for any length of time, or fails for any reason and for 60 days or more, to furnish and keep in force any bond required by NRS 487.040 to 487.190, inclusive.

      (e) Fails to discharge any final judgment entered against him when [such] the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

      (f) Fails to maintain any license or bond required by a political subdivision of this state.

      5.  For the purposes of this section, failure to adhere to the directives of the [director] state agency advising the licensee of his noncompliance with any provision of NRS 487.040 to 487.190, inclusive, or [rules and] regulations of the [department,] state agency, within 10 days of receipt of [such] those directives, is prima facie evidence of willful failure to comply.

      Sec. 111.  NRS 487.170 is hereby amended to read as follows:

      487.170  Every licensed automobile wrecker, rebuilder or scrap processor shall maintain a record of all vehicles dismantled or wrecked, which [shall contain] contains the name and address of the person from whom the vehicle was purchased or acquired and the date thereof, the registration number last assigned to the vehicle and a brief description of the vehicle, including, insofar as the data may exist with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The record [shall] must be open to inspection during business hours by any peace officer or investigator of the [department.] state agency.

      Sec. 112.  NRS 487.230 is hereby amended to read as follows:

      487.230  1.  Any sheriff, constable, member of the Nevada highway patrol, field investigator of the vehicle compliance and enforcement section of the registration division or inspector or field agent of the motor carrier division of the department, designated employees of the manufactured housing division of the department of commerce, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who has reason to believe that a vehicle has been abandoned in his jurisdiction may remove [such] the vehicle from any public property or, at the request of the owner or person in possession or control of any private property, from [such] that private property.


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

ê1979 Statutes of Nevada, Page 1232 (Chapter 592, SB 173)ê

 

or policeman of any city or town who has reason to believe that a vehicle has been abandoned in his jurisdiction may remove [such] the vehicle from any public property or, at the request of the owner or person in possession or control of any private property, from [such] that private property.

      2.  Any person who removes an abandoned vehicle pursuant to subsection 1 shall take [such] the vehicle to the nearest garage or other place designated by the [department] state agency or political subdivision for storage.

      Sec. 113.  NRS 487.240 is hereby amended to read as follows:

      487.240  The [department] state agency or the political subdivision employing the person who removed the vehicle shall have the vehicle appraised within 10 days after its removal by a person designated by the [department.] state agency.

      Sec. 114.  NRS 487.250 is hereby amended to read as follows:

      487.250  1.  The [department] state agency or political subdivision shall, within 48 hours after the appraisal notify the [director of the department] head of the state agency of the removal of the vehicle. The notice [shall] must contain:

      (a) A description of the vehicle.

      (b) The appraised value of the vehicle.

      (c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.

      2.  The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.

      3.  Failure to reclaim within 15 days after notification a vehicle appraised at $200 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.

      4.  If all recorded interests in a vehicle appraised at $200 or less are waived, either as provided in subsection 3 or by written disclaimer by any person having an interest in the vehicle, the [department] state agency shall issue a certificate of dismantling to the automobile wrecker to whom the vehicle may have been delivered or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.

      Sec. 115.  NRS 487.260 is hereby amended to read as follows:

      487.260  If the vehicle is appraised at a value of more than $200 the [department] state agency or political subdivision which removed is shall dispose of it as provided in NRS 487.270.

      Sec. 116.  (Deleted by amendment.)

      Sec. 117.  1.  NRS 461.010, 461.060, 482.324, 482.3611, 482.3971 to 482.3977, inclusive, 489.011, 489.080, 489.089, 489.136, 489.1361, 489.140, 489.270 to 489.370, inclusive, and 489.390 to 489.500, inclusive, are hereby repealed.

      2.  NRS 489.380 is hereby repealed.


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

ê1979 Statutes of Nevada, Page 1233 (Chapter 592, SB 173)ê

 

      Sec. 118.  Sections 11, 97, 101, 102, 113 and 114 and subsection 2 of section 117 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 593, SB 204

Senate Bill No. 204–Committee on Taxation

CHAPTER 593

AN ACT relating to governmental finance; fixing statutory limits on the state budget, on expenditures by local governments and on the general tax rate; making appropriations; and providing other matters properly relating thereto.

 

[Approved June 2, 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 to 3.5, inclusive, of this act.

      Sec. 2.  The total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.

      Sec. 3.  1.  In any year in which the total taxes levied by all overlapping units within the boundaries of the state exceed the limitation imposed by section 2 of this act, and it becomes necessary for that reason to reduce the levies made by any of those units, the reduction so made must be in taxes levied by those units (including the state) for purposes other than the payment of bonded indebtedness, including interest thereon.

      2.  The taxes levied for the payment of bonded indebtedness and the interest thereon enjoy a priority over taxes levied by each such unit (including the state) for all other purposes where reduction is necessary to comply with the limitation imposed by section 2 of this act.

      Sec. 3.5.  All household goods and furniture used by a single household and owned by a member of that household are exempt from taxation.

      Sec. 4.  NRS 361.455 is hereby amended to read as follows:

      361.455  1.  Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.

      2.  Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the [constitutional tax rate limit,] limit imposed by section 2 of this act, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within the county for the purpose of establishing a combined tax rate that conforms to the [constitutional limitations.]


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

ê1979 Statutes of Nevada, Page 1234 (Chapter 593, SB 204)ê

 

shall call a meeting of the governing boards of each of the local governments within the county for the purpose of establishing a combined tax rate that conforms to the [constitutional limitations.] statutory limit. The chairman shall convene the meeting no later than May 5 of each year.

      3.  The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, shall be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the [constitutional] statutory limit. [That portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by action of the governing boards pursuant to this section.]

      4.  The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney shall be the legal advisor for such proceedings.

      5.  The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.

      6.  If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the [constitutional tax rate] statutory limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On May 25 or, if May 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools.


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

ê1979 Statutes of Nevada, Page 1235 (Chapter 593, SB 204)ê

 

[composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195.]

      7.  Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by June 30 next after the approval and certification of the rate by the Nevada tax commission.

      8.  A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.

      Sec. 5.  NRS 361.482 is hereby amended to read as follows:

      361.482  [When an] The ad valorem tax on property [is] levied by the legislature [for a designated fiscal year, such tax] shall be collected, in one sum or in installments as provided by this chapter, during [the designated] each fiscal year upon:

      1.  Property assessed during that fiscal year which is not placed upon the secured roll.

      2.  Property assessed during the preceding fiscal year which was placed upon the secured roll.

      Sec. 6.  Chapter 118 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Unless exempted by subsection 3, every landlord of real property leased or otherwise rented to a tenant shall deliver to the tenant in July of each year, and whenever the periodic rent changes, a statement which shows separately for each periodic payment of rent:

      (a) The amount which represents property taxes paid by the landlord; and

      (b) The remainder of that payment.

      2.  If the property rented is one of several upon which the landlord pays taxes together, the amount which represents property taxes must be calculated by:

      (a) Apportioning the total property tax paid for the year upon the entire property among the individual properties rented according to their respective areas.

      (b) Reducing the amount so apportioned to each particular property for the year by the appropriate fraction to correspond to the period for which rent on it is paid.

      3.  This section does not apply to:

      (a) Any property covered by a written agreement which requires the tenant to pay the property tax or otherwise provides for calculation and notice to the tenant of its amount.

      (b) Any lodging unless it contains its own cooking and toilet facilities, separate from other living quarters.

      (c) Any room in a hotel or motel.

      (d) Any concession within a larger commercial enterprise, or any other property not customarily used separately from adjacent units.

      (e) Any property for which the rent is a share of sales or profit.

      4.  The statements required in July 1979 by subsection 1 must show, in addition to the information required as of the date the statement is prepared, the comparable information as of July 1978. Each landlord of property which is subject to this section shall reduce the periodic rent otherwise payable by an amount equal to any reduction from 1978 to 1979 of the amount which represents property taxes as shown in the statements required by that subsection.


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

ê1979 Statutes of Nevada, Page 1236 (Chapter 593, SB 204)ê

 

property which is subject to this section shall reduce the periodic rent otherwise payable by an amount equal to any reduction from 1978 to 1979 of the amount which represents property taxes as shown in the statements required by that subsection.

      5.  This section does not purport to regulate the total amount of rent payable.

      6.  A landlord who fails to reduce the periodic rent in accordance with subsection 4 is liable to each tenant whose rent was not properly reduced for an amount equal to three times the amount which was overpaid by the tenant, unless the landlord shows good cause for the failure.

      Sec. 7.  NRS 244.527 is hereby amended to read as follows:

      244.527  1.  If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the county, regardless of source, which are otherwise legally available therefor.

      2.  If the general fund is insufficient to pay any such deficiency promptly, the board of county commissioners shall levy [, and it shall be its duty to levy,] general (ad valorem) taxes upon all property in the county which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation existing on or after April 23, 1969, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the State of Nevada.

      [3.  Any such tax levy shall enjoy the same priority as provided by NRS 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the State of Nevada.]

      Sec. 8.  NRS 244.911 is hereby amended to read as follows:

      244.911  1.  If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the county, regardless of source, which are otherwise legally available therefor.

      2.  If the general fund [shall be] is insufficient to pay any such deficiency promptly, the board shall levy [, and it shall be its duty to levy,] general (ad valorem) taxes upon all property in the county which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the State of Nevada.

      [3.  Any such tax levy shall enjoy the same priority as provided by NRS 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.]

 


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

ê1979 Statutes of Nevada, Page 1237 (Chapter 593, SB 204)ê

 

in order to comply with the limitations of section 2 of article 10 of the constitution of the state.]

      Sec. 9.  NRS 271.495 is hereby amended to read as follows:

      271.495  1.  If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the municipality, regardless of source, which are otherwise legally available therefor.

      2.  If the general fund [shall be] is insufficient to pay any such deficiency promptly, the governing body shall levy [, and it shall be its duty to levy,] general (ad valorem) taxes upon all property in the municipality which is by law taxable for state, county and municipal purposes, without regard to any statutory or charter tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.

      [3.  Any such tax levy shall enjoy the same priority as provided by NRS 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.]

      Sec. 10.  NRS 309.337 is hereby amended to read as follows:

      309.337  The provisions of the Local Government Securities Law, as from time to time amended, [shall be applicable] apply to any securities authorized to be issued under NRS 309.332 to 309.339, inclusive, but in the event of conflict the provisions of NRS 309.332 to 309.339, inclusive, [shall be controlling. The application of the Local Government Securities Law shall include, without limitation, the application of NRS 350.600 to any general obligation of the district.] control.

      Sec. 11.  Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In preparing the state budget for each biennium, the chief shall not exceed the limit upon total proposed expenditures for purposes other than construction from the state general fund calculated pursuant to this section. The base for each biennium is the total expenditure, for the purposes limited, from the state general fund appropriated and authorized by the legislature for the biennium beginning on July 1, 1975.

      2.  The limit for each biennium is calculated as follows:

      (a) The amount of expenditure constituting the base is multiplied by the percentage of change in population for the current biennium from the population on July 1, 1974, and this product is added to or subtracted from the amount of expenditure constituting the base.

      (b) The amount calculated under paragraph (a) is multiplied by the percentage of inflation or deflation, and this product is added to or subtracted from the amount calculated under paragraph (a).

      (c) If the amount resulting from the calculations under paragraph (a) and (b) represents a new increase over the base biennium the chief may increase the proposed expenditure accordingly. If the amount represents a net decrease, the chief shall decrease the proposed expenditure accordingly.


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ê1979 Statutes of Nevada, Page 1238 (Chapter 593, SB 204)ê

 

a net decrease, the chief shall decrease the proposed expenditure accordingly. If the amount is the same as in the base biennium, the amount is the limit of permissible proposed expenditure.

      3.  The revised estimate of population for the state issued by the United States Department of Commerce as of July 1, 1974, must be used, and the governor shall certify the percentage of increase or decrease in population for each succeeding biennium. The Consumer Price Index published by the United States Department of Labor for July preceding each biennium must be used in determining the percentage of inflation or deflation.

      4.  The chief may exceed the limit to the extent necessary to meet situations in which there is a threat to life or property.

      Sec. 12.  NRS 353.150 is hereby amended to read as follows:

      353.150  NRS 353.150 to 353.246, inclusive, and section 3 of [Senate Bill No. 171 of the 60th session of the Nevada legislature, and] chapter 78, Statutes of Nevada 1979, sections 5 and 6 of [this act] chapter 364, Statutes of Nevada 1979, and section 11 of this act may be cited as the State Budget Act.

      Sec. 13.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 16, inclusive, of this act.

      Sec. 14.  1.  The amount budgeted by a local government, except a school district, pursuant to NRS 354.598 for the fiscal year commencing July 1, 1978, for expenditure from its general fund, less any amount allowed as an ending balance for that fiscal year and less any contribution to the state for aid to the medically indigent, is the base from which the permissible expenditure from that fund in subsequent years must be calculated.

      2.  The governing body of a local government, except a school district, shall calculate the level of permissible expenditure from its general fund for a given year as follows:

      (a) The amount of expenditure in the base year is multiplied by the percentage of change in population in the current year from the base year and this product is added to or subtracted from the amount of expenditure in the base year.

      (b) The amount calculated under paragraph (a) is multiplied by 80 percent of the average annual percentage of inflation or deflation for the 60 months preceding the month of November preceding the fiscal year for which the budget is prepared and further multiplied by the number of years from July 1, 1978, to July 1 of the year for which the budget is prepared, and this product is added to or subtracted from the amount calculated under paragraph (a).

      (c) If the amount resulting from the calculations under paragraphs (a) and (b) represents a net increase over the base year, a governing body may increase its expenditure accordingly. If the amount represents a net decrease, the governing body shall decrease its expenditure accordingly. If the amount is the same as in the base year, expenditures must not be increased.

      3.  The department of taxation shall disapprove any budget of a governing body which does not comply with the limitations of subsections 1 and 2.


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ê1979 Statutes of Nevada, Page 1239 (Chapter 593, SB 204)ê

 

      4.  On or before December 1 of each year, the governor shall certify the percentage of increase or decrease in population for each county and city. Every other local government, except a school district, must use the percentage of increase or decrease in population for the county in which it, or the largest fraction of its population, is located. If the Nevada tax commission finds that the percentage of increase or decrease in population so determined for a general improvement district or other special district differs grossly from the actual percentage, it may determine an equitable percentage to be used. Any local government which believes that the percentage certified by the governor is not a true figure may appeal the certification to the tax commission, which may increase or decrease the percentage as the evidence before it reasonably requires. The decision of the tax commission is final.

      5.  The Consumer Price Index for All Urban Consumers, published by the United States Department of Labor, must be used in determining the percentage of inflation or deflation.

      6.  The governing body of a local government, except a school district, may exceed the limitation imposed by subsections 1 and 2:

      (a) To the extent necessary to meet situations not reasonably foreseeable in which there is a threat to life or property, or requirements for expenditure which are not subject to the control of the local government, if in either case the legislative commission approves the proposed expenditure.

      (b) To the extent necessary to provide a new or expanded program of service if:

             (1) The program of service is to be supported entirely by ad valorem taxes which do not exceed the statutory limit on ad valorem taxes; and

             (2) The governing body proposes the program and it is approved by a majority of the voters voting on the question in a general election or a special election called for that purpose.

Such an approval may be made effective for not more than 2 years.

      Sec. 15.  1.  Except as otherwise provided in this section, for the purposes of NRS 354.599 and 354.615 and section 14 of this act, “general fund” means the aggregate of all funds supported in whole or in part by taxes or license fees, except a tax on aviation fuel.

      2.  The term does not include:

      (a) An enterprise fund;

      (b) An intragovernmental service fund or a trust or agency fund;

      (c) A fund set up to account for one or more projects of capital construction or for revenues from special assessments;

      (d) A debt service fund; or

      (e) A regional street and highway fund.

      3.  The limit imposed by section 14 of this act does not apply to expenditures:

      (a) Of a fair and recreation board or a hospital, except the expenditure of revenue from ad valorem taxes or license fees for gaming;

      (b) Of a metropolitan police department;

      (c) From money accumulated during several years for a specified purpose; or

      (d) Of money received from the Federal Government.


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ê1979 Statutes of Nevada, Page 1240 (Chapter 593, SB 204)ê

 

      4.  The Nevada tax commission shall determine the status of any disputed fund by applying generally recognized principles of governmental accounting. The director of the department of taxation shall, in cases where the designations or sources of revenue for the funds of a local government are changed, determine the manner of taking the changes into account for the purposes of section 14 of this act. If the proportionate contribution of a local government to the support of an agency which is jointly supported by two or more local governments and for which a separate budget is prepared pursuant to this chapter is changed after the base year, the director shall appropriately adjust the calculations required by section 14 of this act.

      Sec. 16.  1.  The Nevada tax commission shall:

      (a) Provide by regulation for reasonable balances to be on hand in funds at the end of a fiscal year, and for the establishment of reasonable contingency funds.

      (b) Establish in each case the base from which permissible expenditures from the general fund are to be calculated for a local government established after July 1, 1978.

      2.  The interim finance committee may allocate funds from the contingency fund to local governments for purposes approved by the legislative commission. For purposes of this section, the legislative commission may approve a local government request if:

      (a) The local government is a general improvement or other special district and not a county, city, town or school district;

      (b) Services provided by the local government are in danger of deteriorating because of financial hardship caused by the imposition of the expenditure limitations of this act; and

      (c) The local government has no other resources available to it.

      Sec. 17.  NRS 354.598 is hereby amended to read as follows:

      354.598  1.  At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons shall be given an opportunity to be heard.

      2.  At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget must be adopted on or before May 1 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If such a default budget exceeds the expenditure permitted by section 14 of this act, the Nevada tax commission shall reduce the total expenditure to the permitted amount. If the default budget creates a combined ad valorem tax rate in excess of the [constitutional limit,] limit imposed by section 2 of this act, the Nevada tax commission shall adjust the budget as provided in NRS 361.455.


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ê1979 Statutes of Nevada, Page 1241 (Chapter 593, SB 204)ê

 

budget creates a combined ad valorem tax rate in excess of the [constitutional limit,] limit imposed by section 2 of this act, the Nevada tax commission shall adjust the budget as provided in NRS 361.455.

      3.  The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.

      4.  Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.

      5.  No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.

      Sec. 18.  NRS 354.599 is hereby amended to read as follows:

      354.599  1.  In any year in which the legislature by law increases or decreases the revenues of a local government, and [such increase] that increase or decrease was not included or anticipated in the local government’s final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, [prior to] before July 15 of the budget year, file an amended budget with the department of taxation increasing or decreasing its anticipated revenues and expenditures [over] from that contained in its final budget to the extent of the actual increase or decrease of revenues [made available by such] resulting from the legislative action.

      2.  In any year in which the legislature enacts a law requiring an increase or decrease in expenditures of a local government, which [expenditures were] was not anticipated or included in its final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, [prior to] before July 15 of the budget year, file an amended budget with the department of taxation providing for an increase or decrease in expenditures [over] from that contained in its final budget to the extent of the actual amount made necessary by the legislative action.

      3.  [Such] The amended budget, as approved by the department of taxation, [shall be] is the budget of [such] the local government for the current fiscal year.

      4.  The provisions of this section do not increase the permissible expenditure of a local government from its general fund.

      Sec. 19.  NRS 354.615 is hereby amended to read as follows:

      354.615  1.  If resources actually available during a budget period exceed those estimated, a local government may [institute] augment a budget [augmentation proceeding] in the manner provided below:

      [1.](a) If it is desired to augment the appropriations of an appropriation fund, the governing [board] body shall, by majority vote of all members of the governing [board,] body, adopt a resolution reciting the appropriations to be augmented, and the nature of the unbudgeted resources intended to [implement] be used for the augmentation.


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ê1979 Statutes of Nevada, Page 1242 (Chapter 593, SB 204)ê

 

members of the governing [board,] body, adopt a resolution reciting the appropriations to be augmented, and the nature of the unbudgeted resources intended to [implement] be used for the augmentation.

      [2.](b) Before the adoption of such resolution, the governing [board] body shall publish notice of its intention to act thereon in a newspaper of general circulation in the county for at least one publication. No vote may be taken upon such [budget augmentation] a resolution until 10 days after the publication of the notice.

      [3.](c) If it is desired to augment the budget of any other fund, the governing [board] body shall adopt, by majority vote of all members of the governing [board,] body, a resolution providing therefor at a regular meeting of the [board.] body.

      [4.]2.  A budget augmentation [shall become] becomes effective upon delivery to the department of taxation of a certified copy of the resolution providing therefor.

      3.  A governing body shall not increase the budgeted expenditures from its general fund beyond the amount permitted by section 14 of this act.

      Sec. 20.  Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The amount computed by multiplying the rate levied pursuant to subsection 1 of NRS 387.195 by the average assessed valuation of the school district during the first 3 of the 4 fiscal years preceding the year for which the tax is levied is the base amount from which the permissible amount of revenue to be derived from the tax whose levy is authorized by subsection 1 of NRS 387.195 must be calculated. The average enrollment in the school district during the same 3 years is the base enrollment from which changes in enrollment must be calculated.

      2.  The board of trustees shall calculate the amount of permissible revenue from the specified tax for a given year as follows:

      (a) The base amount is multiplied by the percentage of change in enrollment in the current year from the base enrollment and this product is added to or subtracted from the base amount.

      (b) The amount calculated under paragraph (a) is multiplied by 80 percent of the average annual percentage of inflation or deflation for the 60 months preceding the month of November preceding the fiscal year for which the budget is prepared and this product is added to or subtracted from the amount calculated under paragraph (a).

      (c) If the amount resulting from the calculations under paragraphs (a) and (b) represents a net increase over the base amount, the board of trustees may increase its recommended levy accordingly. If the amount represents a net decrease, the board shall decrease its recommended levy accordingly. If the amount is the same as the base amount, the recommended levy must not be increased.

      3.  The department of taxation shall disapprove any tentative budget of a school district which does not comply with the limitations of subsections 1 and 2.

      4.  On or before December 1 of each year, the state board of education shall certify the percentage of increase or decrease in enrollment for each school district. For the purposes of this section, “enrollment” means the sum of the particular counts of pupils enrolled in and scheduled to attend programs of instruction in the public schools described in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 of NRS 387.1233.


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ê1979 Statutes of Nevada, Page 1243 (Chapter 593, SB 204)ê

 

means the sum of the particular counts of pupils enrolled in and scheduled to attend programs of instruction in the public schools described in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 of NRS 387.1233.

      5.  The Consumer Price Index published by the United States Department of Labor must be used in determining the percentage of inflation or deflation.

      Sec. 21.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district shall be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.

             (4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the first school month of the school year.

             (5) One-fourth the average daily attendance—highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Multiplying the assessed valuation of property in the school district, as certified by the department of taxation for the concurrent school year, by .003 or a greater or lesser multiplier which corresponds to 80 cents for each $100 of assessed valuation minus the rate levied for the current fiscal year pursuant to subsection 1 of NRS 387.195.

      (d) Adding the amounts computed in paragraphs (a) [and (b).] , (b) and (c).

      2.  If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum [shall] must be used in computing basic support.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees [shall] must be credited with attendance during that period.

      Sec. 21.5.  NRS 387.1235 is hereby amended to read as follows:

      387.1235  Local funds available are the [sum of:

      1.  The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the department of taxation for the concurrent school year; and

      2.  The] proceeds of the local school support tax imposed by chapter 374 of NRS. The department of taxation shall furnish an estimate of [such] these proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between [such] the estimate and actual receipts.


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ê1979 Statutes of Nevada, Page 1244 (Chapter 593, SB 204)ê

 

[such] these proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between [such] the estimate and actual receipts.

      Sec. 22.  NRS 387.195 is hereby amended to read as follows:

      387.195  1.  [At the time of levying county taxes, the board of county commissioners of each county shall levy a county school district tax.

      2.  In 1956 and in each year thereafter when the board of county commissioners levies county taxes:

      (a) It shall be mandatory for each board of county commissioners to levy a 70-cent tax on each $100 of assessed valuation of taxable property within the county, which taxes shall be used by the county school district for the maintenance and operation of the public schools within the county school district; and

      (b)]When recommended by the board of trustees of the county school district, [in addition to the mandatory levy of taxes provided in paragraph (a),] each board of county commissioners shall levy a tax [of not to exceed 80] :

      (a) Not more than 50 cents on each $100 of assessed valuation of taxable property within the county for the support of the public schools within the county school district [.] or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year; or

      (b) The rate which will produce the revenue permitted by section 20 of this act,

whichever is lower.

      [(c)]2.  In addition to [the taxes] any tax levied in accordance with [the provisions of paragraphs (a) and (b),] subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the county school district.

      Sec. 23.  NRS 428.050 is hereby amended to read as follows:

      428.050  1.  The board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax for the purposes of providing aid and relief to those persons coming within the purview of this chapter. Such levy shall not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, [exclusive of that required by NRS 428.370.] diminished by 11 cents for each $100 of assessed valuation.

      2.  No county [shall] may expend or contract to expend for purposes of such aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

      3.  No interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners for the purpose of providing resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1 and 2, except that if the health of the poor is placed in jeopardy and there is a lack of moneys to provide necessary medical care under this chapter, the board of county commissioners shall declare an emergency and provide additional funds for medical care only from whatever resources may be available.


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ê1979 Statutes of Nevada, Page 1245 (Chapter 593, SB 204)ê

 

care under this chapter, the board of county commissioners shall declare an emergency and provide additional funds for medical care only from whatever resources may be available.

      Sec. 24.  NRS 428.090 is hereby amended to read as follows:

      428.090  1.  When any nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of funds which may be lawfully appropriated for this purpose pursuant to NRS 428.050.

      2.  If such sick person shall die, then the board of county commissioners shall give or order to be given to such person a decent burial.

      3.  The board of county commissioners shall make such allowance for board, nursing, medical aid or burial expenses as the board shall deem just and equitable, and order the same to be paid out of the county treasury.

      4.  The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section shall be relieved to the extent of the amount of money or the value of services provided by the welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the provisions of NRS 428.150 to [428.370,] 428.360, inclusive.

      Sec. 25.  NRS 428.160 is hereby amended to read as follows:

      428.160  As used in NRS 428.150 to [428.370,] 428.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 428.170 to 428.250, inclusive, shall have the meanings ascribed to them in such sections.

      Sec. 26.  NRS 428.170 is hereby amended to read as follows:

      428.170  “Applicant” means any individual who has applied for assistance under NRS 428.150 to [428.370,] 428.360, inclusive.

      Sec. 27.  NRS 428.250 is hereby amended to read as follows:

      428.250  “State aid to the medically indigent” means the payment for part or all of the cost of medical or remedial care rendered on behalf of individuals as provided in NRS 428.150 to [428.370,] 428.360, inclusive, and in the rules and regulations of the division.

      Sec. 28.  NRS 428.260 is hereby amended to read as follows:

      428.260  The department of human resources through the division shall:

      1.  Administer the plan for assistance to the medically indigent.

      2.  Serve as the single agency responsible for carrying out the provisions of NRS 428.150 to [428.370,] 428.360, inclusive.

      3.  Cooperate with the Federal Government in matters of mutual concern pertaining to state aid to the medically indigent.

      4.  Make such rules and regulations and take such action as may be necessary or desirable to carry out the provisions of NRS 428.150 to [428.370,] 428.360, inclusive, including but not limited to:


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ê1979 Statutes of Nevada, Page 1246 (Chapter 593, SB 204)ê

 

      (a) The establishment of reasonable standards consistent with the objectives of NRS 428.150 to [428.370,] 428.360, inclusive, to determine eligibility for medical and connected or other services or for other services; and

      (b) The determination of the nature and extent of such assistance.

      5.  Provide for cooperation between the welfare division and the health division of the department of human resources, and cooperate with the state board for vocational education, for maximum utilization of health and vocational rehabilitation services in the provision of medical or remedial care under NRS 428.150 to [428.370,] 428.360, inclusive.

      Sec. 29.  NRS 428.280 is hereby amended to read as follows:

      428.280  1.  All individuals wishing to make application for assistance under NRS 428.150 to [428.370,] 428.360, inclusive, shall have the opportunity to do so.

      2.  The application for assistance shall:

      (a) Be made as prescribed by the division; and

      (b) Provide such information as may be required by the division.

      3.  An application need not be made under oath, but any individual making such application who willfully states therein as true any material matter which he knows to be false shall be subject to the penalties for perjury as provided by law.

      Sec. 30.  NRS 428.330 is hereby amended to read as follows:

      428.330  1.  Subject to the approval of the board, the state welfare administrator shall establish the rates or fee schedules for medical or remedial care to be provided under NRS 428.150 to [428.370,] 428.360, inclusive.

      2.  Such rates or fees shall reflect a reasonable cost for providing medical or remedial care and shall be determined by taking into account legislative appropriations to the division.

      3.  The division may enter into contracts providing arrangements under which funds available for medical or remedial care under NRS 428.150 to [428.370,] 428.360, inclusive, shall be administered and disbursed to providers of medical or remedial care in consideration for services rendered and supplies furnished by them in accordance with the provisions of the applicable contract and any schedule of charges or formula for determining payment established pursuant to such contract.

      Sec. 31.  NRS 428.350 is hereby amended to read as follows:

      428.350  1.  For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of assistance to purposes directly connected to the administration of NRS 428.150 to [428.370,] 428.360, inclusive, by the division, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the division is authorized, empowered and directed to establish and enforce reasonable rules and regulations governing the custody, use and preservation of records, files and communications filed with the division.

      2.  Wherever, under provisions of law or regulations of the division, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be bound by the rules and regulations of the division concerning the use of such information.


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ê1979 Statutes of Nevada, Page 1247 (Chapter 593, SB 204)ê

 

shall be bound by the rules and regulations of the division concerning the use of such information.

      3.  Except for purposes directly connected with the administration of NRS 428.150 to [428.370,] 428.360, inclusive, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of assistance under the provisions of NRS 428.150 to [428.370,] 428.360, inclusive.

      Sec. 32.  NRS 428.360 is hereby amended to read as follows:

      428.360  Moneys appropriated by the legislature [,] and moneys received from the United States pursuant to Title XIX of the Social Security Act [and moneys received from the counties pursuant to NRS 428.370] shall be used for expenses of administration and provision of medical or remedial care under NRS 428.150 to [428.370,] 428.360, inclusive.

      Sec. 33.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  The motor vehicle fund is hereby created as an agency fund. All money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

      2.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter [shall,] must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

      3.  Money for the administration of the provisions of this chapter [shall] must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.

      4.  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 that money [shall] must be distributed monthly as provided in subsection 5.

      5.  The distribution of the privilege tax within a county [shall] must 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 that distribution. The amount attributable to the debt service of each school district [shall] must 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 [.] , except that the tax rate for school districts is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978. Local governments, other than incorporated cities, [shall] are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which 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] must be paid to the counties for distribution to the other local governments.


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

ê1979 Statutes of Nevada, Page 1248 (Chapter 593, SB 204)ê

 

must be paid to the counties for distribution to the other local governments.

      6.  Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation [shall] must 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

 

The distributions [shall] must be allocated among local governments within the respective counties pursuant to the provisions of subsection 5.

      7.  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 that last preceding national census.

      8.  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. 34.  Section 115 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 115.  NRS 482.180 is hereby amended to read as follows:

       482.180  1.  The motor vehicle fund is hereby created as an agency fund. All money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

       2.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

       3.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.

       4.  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 that money must be distributed monthly as provided in subsection 5.


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

ê1979 Statutes of Nevada, Page 1249 (Chapter 593, SB 204)ê

 

       5.  The distribution of the privilege tax within a county must 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 that distribution. The amount attributable to the debt service of each school district must 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, except that the tax rate for school districts is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which 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 must be paid to the counties for distribution to the other local governments.

       6.  Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must 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

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of subsection 5.

       7.  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 that last preceding national census.]

       8.  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. 35.  NRS 539.6363 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1250 (Chapter 593, SB 204)ê

 

      539.6363  1.  To levy and collect taxes, the board of directors shall:

      (a) Determine in each year the amount of money necessary to be raised by general (ad valorem) taxation, taking into consideration other sources of revenue of the district; and

      (b) Fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district and together with other revenues, will raise the amount required by the district annually to supply funds for paying promptly in full, when due, all interest on and principal of bonds of the district. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in NRS 539.6364.

      2.  The board of directors shall certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed, with directions that at the time and in the manner required by law for levying taxes for county purposes, such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

      3.  The board of directors shall levy such general (ad valorem) taxes upon all property in the district which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation now or hereafter existing and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.

      [4.  Any such general (ad valorem) tax levy shall enjoy the same priority as provided by NRS 350.600, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.]

      Sec. 36.  NRS 349.246, 350.600 and 428.370 are hereby repealed.

      Sec. 37.  1.  For the purpose of preparing budgets for the fiscal year beginning July 1, 1979, the governor shall certify the percentage of increase or decrease in population of each city and county on or before the 5th day after the effective date of this section. Each local government shall, with the approval of the department of taxation, revise its budget if and to the extent necessary to comply with the provisions of this act.

      2.  Between the effective date of this section and July 1, 1979, the Nevada tax commission shall revise any individual or combined tax rate previously certified to a board of county commissioners for levy to be collected during the fiscal year 1979-80, if and to the extent necessary to comply with the provisions of this act.

      3.  Each county auditor, with the assistance of the county assessor as appropriate, shall remove from the tax roll as prepared for collection during the fiscal year 1979-80 all assessments of household goods and furniture used by a single household and owned by a member of that household, or subtract the appropriate amounts if the roll has been extended.


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

ê1979 Statutes of Nevada, Page 1251 (Chapter 593, SB 204)ê

 

household, or subtract the appropriate amounts if the roll has been extended.

      4.  The first installment of taxes assessed upon the real property tax roll for collection in 1979-80 is due and payable on the 1st Monday of August 1979.

      5.  The date for notifying a claimant pursuant to NRS 361.841 is postponed to July 31, 1979, and the date for making a refund to a home renter is postponed to September 15, 1979.

      Sec. 38.  1.  There is hereby appropriated from the state general fund to the state distributive school fund:

      (a) For the fiscal year 1979-80, the sum of $57,546,987.

      (b) For the fiscal year 1980-81, the sum of $67,730,448.

      (c) If the state board of examiners has set the multiplier used in paragraph (c) of subsection 1 of NRS 387.1233 above .003, the additional sum of $12,240,000 for the fiscal year 1980-81.

The sums appropriated by this section are available for both fiscal years and may be transferred from one fiscal year to another with the approval of the interim finance committee.

      2.  For the purposes of this section, the relevant taxes are:

      (a) The tax accrued pursuant to the Sales and Use Tax Act. The increase in its yield is determined by comparing the total accruals for the three calendar quarters beginning July 1, 1979, and ending March 31, 1980, with the total accruals for the three calendar quarters beginning July 1, 1978, and ending March 31, 1979.

      (b) The quarterly state license fee based upon gross revenue from gaming, collected pursuant to NRS 463.370. The increase in its yield is determined by comparing the total collections for the three calendar quarters beginning July 1, 1979, and ending March 31, 1980, with the total collections for the three calendar quarters beginning July 1, 1978, and ending March 31, 1979.

      3.  For the fiscal year 1980-81, if the combined increase in yield of the relevant taxes is in one of the ranges tabulated below, the state board of examiners shall fix a greater or lesser multiplier to be used in the calculation required by paragraph (c) of subsection 1 of NRS 387.1233 and the corresponding lesser or greater amount of the optional school levy which may be made under subsection 1 of NRS 387.195 and a greater or lesser combined tax rate as specified in section 2 of this act, as specified below for the respective ranges:

 

                                                                                                       School levy                   Maximum

   Equal to or                     But less                                                  (cents per                     combined

   greater than                        than                         Multiplier                $100)                             rate

.......................                2 percent                      .0000                      $0.80                      $3.94

       2 percent               3 percent                      .0001                          .79                        3.93

       3 percent               4 percent                      .0004                          .76                        3.90

       4 percent               5 percent                      .0007                          .73                        3.87

       5 percent               6 percent                      .0010                          .70                        3.84

       6 percent               7 percent                      .0013                          .67                        3.81

       7 percent               8 percent                      .0017                          .63                        3.77

       8 percent               9 percent                      .0020                          .60                        3.74

       9 percent             10 percent                      .0023                          .57                        3.71

     10 percent             12 percent                      .0030                          .50                        3.64


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

ê1979 Statutes of Nevada, Page 1252 (Chapter 593, SB 204)ê

 

                                                                                                       School levy                   Maximum

   Equal to or                     But less                                                  (cents per                     combined

   greater than                        than                         Multiplier                $100)                             rate

     12 percent             13 percent                      .0032                      $0.48                      $3.62

     13 percent             14 percent                      .0035                          .45                        3.59

     14 percent             15 percent                      .0038                          .42                        3.56

     15 percent             16 percent                      .0042                          .38                        3.52

     16 percent             17 percent                      .0045                          .35                        3.49

     17 percent               .................                      .0048                          .32                        3.46

 

      4.  Before fixing a multiplier and the corresponding amount of the school levy, the state board of examiners shall determine that there is sufficient money in the state distributive school fund to permit the allocation of the additional amount required by that multiplier. In making this determination, the board shall review enrollments for 1979-80, estimated enrollments for 1980-81, information on property assessments for the 1980-81 tax year, and the anticipated level of receipts in the state distributive school fund from revenue sharing, slot machine tax credit, federal land leasing and local school support tax from out-of-state businesses. If there is not sufficient money in the state distributive school fund to allow the multiplier first proposed, the multiplier must be reduced to the highest multiplier for which there is determined to be sufficient money, and the school levy must be set to correspond.

      Sec. 39.  1.  This section and section 37 of this act shall become effective upon passage and approval.

      2.  Sections 1 to 36, inclusive, of this act shall become effective upon passage and approval for the purposes of preparing budgets and calculating levies.

      3.  For all other purposes:

      (a) Sections 4, 12 and 17 of this act shall become effective at 12:01 a.m. on July 1, 1979;

      (b) Sections 33 and 34 of this act shall become effective at 12:02 a.m. on July 1, 1979; and

      (c) The remaining sections of this act shall become effective on July 1, 1979.

      4.  Sections 1 through 36, inclusive, of this act expire by limitation on June 30, 1981, if before that date the constitution of the State of Nevada is amended to limit the amount of general (ad valorem) taxes on real property to $1 for each $100 of full cash value, or to any lesser amount.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1253ê

 

CHAPTER 594, SB 231

Senate Bill No. 231–Committee on Commerce and Labor

CHAPTER 594

AN ACT relating to professions, occupations and businesses; regulating the practices of audiology and speech pathology; creating the board of examiners for audiology and speech pathology and providing its organization, powers and duties; providing for licensing and disciplinary actions; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, inclusive, of this act.

      Sec. 2.  The practice of audiology and the practice of speech pathology are hereby declared to be learned professions, affecting public safety and welfare and charged with the public interest, and are therefore subject to protection and regulation by the state.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Audiologist” means any person who engages in the practice of audiology.

      Sec. 5.  “Board” means the board of examiners for audiology and speech pathology.

      Sec. 6.  “Practice of audiology” consists of holding out to the public, or rendering, services for the measurement, testing, appraisal, prediction, consultation, counseling, research or treatment of hearing and hearing impairment for the purpose of modifying disorders in communication involving speech, language and hearing.

      Sec. 7.  “Practice of speech pathology” consists of holding out to the public, or rendering, services for the measurement, testing, identification, prediction, counseling, research or treatment of speech, voice or language for modifying disorders in communication involving speech, voice or language.

      Sec. 8.  “Speech pathologist” means any person who engages in the practice of speech pathology.

      Sec. 9.  The provisions of this chapter do not apply to:

      1.  Any physician or any person who is working under the direct supervision of a physician and for whom the physician is directly responsible.

      2.  Any hearing aid specialist who is licensed pursuant to chapter 637A of NRS and who is acting within the scope of his license.

      3.  Any person who:

      (a) Holds a current credential as an audiologist or a speech pathologist issued by the state department of education;

      (b) Is employed as an audiologist or a speech pathologist by a federal agency or the department of human resources;

      (c) Is a graduate student intern enrolled in the University of Nevada and is pursuing a graduate degree in audiology or speech pathology; or


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

ê1979 Statutes of Nevada, Page 1254 (Chapter 594, SB 231)ê

 

      (d) Is a registered nurse employed as a school nurse,

and who does not engage in the private practice of audiology or of speech pathology in this state.

      Sec. 10.  Nothing in this chapter prohibits the use of the title “certified hearing aid audiologist” by a person who has been so certified by the National Hearing Aid Society.

      Sec. 11.  1.  The board of examiners for audiology and speech pathology, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Two members who have been engaged in the practice of speech pathology for 2 years or more;

      (b) One member who has been engaged in the practice of audiology for 2 years or more;

      (c) One member who is a physician and who is certified by the board of medical examiners as a specialist in otolaryngology, pediatrics or neurology; and

      (d) One member who is a representative of the general public.

      3.  Members of the board who are speech pathologists and audiologists must be representative of the university, public school, hospital or private aspects of the practice of audiology and of speech pathology.

      4.  Each member of the board who is a speech pathologist or audiologist must hold a current license issued pursuant to this chapter or a current certificate of clinical competence from the American Speech and Hearing Association.

      5.  The member who is a representative of the general public may not participate in preparing, conducting or grading any examination required by the board.

      Sec. 12.  1.  The board shall elect from its members a president, a vice president and a secretary-treasurer. The officers of the board hold their respective offices at its pleasure.

      2.  The board shall receive through its secretary-treasurer applications for the licenses to be issued pursuant to this chapter.

      3.  The secretary-treasurer is entitled to receive a salary. The board shall determine the amount of the salary.

      Sec. 13.  1.  The board shall meet at least annually and may meet at other times on the call of the president or a majority of its members.

      2.  A majority of the board constitutes a quorum to transact all business.

      Sec. 14.  Members of the board are not entitled to receive compensation for service as members, but are entitled to receive the subsistence allowance and travel expenses provided by law.

      Sec. 15.  The board may, from time to time, adopt regulations necessary to enable it to carry out the provisions of this chapter.

      Sec. 16.  The board shall operate on the basis of a fiscal year commencing on July 1 and ending on June 30.

      Sec. 17.  All fees collected under the provisions of this chapter must be paid to the secretary-treasurer of the board to be used for the purpose of defraying the necessary expenses of the board. The secretary-treasurer shall deposit the fees in qualified banks or savings and loan associations in this state.


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

ê1979 Statutes of Nevada, Page 1255 (Chapter 594, SB 231)ê

 

      Sec. 18.  1.  An applicant for a license to engage in the practice of audiology or speech pathology shall be issued a license by the board if he:

      (a) Is over the age of 21 years;

      (b) Is a citizen of the United States, or who is lawfully entitled to remain and work in the United States;

      (c) Is of good moral character;

      (d) Meets the requirement for education or training and experience provided by subsection 2;

      (e) Has completed at least 150 clock hours of supervised clinical experience in audiology or speech pathology, or both;

      (f) Applies for the license in the manner provided by the board;

      (g) Passes any examination required by this chapter; and

      (h) Pays the fees provided for in this chapter.

      2.  An applicant must possess a bachelor’s degree in audiology or in speech pathology from an accredited educational institution or possesses equivalent training and experience. If he seeks to qualify on the basis of equivalent training and experience, the applicant must submit to the board satisfactory evidence that he has obtained at least 38 semester credits, or equivalent quarter credits, in courses related to the normal development, function and use of speech and language or hearing, including but not limited to the management of disorders of speech or hearing and the legal, professional and ethical practices of audiology or speech pathology.

      Sec. 19.  1.  Examinations for licensing must be given at least once a year at the time and place fixed by the board.

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

      3.  The board shall determine what constitutes a passing grade, except that in making that determination, the board shall act fairly and impartially. If the board elects to use a standard examination which is administered nationally, the board may not establish a minimum passing grade which is higher than the national standard established for the examination.

      Sec. 20.  The board shall waive examination and issue a license to any applicant who:

      1.  Applies for the license in writing to the board not later than December 31, 1979;

      2.  Is a resident of this state and has been principally employed in the practice of audiology or speech pathology in this state for at least 1 year before July 1, 1979; and

      3.  Pays to the board the required license fee.

      Sec. 21.  The board may issue a license without examination to a person who holds:

      1.  A current license to practice audiology or speech pathology in a state whose licensing requirements at the time the license was issued are deemed by the board to be practically equivalent to those provided by this chapter; or

      2.  A certificate of clinical competence issued by the American Speech and Hearing Association in the field of practice for which the person is applying for a license.


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

ê1979 Statutes of Nevada, Page 1256 (Chapter 594, SB 231)ê

 

Speech and Hearing Association in the field of practice for which the person is applying for a license.

      Sec. 22.  1.  The board shall issue a temporary license to practice audiology or speech pathology, upon application and the payment of the required fee, to any person who is so licensed in another state and who meets all the qualifications for licensing in this state other than passing the examination.

      2.  A temporary license issued pursuant to this section is valid until the board publishes the results of the examination next administered after the license is issued.

      Sec. 23.  1.  All licenses, issued pursuant to this chapter, except a temporary license, expire on June 30 of the second year after their issuance.

      2.  Each holder of a license to practice audiology or speech pathology, except a temporary license, who meets any requirements for continuing education prescribed by the board may renew his license upon payment of the biennial renewal license fee before the expiration of this license.

      3.  If a licensee fails to pay the biennial renewal license fee before the expiration of his license, the license may be renewed only upon the payment of the reinstatement fee in addition to the biennial renewal license fee. A license may be renewed under this subsection only if all fees are paid within 3 years after the license has expired.

      Sec. 24.  The board may adopt regulations setting standards for ethical conduct and requiring continuing education as a prerequisite for the renewal of any license issued under this chapter. Any regulations adopted by the board under this section shall establish standards which make reasonably current knowledge the basis for a high standard of practice by audiologists and speech pathologists in this state.

      Sec. 25.  1.  The board shall charge and collect only the following fees whose amounts must be determined by the board, but may not exceed:

 

Application fee for license to practice speech pathology...........................    $100

Application fee for license to practice audiology........................................      100

Biennial license renewal fee.............................................................................        50

Reinstatement fee.............................................................................................        25

 

      2.  All fees are payable in advance and may not be refunded.

      Sec. 26.  The grounds for initiating disciplinary action under this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS;

      (b) A felony; or

      (c) Any offense involving moral turpitude.

      3.  Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.

      4.  Gross or repeated malpractice.

      5.  Professional incompetence.

      Sec. 27.  1.  A complaint may be made against any applicant for a license or any licensee charging one or more of the grounds for disciplinary action with such particularity as to enable the defendant to prepare a defense.


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

ê1979 Statutes of Nevada, Page 1257 (Chapter 594, SB 231)ê

 

license or any licensee charging one or more of the grounds for disciplinary action with such particularity as to enable the defendant to prepare a defense.

      2.  The complaint must be in writing and be signed and verified by the person making it.

      Sec. 28.  Not later than 15 days after the filing of a complaint, the board shall fix a date for the hearing, which date must not be less than 20 days nor more than 45 days after the date the complaint is filed. The board shall immediately mail to the defendant, by certified mail, return receipt requested, a copy of the complaint and a notice showing the time, date and place of the hearing.

      Sec. 29.  If, after the hearing, the board determines that the applicant or licensee has committed any act which constitutes grounds for disciplinary action, the board may in the case of the applicant refuse to issue a license, and in all other cases:

      1.  Refuse to renew a license;

      2.  Revoke a license;

      3.  Suspend a license for a definite time, not to exceed 1 year;

      4.  Administer to the licensee a public or private reprimand; or

      5.  Impose a civil penalty not to exceed $1,000.

      Sec. 30.  1.  The board through its president or secretary-treasurer may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing audiology or speech pathology without a license valid under this chapter.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Shall not relieve such person from criminal prosecution for practicing without a license.

      Sec. 31.  No person may engage in the practice of audiology or speech pathology in this state without first obtaining a license to do so as provided in this chapter.

      Sec. 32.  An audiologist or speech pathologist who is not also a physician shall not prescribe or administer drugs or pierce or sever any body tissue.

      Sec. 33.  Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      Sec. 34.  The governor shall appoint the members of the board of examiners for audiology and speech pathology to terms as follows:

      1.  One of the speech pathologists to a term ending June 30, 1980.

      2.  The audiologist and the physician to terms ending June 30, 1981.

      3.  The remaining speech pathologist and the representative of the general public to terms ending June 30, 1982.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1258ê

 

CHAPTER 595, SB 239

Senate Bill No. 239–Senator Blakemore

CHAPTER 595

AN ACT relating to general improvement districts; providing that a person residing in a district need not register anew for a district election if he is otherwise registered to vote; clarifying that registration to vote in a district election is not separate from county registration under the general election laws; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 318.09525 is hereby amended to read as follows:

      318.09525  1.  Any person residing within a district who is otherwise qualified to vote at general elections in this state may register to vote in district elections by appearing before the county clerk or registrar of voters of the county in which [such] the district is located [,] and completing an affidavit of registration [and giving true and satisfactory answers to all questions relevant to the person’s right to vote in district elections.] in accordance with the general election laws of this state. Registration for a district election which is not held simultaneously with a general election must close at 5 p.m. of the fifth Friday preceding the district election and registration offices must be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before the close of registration. If a person residing within a district is otherwise registered to vote, no new registration for district elections is required. [As full compensation for services rendered pursuant to this subsection the county clerk or registrar of voters is entitled to receive from the district on behalf of the county the sum of 15 cents for each registration. All money so received by the county clerk or registrar of voters must be deposited by him to the credit of the general fund of the county.

      2.  Within 30 days after April 29, 1977, the board of trustees of each existing district shall cause to be filed with the county clerk or registrar of voters of the county in which the district is located a copy of its original official plat and changes thereto theretofore filed with the county recorder and county assessor. Upon receipt of such plats the]

      2.  The county clerk or registrar of voters shall, at the expense of the district, prepare and maintain a list of all registered voters residing within the district. [Subsequent registrations must be added to the list as they occur.] The county clerk or registrar of voters is entitled to receive on behalf of the county the sum of 15 cents for each registration placed on the list. All money so received must be deposited to the credit of the general fund of the county.

      3.  Whenever a district election is required the county clerk or registrar of voters shall submit [a list of] the current list, showing all persons who [have] are registered to vote in [the district elections] that election, to the election officers who are charged with the duty of conducting the required election.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1259ê

 

CHAPTER 596, SB 260

Senate Bill No. 260–Committee on Transportation

CHAPTER 596

AN ACT relating to highway construction; authorizing the issuance of bonds to provide funds to complete highway construction projects; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The state board of examiners shall, when so requested by the board of directors of the department of transportation, issue special obligation bonds of the State of Nevada to provide money to enable the department of transportation to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by a pledge of the appropriate Federal highway grants payable to the state and by taxes which are credited to the state highway fund and must mature within not more than 5 years from their date.

 

________

 

 

CHAPTER 597, SB 262

Senate Bill No. 262–Senator Blakemore

CHAPTER 597

AN ACT relating to the leasing of vehicles; requiring disclosures and specifying the rights and liabilities of the lessor and the lessee upon the termination or expiration of a lease; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 100 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 10, inclusive, of this act:

      1.  “Commercial vehicle lease” means a bailment or lease of a single vehicle by a person for a period of more than 4 months for a total contractual obligation not exceeding $25,000, primarily for business or commercial purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the vehicle at the termination or expiration of the lease. The term includes a bailment or lease where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capital cost, if the payment is not nominal. The term does not include a bailment or lease where the lessee contracts to pay as compensation for use of the vehicle a sum substantially equivalent to or in excess of the capitalized cost of the vehicle and it is agreed that the lessee may become the owner for no other consideration or for a nominal consideration.


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

ê1979 Statutes of Nevada, Page 1260 (Chapter 597, SB 262)ê

 

in excess of the capitalized cost of the vehicle and it is agreed that the lessee may become the owner for no other consideration or for a nominal consideration.

      2.  “Person” includes any governmental entity.

      3.  “Vehicle” means every device in, upon or by which any person or property is or may be transported upon a public highway, except devices:

      (a) Moved by human power;

      (b) Used exclusively upon stationary rails or tracks; or

      (c) Having a gross vehicle weight of more than 10,000 pounds, exclusive of the weight of any slide-in camper as defined in NRS 482.113 which may be on it.

      4.  “Vehicle lease” means a bailment or lease of a single vehicle by a person for a period of more than 4 months where the lessee’s obligation upon termination or expiration of the lease is based on the excess of the unamortized capitalized cost of the vehicle over its residual value as established pursuant to the provisions of section 7 of this act. The term includes a bailment or lease where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal.

      Sec. 3.  1.  Before a commercial vehicle lease is consummated, the lessor must give the lessee a dated written statement on which the lessor and lessee are identified and the following information with respect to the lease is set out accurately in a clear and conspicuous manner:

      (a) A brief description or identification of the leased vehicle.

      (b) The amount of any payment by the lessee required at the inception of the lease.

      (c) The amount paid or payable by the lessee for any official fees, registration, certificate of title, license fees and taxes.

      (d) The amount of other charges payable by the lessee not included in the periodic payments and a description of those charges.

      (e) A statement of the amount or the method of determining the amount of any liabilities the lease imposes upon the lessee at the end of the term and whether or not the lessee has the option to purchase the leased vehicle and:

             (1) If at the expiration of the lease, at what price.

             (2) If before the end of the lease term, at what time and the price or the method of determining the price.

      (f) A statement identifying all express warranties and guarantees made by the manufacturer or lessor with respect to the leased vehicle, and identifying the party responsible for maintaining or servicing the leased vehicle, together with a description of the responsibility.

      (g) A brief identification of insurance required in connection with the lease, including:

             (1) If provided or paid by the lessor, the types and amounts of coverages and costs to the lessee.

             (2) If not provided or paid by the lessor, the types and amounts of coverages required of the lessee.

      (h) A description of any security interest held or to be retained by the lessor in connection with the lease and a clear identification of the property to which the security interest relates.


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

ê1979 Statutes of Nevada, Page 1261 (Chapter 597, SB 262)ê

 

      (i) The number, amount and due dates or periods of payments under the lease and the total amount of the periodic payments.

      (j) Where the lease provides that the lessee is liable for either the estimated residual value of the vehicle or its unamortized capitalized cost on expiration of the lease, the fair market value of the vehicle at the inception of the lease, the aggregate cost of the lease on expiration and the differential between them.

      (k) A statement of the conditions under which the lessee or lessor may terminate the lease before the end of the term and the amount or the method of determining the amount of any penalty or other charge for delinquency, default, late payments or early termination.

      (l) That the lessee is liable for the differential, if any, between:

             (1) The estimated residual value of the leased vehicle and its actual residual value at the expiration of the lease, if the lessee has such liability; or

             (2) The unamortized capitalized cost of the vehicle and its actual residual value at the expiration of the lease, if the lessee has such liability.

      2.  A lessee is not liable for the differential between the unamortized capitalized cost of the leased vehicle (where that amount differs from the estimated residual value) and the actual residual value at the expiration of the lease unless the lessor discloses the estimated residual value of the vehicle and the limitation of expiration liability exclusively associated with its use and the lessee specifically agrees to the use of an amount other than the estimated residual value. Such disclosure and agreement must be set forth in 10-point typeface and be acknowledged by the lessee’s initials.

      3.  The disclosures required by subsections 1 and 2 may be made in the lease contract to be signed by the lessee.

      4.  The lessor shall provide accurate information in the disclosure statement, but if he is not in a position to know exact information for a particular portion of the statement, he may give that portion in the form of an estimate if he identifies the information as an estimate.

      Sec. 4.  1.  Except as otherwise provided in this section, any lessor under a commercial vehicle lease who fails to comply with the requirements of section 3 of this act with respect to any lessee is liable to the lessee for the sum of:

      (a) Any actual damage sustained by such person as a result of the failure;

      (b) Twenty-five percent of the total amount of monthly payments under the lease, but not less than $100 nor more than $1,000; and

      (c) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court.

      2.  A lessor has no liability under this section for any failure to comply with any requirement imposed under section 3 of this act if within 15 days after discovering an error, and prior to the institution of an action under this section or the receipt of written notice of the error, the lessor notifies the lessee of the error and makes whatever adjustments in the appropriate account are necessary to insure that the lessee will not be required to pay a charge in excess of the amount actually disclosed or correctly determined.


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

ê1979 Statutes of Nevada, Page 1262 (Chapter 597, SB 262)ê

 

      3.  A lessor may not be held in any action brought under this section for a violation of section 3 of this act if the lessor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

      4.  No provision of this section imposing any liability applies to any act done or omitted in good faith in conformity with any rule, regulation or interpretation by the Board of Governors of the Federal Reserve System or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretation or approvals under such procedures as the Board may prescribe therefor, even if after the act or omission has occurred, the rule, regulation, interpretation or approval is amended, rescinded or determined by judicial or other authority to be invalid for any reason.

      5.  The multiple failure to disclose to any lessee any information required to be disclosed in connection with a single commercial vehicle lease entitles the lessee to a single recovery under this section but continued failure to disclose after a recovery has been granted gives rise to rights to additional recoveries.

      6.  A lessee may not take any action to offset any amount for which a lessor is potentially liable against any amount owing to the lessor by the lessee unless the amount of the lessor’s liability to the lessee has been determined by judgment of a court of competent jurisdiction.

      Sec. 5.  1.  Where the commercial vehicle lease contains an amount identified as the lessee’s liability upon expiration of the lease based on the estimated residual value of the vehicle, the estimated residual value must be a reasonable approximation of the actual residual value of the vehicle upon expiration of the lease.

      2.  There is a rebuttable presumption that the estimated residual value is unreasonable to the extent that it exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease. The lessor shall not collect from the lessee the amount of that excess liability on expiration of a commercial vehicle lease unless the lessor brings a successful action with respect to that excess liability, and if the lessor’s action is unsuccessful he must pay the lessee’s costs and reasonable attorney’s fees. This presumption does not apply to the extent the excess of estimated residual value over actual residual value is due to physical damage to the vehicle beyond reasonable wear and use, or to excessive use. The lease must set reasonable standards for wear and use.

      Sec. 6.  If the commercial vehicle lease provides that the lessee is liable for an amount based on the residual value of the vehicle at the termination or expiration of the lease, the lessee may obtain, at his expense, a professional appraisal of the vehicle by an independent third party agreed to by both parties. An appraisal obtained pursuant to this section is final and binding on the parties.

      Sec. 7.  1.  Where the lessee’s liability on the date any vehicle lease or commercial vehicle lease terminates or expires is based on the residual value of the vehicle at that time and the lessor and lessee do not agree in writing on that value or on another method of establishing it, the lessor may, subject to the provisions of section 9 of this act, for the purpose of establishing residual value and thereby providing the basis for determining the lessee’s liability, obtain written bids from third persons.


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

ê1979 Statutes of Nevada, Page 1263 (Chapter 597, SB 262)ê

 

agree in writing on that value or on another method of establishing it, the lessor may, subject to the provisions of section 9 of this act, for the purpose of establishing residual value and thereby providing the basis for determining the lessee’s liability, obtain written bids from third persons.

      2.  The lessor shall act in good faith and in a commercially reasonable manner in obtaining bids for the vehicle. The fact that a better price could have been obtained at a different time or in a different method from that selected by the lessor is not of itself sufficient to establish that the lessor did not act in a commercially reasonable manner. If the lessor obtains bids at the price current in any recognized market for such a vehicle at the time of the bidding, he has acted in a commercially reasonable manner.

      3.  The highest effective bid obtained pursuant to this section or section 9 of this act, where applicable, or the actual sale price, whichever is higher, establishes the residual value of the vehicle.

      Sec. 8.  1.  The lessor shall give the lessee written notice of his intention to establish the residual value of the vehicle under the vehicle lease or commercial vehicle lease at least 15 days before that action is taken. The notice must be given in person to the lessee or sent by mail to the address of the lessee shown on the lease, or to his last known address, unless the lessee has notified the lessor in writing of a different address.

      2.  The notice must:

      (a) List separately any actual or estimated charges due under the vehicle lease or commercial vehicle lease as of the date of the notice, notwithstanding any possible limitations on the liability of the lessee provided by the Consumer Leasing Act of 1976 (15 U.S.C. § 1667 (b));

      (b) Inform the lessee that his maximum total liability under the vehicle lease or commercial vehicle lease is limited to three times the average payment allocable to a monthly period under the lease if the estimated residual value exceeds the actual residual value and the difference is not due to physical damage to the vehicle beyond reasonable wear and use or to excessive use; and

      (c) Inform the lessee that he has the right to submit a written bid for the purchase of the vehicle before its value is established; and

      (d) Inform the lessee of the probable residual value of comparable vehicles on the date of the notice as estimated in the then-current version of the Kelley Blue Book or its equivalent.

      Sec. 9.  1.  The lessee has the right at any time before the lessor establishes the value of the vehicle to submit a written bid for its purchase.

      2.  If the lessor accepts the lessee’s bid as the highest bid, the lessee has 5 days from the date of such acceptance within which to tender the full amount of the purchase price, and:

      (a) If the lessee tenders the full amount within the prescribed time and the lessor nevertheless elects not to sell the vehicle to him, the bid establishes the residual value of the vehicle and the lessor must credit the amount of the bid against the lessee’s liability under the lease.

      (b) If the lessee fails to tender the full amount of the purchase price within the prescribed time, the lessee’s bid does not establish the residual value of the vehicle and the lessor must credit against the lessee’s liability the amount of the next highest bid.


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

ê1979 Statutes of Nevada, Page 1264 (Chapter 597, SB 262)ê

 

value of the vehicle and the lessor must credit against the lessee’s liability the amount of the next highest bid.

      Sec. 10.  If the lessor under a vehicle lease or a commercial vehicle lease fails to comply with sections 7 to 9, inclusive, of this act, he may not recover any deficiency from the lessee.

      Sec. 11.  NRS 97.105 is hereby amended to read as follows:

      97.105  1.  “Retail installment contract” or “contract” means a contract, other than a retail charge agreement or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a retail installment transaction.

      2.  The term [“retail installment contract”] includes a security agreement and a bailment contract or lease if the bailee or lessee contracts to pay as compensation for their use a sum substantially equivalent to or in excess of the value of the goods and if it is agreed that the bailee or lessee is bound to become or, without giving further substantial value, has the option of becoming the owner of the goods upon full compliance with the provisions of the bailment or lease.

      3.  The term does not include a bailment or lease of a vehicle where the lessee becomes or may become the owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal.

      Sec. 12.  1.  Sections 1 and 2, 7 to 11, inclusive, of this act and this section shall become effective upon passage and approval. All vehicle leases and commercial vehicle leases entered into, terminating or expiring on or after that date are subject to the provisions of those sections.

      2.  Sections 3 to 6, inclusive, of this act shall become effective on September 1, 1979. All commercial vehicle leases entered into, terminating or expiring on or after that date are subject to the provisions of those sections.

 

________

 

 

CHAPTER 598, SB 263

Senate Bill No. 263–Senators Faiss and Echols

CHAPTER 598

AN ACT relating to the state legislature; providing for the remuneration of members and staff during certain adjournments; increasing the per diem expense allowance for members of the legislature; increasing the remuneration of employees of the legislature; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 218.210 is hereby amended to read as follows:

      218.210  1.  Each senator [and assemblyman] elected before November 7, 1978, or appointed to succeed a senator [or assemblyman] elected before November 7, 1978, is entitled to receive as compensation $60 per day for each day of service:


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

ê1979 Statutes of Nevada, Page 1265 (Chapter 598, SB 263)ê

 

      (a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and

      (b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.

      2.  Each senator and assemblyman elected on or after November 7, 1978, or appointed to succeed a senator or assemblyman elected on or after November 7, 1978, is entitled to receive as compensation $80 per day for each day of service:

      (a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and

      (b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.

      Sec. 2.  NRS 218.220 is hereby amended to read as follows:

      218.220  1.  The per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.

      2.  For initial travel from his home to Carson City, Nevada, to attend a [regular or special] session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a [regular or special] session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:

      (a) A per diem expense allowance of [$40] $44 for one day’s travel to and one day’s travel from [regular and special sessions and presessions orientation conferences of the legislature.] the session or conference.

      (b) Travel expenses computed at the rate of 17 cents per mile traveled.

      3.  In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental travel allowance which must not exceed:

      (a) A total of $2,550 during each regular session of the legislature; and

      (b) A total of $710 during each special session of the legislature,

for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings, computed at the rate of 17 cents per mile.

      4.  Each senator and assemblyman is entitled to receive [for each day that the legislature is in regular or special session or in a presession orientation conference a per diem allowance of $40 per day.] a per diem expense allowance of $44 for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 3 days.


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

ê1979 Statutes of Nevada, Page 1266 (Chapter 598, SB 263)ê

 

he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 3 days.

      5.  Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

      (a) The legislature has adjourned until a time certain; and

      (b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.

      6.  Each senator and assemblyman is entitled to receive not [to exceed the total sum of] more than $500 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not [to exceed the total sum of] more than $200 during each special session of the legislature.

      [6.]7.  An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.

      [7.]8.  Claims for expenses made under the provisions of this section must be made [in the same manner] as other claims are made against the state, and must be [allowed and] paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsection 5 must be [allowed and] paid once each week during the legislative session and upon completion of a presession orientation conference.

      Sec. 3.  NRS 218.230 is hereby amended to read as follows:

      218.230  1.  There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each day’s employment and no more:

                                                             Senate

Assistant secretary............................................................................... [$45]         $51

Assistant sergeant-at-arms................................................................... [29]           32

Clerks........................................................................................................ [23]           25

Committee stenographer...................................................................... [39]           44

History clerk............................................................................................ [40]           45

Journal clerk............................................................................................ [40]           45

Minute clerk............................................................................................ [40]           45

Page.......................................................................................................... [22]           24

Secretary.................................................................................................. [57]           65

Sergeant-at-arms.................................................................................... [38]           42

Stenographers......................................................................................... [34]           38

Supervisor of clerks................................................................................ [35]           38

Supervisor of stenographers................................................................. [40]           45


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

ê1979 Statutes of Nevada, Page 1267 (Chapter 598, SB 263)ê

 

                                                           Assembly

Assistant chief clerk............................................................................. [$45]         $51

Assistant sergeant-at-arms................................................................... [29]           32

Assistant supervisor of clerks............................................................... [31]           35

Chief clerk............................................................................................... [57]           65

Clerks........................................................................................................ [23]           25

Committee stenographer...................................................................... [39]           44

History clerk............................................................................................ [40]           45

Journal clerk............................................................................................ [40]           45

Minute clerk............................................................................................ [40]           45

Pages......................................................................................................... [22]           24

Sergeant-at-arms.................................................................................... [38]           42

Stenographers......................................................................................... [34]           38

Supervisor                                                                                                 [39]           45

Supervisor of clerks................................................................................ [35]           38

Supply clerk............................................................................................. [27]           31

Typists...................................................................................................... [25]           28

[Security guard......................................................................................... 31]

 

      2.  During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.

      Sec. 4.  NRS 218.235 is hereby amended to read as follows:

      218.235  When proper claims are filed with the director of the legislative counsel bureau from time to time and approved by him pursuant to law, there shall be paid to the secretary of the senate from the legislative fund the secretary’s expenses of initial travel from home to Carson City for a regular or special session of the legislature and return travel after adjournment sine die of the session, and a subsistence allowance [shall] must be paid to the secretary for each day of such travel and each day of duty performed in connection with or during the session [.] , and when the legislature is in adjournment for more than 3 days if his services are required. The travel expenses and subsistence allowances [shall] must be paid at the rates provided by law for public officers and employees.

      Sec. 5.  NRS 218.237 is hereby amended to read as follows:

      218.237  [1.  Until July 1, 1971, by adoption of a simple resolution the assembly may authorize the payment of the chief clerk of the assembly of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session, but the total amount paid shall not exceed the sum of $1,200 in any regular legislative session or the sum of $400 in any special legislative session.

      2.  On and after July 1, 1971, by] By adoption of a simple resolution the assembly may authorize the payment to the chief clerk of the assembly of a per diem expense allowance of $15 per day from the legislative fund while the legislature is in session [.] , and in adjournment for more than 3 days if his services are required.

      Sec. 6.  Section 2 of Assembly Bill No. 161 of the 60th regular session of the Nevada legislature is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1268 (Chapter 598, SB 263)ê

 

       Sec. 2.  NRS 218.220 is hereby amended to read as follows:

       218.220  1.  The per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.

       2.  For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:

       (a) A per diem expense allowance of $44 for one day’s travel to and one day’s travel from the session or conference.

       (b) Travel expenses computed at the rate of 17 cents per mile traveled.

       3.  In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental travel allowance which must not exceed:

       (a) A total of $2,550 during each regular session of the legislature; and

       (b) A total of [$710] $1,000 during each special session of the legislature,

for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings [,] or for individual travel within the state which relates to legislative business, computed at the rate of 17 cents per mile.

       4.  Each senator and assemblyman is entitled to receive a per diem expense allowance of $44 for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 3 days.

       5.  Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for each day on which:

       (a) The legislature has adjourned for more than 3 days; and

       (b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.

       6.  Each senator and assemblyman is entitled to receive a telephone allowance not more than [$500 as a telephone allowance] $1,000 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $200 during each special session of the legislature.

       7.  An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.


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ê1979 Statutes of Nevada, Page 1269 (Chapter 598, SB 263)ê

 

expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.

       8.  Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsection 5 must be paid once each week during a legislative session and upon completion of a presession orientation conference.

 

________

 

 

CHAPTER 599, SB 294

Senate Bill No. 294–Committee on Judiciary

CHAPTER 599

AN ACT relating to parentage; providing for the establishment of parentage; providing for enforcement of obligations of support of children; establishing a state register for adoptions; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

      Whereas, The parent and child relationship, with its rights, privileges, duties and obligations, extends equally to every child and to every parent regardless of the marital status of the parents, and it is the duty of the state to establish means to protect and enforce these interests as well as those of adoptive parents; and

      Whereas, The failure of parents to provide adequate financial support and care for their children is a major cause of financial dependency and a contributing cause to social delinquency; and

      Whereas, The present remedies are slow and uncertain, and result in a burden on the resources of the state, which must provide public assistance for basic maintenance when parents fail to meet their obligations; and

      Whereas, It is the duty of the state to conserve money for public assistance by providing reasonable and effective means to enforce the obligations of persons who are responsible for the care and support of their children; and

      Whereas, Determination of parentage is necessary to effective enforcement of that responsibility; now, therefore,

 

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

 

      Section 1.  Chapter 126 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.

      Sec. 2.  This chapter applies to all persons, no matter when born.

      Sec. 3.  As used in this chapter, unless the context otherwise requires:

      1.  “Custodial parent” means the parent of a child born out of wedlock who has been awarded custody of the child or, if no custody award has been made by a court, the parent with whom the child resides.


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ê1979 Statutes of Nevada, Page 1270 (Chapter 599, SB 294)ê

 

      2.  “Nonsupporting parent” means the parent of a child born out of wedlock who has failed to provide an equitable share of his child’s necessary maintenance, education and support.

      3.  “Parent and child relationship” means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. It includes the mother and child relationship and the father and child relationship.

      Sec. 4.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

      Sec. 5.  The parent and child relationship between a child and:

      1.  The natural mother may be established by proof of her having given birth to the child, or under this chapter or NRS 201.025.

      2.  The natural father may be established under this chapter or NRS 201.025.

      3.  An adoptive parent may be established by proof of adoption.

      Sec. 6.  1.  A man is presumed to be the natural father of a child if:

      (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.

      (b) He and the child’s natural mother were cohabitating for at least 6 months before the period of conception and continued to cohabit during that period.

      (c) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:

             (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or

             (2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.

      (d) After the child’s birth, he and the child’s natural mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:

             (1) He has acknowledged his paternity of the child in writing;

             (2) With his consent, he is named as the child’s father on the child’s birth certificate; or

             (3) He is obligated to support the child under a written voluntary promise or by court order.

      (e) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.

      (f) At any time he acknowledges his paternity of the child in a writing filed with the state registrar of vital statistics.

      2.  The registrar shall promptly inform the natural mother of the filing of an acknowledgment, and the presumption is nullified if she disputes the acknowledgment in a writing filed with the registrar within 60 days after this notice is given.


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ê1979 Statutes of Nevada, Page 1271 (Chapter 599, SB 294)ê

 

this notice is given. Each acknowledgment filed is to be maintained by the registrar in a sealed confidential file until it is consented to by the mother and any other presumed father. This does not preclude access by an appropriate state official incident to his official responsibility concerning the parentage of the child. The acknowledgment must not be made public unless the mother affirmatively consents to the acknowledgment or a court adjudicates parentage. Each acknowledgment must be signed by the person filing it, and contain:

             (1) The name and address of the person filing the acknowledgment;

             (2) The name and last-known address of the mother of the child; and

             (3) The date of birth of the child, or, if the child is unborn, the month and year in which the child is expected to be born.

If another man is presumed under this section to be the child’s father, acknowledgment may be effected only with the written consent of the presumed father or after the presumption has been rebutted by a court decree. Acknowledgment of both parents as to the parentage of a child makes the child legitimate from birth, and the birth shall be documented as provided in chapter 440 of NRS.

      3.  A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.

      Sec. 7.  1.  If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The husband’s consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and file the husband’s consent with the health division of the department of human resources, where it must be kept confidential and in a sealed file. The physician’s failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.

      2.  The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived.

      Sec. 8.  1.  A child, his natural mother, or a man presumed to be his father under paragraph (a), (c) or (d) of subsection 1 of section 6 of this act, may bring an action:

      (a) At any time for the purpose of declaring the existence of the father and child relationship presumed under paragraph (a), (c) or (d) of subsection 1 of section 6 of this act; or

      (b) For the purpose of declaring the nonexistence of the father and child relationship presumed under paragraph (a), (c) or (d) of subsection 1 of section 6 of this act only if the action is brought within a reasonable time after obtaining knowledge of relevant facts, but in no event later than 5 years after the child’s birth.


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ê1979 Statutes of Nevada, Page 1272 (Chapter 599, SB 294)ê

 

1 of section 6 of this act only if the action is brought within a reasonable time after obtaining knowledge of relevant facts, but in no event later than 5 years after the child’s birth. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.

      2.  Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship presumed under paragraph (b), (e) or (f) of subsection 1 of section 6 of this act.

      3.  An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 6 of this act may be brought by the child, the mother or personal representative of the child, the welfare division of the department of human resources, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father is the alleged father has died or is a minor.

      4.  Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with subsection 2 of section 15 of this act between an alleged or presumed father and the mother or child, does not bar an action under this section.

      5.  If an action under this section is brought before the birth of the child, all proceedings must be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

      Sec. 9.  Except as otherwise provided in NRS 41.210 to 41.260, inclusive, and in this chapter, an action to determine the existence of the father and child relationship as to a child who has no presumed father under section 6 of this act may not be brought later than 3 years after the birth of the child, or July 1, 1982, whichever is later. The welfare division of the department of human resources acting on behalf of a child receiving public assistance may bring an action to establish paternity within 1 year after the child becomes a recipient of public assistance or within 3 years after the birth of the child, whichever is later. But an action brought by or on behalf of a child whose paternity has not been determined is not barred until 3 years after the child reaches the age of majority. Section 8 of this act and this section do not alter the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents’ estates or to the determination of heirship, or otherwise.

      Sec. 10.  1.  Each district court has jurisdiction of an action brought under this chapter. The action may be joined with an action for divorce, annulment, separate maintenance or support.

      2.  A person who has sexual intercourse in this state thereby submits to the jurisdiction of the courts of this state as to an action brought under this chapter with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provided by law, personal jurisdiction may be acquired by personal service of summons outside this state or by registered mail with proof of actual receipt.

      3.  The action may be brought in the county in which the child, the mother or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced.


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ê1979 Statutes of Nevada, Page 1273 (Chapter 599, SB 294)ê

 

mother or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced. The court has jurisdiction whether or not the plaintiff resides in this state.

      Sec. 11.  The child must be made a party to the action. If he is a minor he must be represented by his general guardian or a guardian ad litem appointed by the court. The child’s mother or father may not represent the child as guardian or otherwise. The court may appoint the welfare division of the department of human resources as guardian ad litem for the child. The natural mother, each man presumed to be the father under section 6 of this act, and each man alleged to be the natural father must be made parties or, if not subject to the jurisdiction of the court, be given notice of the action in a manner prescribed by the court and an opportunity to be heard. The court may align the parties.

      Sec. 12.  1.  The court shall endeavor to resolve the issues raised in an action pursuant to this chapter by an informal hearing.

      2.  As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the hearing be held before a master or referee. The public shall be barred from the hearing. A record of the proceeding or any portion thereof must be kept if any party requests or the court orders. Strict rules of evidence need not be observed, but those prescribed in NRS 233B.123 apply.

      3.  Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order him to testify under oath and produce evidence concerning all relevant facts, If the refusal is upon the ground that his testimony or evidence might tend to incriminate him, the court may grant him immunity from prosecution for all criminal offenses shown in whole or in part by testimony or evidence he is required to produce, except for perjury committed in his testimony. The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court.

      4.  Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged.

      Sec. 13.  1.  The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more blood tests to be made by qualified physicians or other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever the test is ordered and made, the results of the test may be received in evidence. The order for the blood tests also may direct that the testimony of the experts and of the persons so examined may be taken by deposition.

      2.  If any party refuses to submit to a blood test, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.

      3.  The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of blood types.


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ê1979 Statutes of Nevada, Page 1274 (Chapter 599, SB 294)ê

 

      4.  In all cases, the court shall determine the number and qualifications of the experts.

      Sec. 14.  Evidence relating to paternity may include:

      1.  Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

      2.  An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.

      3.  An expert’s opinion concerning blood test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father’s paternity.

      4.  Medical or anthropological evidence relating to the alleged father’s paternity of the child based on tests performed by experts.

      5.  All other evidence relevant to the issue of paternity of the child.

      Sec. 15.  1.  On the basis of the information produced at the pretrial hearing, the judge, master or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement must be made to the parties, which may include any of the following:

      (a) That the action be dismissed with or without prejudice.

      (b) That the matter be compromised by an agreement among the alleged father, the mother and the child, in which the father and child relationship is not determined but in which a defined economic obligation, fully secured by payment or otherwise, is undertaken by the alleged father in favor of the child and, if appropriate, in favor of the mother, subject to approval by the judge, master or referee conducting the hearing. In reviewing the obligation undertaken by the alleged father in a compromise agreement, the judge, master or referee conducting the hearing shall consider the best interest of the child, in the light of the factors enumerated in subsection 5 of section 17 of this act, discounted by the improbability, as it appears to him, of establishing the alleged father’s paternity or nonpaternity of the child in a trial of the action. In the best interest of the child, the court may order that the alleged father’s identity be kept confidential. In that case, the court may designate a person or agency to receive from the alleged father and disburse on behalf of the child all amounts paid by the alleged father in fulfillment of obligations imposed on him.

      (c) That the alleged father voluntarily acknowledge his paternity of the child.

      2.  If the parties accept a recommendation made in accordance with subsection 1, judgment may be entered accordingly.

      3.  If a party refuses to accept a recommendation made under subsection 1 and blood tests have not been taken, the court shall require the parties to submit to blood tests, if practicable. Thereafter the judge, master or referee shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action must be set for trial.

      4.  The guardian ad litem may accept or refuse to accept a recommendation under this section.


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ê1979 Statutes of Nevada, Page 1275 (Chapter 599, SB 294)ê

 

      5.  The pretrial hearing may be terminated and the action set for trial if the judge, master or referee conducting the hearing finds unlikely that all parties would accept a recommendation he might make under subsection 1 or 3.

      Sec. 16.  1.  An action under this chapter is a civil action governed by the Nevada Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Subsections 3 and 4 of section 12 and sections 13 and 14 of this act apply.

      2.  In an action against an alleged father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning that man’s sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court blood tests the results of which do not exclude the possibility of his paternity of the child. A man who is identified and is subject to the jurisdiction of the court must be made a defendant in the action.

      3.  The trial must be by the court without a jury, unless any party demands a jury trial within 20 days following the filing of a pretrial recommendation.

      Sec. 17.  1.  The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes.

      2.  If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.

      3.  The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment or order may direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement.

      4.  Support judgments or orders ordinarily must be for periodic payments which may vary in amount. In the best interest of the child, a lump sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.

      5.  In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, a court enforcing the obligation of support shall consider the relevant facts, including the:

      (a) Needs of the child.

      (b) Standard of living and circumstances of the parents.

      (c) Relative financial means of the parents.

      (d) Earning ability of the parents.

      (e) Need and capacity of the child for education.

      (f) Age of the child.

      (g) Financial resources and the earning ability of the child.

      (h) Responsibility of the parents for the support of others.

      (i) Value of services contributed by the custodial parent.


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ê1979 Statutes of Nevada, Page 1276 (Chapter 599, SB 294)ê

 

      (j) Assistance paid by public agencies to support the child, and reasonably related expenses of the mother’s pregnancy and confinement.

      Sec. 18.  The court may order reasonable fees of counsel, experts and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid by the county.

      Sec. 19.  1.  If the parent and child relationship has been established, the obligation of a parent may be enforced in the same or independent proceedings by the other parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support or funeral, or by any other person, including a private agency, to the extent he has furnished or is furnishing these expenses.

      2.  The court may order support payments to be made to the custodial parent, the clerk of the court, or a person, corporation or public agency designated to administer them for the benefit of the child under the supervision of the court.

      3.  Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.

      Sec. 20.  The court has continuing jurisdiction to modify or revoke a judgment or order:

      1.  For future education and support; and

      2.  With respect to matters listed in subsections 3 and 4 of section 17 of this act and subsection 2 of section 19 of this act, except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under subsection 4 of section 17 of this act may specify that the judgment or order may not be modified or revoked.

      Sec. 21.  1.  At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall appoint counsel for a party who is financially unable to obtain counsel.

      2.  If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal.

      Sec. 22.  Any hearing or trial held under this chapter must be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the welfare division of the department of human resources or elsewhere, are subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.

      Sec. 23.  Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this chapter applicable to the father and child relationship apply to that action.

      Sec. 24.  1.  Any promise in writing to furnish support for a child, growing out of a supposed or alleged parent and child relationship, does not require consideration and is enforcible according to its terms, subject to subsection 4 of section 8 of this act.


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ê1979 Statutes of Nevada, Page 1277 (Chapter 599, SB 294)ê

 

      2.  In the best interest of the child or the custodial parent, the court may, and upon the promisor’s request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise.

      Sec. 25.  Upon order of a court of this state or upon request of a court of another state, the state registrar of vital statistics shall prepare a new certificate of birth consistent with the findings of the court and substitute the new certificate for the original certificate of birth as provided in NRS 440.270 to 440.340, inclusive.

      Sec. 26.  Chapter 128 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If a mother relinquishes or proposes to relinquish for adoption a child who has:

      (a) A presumed father under subsection 1 of section 6 of this act;

      (b) A father whose relationship to the child has been determined by a court; or

      (c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this state or under the law of another jurisdiction,

and the father has not consented to the adoption of the child or relinquished the child for adoption, a proceeding must be brought pursuant to this chapter and a determination made of whether a parent and child relationship exists and if so, if it should be terminated.

      2.  If a mother relinquishes or proposes to relinquish for adoption a child who does not have:

      (a) A presumed father under subsection 1 of section 6 of this act;

      (b) A father whose relationship to the child has been determined by a court;

      (c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this state or under the law of another jurisdiction; or

      (d) A father who can be identified in any other way,

or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having custody of the child, shall file a petition in the district court to terminate the parental rights of the father, unless the father’s relationship to the child has been previously terminated or determined not to exist by a court.

      3.  In an effort to identify and protect the interests of the natural father, the court which is conducting a proceeding pursuant to this chapter shall cause inquiry to be made of the mother and any other appropriate person. The inquiry must include the following:

      (a) Whether the mother was married at the time of conception of the child or at any time thereafter.

      (b) Whether the mother was cohabiting with a man at the time of conception or birth of the child.

      (c) Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.

      (d) Whether any man has formally or informally acknowledged or declared his possible paternity of the child.


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ê1979 Statutes of Nevada, Page 1278 (Chapter 599, SB 294)ê

 

      4.  If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each must be given notice of the proceeding in accordance with subsection 6 of this section or with this chapter, as applicable. If any of them fails to appear or, if appearing, fails to claim custodial rights, such failure constitutes abandonment of the child. If the natural father or a man representing himself to be the natural father, claims custodial rights, the court shall proceed to determine custodial rights.

      5.  If, after the inquiry, the court is unable to identify the natural father or any possible natural father and no person has appeared claiming to be the natural father and claiming custodial rights, the court shall enter an order terminating the unknown natural father’s parental rights with reference to the child. Subject to the disposition of any appeal, upon the expiration of 6 months after an order terminating parental rights is issued under this subsection, or this chapter, the order cannot be questioned by any person in any manner or upon any ground, including fraud, misrepresentation, failure to give any required notice or lack of jurisdiction of the parties or of the subject matter.

      6.  Notice of the proceeding must be given to every person identified as the natural father or a possible natural father in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process in a civil action, or in any manner the court directs. Proof of giving the notice must be filed with the court before the petition is heard.

      Sec. 27.  Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      After the time to bring an action under chapter 126 of NRS has elapsed and if the action is not for the purpose of establishing the responsibility of any person for the support of another, then NRS 41.210 to 41.260, inclusive, apply.

      Sec. 28.  NRS 41.220 is hereby amended to read as follows:

      41.220  1.  Every person desiring to have the date of his birth, the place of his birth or his parentage established [shall] must file a verified petition accompanied by his fingerprint chart, with a small recent photograph attached, in the district court of the county in which such person [shall have] has been a resident for at least 6 months prior thereto, which petition [shall] must recite the circumstances involved and the desire of the petitioner in relation thereto.

      2.  [Upon the filing of a petition in the office of the county clerk, the county clerk shall give notice of the hearing thereof by posting notices thereof in three public places in the county, which notice shall provide for the hearing of the petition at any time after the posting of the notices for 15 days. In addition to the posting of the notice the clerk shall send a copy of the notice to the National Office of Vital Statistics at Washington, D.C., and one to the sheriff of the county in which the petition is filed.] Any action to establish parentage must be entitled “In the Matter of the Parental Relation of .............................. and .............................. .” Notice of the bringing of the action must be served, in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process, upon each of the following persons, if living:

      (a) The person whose parentage it is sought to establish; and


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ê1979 Statutes of Nevada, Page 1279 (Chapter 599, SB 294)ê

 

      (b) Each known or alleged parent, except a parent who has brought the action.

      3.  If the court so requests, the state registrar of vital statistics must examine his records and provide to the court any data relevant to the action which he finds.

      Sec. 29.  NRS 41.240 is hereby amended to read as follows:

      41.240  After the court [shall deem] deems the evidence presented upon the hearing of the petition sufficient to grant the prayer of the petitioner, it shall make an order establishing the facts of the matter as presented to the court. [Any decree rendered by the court as establishing the date of birth, the place of birth or parentage, or any of such, of any person shall be prima facie evidence thereof for all purposes in which the date of the person’s birth, place of birth or parentage may be at issue.]

      Sec. 30.  NRS 56.020 is hereby amended to read as follows:

      56.020  Whenever it [shall be] is relevant in a civil or criminal action to determine the parentage or identity of any [child,] person or corpse, the court, by order, may direct any party to the action and the person involved in the controversy to submit to one or more blood tests, to be made by [duly] qualified physicians or other [duly] qualified persons, under such restrictions and directions as the court or judge [shall deem] deems proper. Whenever such test is ordered and made, the results thereof [shall be receivable] may be received in evidence. [, but only in cases where definite exclusion is established.] The order for [such] the blood tests also may direct that the testimony of [such] the experts and of the persons so examined may be taken by deposition. The opinion of any expert concerning results of blood tests may be weighted in accordance with evidence, if available, of the statistical probability of the alleged blood relationship. The court shall determine how and by whom the costs of [such examination shall] the examination must be paid.

      Sec. 31.  NRS 126.040 is hereby amended to read as follows:

      126.040  1.  [The mother may recover from the father] Either parent may recover from the other a reasonable share of the necessary support of the child.

      2.  In the absence of a previous demand in writing (served personally or by registered or certified letter addressed to the [father] nonsupporting parent at his last-known residence), not more than [2] 3 years’ support furnished [prior to] before the bringing of the action may be recovered from the [father.] nonsupporting parent.

      Sec. 32.  NRS 126.050 is hereby amended to read as follows:

      126.050  The obligation of [the father as herein provided creates also a cause of action on behalf of the legal representatives of the mother,] support imposed on the parents of a child born out of wedlock also creates a cause of action on behalf of the legal representatives of either of them, or on behalf of third persons or public agencies furnishing support or defraying the reasonable expenses thereof. [, where paternity has been judicially established by proceedings brought by the mother or by or on behalf of the child or by the authorities charged with its support, or where paternity has been acknowledged by the father in writing or by the part performance of the obligations imposed upon him.]


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ê1979 Statutes of Nevada, Page 1280 (Chapter 599, SB 294)ê

 

      Sec. 33.  NRS 126.060 is hereby amended to read as follows:

      126.060  1.  The obligation of [the father] a parent other than that under the laws providing for the support of poor relatives is discharged by complying with a judicial decree for support or with the terms of a judicially approved settlement.

      2.  The legal adoption of the child into another family discharges the obligation of his natural parents for the period subsequent to the adoption.

      Sec. 34.  NRS 126.070 is hereby amended to read as follows:

      126.070  1.  The obligation of [the father, where his paternity] a parent, where parentage has been judicially established in his lifetime, or has been acknowledged by him in writing or by the part performance of his obligation, is enforcible against his estate in such an amount as the court may determine, having regard to the age of the child, the ability of the [mother] custodial parent to support [it,] the child, the amount of property left by the [father,] deceased parent, the number, age, and financial condition of the lawful issue, if any, and the rights of the [widow, if any.] surviving spouse, if any, of the deceased parent.

      2.  The court may direct the discharge of the obligation by periodical payments or by the payment of a lump sum.

      Sec. 35.  NRS 126.080 is hereby amended to read as follows:

      126.080  Proceedings to compel support by [the father] a nonsupporting parent may be brought in accordance with [NRS 126.090 to 126.290, inclusive,] this chapter and no filing fees or other fees, charges [,] or court costs [shall] may be charged for bringing or maintaining the [same,] proceeding, but the usual filing fees, charges [,] or court costs [, as aforesaid,] may [by the court] be assessed by the court against the [father] nonsupporting parent and enforced with the other provisions of the judgment as provided in NRS 126.250. They [shall not be] are not exclusive of other proceedings. [that may be available on principles of law or equity.]

      Sec. 36.  NRS 126.190 is hereby amended to read as follows:

      126.190  If the defendant fails to appear, the security for his appearance [shall be] is forfeited and [shall] must be applied on account of the payment of the judgment, [but the trial shall proceed as if he were present; and the court shall upon the findings of the judge or the verdict of the jury make such orders as if the defendant were in court.] and the court may proceed as if he were present and hear the complaint. The court shall require the plaintiff to establish the facts, and shall give full and careful consideration to all evidence presented and the rights and claims of the plaintiff, defendant and children, and the best interests of the child or children involved. The court shall, upon its own findings or the verdict of the jury, make such orders as it would make if the defendant were present.

      Sec. 37.  NRS 126.200 is hereby amended to read as follows:

      126.200  If after the complaint [the mother dies or] has been filed, the plaintiff dies, becomes insane or cannot be found within the jurisdiction, the proceeding does not abate, but the child [shall] may be substituted as complainant [.] by his guardian ad litem.

      Sec. 38.  NRS 126.210 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1281 (Chapter 599, SB 294)ê

 

      126.210  In case of the death of the defendant, [after the preliminary hearing,] the action to compel support may be prosecuted against the personal representatives of the deceased with like effect as if he were living, subject as regards the measure of support to the [provision of NRS 126.080 except that no arrest of such personal representative shall take place or bond be required of him.] provisions of this chapter. No personal representative may be required to post a bond.

      Sec. 39.  NRS 126.240 is hereby amended to read as follows:

      126.240  1.  The court may require the payments to be made to the [mother,] custodial parent, public agency or to some person or corporation to be designated by the court as trustee.

      2.  If the welfare division of the department of human resources has provided money for the support of the child, the court shall direct that payment be made to the division as provided for in NRS 425.360.

      3.  The payments [shall be directed to] must be made to a trustee if the [mother] custodial parent does not reside within the jurisdiction of the court [.

      3.] or has assigned his right to receive support to a public agency in another state.

      4.  The trustee shall report to the court annually, or [oftener,] more often, as directed by the court, the amounts received and paid over.

      Sec. 40.  NRS 126.250 is hereby amended to read as follows:

      126.250  1.  The court may require [the father] a nonsupporting parent to give security, by bond with sureties, for the payment of the judgment. In default of such security, when required, the court may commit him to jail [.] for civil contempt. After 1 year the person so committed may be discharged (in accordance with the law relating to the discharge of insolvent debtors), but his liability to pay the judgment [shall not be thereby affected.] is not affected by his release.

      2.  Instead of committing the [father] nonsupporting parent to jail, or as a condition of his release from jail, the court may commit him to the custody of the sheriff of the county, upon such terms regarding payments and personal reports, as the court may direct. Upon violation of the terms imposed, the court may commit or recommit the [father] nonsupporting parent to jail.

      Sec. 41.  NRS 126.325 is hereby amended to read as follows:

      126.325  1.  The district attorney of the county of residence of the child shall take such action as is necessary to establish [paternity of such] parentage of the child and locate [, apprehend or] and take legal action against a deserting or nonsupporting parent of [such child.] the child when requested to do so by the custodial parent or a public agency which provides assistance to the parent or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and the obligation of support.

      2.  In a county where the district attorney has deputies to aid him in the performance of his duties, such district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.


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ê1979 Statutes of Nevada, Page 1282 (Chapter 599, SB 294)ê

 

      3.  The district attorney and his deputies do not become representatives of the parent or child by reason of performing their duties pursuant to this chapter. Except as to disclosures of criminal activity, the privilege between lawyer and client arises from the performance of those duties, but officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the privilege between lawyer and client under these circumstances.

      Sec. 42.  NRS 126.330 is hereby amended to read as follows:

      126.330  A criminal prosecution brought in accordance with the provisions of NRS [126.300 or 126.310 shall not be] 201.020 to 201.080, inclusive, is not a bar to, or [be] barred by, civil proceedings to compel support; but money paid toward the support of the child under the provisions of NRS [126.320 shall] 201.020 to 201.080, inclusive, must be allowed for and credited in determining or enforcing any civil liability.

      Sec. 43.  Chapter 127 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The welfare division of the department of human resources shall maintain the state register for adoptions, which is hereby established, in its central office for the purpose of providing information to adults who were adopted and their natural parents.

      2.  The state register for adoption consists of:

      (a) Names and other information, which the state welfare administrator deems to be necessary for the operation of the register, relating to persons who have released a child for adoption or have consented to the adoption of a child, or whose parental rights have been terminated by a court of competent jurisdiction, and who have submitted the information voluntarily to the welfare division; and

      (b) Names and other necessary information of persons who are 18 years of age or older, who were adopted and who have submitted the information voluntarily to the welfare division.

Any person whose name appears in the register may withdraw it by requesting in writing that it be withdrawn. The welfare division shall immediately withdraw a name upon receiving a request to do so, and may not thereafter release any information relating to that person, including the information that such a name was ever in the register.

      3.  The welfare division may release information about a natural parent to an adopted person, or about an adopted person to a natural parent, if the names and information about both are contained in the register.

      Sec. 44.  NRS 127.040 is hereby amended to read as follows:

      127.040  1.  [Written] Except as provided in NRS 127.090, written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized [under NRS 127.050, duly] to accept relinquishments acknowledged by the person or persons consenting, [shall be] is required from:

      (a) Both parents if both are living;

      (b) One parent if the other is dead; or

      (c) [The mother only of a child born out of wedlock except that if parental rights have been established in a court of competent jurisdiction by the father of such a child, pursuant to NRS 41.530, his consent shall be required; or

 


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

ê1979 Statutes of Nevada, Page 1283 (Chapter 599, SB 294)ê

 

parental rights have been established in a court of competent jurisdiction by the father of such a child, pursuant to NRS 41.530, his consent shall be required; or

      (d)]The guardian of the person of a child [duly] appointed by a court of competent jurisdiction.

      2.  Consent [shall not be] is not required of a parent who has been adjudged insane for [a period of 2 years, and] 2 years if the court is satisfied by proof that such insanity is incurable.

      Sec. 45.  NRS 127.070 is hereby amended to read as follows:

      127.070  1.  All releases for and consents to adoption executed [prior to] by the mother before the birth of a child [shall be void] are invalid.

      2.  A release for or consent to adoption may be executed by the father before the birth of the child if the father is not married to the mother. A release executed by the father becomes invalid if:

      (a) The father of the child marries the mother of the child before the child is born;

      (b) The mother of the child does not execute a release for or consent to adoption of the child within 6 months after the birth of the child; or

      (c) No petition for adoption of the child has been filed within 2 years after the birth of the child.

      Sec. 46.  NRS 127.080 is hereby amended to read as follows:

      127.080  1.  [The] Except as provided in NRS 127.070, the execution of a written consent to a specific adoption or a relinquishment for adoption pursuant to this chapter [shall be] is irrevocable.

      2.  A minor parent may execute a relinquishment for adoption and cannot revoke [the same] it upon [his or her] coming of age.

      Sec. 47.  NRS 127.140 is hereby amended to read as follows:

      127.140  1.  All hearings held in proceedings under this chapter [shall be] are confidential and [shall] must be held in closed court, without admittance of any person other than the petitioners, their witnesses, the director of an agency, or their authorized representatives, attorneys and persons entitled to notice by this chapter, except by order of the court.

      2.  The files and records of the court in adoption proceedings [shall not be] are not open to inspection [of] by any person except upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor [.] or if a natural parent and the child are eligible to receive information from the state register of adoptions.

      Sec. 48.  NRS 127.186 is hereby amended to read as follows:

      127.186  1.  The welfare division of the department of human resources, or a child-placing agency licensed by the welfare division pursuant to this chapter, is hereby authorized and empowered to consent to the adoption of a child under 18 years of age with special needs due to race, age, physical or mental problems in the custody of the welfare division or the licensed agency by proposed adoptive parents of limited means when, in the judgment of the welfare division [,] or the licensed agency, it would be to the best interests of such child to be placed in such adoptive home and it would be difficult to locate a suitable adoptive home where the adoptive parents would be capable of bearing the full costs of maintaining such child.


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

ê1979 Statutes of Nevada, Page 1284 (Chapter 599, SB 294)ê

 

      2.  [Upon such consent and approval by the court, the] The welfare division is authorized [, if within the limitation imposed by subsection 7,] to grant financial assistance for maintenance or preexisting physical or mental conditions to the adoptive parents out of [such funds as may be] money provided for that purpose if:

      (a) Due and diligent effort has been made by the welfare division or the licensed agency to locate a suitable adoptive home for such child where financial assistance would not be required.

      (b) The state welfare administrator has reviewed and approved in writing the proposed adoption and grant of assistance.

      3.  The financial assistance grant [shall] must be limited by agreement in writing between the welfare division and the adoptive parents, both as to amount and duration, which agreement [shall] does not become effective [unless presented to and approved by the court at the time of making] until the entry of the order of adoption.

      4.  Any grant of financial assistance [shall] must be reviewed and evaluated at least once annually by the welfare division. Such evaluation [shall] must be presented for approval to [the court with a recommendation by] the state welfare administrator. Financial assistance [shall] must be discontinued immediately upon written notification to the adoptive parents by the welfare division [by the court] that continued assistance is denied.

      5.  All financial assistance provided under this section [shall cease] ceases immediately when the child attains his or her majority, becomes self-supporting, is emancipated or dies, whichever [event shall first occur.] is first.

      6.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance [shall in any way alter or affect] affects the legal status or respective obligations of any party to such adoption.

      [7.  The total of all grants of financial assistance made by the welfare division pursuant to this section in any one fiscal year shall not exceed $10,000.]

      Sec. 49.  NRS 128.095 is hereby amended to read as follows:

      128.095  If the putative father of a child fails to acknowledge the child or petition to have his parental rights established in a court of competent jurisdiction [pursuant to NRS 41.530 prior to] before a hearing on a petition to terminate his parental rights, he is presumed to have intended to abandon the child.

      Sec. 50.  NRS 130.245 is hereby amended to read as follows:

      130.245  If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both of the parties are present at the hearing or the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate the paternity issue [.] as provided in chapter 126 of NRS. Otherwise the court may adjourn the hearing until the paternity issue has been adjudicated.

      Sec. 51.  NRS 201.020 is hereby amended to read as follows:

      201.020  1.  Any husband or wife who, without just cause, deserts, willfully neglects or refuses to provide for the support and maintenance of his [wife] spouse in destitute or necessitous circumstances; or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance due to infirmity, incompetency or other legal disability contracted prior to their reaching the age of majority, shall be punished:

 


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

ê1979 Statutes of Nevada, Page 1285 (Chapter 599, SB 294)ê

 

willfully neglects or refuses to provide for the support and maintenance of his [wife] spouse in destitute or necessitous circumstances; or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance due to infirmity, incompetency or other legal disability contracted prior to their reaching the age of majority, shall be punished:

      [1.](a) If the conduct for which the defendant was convicted persisted for less than 6 months, for a misdemeanor or, if such conduct persisted for more than 6 months, for a gross misdemeanor or, if for more than 1 year as provided in [subsection 2.] paragraph (b).

      [2.](b) For any subsequent offense by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$1,000,] $5,000 or by both fine and imprisonment.

      2.  In addition to other orders which the court may make relative to the defendant’s obligation to provide support to his spouse and children, the court may impose an intermittent sentence on a person found guilty of a violation of subsection 1 if it finds that such a sentence would be in the best interest of the defendant’s spouse and child or children.

      Sec. 52.  NRS 201.025 is hereby amended to read as follows:

      201.025  1.  The district attorney of the county of residence of a spouse or minor child who has been deserted, neglected or for whom support and maintenance are refused as proscribed by NRS 201.020 shall take such action as is necessary to establish [paternity] the parentage of such child and locate, apprehend [or] and take legal action against [a] the deserting or nonsupporting parent. [of such applicant or recipient.]

      2.  In a county where the district attorney has deputies to aid him in the performance of his duties, such district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.

      Sec. 53.  NRS 41.530, 56.010, 126.010, 126.020, 126.090 to 126.110, inclusive, 126.130 to 126.180, inclusive, 126.220, 126.230, 126.270 to 126.320, inclusive, 126.340, 126.350, 126.370, 126.380, 134.170 and 134.180 are hereby repealed.

 

________

 

 


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ê1979 Statutes of Nevada, Page 1286ê

 

CHAPTER 600, SB 295

Senate Bill No. 295–Committee on Judiciary

CHAPTER 600

AN ACT relating to the state judicial department; prohibiting the private practice of law by district judges; restricting the practice of law by certain justices of the peace; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 3.120 is hereby amended to read as follows:

      3.120  A district judge [shall not act as attorney or counsel in any court except in an action or proceeding to which he is a party on the record.] may not engage in the private practice of law.

      Sec. 2.  Chapter 4 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      A justice of the peace in a township having a population of more than 60,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may not act as attorney or counsel in any court except in an action or proceeding to which he is a party on the record.

      Sec. 3.  The provisions of this act do not apply to any district judge or justice of the peace during a term which is current on July 1, 1979.

 

________

 

 

CHAPTER 601, SB 304

Senate Bill No. 304–Senator Jacobsen

CHAPTER 601

AN ACT making an appropriation from the state general fund for the use of the Carson-Tahoe Hospital to help finance the construction of rooms suitable for the hospitalization of prisoners; and providing other matters properly relating thereto.

 

[Approved June 2, 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 for the use of the Carson-Tahoe Hospital in Carson City, Nevada, the sum of $150,000 to help finance the construction of rooms suitable for the hospitalization of prisoners.

      Sec. 2.  After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1287ê

 

CHAPTER 602, SB 356

Senate Bill No. 356–Senator Dodge

CHAPTER 602

AN ACT relating to public buildings; authorizing a tax on residential construction for the purpose of erecting or adding to school buildings; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in section 3 of this act:

      1.  “Apartment house” means a building arranged in several suites of connecting rooms, each suite designed for independent housekeeping, but with certain typical mechanical conveniences, such as air conditioning, heat, light or elevator services shared in common by all families occupying the building.

      2.  “Lot for a mobile home” means any area or tract of land designated, designed or used for the occupancy of a mobile home. A “mobile home” is a vehicle without motive power designed or equipped for living purposes and to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

      3.  “Residential dwelling unit” means a building or a portion of a building planned, designed or used as a residence for one family only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in the unit.

      Sec. 3.  1.  The tax on residential construction authorized by this section is a specified amount which must be the same for each:

      (a) Lot for a mobile home;

      (b) Residential dwelling unit; and

      (c) Suite in an apartment house,

imposed on the privilege of constructing apartment houses, and residential dwelling units and developing lots for mobile homes.

      2.  The board of trustees of any school district whose population is less than 25,000 may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district for the purpose of erecting and making additions to school buildings. Whenever the board of trustees takes that action it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.

      3.  If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada tax commission. If the commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,000.

      4.  The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.

      5.  The money collected must be deposited with the county treasurer in the school district building reserve fund to be held and expended in the same manner as other money deposited in that fund.


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

ê1979 Statutes of Nevada, Page 1288 (Chapter 602, SB 356)ê

 

in the school district building reserve fund to be held and expended in the same manner as other money deposited in that fund. If the district has no building reserve fund the money must be deposited with the county treasurer in a special fund to be used only for the purpose of erecting and making additions to school buildings.

      Sec. 4.  The Nevada tax commission shall, every 4 years after it has approved the imposition of a tax on residential construction in a particular county or area of a county, review the need for the tax under the circumstances existing at the time of the review. If the commission finds that the tax is no longer needed, it shall so inform the board of county commissioners of that county, who shall repeal the tax as of the end of the current fiscal year.

      Sec. 5.  NRS 338.010 is hereby amended to read as follows:

      338.010  As used in [this chapter:] NRS 338.010 to 338.180, inclusive:

      1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

      2.  “Public body” means the state, county, city, town, village, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

      3.  “Public work” means new construction of and the repair and reconstruction work on all public buildings, public highways, public roads, public streets and alleys, public utilities paid for in whole or in part by public funds, publicly owned water mains and sewers, public parks and playgrounds, and all other publicly owned works and property.

      4.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs, or other bona fide fringe benefits which are a benefit to the workman.

      The obligation of a contractor or subcontractor to make such wage payments in accordance with the prevailing wage determination of the labor commissioner may be discharged by the making of payments in cash, or by making contributions to an established third person pursuant to a fund, plan or program in the name of the workman.

      5.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1289ê

 

CHAPTER 603, SB 394

Senate Bill No. 394–Committee on Commerce and Labor

CHAPTER 603

AN ACT relating to savings and loan associations; making various changes in the law regulating savings and loan associations; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any change or proposed change in the stock ownership of an association which would result in the obtaining by any person, including but not limited to a business trust, of 10 percent or more of the outstanding capital stock of an association must be reported by the president of the association to the commissioner within 10 days after obtaining knowledge of that change or proposed change.

      Sec. 2.  NRS 673.011 is hereby amended to read as follows:

      673.011  “Home” means a dwelling or dwellings for not more than four families, the principal use of which is for residential purposes. The term includes:

      1.  A dwelling on a farm.

      2.  A dwelling unit of a cooperative housing corporation.

      3.  A mobile home as defined in NRS 489.120, with the wheels removed and skirting added, when set on a foundation located on land which the owner of the home owns or occupies pursuant to a tenancy with a term of 40 years or more.

      Sec. 3.  NRS 673.080 is hereby amended to read as follows:

      673.080  1.  The secretary of state shall not issue any certificate to [any such] an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.

      2.  No amendment to the articles of [any such] the organization may be filed by the secretary of state without the written approval [thereof] of the articles by the commissioner.

      3.  No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.

      4.  (a) Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize [such] an association before taking any other action in connection [therewith.] with the organization.

      (b) Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as “applicants,” the original and two copies [thereof shall] of the application must be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, and itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants’ information and belief.


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

ê1979 Statutes of Nevada, Page 1290 (Chapter 603, SB 394)ê

 

proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants’ information and belief. This data [shall] must be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:

             (1) The character and responsibility of the applicants;

             (2) The need for [such] the association in the community to be served;

            (3) The reasonable probability of its usefulness and success; and

             (4) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.

      (c) If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of [such] the written protest, the commissioner shall fix a date for a hearing upon the protest, and the hearing [shall] must be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered or certified mail by the parties.

      (d) The commissioner shall approve or deny the application within 90 days from the date of the conclusion of the hearing and [shall] give all parties written notice of his decision on or before [such] that date.

      (e) If the commissioner approves the application, he shall establish as conditions to be met [prior to] before the issuance of a charter requirements as to:

             (1) The minimum number of shares of permanent capital stock to be subscribed to the association’s permanent capital, of which at least 75 percent in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;

             (2) The minimum amount of paid-in surplus;

             (3) The minimum amount of investment certificates to be paid into the association’s savings accounts upon issuance of a charter to it; and

             (4) Such other requirements as he deems necessary or desirable.

Approval of an application for permission to organize an association [shall] does not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.

      (f) The charter [shall expire] expires 180 days [from] after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The commissioner may, for good cause, extend the time of [such] the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.

      5.  An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation.


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

ê1979 Statutes of Nevada, Page 1291 (Chapter 603, SB 394)ê

 

of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation. This insurance of accounts must be maintained at all times.

      6.  The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.

      7.  Every application for permission to organize, as provided for in this section, [shall] must be accompanied by a fee of $500, which [shall] must be paid into the state general fund and no part of it [shall] may be refunded.

      8.  The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.

      9.  Every permission to organize issued by the commissioner shall recite in bold type that [the issuance thereof] its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.

      10.  Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below $1 without written permission of the commissioner.

      11.  The removal of the home office or of any branch office of an association to any other location from its then-existing location requires prior approval of the commissioner. An application seeking [such] approval must be delivered to the commissioner, together with a fee to cover expenses attendant upon the investigation required for [such] the approval, which [shall] must be in an amount, not less than $100 nor more than $250, to be determined by the commissioner.

      12.  An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.

      Sec. 4.  NRS 673.221 is hereby amended to read as follows:

      673.221  1.  It is unlawful for an officer, director, employee or capital stockholder of an association:

      (a) To solicit, accept or agree to accept, directly or indirectly, from any person other than the association, any gratuity, compensation or other personal benefit for any action taken by the association or for endeavoring to procure any such action.

      (b) To have any interest, direct or indirect, in the purchase at less than its face value of any evidence of a savings account or other indebtedness issued by the association, excluding stock certificates and junior capital notes.

      2.  It is unlawful for any stockholder with more than 5 percent of the outstanding capital stock of an association, or any director or principal officer, to have any interest, direct or indirect, in the proceeds of a loan or of a purchase or sale made by the association, unless [such] the loan, purchase or sale is authorized expressly by this chapter or by a resolution of the board of directors of the association.


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

ê1979 Statutes of Nevada, Page 1292 (Chapter 603, SB 394)ê

 

the loan, purchase or sale is authorized expressly by this chapter or by a resolution of the board of directors of the association. [Such resolution shall] The resolution must be approved by a vote of at least two-thirds of all the directors of the association, and an interested director [shall take no] may not take part in the vote. The loan must also conform to federal regulations for the insurance of accounts.

      3.  Any violation of the provisions of this section is a misdemeanor.

      Sec. 5.  NRS 673.250 is hereby amended to read as follows:

      673.250  1.  No association may sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it so to do as provided in NRS 673.080.

      2.  Every [such license shall] license must recite in bold type that the issuance [thereof] of the license is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.

      3.  Before the sale of, or option to buy, any additional authorized but unissued permanent capital stock, the association [shall] must have the written approval of the commissioner. [No sale of additional permanent capital stock shall be approved for a price less than the book value of the permanent capital stock except with the approval of the commissioner.]

      4.  The commissioner may impose conditions requiring the impoundment of the proceeds from the sale of any stock, limiting the expense in connection with the sale and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the license.

      Sec. 6.  NRS 673.276 is hereby amended to read as follows:

      673.276  1.  An association may invest in:

      (a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.

      (b) Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.

      (c) Stock of a federal home-loan bank of which it is eligible to be a member.

      (d) Any obligations or consolidated obligations of any federal home-loan bank or banks.

      (e) Stock or obligations of the Federal Savings and Loan Insurance Corporation.

      (f) Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.

      (g) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.

      (h) Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such corporation or agency assists in furthering or facilitating the association’s purposes or powers.

      (i) Savings accounts of any insured state-licensed association and of any federal savings and loan association, but each investment in any other savings and loan association must be fully insured by the Federal Savings and Loan Insurance Corporation.


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

ê1979 Statutes of Nevada, Page 1293 (Chapter 603, SB 394)ê

 

any federal savings and loan association, but each investment in any other savings and loan association must be fully insured by the Federal Savings and Loan Insurance Corporation.

      (j) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.

      (k) Shares and other securities of a state development corporation organized under the provisions of chapter 670 of NRS.

      2.  An association may invest any portion of its money in loans secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one nonresidential loan may be made in excess of 2 percent of the total savings accounts of the association unless approved in writing by the commissioner.

      3.  An association may invest any of its money in a loan to finance a borrower’s interest in or to refinance his existing interest in a cooperative housing corporation if the loan is secured by:

      (a) A first security interest in stock or a certificate of membership in the cooperative housing corporation; and

      (b) An assignment of or lien on the borrower’s interest in the lease or other right of tenancy to a dwelling unit of the cooperative housing corporation.

A first security interest may exist notwithstanding any mortgage or deed of trust encumbering the property owned by the cooperative housing corporation if the stock or certificate of membership in the corporation and the borrower’s lease or other right of tenancy are not encumbered with a prior security interest. For purposes of this chapter, additional loans or advances on the same interest in a cooperative housing corporation, without intervening liens, shall be deemed to be first security interests. For purposes of this chapter, the interest in a cooperative housing corporation which is encumbered by a security interest shall be deemed to be real property and the security interest shall be deemed to be a mortgage on real property.

      4.  No association may create loans by investment in real property farther than 100 miles from its home office [,] or a full-service branch, unless it has the prior, written approval of the commissioner. [Such] The investment may include the subdivision and development of [such] real property principally for residential use. An association must not have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the written permission of the commissioner.

      Sec. 7.  NRS 673.327 is hereby amended to read as follows:

      673.327  An association may make loans secured by real property on the direct reduction plan:

      1.  On residential property, including a combination home and business property, repayable within 30 years, up to 80 percent of the value, or for a loan guaranteed or insured by a governmental agency, up to the maximum number of years and percentage of value acceptable to that agency;

 


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

ê1979 Statutes of Nevada, Page 1294 (Chapter 603, SB 394)ê

 

maximum number of years and percentage of value acceptable to that agency;

      2.  On other improved real property, up to 75 percent of the value if the loan is repayable within 25 years; and

      3.  On unimproved real property, up to [60] 70 percent of the [value if the loan is repayable within 6 years, or up to two-thirds of the value if the loan is repayable within 3 years,] lower of appraised value or purchase price:

      (a) Repayable on a monthly amortized basis within 15 years; or

      (b) With interest only payable semiannually for not more than 5 years and principal payable in a single payment or on an amortized basis over the remaining term of the loan,

but such loans [shall] must not at any time exceed [3] 5 percent of the total assets of the association.

      Sec. 8.  NRS 673.328 is hereby amended to read as follows:

      673.328  An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed 30 percent of the association’s assets:

      1.  Residential loans in excess of the greater of:

      (a) One-half of 1 percent of the association’s assets; or

      (b) Eighty thousand dollars, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding $80,000 to each home or combination of home and business property and residential property which is part of the security.

      2.  Loans on improved real property other than homes or combination homes and business property and residential property.

      3.  Loans on improved real property located outside the regular lending area of the association unless such loans are protected by insurance as provided in the National Housing Act, or the Servicemen’s Readjustment Act of 1944, as now or hereafter amended.

      4.  Noninstallment or straight mortgage loans, except construction loans.

      5.  Loans on one-family, owner-occupied homes, in an amount between 80 percent and 90 percent, inclusive, of the value, if:

      (a) Impounds are collected for taxes and insurance.

      (b) The association has made or obtained, prior to the approval of the loan, a written report on the credit standing of the borrower, showing the financial ability of the borrower to undertake and pay off the obligation involved in the loan.

      (c) The association has obtained, prior to approval of the loan, a certification in writing to the association stating:

             (1) The purpose for which the loan is sought and, if for the purpose of enabling the borrower to purchase the security property, the name of the vendor or vendors, and the purchase price;

             (2) That there will be no liens upon such property other than the lien of the association; and

             (3) That the borrower is actually occupying the property as a dwelling or that the borrower in good faith intends to do so.

      (d) That the loan does not exceed [$65,000,] $75,000, 90 percent of the value of the real property securing the loan or 90 percent of the purchase price of the property, whichever is the lowest.


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

ê1979 Statutes of Nevada, Page 1295 (Chapter 603, SB 394)ê

 

the value of the real property securing the loan or 90 percent of the purchase price of the property, whichever is the lowest.

      (e) If the loan is sought to finance the construction of a single-family dwelling, the amount of such loan as exceeds 80 percent of the appraised value [shall] must not be disbursed until construction has been fully completed.

      (f) Loans granted under this chapter will be repayable monthly within 30 years.

      (g) The record of each such loan [shall] must show the date and amount of the appraisal on which the loan was made and the date of approval of the loan by the board of directors or the loan committee.

      6.  Subsection 5 does not apply to:

      (a) Home loans in excess of 80 percent of value up to 95 percent of value if the excess over 80 percent is insured by a private insurer approved by the Federal Home Loan Mortgage Corporation, except that such insured loans in excess of 90 percent of value [shall] must not exceed [$50,000.] $60,000.

      (b) Home loans in excess of 80 percent of value if the excess over 80 percent is insured or guaranteed by an agency or instrumentality of the Federal Government or a state whose full faith and credit is pledged to the support of the insurance or guarantee.

      Sec. 9.  NRS 673.333 is hereby amended to read as follows:

      673.333  1.  The apportionment of earnings or payment of interest by declaration of the board of directors [shall] must be made semiannually on June 30 and December 31 of each year, or quarterly on [such] those dates, [plus] and on March 31 and September 30 of each year.

      2.  The percentage rate of the declaration [shall] must be determined by the board of directors as it deems expedient for the safety and security of all savings depositors, but if [such] the percentage rate is excessive, unjust or inequitable, it is subject to disapproval of, and reduction by the commissioner. However, the association may appeal any disapproval or reduction by the commissioner to the [board.] director.

      3.  No association may be required to pay or credit interest on accounts of $10 or less which show no entries of debit or credit for a period of 2 years, except for accumulated interest credits.

      4.  Except as otherwise provided in this chapter, interest [shall] must be declared on the participation value of each account at the beginning of the interest period, plus payments [thereon] on the account made during the interest period, less amounts withdrawn, which for interest purposes [shall] must be deducted from the latest previous payments [thereon,] on the account, computed at the rate for the time invested, determined as provided in this section.

      5.  The date of investment is the date of actual receipt by the association, except that the board of directors may fix a date, which [shall] may not be later than the 10th day of the month, for determining the date of investment on which interest is computed. A date later than the 10th may be set if it is permissible for federal associations. If permitted by federal regulations, as amended, the board of directors may permit investments to receive interest calculated from the date of actual receipt.

      6.  In addition to the classes of savings accounts provided for in this chapter, an association may, with the approval of its board of directors, authorize additional classes of savings accounts which will conform to those types or classes, which have been established by the Federal Home Loan Bank Board by regulation or which may be [hereafter] authorized by it.


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

ê1979 Statutes of Nevada, Page 1296 (Chapter 603, SB 394)ê

 

chapter, an association may, with the approval of its board of directors, authorize additional classes of savings accounts which will conform to those types or classes, which have been established by the Federal Home Loan Bank Board by regulation or which may be [hereafter] authorized by it.

      7.  Except when prescribed for all associations by federal regulation, any association which changes its method of calculating interest on its savings accounts so as to decrease the effective yield of that account shall notify each accountholder affected by the change by mail within 15 days before the proposed effective date of the change.

      Sec. 10.  NRS 673.430 is hereby amended to read as follows:

      673.430  1.  Each [such foreign or domestic association, company or corporation] association doing business in this state shall file annually with the commissioner on or before March 1, a sword statement in two sections.

      2.  One section of the annual report [shall] must contain, in such form and detail as the commissioner may prescribe, the following:

      (a) The amount of authorized capital by classes and the par value of each class of stock.

      (b) A statement of its assets [and liabilities at the close of its last fiscal year.

      (c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.

      (d) The total of its liability to savings depositors at the close of its last fiscal year.

      (e)], liabilities and capital accounts as of the immediately preceding December 31.

      (c) Any other facts which the commissioner may require.

      This section [of the annual report shall] must be furnished in duplicate, one certified copy [, duly certified as such,] to be returned, [to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published] for publication at least two times in [some] a newspaper having a general circulation in [the] each county in which the association maintains an office. Publication [shall] must be completed on or before May 1, and proof [thereof shall] of publication must be filed in the office of the commissioner.

      3.  One section of the annual report [shall] must contain such other information as the commissioner may require to be furnished. This section need not be published and [shall] must be treated as confidential by the commissioner.

      4.  Every association shall [be required to] pay to the commissioner for supervision and examination:

      (a) An annual fee of $200 for [each] its home office, and [an annual assessment on its total assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of total assets.] $100 for each branch office open as of the immediately preceding December 31.

      (b) An annual [fee of $100 for each branch office.] assessment computed as of the immediately preceding December 31 at the rate of 15 cents per $1,000 of total assets.


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

ê1979 Statutes of Nevada, Page 1297 (Chapter 603, SB 394)ê

 

      5.  The commissioner shall determine from the annual statement the amount due from each association and [shall] submit a bill to the association for the amount by March 15. A penalty of 10 percent of the fee payable [shall] must be charged for each month or part [thereof] of a month that the fees are not paid after April 15 of each year.

      6.  All sums so received by the commissioner [shall be forthwith] must be delivered to the state treasurer and paid into the state general fund.

      Sec. 11.  NRS 673.450 is hereby amended to read as follows:

      673.450  1.  The commissioner is authorized to conduct or cause to be conducted such hearings, investigations or examinations of the books and records, wherever they may be, relating to the affairs of such organizations as he may deem expedient and in aid of the proper administration of the provisions of this chapter.

      2.  In connection with the conduct of any [such] hearing, investigation or examination, the commissioner or other person designated by him to conduct [the same shall have power to:] it may:

      (a) Compel the attendance of any person by subpena.

      (b) Administer oaths.

      (c) Examine any person under oath concerning the business and conduct of affairs of any association subject to the provisions of this chapter, and [pursuant thereto to] require the production of any books, papers, records, [moneys] money and securities relevant to the inquiry. Any willful false swearing [shall be deemed] is perjury and [shall be] is punishable as such.

      3.  The commissioner shall conduct at least once every 2 years an examination of the books and records of each association licensed under this chapter.

      Sec. 12.  NRS 673.595 is hereby amended to read as follows:

      673.595  1.  Every foreign association which desires to do any business or maintain an office of the kind provided for in this chapter [shall] must apply to the commissioner for a license to transact [such] that business or maintain [such] that office in this state.

      2.  Every applicant for a license shall pay a fee of $250. The commissioner shall issue a license to an applicant if he is satisfied that the issuance of [such] the license is consistent with the purpose of this chapter. The commissioner may revoke any such license when he is satisfied that the licensed activity or any part of it is not consistent with the purposes of this chapter. Every licensed foreign association shall pay an annual fee of [$50.] $200.

      3.  At the time of making [such] an application, every foreign association shall provide written consent to whatever examination or investigation the commissioner may desire to make during the license period. The commissioner shall charge the foreign association $30 per hour for the time spent on the examination or investigation by state examiners.

      4.  The provisions of chapter 80 of NRS apply to all foreign associations licensed under the provisions of this section. For the purposes of this section, activities conducted by any foreign association, which are limited to any one or more of those enumerated in NRS 80.240, do not constitute doing business or require that [such] the association be licensed.


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ê1979 Statutes of Nevada, Page 1298 (Chapter 603, SB 394)ê

 

constitute doing business or require that [such] the association be licensed.

      Sec. 13.  Sections 2 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 604, SB 408

Senate Bill No. 408–Senator Jacobsen

CHAPTER 604

AN ACT to amend an act entitled “An Act relating to the Marlette Lake water system; authorizing the state board of examiners to issue and sell state securities in not to exceed the principal amount of $5,000,000, for the purpose of acquiring with the proceeds thereof certain facilities for and improvements to the Marlette Lake water system; prescribing other details and conditions concerning such securities; prescribing powers, duties and responsibilities of the state board of examiners and the state public works board; otherwise concerning such securities and properties by reference to the State Securities Law; authorizing the execution of a contract between the State of Nevada and Carson City for supplying water to Carson City from the Marlette Lake water system; making an appropriation; and providing other matters properly relating thereto,” approved May 23, 1975.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Section 5 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at page 1370, is hereby amended to read as follows:

 

       Sec. 5.  The legislature finds and declares that:

       1.  A severe and critical shortage of water is imminent in the Carson City area which vitally affects the health and welfare of all of the residents of such area.

       2.  The state owns 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 County, Nevada.

       3.  The state is obligated by contract to provide the Virginia City Water Company or its successor with water from the Marlette Lake water system not in excess of [300,000] 500,000 gallons per day and the Lakeview Water Company or its successor with water from such water system not in excess of 50,000 gallons per day, and to provide minor amounts to others.

       4.  Pursuant to the requirements of subsection 5 of NRS 331.160, the director of the department of administration has caused to be developed an engineering study prepared by Water Resources Consulting Engineers and Montgomery Engineers of Nevada, intended to suggest alternative methods of alleviating the existing water shortage by improvement and modernization of the Marlette Lake water system, and the state has selected that alternative which primarily involves improvement and utilization of the Hobart Creek reservoir.


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ê1979 Statutes of Nevada, Page 1299 (Chapter 604, SB 408)ê

 

primarily involves improvement and utilization of the Hobart Creek reservoir.

       5.  The state is responsible for maintaining Marlette Lake as an efficient trout brood stock and spawn taking facility.

       6.  Bonds issued by the state pursuant to this act shall constitute a debt which is not subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of the State of Nevada, as from time to time amended, and may mature within not exceeding 50 years from their date.

       7.  The execution of a contract between the state and Carson City for the supplying of water to Carson City from the Marlette Lake water system is necessary and will be beneficial to both parties.

 

      Sec. 2.  Section 7 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at page 1371, is hereby amended to read as follows:

 

       Sec. 7.  After receipt of a resolution from the state public works board certifying the need for moneys with which to acquire the project, the commission, on the behalf and in the name of the state, may:

       1.  Acquire the facilities.

       2.  Borrow money and otherwise become obligated in a total principal amount [of not exceeding $5,000,000] not to exceed $7,500,000 to defray wholly or in part the cost of acquiring the facilities, and issue state securities to evidence such obligations.

 

      Sec. 3.  Section 8 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at page 1371, is hereby amended to read as follows:

 

       Sec. 8.  1.  Subject to the limitations as to the maximum principal amount in section 6 of this act, the commission may issue to defray the cost of the project, or any part thereof, at any time or from time to time after the adoption of this act, but not [after 5 years from the effective date thereof,] later than July 1, 1984, as the commission may determine, the following types of state securities in accordance with the provisions of the State Securities Law:

       (a) General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues;

       (b) Revenue bonds and other securities constituting special obligations and payable from net pledged revenues; or

       (c) Any combination of such securities.

       2.  The cost of the project shall include in addition to the items specified in NRS 349.168 not to exceed [the sum of $45,000] $60,000 for the preparation, before construction is undertaken, of an environmental assessment under the direction of the state public works board to determine the manner of carrying out the Hobart alternative with the least practicable environmental damage, and not to exceed [$6,500] $40,000 for the employment and retention of financial consultants and attorneys at law. If necessary for its timely preparation, the state public works board or the department of general services, or both, may advance all or part of the cost of preparation of the environmental assessment from any moneys lawfully available to either agency, and any moneys so advanced shall be repaid to the general fund from the proceeds of the bond issue and credited to the account from which advanced.


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

ê1979 Statutes of Nevada, Page 1300 (Chapter 604, SB 408)ê

 

timely preparation, the state public works board or the department of general services, or both, may advance all or part of the cost of preparation of the environmental assessment from any moneys lawfully available to either agency, and any moneys so advanced shall be repaid to the general fund from the proceeds of the bond issue and credited to the account from which advanced. The state department of conservation and natural resources shall on or before January 1, 1977, prepare a watershed management plan for the Marlette Lake system, with particular emphasis on the portion affected by the Hobart alternative.

       3.  [Nothing in this act shall be construed as preventing] This act does not prevent the commission from funding, refunding or reissuing any outstanding state securities issued by the commission at any time as provided in the State Securities Law.

       4.  Subject to existing contractual obligations, the net revenues pledged, if any, for the payment of state securities by the commission may be derived from the operation of all or any part of the income-producing facilities under the jurisdiction of the state, including without limitation the facilities acquired by the project.

 

      Sec. 4.  Section 9 of the above-entitled act, being chapter 681, Statutes of Nevada 1975, at page 1372, is hereby amended to read as follows:

 

       Sec. 9.  1.  After consultation with the Marlette Lake water system advisory committee and with the prior approval of the governor [,] and the interim finance committee, the director of the department of general services is authorized to execute a contract on behalf of the state with Carson City, a consolidated municipality created by and existing pursuant to the provisions of chapter 213, Statutes of Nevada 1969, to carry out the selected Hobart alternative plan to develop additional water from the Marlette Lake water system and to make such additional water available to Carson City. Notwithstanding the provisions of chapter 213, Statutes of Nevada 1969, as amended, or any other statute, the mayor and the board of supervisors of Carson City are authorized to execute such a contract on behalf of Carson City, the term of which may not exceed 55 years.

       2.  The contract [shall include a provision requiring] must include provisions:

       (a) Requiring Carson City to pay for a specified amount of water available for delivery each year, whether or not this amount of water is actually used [.] ; and

       (b) Granting to Carson City the right to renew its contract to purchase the same or a lesser amount of water each year than is specified in the original contract, at the same price and upon the same terms as are offered by the other prospective purchaser, before the water made available to Carson City under the original contract is made available to any other purchaser. This right is extinguished by any substantial default on the part of Carson City in the performance of any of its obligations under the contract.

       3.  The following matters shall also be considered in formulating the contract:


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

ê1979 Statutes of Nevada, Page 1301 (Chapter 604, SB 408)ê

 

       (a) Recognition of the existing contract obligations of the state concerning water from this source.

       (b) Mutual releases because of impossibility of performance.

       (c) Description of the improvements constituting the Hobart alternative.

       (d) Reimbursement by Carson City to the state for these improvements.

       (e) Criteria for the operation and maintenance of the Marlette Lake water system after the improvements are made, the respective responsibilities of the parties, and the allocation and payment of attendant costs.

       (f) Sale or transfer to Carson City by the state of the state’s storage and treatment facilities in Ash Canyon, the transmission facilities from such storage reservoirs into Carson City, and the water distribution system within Carson City.

       (g) Criteria for the operation and maintenance of the facilities and water system described in paragraph (f) by Carson City and assurances by Carson City that all state-owned facilities within the vicinity of the Carson City water system will be supplied with water.

       (h) The method of measuring amounts of water sold and delivered to Carson City.

       (i) The term of the contract.

       (j) Water rates to be charged the state by Carson City for water supplied to state properties.

       (k) Quality of the water sold and delivered.

       (1) Future renegotiation of the contract.

       4.  Subsection 3 does not require that every matter enumerated be included or mentioned in the final contract. The intention of the legislature is that the director of the department of general services, with the approval of the governor [,] and the interim finance committee, may execute a contract containing equitable provisions mutually beneficial to the parties to achieve the purposes stated in this act.

 

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

 

________

 

 

CHAPTER 605, SB 412

Senate Bill No. 412–Committee on Human Resources and Facilities

CHAPTER 605

AN ACT relating to private education; providing for the exemption of certain educational seminars from the licensing requirements of the Postsecondary Educational Authorization Act; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 394.371 is hereby amended to read as follows:

      394.371  1.  The following kinds of education and institutions are exempted from the provisions of the Postsecondary Educational Authorization Act:

 


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

ê1979 Statutes of Nevada, Page 1302 (Chapter 605, SB 412)ê

 

exempted from the provisions of the Postsecondary Educational Authorization Act:

      [1.](a) Institutions exclusively offering instruction at any level from preschool through the twelfth grade.

      [2.](b) Educational sponsored by a bona fide trade, business, professional or fraternal organization, so recognized by the commission solely for the organization’s membership, or offered on a no-fee basis.

      [3.](c) Education solely avocational or recreational in nature, as determined by the commission, and institutions offering such education exclusively.

      [4.](d) Education offered by eleemosynary institutions, organizations or agencies, so recognized by the commission, if such education is not advertised or promoted as leading toward educational credentials.

      [5.](e) Postsecondary educational institutions established, operated and governed by this state or its political subdivisions.

      [6.](f) Schools licensed under other provisions of Nevada law.

      [7.](g) Flying schools certificated by the Federal Aviation Administration.

      2.  An educational seminar is not exempt from the provisions of the Postsecondary Educational Authorization Act if:

      (a) It offers continuing education units or other types of instruction for which the units earned are recognized as college credits and lead toward an academic degree; or

      (b) Its advertising represents that the instruction or training will prepare persons at the entry level for any field or occupation.

The commission shall adopt regulations relating to the criteria for exemption set forth in this subsection and may prescribe conditions and procedures for the granting of exceptions.

 

________

 

 

CHAPTER 606, SB 433

Senate Bill No. 433–Senators Kosinski, Don Ashworth, Echols, Faiss, Gibson, Glaser, Hernstadt, Jacobsen, Lamb, Neal, Raggio, Sloan and Wilson

CHAPTER 606

AN ACT relating to motor vehicles; enlarging the class of disabled veterans which is exempt from the vehicle privilege tax; reducing the registration fee on certain vehicles owned by certain disabled veterans; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 371.104 is hereby amended to read as follows:

      371.104  1.  [Vehicles to the extent of $10,000 determined valuation registered to any actual bona fide resident of the State of Nevada who has incurred a service-connected disability of the kind described in 38 U.S.C. § 801 as effective on the date when the exemption is claimed, and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States are exempt from taxation.]


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

ê1979 Statutes of Nevada, Page 1303 (Chapter 606, SB 433)ê

 

or certificate of satisfactory service from the Armed Forces of the United States are exempt from taxation.] An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States is entitled to a veteran’s exemption from the payment of vehicle privilege taxes on vehicles of the following determined valuations:

      (a) If he has a disability of 100 percent, the first $10,000 of determined valuation;

      (b) If he has a disability of 80 to 99 percent, inclusive, the first $7,500 of determined valuation; or

      (c) If he has a disability of 60 to 79 percent, inclusive, the first $5,000 of determined valuation.

      2.  For the purpose of this section, the first $10,000 determined valuation of vehicles in which such person has any interest shall be deemed to belong entirely to that person.

      3.  A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state.

      4.  Before allowing any exemption pursuant to the provisions of this section, the department shall require proof of status of the applicant, and for that purpose shall require production of:

      (a) A certificate from the Veterans’ Administration that the applicant has [received or is eligible to receive a grant pursuant to 38 U.S.C. ch. 21;] incurred a permanent service-connected disability, which shows the percentage of that disability; and

      (b) Any one of the following:

             (1) An honorable discharge;

             (2) A certificate of satisfactory service; or

             (3) A certified copy of either of these documents.

      5.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.

      6.  If any person makes a false affidavit or produces false proof to the department, and as a result of such false affidavit or false proof, a tax exemption is allowed to a person not entitled to such exemption, such person is guilty of a gross misdemeanor.

      Sec. 2.  NRS 482.377 is hereby amended to read as follows:

      482.377  1.  A veteran of the Armed Forces of the United States who, as a result of his service, has suffered a 100-percent service-connected disability and who receives compensation from the United States for his disability may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of one ton or less, for his own personal use.

      2.  The department shall issue a specially designed license plate for persons qualified under this section who submit an application on a form prescribed by the department [, together with an application fee of $1] and evidence of disability required by the department. The plates [shall] must be inscribed with the words DISABLED VETERAN and three or four consecutive numbers.

      3.  A vehicle on which license plates issued by the department under the provisions of this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the state or any political subdivision or other public body within the state, other than the United States.


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

ê1979 Statutes of Nevada, Page 1304 (Chapter 606, SB 433)ê

 

the provisions of this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the state or any political subdivision or other public body within the state, other than the United States.

      4.  If during a registration year, the holder of a special plate issued under the provisions of this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      5.  If the special plates provided for under this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.

 

________

 

 

CHAPTER 607, SB 444

Senate Bill No. 444–Committee on Government Affairs

CHAPTER 607

AN ACT relating to elections; requiring that the results of certain elections indicate the number of votes each candidate received in each precinct; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 293.370 is hereby amended to read as follows:

      293.370  1.  When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of [every person voted for the office for which such person received such votes, and] each candidate the number of votes he received. The number [shall] must be expressed in words and figures. The vote for and against any question submitted to the electors [shall] must be entered in the same manner.

      2.  The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:

      (a) A primary election held in an even-numbered year, other than a presidential preference primary; or

      (b) A general election.

      Sec. 2.  NRS 293B.130 is hereby amended to read as follows:

      293B.130  [Prior to] Before any election where a punchcard voting system is to be used, the clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. [Such program shall] The program must cause the computer or counting device to operate in the following manner:


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

ê1979 Statutes of Nevada, Page 1305 (Chapter 607, SB 444)ê

 

      1.  All lawful votes cast by each voter [shall] must be counted.

      2.  All unlawful votes, including but not limited to overvotes or, in a primary election, votes cast for a candidate of a political party other than the party, if any, of the voter’s registration, [shall] must not be counted.

      3.  [Total votes shall be accumulated.] If the election is:

      (a) A primary election held in an even-numbered year, other than a presidential preference primary; or

      (b) A general election,

the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.

      4.  The computer or counting device [shall] must halt or indicate by appropriate signal if a ballot card is encountered which lacks a code identifying the precinct in which the ballot was voted and, in a primary election, identifying the political party of the voter.

      Sec. 3.  NRS 293B.380 is hereby amended to read as follows:

      293B.380  1.  The ballot processing and packaging board shall be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.

      2.  The board shall:

      (a) Permit only those persons authorized by the county clerk to gain access to the computer center counting area during the period when ballots are being processed.

      (b) Receive ballot cards and maintain groupings of all ballot cards by precinct.

      (c) Before each counting of ballot cards (or computer run) begins, validate the test material with the ballot counting program.

      (d) Maintain a log showing the sequence in which ballot cards of each precinct are processed, as a control measure to insure that the ballot cards of all precincts are processed.

      (e) After each counting of the ballot cards, again verify the test material with the ballot counting program to substantiate that there has been no substitution or irregularity.

      (f) Record an explanation of any irregularity that occurs in the processing.

      (g) If the election is:

             (1) A primary election held in an even-numbered year, other than a presidential preference primary; or

             (2) A general election,

ensure that a list is compiled indicating the total votes, other than absentee votes and votes in a mailing precinct, which each candidate accumulated in each precinct.

      (h) Collect all returns, programs, test materials, ballot cards and other election items at the computer center and package and deliver the items to the county clerk for sealing and storage.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1306ê

 

CHAPTER 608, SB 447

Senate Bill No. 447–Senator Jacobsen

CHAPTER 608

AN ACT relating to dairy products and substitutes; providing for allocation of certain interest to the dairy commission fund to retain interest; prohibiting the sale of a substitute dairy product below cost; providing that certain price lists must show minimum prices; increasing a license application fee; providing credit for certain assessments against other assessments; increasing the time records must be retained; preserving the state dairy commission and its authority until 1983; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 356.087 is hereby amended to read as follows:

      356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.

      2.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of total deposits of state money pursuant to the provisions of this chapter which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;

      (b) Apply such proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

      (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).

      3.  The proportionate shares of the interest earned and received by:

      (a) The dairy commission fund;

      (b) The legislators’ retirement fund;

      [(b)](c) The public employees’ retirement fund;

      [(c)](d) The state permanent school fund;

      [(d)](e) The silicosis and disabled pension fund;

      [(e)](f) The wildlife account; and

      [(f)](g) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible,

must be accounted for as income and an asset of such fund.

      Sec. 2.  Chapter 584 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A distributor shall not sell a substitute dairy product below its cost to him.

      2.  A distributor who sells or distributes a substitute dairy product shall file with the commission a statement of the cost of the substitute dairy product to him. The statement must be supplemented periodically as required by regulations adopted by the state dairy commission.


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

ê1979 Statutes of Nevada, Page 1307 (Chapter 608, SB 447)ê

 

as required by regulations adopted by the state dairy commission. The commission shall keep all statements confidential except when used in a judicial proceeding or an administrative proceeding relating to the provisions of this chapter.

      Sec. 3.  NRS 584.176 is hereby amended to read as follows:

      584.176  As used in NRS 584.177 to 584.179, inclusive, [“substitute] and section 2 of this act:

      1.  “Distributor” has the meaning ascribed to it in NRS 584.345.

      2.  “Substitute dairy product” means any substance, mixture or compound intended for human consumption as a food product other than milk or dairy products which are intended to resemble milk or dairy products, but contain fat or oil other than milk fat.

      Sec. 4.  NRS 584.345 is hereby amended to read as follows:

      584.345  1.  “Distributor” means any person, whether or not [such] the person is a producer or an association of producers, who purchases or handles fluid milk, fluid cream or any other dairy product for sale, including brokers, agents, copartnerships, cooperative corporations, and incorporated and unincorporated associations.

      2.  The definition of “distributor” [shall] does not include any of the following:

      (a) Any retail store that is not engaged in processing and packaging fluid milk or fluid cream [and] or does not purchase, transport into the state, or otherwise receive for resale, fluid milk, fluid cream or any other dairy product from sources outside [the State of Nevada.] this state.

      (b) Any establishment, where fluid milk or fluid cream is sold only for consumption or the premises, that is not engaged in processing and packaging fluid milk or fluid cream.

      (c) Any person owned or controlled by one or more retail stores or owned or controlled by one or more establishments where fluid milk or fluid cream is sold for consumption on the premises, which person is not actively and directly engaged in the processing and packaging of fluid milk or fluid cream.

      (d) Any producer who delivers fluid milk or fluid cream only to a distributor.

      Sec. 5.  NRS 584.520 is hereby amended to read as follows:

      584.520  1.  In addition to procedures provided for in subsections 3 and 4, the commission may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in NRS 584.550 to 584.565, inclusive, if it finds that [such] the plan is no longer in conformity with the standards prescribed in, or will not tend to effectuate the purposes of, NRS 584.325 to 584.690, inclusive.

      2.  [Such] The hearing may be held upon the motion of the commission and [shall] must be held if a proper petition is filed. The commission shall hold the hearing in the marketing area to which the plan applies.

      3.  If producers wish to abandon an existing stabilization and marketing plan and establish a Federal Milk Marketing Order or other similar type of milk marketing order, the commission may continue a marketing and stabilization plan in effect for any given area, insofar as wholesale and retail provisions are concerned, whenever it appears that 55 percent of the distributors in any given area, whose major interest in the fluid milk and fluid cream business consists of at least 55 percent of the fluid milk and fluid cream distributed within the area by volume, desire that the wholesale and retail provisions, including price regulations, be continued.


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

ê1979 Statutes of Nevada, Page 1308 (Chapter 608, SB 447)ê

 

55 percent of the distributors in any given area, whose major interest in the fluid milk and fluid cream business consists of at least 55 percent of the fluid milk and fluid cream distributed within the area by volume, desire that the wholesale and retail provisions, including price regulations, be continued.

      4.  Areas which are nonproducing may terminate a stabilization and marketing plan which affects wholesale and retail prices if 55 percent of the licensed distributors delivering 55 percent of the products to [such] that area wish to terminate [such] the plan after notice and public hearing as prescribed in NRS 584.550 to 584.565, inclusive.

      Sec. 6.  NRS 584.522 is hereby amended to read as follows:

      584.522  1.  An amendment or termination of a stabilization and marketing plan may be initiated by filing a petition with the commission. The petition, filed in [ten] four copies, [shall] must include:

      (a) The name and address of every person joining in the petition. If the petitioner is a cooperative association of producers, a partnership or corporation the names of the [duly] authorized representative or representatives thereof shall be listed.

      (b) A concise statement of the specific relief requested.

      (c) A specific statement of the reasons why such relief is needed.

      (d) A statement of the substantiating evidence.

      2.  The petition [shall] must be signed by the petitioners and an affidavit [shall] must accompany each [such] petition [setting forth] stating that the facts [set forth] therein are true and correct to the best of the petitioners’ knowledge, information, and belief.

      3.  There [shall] must be attached as an exhibit to the original copy only of each petition filed substantiating evidence in support of [such] the petition. Additional information [shall] must be supplied to the commission upon request.

      4.  Any person may, before the hearing, examine a copy of the petition and accompanying statements, but not the exhibits attached thereto and file an answer, protest or any other statement concerning the petition.

      5.  At the hearing, the burden of proof is on the petitioners to show by clear and satisfactory evidence that the amendment or termination of a plan is necessary.

      6.  After the petitioners have presented their evidence, the commission staff shall, and any other person may, present evidence in support of or in protest of the proposed action.

      Sec. 7.  NRS 584.565 is hereby amended to read as follows:

      584.565  1.  If the commission finds that a stabilization and marketing plan is necessary to accomplish the purposes of NRS 584.325 to 584.690, inclusive, it shall formulate a stabilization and marketing plan for fluid milk or fluid cream or both for such area and issue a notice of public hearing upon the plan formulated to all producers and distributors of record with the commission who may be subject to the provisions of [such] the plan.

      2.  The notice of hearing may be effected by mail or by publication for 5 successive days in a newspaper of general circulation in the area designated and [shall] must specify the time and the place of [such] the hearing, which [shall] must not be held [prior to] before 10 days from the mailing or from the final publication of [such] the notice; but if no daily newspaper of general circulation is published in the area designated, publication of notice for 2 successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice.


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

ê1979 Statutes of Nevada, Page 1309 (Chapter 608, SB 447)ê

 

mailing or from the final publication of [such] the notice; but if no daily newspaper of general circulation is published in the area designated, publication of notice for 2 successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice.

      3.  At the hearing, which must be held in the area to which the plan applies, interested persons shall be heard and records kept of the [proceedings of such] hearing for determination by the commission whether the plan proposed will accomplish the purposes of NRS 584.325 to 584.690, inclusive.

      4.  If, after public hearing, the commission determines that the proposed plan will tend to accomplish the purposes of NRS 584.325 to 584.690, inclusive, within the standards herein prescribed, is shall issue an order to all producers and distributors of record with the commission and subject to the provisions of [such] the plan, declaring [such] the plan in effect within 30 days from the date of [such] the hearing.

      Sec. 8.  NRS 584.568 is hereby amended to read as follows:

      584.568  1.  Each stabilization and marketing plan may contain provisions fixing the price of which fluid milk and fluid cream is sold by producers, distributors and retailers and [shall] must contain provisions regulating all discounts allowed by producers, distributors and retailers.

      2.  If the commission establishes minimum prices to be paid by distributors to producers the commission shall consider, but not be limited to, the following factors:

      (a) Cost of production.

      (b) Reasonable return upon capital investment.

      (c) Producer transportation costs.

      (d) Cost of compliance with health regulations.

      (e) Current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for such fluid milk and fluid cream.

      3.  If the commission establishes minimum prices to be paid by retailers to wholesalers and by consumers to retailers the commission shall consider, but not be limited to, the following factors:

      (a) The quantities of fluid milk or fluid cream, or both, distributed in the marketing area covered by the stabilization and marketing plan.

      (b) The quantities of fluid milk or fluid cream, or both, normally required by consumers in such marketing area.

      (c) The cost of fluid milk [or] and fluid cream [, or both,] to distributors and retail stores, which [in all cases shall be, respectively, the prices] is the price paid by distributors to producers and the [minimum wholesale prices,] price paid by wholesale customers to distributors, as established pursuant to NRS 584.325 to 584.690, inclusive.

      (d) The reasonable cost of handling fluid milk [or] and fluid cream [, or both,] incurred by distributors and retail stores, respectively, including all costs of hauling, processing, selling and delivering by the several methods used in such marketing area in [accomplishing such] hauling, processing, selling and delivering, as such costs are determined by impartial audits of the books and records, or surveys, or both, of all or such portion of the distributors and retail stores, respectively, of each type or class in such marketing area as are reasonably determined by the commission to be sufficiently representative to indicate the costs of all distributors and retail stores, respectively, in [such] the marketing area.


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

ê1979 Statutes of Nevada, Page 1310 (Chapter 608, SB 447)ê

 

commission to be sufficiently representative to indicate the costs of all distributors and retail stores, respectively, in [such] the marketing area.

      Sec. 9.  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] must 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, substitute dairy products as defined in NRS 584.176, services or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid 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, dairy products, or substitute dairy products as defined in NRS 584.176, 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] the 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. The contract [shall] must also state the date and method of payment for [such] the fluid milk, which [shall] must be that payment [shall] must 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 other provisions which are not in conflict with NRS 584.325 to 584.690, inclusive. The contract [shall] must also provide that the producer is not obligated to deliver in any calendar month fluid milk which is to be paid for at the [minimum price for fluid milk which is used by distributors in the manufacture of butter and cheese other than cottage cheese.] lowest class price for milk usage established by the commission for that area. A signed copy of [such contract shall] the contract must 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. 10.  NRS 584.575 is hereby amended to read as follows:

      584.575  Each stabilization and marketing plan may contain provisions whereby distributors shall report to each producer from whom fluid milk is secured, the volume of fluid milk received from such producer in pounds of milk, [and] the milk fat test of [such] the milk, and [the amount] both the number of pounds of fluid milk [in] and the number of milk fat pounds paid for in the several classes and the prices paid for the various classes for each month.


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

ê1979 Statutes of Nevada, Page 1311 (Chapter 608, SB 447)ê

 

milk fat pounds paid for in the several classes and the prices paid for the various classes for each month.

      Sec. 11.  NRS 584.583 is hereby amended to read as follows:

      584.583  1.  No distributor or retailer may sell fluid milk, fluid cream, butter or fresh dairy byproducts below cost. “Fresh dairy byproducts” includes but is not limited to the following items: buttermilk, skim milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage cheese; and does not necessarily define the class of fluid milk or fluid cream which is used to make such products.

      2.  In determining cost in the case of a distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts, the following factors are included, but cost is not necessarily limited to such factors:

      (a) Cost of raw products based on actual cost or on current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for [such] fluid milk and fluid cream.

      (b) Cost of production.

      (c) Reasonable return upon capital investment.

      (d) Producer transportation costs.

      (e) Cost of compliance with health regulations.

      (f) Overhead [cost of handling based on a percentage of overall plant and sales operating cost.] costs as determined according to generally accepted accounting principles.

      3.  In determining cost in the case of a peddler-distributor or retailer, the following factors are included, but cost is not necessarily limited to such factors:

      (a) Purchase price of product.

      (b) Overhead cost for handling.

      (c) Reasonable return upon capital investment.

      4.  Each distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts shall file with the commission a statement of costs, listing separately the items set forth in subsection 2 of this section and any other applicable cost factors. [Such] The statements shall be kept current by supplement under regulations promulgated by the commission. All [such] statements [shall] must be kept confidential by the commission except when used in judicial proceedings or administrative proceedings under NRS 584.325 to 584.690, inclusive.

      5.  Each distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts and each peddler-distributor shall file with the commission [a list] lists of wholesale [,] prices and of minimum retail [and] , distributor [or] and dock prices. No [such] distributor [shall] may sell at wholesale prices other than, or at retail, distributor or dock prices less than, those contained in [such] the appropriate list, except in the case of bids to departments or agencies of federal, state and local governments; but in no case [shall] may the distributor sell below cost as provided in this section. Prices [shall] must not become effective until the seventh day after filing, but any other distributor may meet [such] the price so filed if [such the distributor] he files with the commission a schedule of prices in the manner required by NRS 584.584.


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

ê1979 Statutes of Nevada, Page 1312 (Chapter 608, SB 447)ê

 

      Sec. 12.  NRS 584.590 is hereby amended to read as follows:

      584.590  1.  In investigating prices in any marketing area the commission may first make an investigation in [such] the marketing area to establish [such] facts [as shall be] necessary to permit it to carry out the intent of NRS 584.585 and this section within the standards prescribed in this section. In making [such] the investigation, the commission may, upon notice, examine the books and records of distributors and the purchase of dairy products by retail stores in [such] the marketing area and may hold one or more public hearings, take testimony and may subpena witnesses. Any public hearing must be held in the marketing area. All testimony received at [such] public hearings [shall] must be under oath.

      2.  Notice of any hearing held by the commission pursuant to NRS 584.585 and this section [shall] must be given by the commission to every distributor and retail store in [such] the marketing area whose name appears upon the records of the commission or who files a request for the same with the commission, by mail or by publication. The notice of hearing may be effected by mail, or by publication for 5 successive days in a newspaper of general circulation in the area designated, and [shall] must specify the time and place of [such] the hearing, which [shall] must not be held [prior to] before 10 days from the mailing or from the final publication of [such] the notice; but if no daily newspaper of general circulation is published in the area designated, publication of notice for 2 successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice.

      3.  A record of any hearings held by the commission pursuant to NRS 584.585 and this section [shall] must be made and filed in the office of the commission and [shall] must be kept available at all times for inspection by any interested person.

      Sec. 13.  NRS 584.595 is hereby amended to read as follows:

      584.595  1.  No distributor may deal in fluid milk, fluid cream or any other dairy product without first having obtained a license from the commission.

      2.  The special licenses provided in this section are in addition to any and all licenses otherwise required by any law or ordinance of any county or municipality of this state or any law of this state.

      3.  Application for the licenses herein provided [shall] must be made on forms prescribed by the commission, [shall] must be accompanied by an application fee of [$3 and shall] $10 and must state the name and address of the applicant and such details as to the nature of the applicant’s business as the commission may require. [Such] The applicant shall satisfy the commission:

      (a) Of the applicant’s good faith, character and responsibility in seeking to carry on the business stated in the application.

      (b) That the applicant has complied with all laws of [the State of Nevada] this state and regulations promulgated thereunder, regardless of whether the applicant is a local or out-of-state distributor.

      4.  Licenses [shall] must be issued for a period of 12 months from the 1st day of each year or for the remainder of the calendar year from the date of issuance.


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

ê1979 Statutes of Nevada, Page 1313 (Chapter 608, SB 447)ê

 

      5.  Application for renewal of a license for the following year by a licensee, [together with] accompanied by the application fee of [$3, shall be made prior to] $10, must be submitted to the commission before the expiration date of the license held, and if not so made, the applicant shall pay an additional sum equal to [100 percent of] the application fee before [such license shall] the license may be issued.

      Sec. 14.  NRS 584.630 is hereby amended to read as follows:

      584.630  1.  Distributors who are subject to any stabilization and marketing plan as established by the commission shall pay to the commission on all [milk fat contained in] fluid milk [,] and fluid cream [or both,] which is purchased from producers [, including] or is their own production, [if any,] a fee [in cents per pound of milk fat] equal to that required to be deducted from payments due producers of fluid milk under NRS 584.635.

      2.  [Such] The assessed fees received by the commission shall be used in the administration and enforcement of NRS 584.325 to 584.690, inclusive.

      3.  Distributors who import dairy products into [the State of Nevada that contain milk fat, which products or the milk fat content thereof] this state which have not been subject to assessment by the [State of Nevada,] state, shall be assessed at the same rate on the content of milk fat contained in such products as Nevada distributors are assessed on fluid milk [or] and fluid cream which go into the manufacture of such type products.

      Sec. 15.  NRS 584.633 is hereby amended to read as follows:

      584.633  1.  The commission shall assess each distributor of butter [the] a sum not exceeding [of] 1 cent per pound on all butter distributed by [such] the distributor.

      2.  [The] Except as otherwise provided in subsection 3, the commission shall assess all distributors of fresh dairy byproducts [the sum of] a sum not exceeding 4 cents per gallon on all ice cream, sherbet, or ice cream or ice milk mixes, and [the sum of] a sum not exceeding one-half cent per pound on all cottage cheese and yogurt distributed by [such] the distributors.

      3.  In determining the amount to be assessed a distributor under subsection 2, the commission shall credit the distributor with any amount which, pursuant to NRS 584.630, was assessed and paid upon fluid milk and fluid cream which was then used in manufacturing the fresh dairy byproduct.

      4.  Assessments under this section [shall] must be paid to the commission on or before the 15th of the month following the month during which the butter or fresh dairy byproducts were distributed. Late payments are subject to the same penalty as that provided by subsection 4 of NRS 584.635.

      5.  The commission may fix the rate of assessment for subsections 1 and 2 at any rate which does not exceed the rate specified in those subsections which, when combined with the fees derived by the commission pursuant to NRS 584.630 and 584.635, is sufficient to defray the costs of administering the provisions of NRS 584.176 to 584.179, inclusive, and 584.325 to 584.690, inclusive.


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

ê1979 Statutes of Nevada, Page 1314 (Chapter 608, SB 447)ê

 

      Sec. 16.  NRS 584.635 is hereby amended to read as follows:

      584.635  1.  Distributors who are subject to the provisions of any stabilization and marketing plan made effective by NRS 584.325 to 584.690, inclusive, including distributors who import fluid milk or fluid cream from outside the state, whether such items are finished products or in bulk, shall deduct as an assessment from payments due their sellers, whether such sellers are producers or distributors, and whether within or without the state, for fluid milk, fluid cream or both, including each distributor’s own production, the sum of one-half cent per pound milk fat on all milk fat contained in fluid milk, fluid cream or both, or in the case of distributors who do not purchase or receive fluid milk, in milk fat pounds, the sum of 1 1/2 cents for each 10 gallons of fluid milk sold. Such assessment rates are maximum rates.

      2.  The commission may fix the rate of such assessment at a less amount, and may adjust the rate from time to time, whenever it finds that the cost of administering the provisions of NRS 584.325 to 584.690, inclusive, can be defrayed from revenues derived from such lower rates in combination with such sums as are provided by NRS 584.630.

      3.  The amount of the assessment so deducted shall be paid to the commission on or before the 15th of the month following the month during which such fluid milk or fluid cream was received.

      4.  If payments of assessments are not made on or before the 15th day of each month following the month during which the fluid milk or fluid cream was received or following the date upon which any other assessment falls due, the commission shall charge, as a penalty for [such] the late payment, the amount of $10 or 1 percent per month of the total amount due and owing, but remaining unpaid [.] , whichever is greater.

      Sec. 17.  NRS 584.650 is hereby amended to read as follows:

      584.650  Every distributor who purchases fluid milk or fluid cream from a producer and every producer cooperative organization which handles milk for its members or other producers shall make and keep for [1 year] 3 years a correct record showing in detail the following information for each producer with reference to the handling, sale or storage of [such] the fluid milk or fluid cream:

      1.  The name and address of the producer.

      2.  The date the fluid milk or fluid cream was received.

      3.  The amount of fluid milk or fluid cream received.

      4.  The official butterfat test of the fluid milk or fluid cream. [if purchased on a butterfat basis.]

      5.  The usage of the fluid milk or fluid cream.

      6.  Evidence of payment for the fluid milk or fluid cream purchased or handled.

      Sec. 18.  NRS 584.670 is hereby amended to read as follows:

      584.670  1.  The violation of any provision of NRS 584.325 to 584.690, inclusive, or of any stabilization and marketing plan, including any price requirements of such plan, or of any of the unfair practice provisions set forth in such sections, is a misdemeanor, and also is ground for revocation or suspension of license in the manner set forth in NRS 584.325 to 584.690, inclusive.

      2.  Every distributor must pay for fluid milk or fluid cream delivered to him or it at the time and in the manner specified in the contract with the producer.


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

ê1979 Statutes of Nevada, Page 1315 (Chapter 608, SB 447)ê

 

to him or it at the time and in the manner specified in the contract with the producer. Failure to make such payment is ground for refusal, suspension or revocation of license in the manner set forth in NRS 584.325 to 584.690, inclusive.

      3.  In addition to [, or in lieu of,] any other penalty provided by NRS 584.176 to 584.179, inclusive, and section 2 of this act and NRS 584.325 to 584.690, inclusive, the commission may impose a penalty of not more than $1,000 for each violation, to be recovered by the commission in a civil action in a court of competent jurisdiction. All sums recovered under this subsection [shall] must be deposited with the state treasurer to the credit of the dairy commission fund and [shall be] expended solely for the enforcement of NRS 584.176 to 584.179, inclusive, and section 2 of this act and NRS 584.325 to 584.690, inclusive.

      Sec. 19.  NRS 584.690 is hereby amended to read as follows:

      584.690  NRS 584.325 to 584.685, inclusive, [shall apply] applies to retail stores in the following particulars only:

      1.  The examination by the commission of the purchase records of retail stores from distributors.

      2.  The unfair practices prohibited in NRS 584.570 [.] , 584.582 and 584.583, and the penalties provided in NRS 584.670.

      3.  The provisions of any stabilization and marketing plan which includes [retailers.] retail stores.

      Sec. 20.  Section 20 of chapter 600, Statutes of Nevada 1977, is hereby amended to read as follows:

 

       Sec. 20.  1.  Section 16 of this act shall become effective on July 1, [1981.] 1983.

       2.  Subsection 4 of section 7 of this act shall become effective on July 1, 1977.

       3.  This section, subsections 1 to 3, inclusive, of section 7 and the remaining sections of this act shall become effective upon passage and approval.

 

      Sec. 21.  Senate Bill No. 315 of the 60th session of the Nevada legislature is amended by adding thereto a new section designated section 2, following section 1, to read as follows:

 

       Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 22.  Section 1 of this act shall become effective at 12:02 a.m. on July 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1316ê

 

CHAPTER 609, SB 458

Senate Bill No. 458–Committee on Commerce and Labor

CHAPTER 609

AN ACT relating to energy; authorizing the director of the department of energy to adopt regulations which prohibit the sale of appliances with standing pilot lights; exempting appliances contained in recreational vehicles; and providing other matters properly relating thereto.

 

[Approved June 2, 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:

      The director may adopt regulations which prohibit the sale of new appliances which have standing pilot lights. The regulations must:

      1.  Clearly set forth the appliances which may not be sold with standing pilot lights; and

      2.  Specify a period, which must be 6 months or more after the date on which the regulations are effective, during which new appliances which are subject to the regulations and which a retail dealer has in his inventory may be sold.

      3.  The provisions of subsection 1 do not apply to appliances contained in any recreational vehicle.

 

________

 

 

CHAPTER 610, SB 470

Senate Bill No. 470–Committee on Human Resources and Facilities

CHAPTER 610

AN ACT relating to controlled substances; establishing a program to research the therapeutic effects of marihuana on certain patients; establishing a board of review for the program; requiring the state board of health to adopt regulations for the program; establishing requirements for admission into the program; authorizing the health division to contract to receive marihuana; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 9, inclusive, of this act, unless the context requires otherwise:

      1.  “Board” means the board of review for patients.

      2.  “Marihuana” means:

      (a) The plant of the genus Cannabis;

      (b) Tetrahydrocannabinols,

and any of their derivatives.

      3.  “Program” means the program to research the therapeutic effects of marihuana.


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

ê1979 Statutes of Nevada, Page 1317 (Chapter 610, SB 470)ê

 

      Sec. 3.  1.  The board of review for patients, consisting of three members who are physicians licensed to practice in this state, is hereby created.

      2.  The state board of health shall appoint:

      (a) One member who has been certified by the American Board of Ophthalmology.

      (b) One member who has been certified by the American Board of Internal Medicine both regularly and in the subspecialty of medical oncology.

      (c) One member who has been certified by the American Board of Psychiatry and Neurology.

      3.  Each member of the board is entitled to receive $40 for each day’s attendance at a meeting of the board and the per diem allowances and travel expenses provided by law.

      Sec. 4.  1.  There is hereby created a program to research the therapeutic effects of marihuana to be administered by the health division of the department of human resources. The program must be designed pursuant to regulations adopted by the state board of health to study the therapeutic effects of marihuana when administered to persons suffering from cancer and undergoing chemotherapy, to persons suffering from glaucoma, and to any class of persons included in the program under subsection 3. The program must be conducted according to a strict research format designated by the state board of health. The program must be financed by direct legislative appropriation from the state general fund. Money for the program may be expended only for the purposes of sections 2 to 9, inclusive, of this act, on claims approved by the health division and paid as other claims against the state are paid.

      2.  The state board of health shall adopt regulations necessary to carry out the provisions of sections 2 to 9, inclusive, of this act.

      3.  The state board of health may by regulation include in the program a class of persons who are not suffering from cancer or glaucoma if, after the presentation of medical information to the state board of health by a physician, it determines that such a class of persons would benefit from participation in the program.

      Sec. 5.  1.  Any person who is suffering from cancer or glaucoma, or is in the class of persons included in the program under regulations of the state board of health, may apply to the board for admittance into the program.

      2.  Application must be made on forms prescribed by the state board of health. A statement from the person’s physician certifying the person is suffering from cancer or glaucoma, or some other affliction specified by regulation of the state board of health, and is not responding to conventional medications or is experiencing severe side effects from conventional medication, must accompany the application.

      Sec. 6.  The board shall:

      1.  Review applications for admittance to the program to determine who will be admitted.

      2.  Establish a list of physicians and pharmacists it has certified to prescribe and fill prescriptions, respectively, for marihuana under the program.

      Sec. 7.  1.  The health division shall submit an application to the National Institute on Drug Abuse to contract to receive marihuana pursuant to regulations of the National Institute on Drug Abuse, the Food and Drug Administration and the Drug Enforcement Administration.


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

ê1979 Statutes of Nevada, Page 1318 (Chapter 610, SB 470)ê

 

National Institute on Drug Abuse to contract to receive marihuana pursuant to regulations of the National Institute on Drug Abuse, the Food and Drug Administration and the Drug Enforcement Administration.

      2.  The health division shall transfer to pharmacies certified pursuant to section 6 of this act all marihuana received pursuant to any contract entered into under subsection 1.

      Sec. 8.  A pharmacy may fill a prescription for marihuana only pursuant to a written prescription by a physician certified pursuant to section 6 of this act.

      Sec. 9.  A physician certified pursuant to section 6 of this act is entitled to prescribe marihuana only for persons admitted to the program.

      Sec. 10.  NRS 453.251 is hereby amended to read as follows:

      453.251  [Controlled] Except as provided in sections 2 to 9, inclusive, of this act, controlled substances listed in schedules I and II [shall] may be distributed by a registrant to another registrant only pursuant to an order form and may be received by a registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.

      Sec. 11.  NRS 453.331 is hereby amended to read as follows:

      453.331  1.  It is unlawful for any person knowingly or intentionally to:

      (a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251 [;] or pursuant to the provisions of sections 2 to 9, inclusive, of this act;

      (b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;

      (c) Falsely assume the title of or represent himself as a registrant or other person authorized to possess controlled substances;

      (d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or alteration;

      (e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.551, inclusive, or any record required to be kept by [such] those sections;

      (f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance; or

      (g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trade-mark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

      2.  Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.

      Sec. 12.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1319ê

 

CHAPTER 611, SB 498

Senate Bill No. 498–Senator Raggio

CHAPTER 611

AN ACT relating to public securities; amending the definitions of overpass project and underpass project in the City Bond Law; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 268.700 is hereby amended to read as follows:

      268.700  “Overpass project” means any bridge, viaduct or other structure or facilities for the transportation of pedestrians, railroad, motor and other vehicles, and utility lines, as the case may be, over any street, highway, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).

      Sec. 2.  NRS 268.726 is hereby amended to read as follows:

      268.726  “Underpass project” means any tunnel, tube, open cut, or other subway, structure or facilities for the transportation of pedestrians, railroad, motor and other vehicles, and utility lines, as the case may be, under any street, highway, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).

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

 

________

 

 

CHAPTER 612, SB 509

Senate Bill No. 509–Committee on Finance

CHAPTER 612

AN ACT making an appropriation to the department of energy to economize the use of energy in state facilities.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the department of energy the sum of $250,000 to economize the use of energy in state facilities.

      2.  A project proposed to economize the use of energy, the cost of which will be met with money appropriated by this act, must be approved by the interim finance committee before it is begun and must be carried out under the supervision of the state public works board.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1320ê

 

CHAPTER 613, SB 522

Senate Bill No. 522–Committee on Natural Resources

CHAPTER 613

AN ACT relating to the control and sale of state lands; clarifying the authority of the chief of the buildings and grounds division of the department of general services to lease offices outside state buildings for the use of state officers and employees; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 321.001 is hereby amended to read as follows:

      321.001  1.  The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:

      (a) Lands or interests used or acquired for highway purposes;

      (b) Lands or interests the title to which is vested in the board of regents of the University of Nevada [,] ; or

      (c) Offices outside state buildings leased by the chief of the buildings and grounds division of the department of general services for the use of state officers and employees,

and shall administer all lands it holds which are not assigned for administration to another state agency.

      2.  If additional land or an interest in land is required for the use of any state agency except the department of highways or the University of Nevada, the agency shall select a site approved by the state public works board, obtain an appraisal of the land to be acquired, and obtain the approval of the legislature if required by law. The division of state lands shall then obtain the land or interest by negotiation or if necessary by exercising the state’s power of eminent domain. Title must be taken in the name of the State of Nevada.

      Sec. 2.  This act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 614, SB 537

Senate Bill No. 537–Committee on Finance

CHAPTER 614

AN ACT relating to public employees; increasing the salaries of certain state employees; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 281.123 is hereby amended to read as follows:

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


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

ê1979 Statutes of Nevada, Page 1321 (Chapter 614, SB 537)ê

 

State of Nevada, any political subdivision of the state or any agency of the state [shall] must not exceed 95 percent of the salary for the office of the governor during the same period.

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

      3.  The provisions of subsection 1 do not apply to the salaries of dentists and physicians [and surgeons] employed full time by the state.

      Sec. 2.  No employee in the classified service of the state, except those employees described within this section, may receive a salary exceeding $40,808 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:

 

Chief, dental health services (Range A)................................................      $40,141

Chief, dental health services (Range B)................................................        42,113

Chief, dental health services (Range C)................................................        44,218

Chief, maternal and child health (Range A).........................................        42,113

Chief, maternal and child health (Range B).........................................        46,074

Chief, maternal and child health (Range C).........................................        47,080

Chief, preventive medical services (Range A)......................................        42,113

Chief, preventive medical services (Range B)......................................        46,074

Chief, preventive medical services (Range C)......................................        47,080

Senior physician (Range A).....................................................................        40,141

Senior physician (Range B).....................................................................        44,185

Senior physician (Range C).....................................................................        46,075

Senior psychiatrist (Range A)..................................................................        44,185

Senior psychiatrist (Range B)..................................................................        46,074

Senior psychiatrist (Range C)..................................................................        47,080

Senior public health dentist (Range A)..................................................        34,756

Senior public health dentist (Range B)..................................................        38,260

Senior public health dentist (Range C)..................................................        40,171

State health officer (Range A)................................................................        46,074

State health officer (Range B)................................................................        47,080

State health officer (Range C)................................................................        48,087

Welfare medical care officer...................................................................        40,171

Senior institutional dentist (Range A)....................................................        34,756

Senior institutional dentist (Range B)....................................................        40,171

State welfare administrator.....................................................................        34,667

 

As used in this section a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.

      Sec. 3.  Except as otherwise provided in this section and subsection 5 of NRS 284.175, every employee in the classified service of the state may receive a salary adjustment, not to exceed 5.5 percent, based upon the movement of the National Consumer Price Index for All Urban Consumers for the months of October 1978 through September 1979, to take effect January 1, 1980. An additional salary adjustment of 1 percent for a total adjustment not to exceed 6.5 percent may be received if the guidelines or regulations of the Federal Council on Wage and Price Stability are completely removed before the calendar year of 1980 and if the increase in the index for those months is 6.5 percent or more.


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

ê1979 Statutes of Nevada, Page 1322 (Chapter 614, SB 537)ê

 

the guidelines or regulations of the Federal Council on Wage and Price Stability are completely removed before the calendar year of 1980 and if the increase in the index for those months is 6.5 percent or more. The percentage increase will be that determined by the advisory personnel commission for employees in the classified service.

      Sec. 4.  Sections 4 and 5 of chapter 506, Statutes of Nevada 1977, at pages 1042 and 1043, respectively, are hereby repealed.

      Sec. 5.  This act operates retrospectively to allow payment of the salaries specified for all service after January 1, 1979.

 

________

 

 

CHAPTER 615, SB 542

Senate Bill No. 542–Committee on Legislative Functions

CHAPTER 615

AN ACT relating to lobbyists; transferring responsibility for the regulation of their activity to the legislative commission and director of the Nevada legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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 a new section which shall read as follows:

      “Director” means the director of the Nevada legislative counsel bureau.

      Sec. 2.  NRS 218.904 is hereby amended to read as follows:

      218.904  As used in NRS 218.900 to 218.944, inclusive, the terms defined in NRS 218.906 to 218.916, inclusive, and section 1 of this act, have the meanings ascribed to them in [such] those sections.

      Sec. 3.  NRS 218.918 is hereby amended to read as follows:

      218.918  Every person who acts as a lobbyist shall, not later than 2 days after the beginning of [such] that activity, file a registration statement with the director in such form as the [secretary of state shall prescribe.] director prescribes.

      Sec. 4.  NRS 218.924 is hereby amended to read as follows:

      218.924  Each person required to register shall file a supplementary registration statement with the [secretary of state] director no later than 5 days after any change in the registrant’s last registration statement. The supplementary registration statement [shall] must include complete details concerning the changes that have occurred.

      Sec. 5.  NRS 218.926 is hereby amended to read as follows:

      218.926  1.  Each registrant shall file with the [secretary of state] director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant who attempts to influence legislative action shall file with the [secretary of state] director between the 1st and 10th day of the month subsequent to each month that the legislature is in session a report concerning his lobbying activities during the previous month.


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

ê1979 Statutes of Nevada, Page 1323 (Chapter 615, SB 542)ê

 

session a report concerning his lobbying activities during the previous month. Each report [shall] must be on a form prescribed by the [secretary of state and shall] director and must include the total expenditures made by the registrant for directly communicating with a member of the legislative branch to influence legislation, including expenditures made by others on behalf of the registrant for those direct communications if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant. The report [shall] must include a monthly compilation of expenditures in the following categories:

      (a) Entertainment;

      (b) Gifts and loans; and

      (c) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.

      2.  Each registrant shall file the reports of expenditures required by subsection 1 if he has expenditures of $50 or more during the previous month.

      Sec. 6.  NRS 218.929 is hereby amended to read as follows:

      218.929  1.  The [secretary of state] director shall furnish an appropriate identification badge to each lobbyist who files a registration statement under this chapter.

      2.  The identification badge [shall] must be worn by the lobbyist whenever he appears in the legislative building.

      Sec. 7.  NRS 218.930 is hereby amended to read as follows:

      218.930  The [secretary of state] director shall:

      1.  Inspect each statement and report filed within 10 days after its filing.

      2.  Immediately notify the person who had filed:

      (a) If the information filed does not conform to law.

      (b) If a written complaint has been filed with the [secretary of state] director by any person alleging an irregularity or lack of truth as to the information filed.

      3.  Notify any person of the filing requirement who the [secretary of state] director has reason to believe has failed to file any statement or report as required.

      Sec. 8.  NRS 218.932 is hereby amended to read as follows:

      218.932  [The secretary of state shall:

      1.  Adopt]

      1.  The legislative commission shall adopt regulations to carry out the provisions of NRS 218.900 to 218.944, inclusive.

      2.  The director shall:

      (a) Prepare and furnish forms for the statements and reports required to be filed.

      [3.](b) Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports.

      [4.](c) Accept and file any information voluntarily supplied that exceeds the requirements of NRS 218.900 to 218.944, inclusive.

      [5.](d) Develop a filing, coding and cross-indexing system consistent with the purposes of NRS 218.900 to 218.944, inclusive.


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ê1979 Statutes of Nevada, Page 1324 (Chapter 615, SB 542)ê

 

with the purposes of NRS 218.900 to 218.944, inclusive.

      [6.](e) Make the statements and reports available for public inspection during regular office hours.

      [7.](f) Preserve the statements and reports for a period of 5 years from the date of filing.

      [8.](g) Compile and keep current an alphabetical list of registrants, including their address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which he expects to lobby. A copy of the list [shall] must be furnished to each legislator and to the clerks of the respective counties for preservation and public inspection.

      Sec. 9.  NRS 218.934 is hereby amended to read as follows:

      218.934  The [secretary of state] director may [also] prepare and publish such reports concerning lobbying activities as he [may deem] deems appropriate.

      Sec. 10.  NRS 218.936 is hereby amended to read as follows:

      218.936  The [secretary of state] director shall:

      1.  Make investigations on his own initiative with respect to any irregularities which he discovers in the statements and reports filed and with respect to the failure of any person to file a required statement or report and shall make an investigation upon the written complaint of any person alleging a violation of any provision of NRS 218.900 to 218.944, inclusive.

      2.  Report suspected violations of law to the [attorney] :

      (a) Legislative commission; and

      (b) Attorney general who shall investigate and take any action necessary to carry out the provisions of NRS 218.900 to 218.944, inclusive.

      Sec. 11.  NRS 218.940 is hereby amended to read as follows:

      218.940  1.  Any registrant who files an activity report after the time provided in NRS 218.926 shall pay to the [secretary of state] director a fee for late filing of $5 for each day of the first 30 days that it was late and $100 per day thereafter, but the [secretary of state] director may reduce or waive this fee upon a finding of just cause.

      2.  An activity report with respect to which a late filing fee has been paid by the registrant or waived by the [secretary of state] director shall be deemed timely filed, and the late filing is not a public offense.

      Sec. 12.  NRS 218.942 is hereby amended to read as follows:

      218.942  1.  A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:

      (a) To any member of the legislative branch in an effort to persuade or influence him in his official actions.

      (b) In a registration statement or report concerning lobbying activities filed with the [secretary of state.] director.

      2.  A lobbyist shall not give to a member of the legislative branch or a member of his staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.

      3.  A member of the legislative branch or a member of his staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.

      4.  A person who employs or uses a lobbyist shall not make that lobbyist’s compensation or reimbursement contingent in any manner upon the outcome of any legislative action.


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

ê1979 Statutes of Nevada, Page 1325 (Chapter 615, SB 542)ê

 

lobbyist’s compensation or reimbursement contingent in any manner upon the outcome of any legislative action.

      5.  Information copied from registration forms and activity reports filed with the [secretary of state] director or from lists compiled from such forms and reports [shall] must not be sold or used by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fundraising affair or for any commercial purpose.

      6.  Except as provided in subsection 7, a member of the legislative or executive branch of the state government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the state or the political subdivision for personally engaging in lobbying.

      7.  An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.

      8.  A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition thereto.

 

________

 

 

CHAPTER 616, SB 554

Senate Bill No. 554–Committee on Human Resources and Facilities

CHAPTER 616

AN ACT relating to retarded persons; revising the requirements for training centers for retarded persons to receive aid; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 435.007 is hereby amended to read as follows:

      435.007  [The following terms, wherever used or referred to in this chapter, have the following meanings unless a different meaning clearly appears in the context:] As used in this chapter, unless the context otherwise requires:

      1.  “Child” means any person under the age of [21] 18 years who may be eligible for mental retardation services.

      2.  “Group care facility” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.

      3.  “Person” includes a child [as defined in subsection 1] and any other mentally retarded client who has attained the age of [21] 18 years.

      Sec. 2.  NRS 435.230 is hereby amended to read as follows:

      435.230  In order to qualify for the aid provided for by NRS 435.130 to 435.320, inclusive, a center must:

      1.  File an application with the division for a certificate of qualification, which shall include:

      (a) The name and address of the center.


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

ê1979 Statutes of Nevada, Page 1326 (Chapter 616, SB 554)ê

 

      (b) The names, addresses and qualifications of the administrative personnel of the center.

      (c) An outline of the educational, vocational and care program to be offered.

      (d) The number of enrollees or expected enrollees.

      (e) An affidavit that the center is nonsectarian and a nonprofit organization under the Internal Revenue Code of 1954 as amended (26 U.S.C. § 501(c) (3)).

      (f) The number and qualifications of staff personnel.

      (g) A complete and detailed proposed financial statement for the operations for the coming year.

      (h) Any other information which the division may, in its discretion, require.

      2.  Each year after the original application is made under subsection 1, file an application for renewal of certificate of qualification, which shall contain:

      (a) The information required by subsection 1.

      (b) The total number of staff members, enrollees and days of care and training that the center provided during the previous year.

      (c) The number of enrollees and days of care and training that the center provided during the previous year to such enrollees who qualify for aid under the terms of NRS 435.130 to 435.320, inclusive, and the standards established by the division.

      (d) A financial statement clearly showing all income received by the center during the previous year and the sources thereof.

      (e) Any other information that the division may, in its discretion, require.

      3.  [Have a minimum staff of one person for each group of five retarded persons or major fraction thereof.

      4.] Be inspected by a member or authorized agent of the division to determine if the center’s facilities are proper and adequate.

      [5.]4.  Keep accurate daily attendance records and establish uniform financial statements and bookkeeping procedures as prescribed by the division.

      [6.]5.  Maintain standards not inconsistent with those required by NRS 435.130 to 435.320, inclusive, or established by the division to qualify for funds from other sources, such as United Fund and United States Government programs.

      [7.]6.  Before certifying an enrollee as mentally retarded, require:

      (a) A documentary history of retarded overall functioning; and

      (b) Substantiation, through evaluation by a qualified diagnostic team.

      [8.]7.  Meet all other standards set by the division.

      Sec. 3.  NRS 435.240 is hereby amended to read as follows:

      435.240  1.  All applications for a certificate of qualification which have been approved by the administrator [shall] must be reviewed by the board for approval or rejection.

      2.  If an application is rejected by the administrator, he shall notify the applicant in writing of [such] the rejection, setting out the reasons therefor.

      3.  Within 30 days after the administrator mails the notice of rejection of the application, the applicant may appeal [such] the rejection to the board.


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

ê1979 Statutes of Nevada, Page 1327 (Chapter 616, SB 554)ê

 

to the board. The board shall review the application and the reasons for its denial and may receive evidence, documentary or testimony, to aid it in its decision. Thereafter, the board shall issue its decision rejecting the application or remanding the application to the administrator for approval. The decision of the board is final.

      4.  No new applicants [shall] may be certified if the certification brings the average support per enrollee below [$300] $400 per quarter for those centers that are already certified.

      Sec. 4.  NRS 435.290 is hereby amended to read as follows:

      435.290  1.  A center holding a certificate of qualification from the division is entitled to aid from the community training center fund in amounts not less than the amounts allocable under this section.

      2.  Except as provided in subsection 5, each center in the state is entitled to not less than:

      (a) Four hundred dollars per enrollee per quarter; or

      (b) Sixteen thousand dollars per year if the center maintains a minimum of five enrollees per quarter and its staff and operating expenses are at least $16,000 each year,

whichever is greater.

      3.  The division, in its discretion, may grant aid from the community training center fund to help in establishing new centers. This aid in the aggregate [shall] must not exceed one-fourth of the money available in the fund for the year in which it is given.

      4.  Except as provided in subsection 5, after providing for the allocations authorized in subsections 2 and 3, the division shall allocate any other money available in the fund to the qualified centers according to the [number of] programs offered by each center and the number of enrollees in each program. The division shall determine the relative weight to be given to these factors.

      5.  The amount of money which a center is entitled to receive per enrollee per quarter or per year [does] must not exceed the amount specified in the budget for the community training center fund as approved by the most recent session of the legislature.

 

________

 

 

CHAPTER 617, SB 581

Senate Bill No. 581–Committee on Finance

CHAPTER 617

AN ACT relating to the legislative counsel bureau; making the records of travel expenses of legislators and officers and employees of the legislative counsel bureau available for public inspection; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 218.625 is hereby amended to read as follows:

      218.625  1.  The director, other officers and employees of the legislative counsel bureau shall not:


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

ê1979 Statutes of Nevada, Page 1328 (Chapter 617, SB 581)ê

 

      (a) Oppose or urge legislation, except as the duties of the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.

      (b) Except as provided in this section, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.

      2.  Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that such disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.

      3.  When a bill or resolution drafted at the request of any person who is not a legislator, is delivered to a legislator, the legislative counsel shall disclose the identity of the requester to the recipient, and when the bill or resolution has been introduced he shall upon request disclose the identity of the requester to any legislator.

      4.  When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.

      5.  The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission may prescribe.

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

 

________

 

 

CHAPTER 618, SB 582

Senate Bill No. 582–Committee on Finance

CHAPTER 618

AN ACT relating to sources of energy; enabling the State of Nevada to acquire crude oil and petroleum products for use in the state; creating a revolving fund for their acquisition and the proceeds of resales; authorizing the borrowing of money and making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 2, 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 the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  1.  If the interim finance committee allocates money for the acquisition, the director may acquire crude oil or petroleum products anywhere in the United States or in any other nation and offer petroleum products for sale or sell them to any person.

      2.  The director, pursuant to subsection 1, may:


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

ê1979 Statutes of Nevada, Page 1329 (Chapter 618, SB 582)ê

 

      (a) Contract with any person to acquire crude oil or any petroleum product for resale to him. Every contract for acquisition and resale must contain a provision which renders unenforcible the entire contract if the director is unable to acquire crude oil or the petroleum product by a date to be set forth in the contract.

      (b) Acquire title to crude oil or any petroleum product situated in any other state of the United States or in any other nation and exchange the title so acquired for crude oil or any petroleum product situated in this state.

      (c) Store crude oil or any petroleum product acquired by him in any state of the United States or in any other nation.

      (d) Transport crude oil or any petroleum product acquired by him from the place of purchase to any other place, including this state.

      (e) Engage in any other lawful act necessary to acquire and resell crude oil or petroleum products.

      Sec. 3.  1.  The fund for acquisition of crude oil and petroleum products is hereby created in the state treasury as a special revenue fund.

      2.  The interim finance committee may, pursuant to section 7 of this act, allocate money from the fund to the director for the acquisition of crude oil or petroleum products.

      3.  The director shall, upon receipt of money derived from the sale of any crude oil or petroleum product, deposit the money in the state treasury for credit to the fund.

      Sec. 4.  1.  The director shall appoint a special deputy director to administer the acquisition and resale of crude oil and petroleum products pursuant to this chapter. The special deputy director is in the unclassified service of the state and is entitled to an annual salary of approximately $25,000 plus the same percentage of increase as provided for other unclassified employees on January 1, 1980.

      2.  The special deputy director may:

      (a) Act as the agent of the director to acquire and resell crude oil and petroleum products.

      (b) Enter into contracts with consultants, advisers, brokers and other persons to obtain competent advice relating to the acquisition or resale of crude oil and petroleum products.

      (c) With the approval of the director and within the limits of legislative appropriation, appoint personnel he finds necessary to carry out the acquisition and resale of crude oil and petroleum products.

      Sec. 5.  If the director finds that supplies are available and that their acquisition and disposition is economically feasible, he shall prepare a general plan for the acquisition and disposition of crude oil or petroleum products, or both, to enlarge the supply available in this state, and submit this plan to the state board of examiners before or with his first request for an allocation of money. At the time of each request, he shall submit to that board a description of his intended use of the amount requested.

      Sec. 6.  1.  The state board of examiners shall review the practicability and feasibility of any plan for the acquisition and disposition of petroleum products submitted to it by the director and shall approve or disapprove the plan.


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

ê1979 Statutes of Nevada, Page 1330 (Chapter 618, SB 582)ê

 

      2.  In deciding whether to approve the plan, the state board of examiners and the interim finance committee shall determine independently whether the economy of the state is substantially affected by a shortage of one or more petroleum products within the state. The state board of examiners and the interim finance committee shall consider:

      (a) The number of claims for unemployment compensation in occupational classes related to gaming and tourism;

      (b) Revenues from the local license taxes upon the rental of rooms for transient occupancy;

      (c) The number of passengers arriving by air at airports in Clark and Washoe counties;

      (d) Counts of traffic moving toward this state on Interstate Highway 15 and from the west on Interstate Highway 80;

      (e) Present and immediately anticipated deliveries of petroleum products into this state, and inventories in this state;

      (f) The feasibility of alleviating the shortage by other measures, including conservation; and

      (g) Other factors which the board or committee consider to be indicative of an adverse effect of a shortage of one or more petroleum products.

      3.  If the plan is approved, the state board of examiners shall forward the plan, with a record of its approval attached thereto, to the director of the legislative counsel bureau for submission to the interim finance committee for an allocation of money. If the plan is disapproved, the state board of examiners shall return the plan to the director together with the reasons for the disapproval.

      Sec. 7.  Upon receipt of a plan for acquisition and disposition and request for allocation of money from the fund for acquisition of petroleum products, the director of the legislative counsel bureau shall notify the chairman of the interim finance committee, who shall thereupon call a meeting of the committee. If the committee, after independent examination of the request, finds that the allocation recommended by the state board of examiners should be made, the committee shall by resolution establish the amount of the allocation and the timing and method of disposition, and direct the state controller, upon request of the director, to draw one or more warrants up to that amount payable to sellers designated by the director.

      Sec. 8.  1.  To obtain money to be placed in the fund for the acquisition of crude oil and petroleum products, the state board of examiners may borrow as a general obligation of the state not more than $10,000,000. This authority may be exercised only if the interim finance committee has approved an allocation from the fund. To reduce the amount of interest payable, the board may arrange with one or more lenders for credit to be drawn upon as needed.

      2.  There is hereby appropriated from the state general fund to the department of energy for activities relating to the acquisition and resale of petroleum, including the payment of salaries of persons administering such activities, the sum of $100,000.


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

ê1979 Statutes of Nevada, Page 1331 (Chapter 618, SB 582)ê

 

      Sec. 9.  1.  This act shall become effective upon passage and approval.

      2.  This act expires by limitation on June 30, 1981.

 

________

 

 

CHAPTER 619, SB 583

Senate Bill No. 583–Committee on Government Affairs

CHAPTER 619

AN ACT relating to population; conforming by technical changes bills of the 60th session which classify counties according to population with Senate Bill No. 72; and increasing the population which qualifies a township to have two justices of the peace.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 245.213 is hereby amended to read as follows:

      245.213  1.  In each county having a population of 100,000 or more, the board of county commissioners shall by ordinance establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.

      2.  In each county having a population of less than 100,000 the board of county commissioners may by ordinance establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.

      [3.  As used in this section “population” means the number of people in a county as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to section 2 of article 1 of the Constitution of the United States.]

      Sec. 2.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  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 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.


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

ê1979 Statutes of Nevada, Page 1332 (Chapter 619, SB 583)ê

 

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 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.

      3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      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.

      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


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

ê1979 Statutes of Nevada, Page 1333 (Chapter 619, SB 583)ê

 

      (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. 3.  The section added to chapter 122 of NRS by section 2 of Assembly Bill No. 598 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       1.  In any county 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,] the office of the county clerk where marriage licenses may be issued must be open to the public for the purpose of issuing such licenses from 8 a.m. to 12 p.m. every day including holidays, and may remain open at other times.

       2.  In all other counties, the board of county commissioners shall determine the hours during which the offices which issue marriage licenses must remain open to the public.

 

      Sec. 4.  The section added to chapter 244 of NRS by section 14 of chapter 80, Statutes of Nevada 1979, at page 129, is hereby amended to read as follows:

 

       Sec. 14.  Chapter 244 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. 5.  Section 2.5 of chapter 185, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 2.5.  The section added to chapter 269 of NRS by section 2 of this act is hereby amended to read as follows:

       In a county whose population is less than 250,000, [according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] those areas, including subdivisions, which are adjacent or contiguous to an unincorporated town having a population less than 25,000, and which require substantially all of the services described in NRS 269.575, may be annexed by the unincorporated town by ordinance adopted by the town board or the board of county commissioners. The ordinance must contain a provision requiring that the town boundary be surveyed, mapped, platted and so enlarged as to include the area to be annexed. Upon filing of the plat or map of the town, including the area annexed, it constitutes the legal boundary of the town.


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

ê1979 Statutes of Nevada, Page 1334 (Chapter 619, SB 583)ê

 

      Sec. 6.  Section 2 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 2.  NRS 4.020 is hereby amended to read as follows:

       4.020  1.  There shall be one justice’s court in each of the townships of the state, for which there shall be elected by the qualified electors of the township the following number of justices of the peace according to the population of the township: [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:]

       (a) If the population is less than [60,000,] 80,000, one justice of the peace.

       (b) If the population is [60,000] 80,000 or more but less than 150,000, two justices of the peace.

       (c) If the population is 150,000 or more, five justices of the peace.

       2.  Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.

       3.  The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate [shall] must be filed in the office of the secretary of state as evidence of the official character of [such] that officer.

 

      Sec. 7.  Section 92 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 92.  NRS 373.140 is hereby amended to read as follows:

       373.140  1.  After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from the county motor vehicle fuel tax must be first submitted to the regional street and highway commission.

       2.  Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:

       (a) The priorities established by the plan;

       (b) The relation of the proposed work to other projects already constructed or authorized;

       (c) The relative need for the project in comparison with others proposed; and

       (d) The funds available.

If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130.


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

ê1979 Statutes of Nevada, Page 1335 (Chapter 619, SB 583)ê

 

as provided in NRS 373.130. If the board authorizes the project the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.

       3.  Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:

       (a) Its relation to the streets and highways plan;

       (b) The relation of the proposed work to other projects constructed or authorized;

       (c) The relative need for the proposed work in relation to other proposed by the same city or town; and

       (d) The availability of funds.

If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

       4.  In counties 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,] the commission shall:

       (a) Certify the adoption of the plan;

       (b) Submit a copy of the plan to the department; and

       (c) Certify its compliance with subsections 2 and 3 in the adoption of the plan.

 

      Sec. 8.  Section 13 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby repealed.

      Sec. 9.  1.  Sections 1 to 4, inclusive, of this act shall become effective in 1980 on the date when the Secretary of Commerce reports the 1980 census of population to the President of the United States as required by 13 U.S.C. § 141(b).

      2.  Sections 5 to 8, inclusive, of this act and this section shall become effective upon passage and approval.

 

________

 

 

CHAPTER 620, SB 585

Senate Bill No. 585–Committee on Finance

CHAPTER 620

AN ACT authorizing expenditure for capital improvements from the higher education capital construction fund; authorizing expenditure of university capital improvement fee funds; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  For the period commencing July 1, 1981, and ending June 30, 1983, if there is available money in the higher education capital construction fund created pursuant to NRS 463.385, the state public works board shall cause to be constructed with the money the projects specified in this section at a cost to the higher education capital construction fund not exceeding the amounts stated:

 


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

ê1979 Statutes of Nevada, Page 1336 (Chapter 620, SB 585)ê

 

construction fund created pursuant to NRS 463.385, the state public works board shall cause to be constructed with the money the projects specified in this section at a cost to the higher education capital construction fund not exceeding the amounts stated:

 

      1.  Project 79-19........................................................................................    $1,000,000

      2.  Project 79-21........................................................................................            25,000

      3.  Project 79-24........................................................................................       6,550,000

      4.  Project 79-25........................................................................................       5,627,700

      5.  Project 79-42........................................................................................       1,000,000

      6.  Project 79-L1........................................................................................          419,000

 

      Sec. 2.  The state public works board is authorized to use university capital improvement fee funds in the following amounts to support the construction of the following projects:

 

      1.  Project 79-21........................................................................................        $150,000

      2.  Project 79-24........................................................................................       3,236,000

      3.  Project 79-33........................................................................................          244,000

      4.  Project 79-55........................................................................................       1,586,000

 

      Sec. 3.  1.  The state public works board shall carry out the provisions of this act:

      (a) As provided in chapter 341 of NRS; and

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.

      2.  The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of the work.

      3.  All work authorized by this act must be approved by the state public works board, and each contract document pertaining to the work must be approved by the attorney general.

      4.  Except as provided in subsection 5, the state public works board shall advertise in a newspaper of general circulation in this state for separate sealed bids for each construction project designated in this act. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids either on the whole or on any part of the construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest responsible bidder thereon; but any or all bids may be rejected for any good reason.

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


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

ê1979 Statutes of Nevada, Page 1337 (Chapter 620, SB 585)ê

 

area and may thereafter award the contract to the lowest responsible bidder or reject all bids.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 621, SB 587

Senate Bill No. 587–Committee on Finance

CHAPTER 621

AN ACT making an appropriation for the economic development of small, economically depressed counties; and providing other matters properly relating thereto.

 

[Approved June 2, 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 fund for industrial development in counties having a population of 25,000 or less, which is hereby created, the sum of $5,000,000 to be used for the financial relief of any such county facing economic disaster due to factors over which the county had no control, and after a sustained effort by the county to solve its financial problems at the local level.

      Sec. 2.  1.  The interim finance committee may allocate money from this fund for the construction of one or more projects consisting of land, buildings and equipment suitable to house one or more industrial enterprises. Before making an allocation, the committee shall satisfy itself that the cost of the land, buildings and equipment will be recovered by the state through payments for its use within 20 years.

      2.  The committee shall select for allocation those projects which it believes most likely to provide stable employment and contribute permanently to the economy of any county having a population of 25,000 or less which meets the requirements described in section 1, and which it believes least likely to be undertaken without such an allocation.

      Sec. 3.  The department of economic development shall cooperate with local authorities and with the interim finance committee in evaluating projects for the purposes of this act.

      Sec. 4.  After June 30, 1984, the uncommitted balance of the appropriation made in section 1 of this act shall not be committed and shall revert to the state general fund.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1338ê

 

CHAPTER 622, SB 588

Senate Bill No. 588–Committee on Finance

CHAPTER 622

AN ACT making an appropriation from the state general fund to the state public works board for carrying out a program of capital improvements for the State of Nevada; authorizing the expenditure of grants of money for certain projects; specifying certain powers, duties and requirements of the state public works board respecting the program; and providing other matters properly relating thereto.

 

[Approved June 2, 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 the sum of $65,226,501 to support the board in carrying out a program of capital improvements summarized as follows:

      1.  Capital improvements for the department of corrections, Projects 79-1, 79-8, 79-9, 79-12, 79-39 and a 600-inmate prison to be located near Indian Springs, Project 79-7...................................................................................................        $34,426,300

      2.  Capital improvements for the department of human resources, Projects 79-2, 79-3, 79-4, 79-13, 79-16, 79-17, 79-23, 79-28, 79-38, 79-40, 79-81 and the remodeling of Building IX at the Nevada Mental Health Institute, Project 79-38A            $7,093,800

      3.  Capital improvements for the state museum and historical society, Projects 79-5, 79-34, 79-41, 79-43...........................................................................          $3,331,500

      4.  Capital improvements for the university system, Projects 79-6, 79-19, 79-25, 79-29, 79-31, 79-35, 79-42, 77-49 and 79-49........................................        $13,847,479

      5.  Capital improvements for the department of general services, Projects 79-10, 79-22, 79-30, 79-37..............................................................................          $1,364,200

      6.  Capital improvements for the military department, Project 79-11                           $79,122

      7.  Capital improvements for the department of motor vehicles, Project 79-20          $4,652,400

      8.  Capital improvements for the data processing commission, Project 79-32            $272,700

      9.  Capital improvements for the department of fish and game, Project 79-52          $159,000

      Sec. 2.  The state public works board is authorized to accept and use grants of money in the following amounts to support the construction of the following projects:

      1.  Capital improvements for the military department, Project 79-11                           $615,576

      2.  Capital improvements for the department of human resources, Project 79-17                                                                                                    $635,000

      3.  Capital improvements for the state museum and historical society, Projects 79-34..............................................................................................................                $57,000

      4.  Capital improvements for the department of general services, Project 79-30        $200,000


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

ê1979 Statutes of Nevada, Page 1339 (Chapter 622, SB 588)ê

 

      Sec. 3.  The state public works board is authorized to acquire land and convey the rights of way necessary to Project 79-6, 79-7 and 79-52.

      Sec. 4.  With the approval of the interim finance committee, the state public works board may transfer money from one project to another project if the projects are within the same department of government or the university system.

      Sec. 5.  1.  The state public works board shall carry out the provisions of this act:

      (a) As provided in chapter 341 of NRS; and

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.

      2.  The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of the work.

      3.  All work authorized by this act must be approved by the state public works board, and each contract document pertaining to the work must be approved by the attorney general.

      4.  Except as provided in subsection 5, the state public works board shall advertise in a newspaper of general circulation in this state for separate sealed bids for each construction project designated in this act. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids on either the whole or on any part of the construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest responsible bidder thereon; but any or all bids may be rejected for any good reason.

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

      Sec. 6.  There is hereby appropriated from the state general fund to the legislative commission the sum of $382,000 for various remodeling projects in the legislative building.

      Sec. 7.  Commencing July 1, 1980, the purchasing division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of constructing the addition to the purchasing warehouse in Reno, Nevada. Each installment must be equal to 2 percent of the total cost of $734,000.

      Sec. 8.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1340ê

 

CHAPTER 623, SB 590

Senate Bill No. 590–Committee on Finance

CHAPTER 623

AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Expenditure of the following sums not appropriated from the general fund or the state highway fund in the state treasury is hereby authorized during the fiscal years beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:

 

                                                                                                                   1979-80           1980-81

Officer of the governor

      Crime prevention.........................................................                $70,030                                                                    $59,000

      Comprehensive statewide planning..........................                152,492                                                                    176,451

      Comprehensive statewide planning—federal.........                232,992                                                                    256,951

      State comprehensive employment and training office                                                                                            520,332               513,488

      State occupational information coordinating committee                                                                                          66,644                 65,938

      Office of community services...................................                  83,808                                                                       84,080

             Community development....................................                  40,000                                                                       45,000

             Weatherization.......................................................                  24,000                                                                       20,000

             Weatherization—department of energy...........                512,500                                                                    350,000

             Weatherization—crisis prevention.....................                  41,652                                                                       ---------

             Rural housing.........................................................                  97,592                                                                    106,251

Attorney general

      Administration..............................................................             1,008,449                                                                 1,035,367

      Private detective...........................................................                  20,774                                                                       21,005

      Medical malpractice investigative fund..................                  12,000                                                                       12,000

Treasurer..............................................................................          64,298.................................................................. 67,275

Department of administration

      Bond interest and redemption...................................             1,353,852                                                                    914,430

      Insurance premium revolving fund..........................                881,700                                                                    948,900

      Clear Creek youth center............................................                  62,400                                                                       62,400

      Personnel division........................................................             1,680,139                                                                 1,775,788

             Intergovernmental personnel..............................                205,000                                                                    205,000

             Cooperative personnel services...........................                  67,329                                                                       68,773

Department of general services

      Director’s office............................................................                  75,799                                                                       77,281


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

ê1979 Statutes of Nevada, Page 1341 (Chapter 623, SB 590)ê

 

                                                                                                               1979-1980           1980-81

      State printing office.....................................................          $1,594,248                                                               $1,764,398

             Records management services............................                273,731                                                                    273,126

      Buildings and grounds division..................................             2,555,587                                                                 2,702,287

             Statewide leases.....................................................                  89,100                                                                       89,100

      Motor pool....................................................................             1,292,146                                                                 1,068,375

      Working capital fund..................................................             2,998,714                                                                 3,079,026

      Purchasing division......................................................                853,096                                                                    941,449

             Commodity food program..................................                539,511                                                                    329,228

             Surplus property administration.........................                  90,069                                                                       94,385

      Central data processing..............................................             2,207,606                                                                 2,245,214

      Marlette Lake...............................................................                  34,633                                                                       36,703

      Accounting division.....................................................                218,280                                                                    228,843

Nevada Magazine..............................................................        343,677................................................ 395,513

Four Corners commission grant.......................................          75,113.................................................. 79,250

Department of taxation....................................................        207,232................................................ 219,571

State communications board...........................................        169,527................................................ 174,847

Computer facility...............................................................                       ............................................. 2,157,944    2,097,340

Equal rights opportunity grant.........................................        102,849................................................ 112,754

Equal rights-rapid charge..................................................          63,308.................................................. 66,854

Legislative fund

      Legal division................................................................                681,000                                                                    100,000

Administrative office of the courts.................................                  50,000                                                                       50,000

Judicial education..............................................................                  81,780                                                                       84,356

District judges’ travel.........................................................                        500                                                                            500

Public defender...................................................................                273,677                                                                    277,155

State department of education

      Administration..............................................................                  44,500                                                                       44,500

      Vocational education..................................................             1,846,138                                                                 1,995,565

      School lunch program.................................................             5,958,886                                                                 5,959,161

      Adult basic education.................................................                297,955                                                                    297,955

      Higher education student loan..................................                200,000                                                                    200,000

      Comprehensive Employment Training Act............                357,750                                                                    357,955

      Fleischmann scholarships...........................................                266,327                                                                    274,674

      Discretionary grants program....................................                176,996                                                                    176,996

      Elementary and Secondary Education Act, Title I             3,945,945                                                                 3,945,945

      Elementary and Secondary Education Act, Title VI                                                                                             1,491,700            1,493,690

      Elementary and Secondary Education Act, Title IVC                                                                                             545,240               553,220

      Elementary and Secondary Education Act, Title IVB and IVC                                                                            904,260               904,206

      Teacher training for handicapped children.............                125,128                                                                    125,265

Commission on postsecondary authorization..............                  45,722                                                                       45,722

University of Nevada System

      System administration................................................                  34,075                                                                       34,075


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

ê1979 Statutes of Nevada, Page 1342 (Chapter 623, SB 590)ê

 

                                                                                                               1979-1980           1980-81

      Agriculture experiment station..................................              $797,600                                                                  $723,100

      Cooperative extension service...................................                658,487                                                                    645,508

      University of Nevada, Reno......................................             3,945,960                                                                 3,995,960

      School of medical sciences........................................             2,080,505                                                                 1,306,674

      University of Nevada, Las Vegas.............................             3,164,161                                                                 3,166,161

      Clark County community college.............................                862,415                                                                    911,120

      Western Nevada community college.......................                674,445                                                                    740,215

      Northern Nevada community college......................                101,175                                                                    103,725

Nevada historical society..................................................                     7,500                                                                         7,500

Nevada state museum......................................................                  20,927                                                                       21,052

Nevada council on the arts...............................................                416,000                                                                    451,000

Nevada state library..........................................................                  90,630                                                                       90,630

      Library cooperation.....................................................                  54,952                                                                       54,952

      Library service improvement.....................................                393,854                                                                    369,483

Department of human resources—director’s office....                  36,000                                                                       36,000

      Health planning and resources..................................                238,857                                                                    246,159

      Aging services...............................................................             2,895,850                                                                 2,895,850

      Developmental disabilities.........................................                150,000                                                                    150,000

      Radioactive material disposal...................................                470,105                                                                    538,000

      Youth services agency................................................                  13,290                                                                       13,290

      Northern Nevada children’s home............................                  23,430                                                                       23,430

      Southern Nevada children’s home...........................                  29,639                                                                       29,639

      Nevada youth training center....................................                110,478                                                                    102,660

             Youth training center—ESEA, Title I.................                  73,750                                                                       76,339

      Girls training center......................................................                  30,066                                                                       30,066

             Girls training center—ESEA, Title I....................                  50,000                                                                       50,000

      Probation, subsidies.....................................................                348,520                                                                    338,478

      Health division

             Office of the state health officer........................                  88,168                                                                       89,063

             Vital statistics.........................................................                  66,798                                                                       67,835

             Dental health..........................................................                  79,438                                                                       87,688

             Bureau of health facilities....................................                192,232                                                                    201,841

             Family planning project.......................................                169,352                                                                    175,697

             Bureau of laboratory and research....................                184,461                                                                    188,776

             Women’s, infants’ and children’s food supplement program      ......................................................... 2,001,628            2,125,530

             Maternal and child health....................................             1,216,605                                                                 1,125,186

             Bureau of community health services...............                394,069                                                                    359,749

             Health aid to counties...........................................                117,360                                                                    117,360

             Venereal disease control.......................................                149,708                                                                    160,639

             Immunization program........................................                160,230                                                                    160,231

             Consumer protection............................................                406,257                                                                    416,255

             Improved pregnancy outcome...........................                396,315                                                                    396,296


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

ê1979 Statutes of Nevada, Page 1343 (Chapter 623, SB 590)ê

 

                                                                                                               1979-1980           1980-81

Health division nutrition...................................................                  $2,709                                                                       $3,294

      Emergency medical services......................................             1,148,500                                                                    247,733

      Emergency medical—Fleischmann grant...............             1,098,196                                                                    132,733

      Drug licensing................................................................                  53,938                                                                       56,346

      Uranium mills licensing...............................................                  76,259                                                                       61,493

      Cancer control registry................................................                  40,000                                                                       40,000

Mental hygiene and mental retardation

      Nevada mental health institute.................................                462,272                                                                    477,272

      Institute land exchange..............................................                  69,000                                                                       ---------

      Reno mental health center.........................................                131,800                                                                    131,800

      Children’s behavioral—Washoe...............................                347,240                                                                    352,231

      Rural clinics...................................................................             1,528,255                                                                 1,303,613

      Las Vegas mental health center................................             1,509,508                                                                 1,355,704

             Food service center................................................                328,466                                                                    361,028

      Children’s behavioral—Las Vegas...........................                334,000                                                                    334,000

      Henderson mental health center...............................                187,529                                                                    212,475

      Desert developmental center.....................................             1,524,444                                                                 1,666,699

      Sierra developmental center......................................             1,579,586                                                                 1,650,476

      Community training centers......................................                675,857                                                                    776,571

      Foster grandparents program.....................................                158,267                                                                    159,450

      Resident placement.....................................................                412,873                                                                    455,104

      Community awareness project.................................                290,551                                                                    302,555

      Retired senior volunteer..............................................                  57,372                                                                       59,624

      Senior companions......................................................                  67,450                                                                       47,681

Welfare division

      Administration..............................................................             5,941,713                                                                 6,081,680

      Child welfare.................................................................                704,263                                                                    808,850

      Aid to dependent children..........................................             3,876,000                                                                 4,410,000

      Medical care unit.........................................................          19,609,874                                                               23,456,554

      Food stamp program...................................................             1,254,074                                                                 1,301,758

      Work incentive.............................................................                  45,000                                                                       45,000

      Homemaking services.................................................                289,403                                                                    340,538

      Child support enforcement........................................             1,963,357                                                                 2,062,461

      Purchase of social services.........................................             6,044,808                                                                 6,407,386

      Federal Cuban refugee program...............................                248,288                                                                    204,237

      Indo-Chinese refugee..................................................                  57,303                                                                       31,835

      Child protection............................................................                  37,153                                                                       37,153

      Day care, Title XX.......................................................                187,000                                                                    187,000

Rehabilitation division

      Administration..............................................................                613,584                                                                    634,499

      Vocational rehabilitation............................................             3,189,405                                                                 3,252,287

      Social services—vocational rehabilitation..............                103,051                                                                    107,134

      Independent living.......................................................                449,996                                                                    599,994

      Services to the blind.....................................................                701,055                                                                    715,745

      Business enterprise contingency fund......................                  58,380                                                                       60,837


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

ê1979 Statutes of Nevada, Page 1344 (Chapter 623, SB 590)ê

 

                                                                                                               1979-1980           1980-81

             Homebound industries.........................................              $180,908                                                                  $181,275

             Social services for the blind.................................                114,849                                                                    120,676

             Alcoholism and drug rehabilitation....................             1,549,233                                                                 1,605,823

             Bureau of disability adjudication.......................             1,274,130                                                                 1,316,137

Department of the military...............................................                480,519                                                                    512,929

      Adjutant general construction fund.........................                  22,687                                                                       27,687

      Civil defense and disaster agency.............................                  67,149                                                                       67,468

             Federal disaster assistance...................................                  49,983                                                                       49,981

             RADEF program....................................................                  46,149                                                                       46,677

             Hardware program................................................                200,000                                                                    200,000

             Surplus property—National weather service grant                         ............................................................... 30,396                 31,490

             Personnel and administrative program..............                343,000                                                                    343,000

Nevada state prison—office of the director..................                246,000                                                                    260,200

      Prison warehouse fund................................................             1,500,000                                                                 2,000,000

      Nevada state prison.....................................................                  19,300                                                                       20,232

      Northern Nevada correctional center.......................                336,949                                                                    357,154

      Southern Nevada correctional center.......................                     9,100                                                                         9,602

      Nevada women’s correctional center.......................                     8,500                                                                         9,010

      Prison honor camp.......................................................                  98,632                                                                    105,354

      Restitution centers.......................................................                  96,000                                                                    144,000

      Prison grant account....................................................                125,000                                                                    125,000

Parole and probation—federal grants............................                  19,802                                                                       ---------

Commission on crime, delinquency and corrections

      Law enforcement planning agency..........................                229,567                                                                    239,902

      Peace officers’ standard and training......................                  11,440                                                                       11,440

      Crime commission—federal grants..........................             3,534,050                                                                 4,312,400

Commerce department

      Office of the director...................................................                     3,360                                                                         3,383

      Thrift companies..........................................................                     8,212                                                                         8,827

      Credit union division...................................................                  44,271                                                                       49,045

      Mobile home.................................................................                441,812                                                                    467,305

      Insurance division

             National association of insurance commissioners                         ............................................................... 15,000                 15,000

             Prepaid funeral and cemetery fund...................                     5,700                                                                         5,700

             Unclaimed life insurance fund............................                  25,000                                                                       25,000

             Insurance examiners.............................................                310,000                                                                    310,000

             Insurance recovery fund......................................                  40,000                                                                       40,000

             Insurance education and research.....................                  20,000                                                                       20,000

      Consumer affairs.........................................................                     2,000                                                                         2,000

             Disability and advocacy program......................                  59,369                                                                       61,810

      Fire marshal..................................................................                  34,788                                                                       37,507


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

ê1979 Statutes of Nevada, Page 1345 (Chapter 623, SB 590)ê

 

                                                                                                               1979-1980           1980-81

      Real estate administration.........................................              $211,000                                                                  $216,500

             Real estate education and research...................                580,000                                                                    400,000

             Real estate recovery..............................................                  50,000                                                                       50,000

             Real estate investigative fund.............................                     4,000                                                                         4,000

      Housing division...........................................................                242,935                                                                    257,555

      Banking division..........................................................                     5,000                                                                         5,000

Gaming control board.......................................................                     5,000                                                                         5,000

Gaming control board investigative fund......................             1,150,000                                                                 1,150,000

Racing commission............................................................                  17,500                                                                       18,500

      Racing—Henderson....................................................                154,152                                                                    391,926

Dairy commission..............................................................                490,011                                                                    537,805

Public service commission................................................             2,420,094                                                                 1,960,227

Labor commissioner..........................................................                     2,000                                                                         2,000

Inspector of mines.............................................................                192,707                                                                    180,438

Taxicab authority..............................................................                742,157                                                                    951,188

Department of energy

      Administration..............................................................                  76,269                                                                       78,872

      Research and development.......................................                  80,000                                                                       80,000

      Conservation and planning........................................                298,331                                                                    295,728

      Energy advisory board................................................                  10,000                                                                       10,000

      Division of Colorado River resources.......................                502,829                                                                    511,148

Department of conservation and natural resources

      Environmental protection..........................................                703,300                                                                    757,423

      Division of state lands.................................................                  20,000                                                                       20,000

      Division of water planning.........................................                  50,000                                                                       50,000

      Division of historic preservation and archeology...                497,000                                                                    497,000

      Division of state parks................................................                250,000                                                                    300,000

      State park planning and development.....................                  59,026                                                                       60,014

      Parks YCC program....................................................                  90,000                                                                       90,000

      Division of forestry......................................................                921,980                                                                    924,813

             Forestry honor camp.............................................                  85,000                                                                       85,000

             Forestry nurseries...................................................                  69,000                                                                       79,000

             Forestry fire suppression.......................................                100,000                                                                    100,000

             Forestry YACC program......................................                  27,821                                                                       29,363

             Forest and watershed rehabilitation...................                     5,000                                                                         5,000

      Division of mineral resources.....................................                  11,000                                                                       12,000

      Carey Act trust fund....................................................                  36,248                                                                       24,094

Department of wildlife......................................................             6,507,786                                                                 6,305,823

      Boat program...............................................................                649,450                                                                    671,800

Department of agriculture

      Plant industry fund......................................................                145,300                                                                    122,300

      Apiary inspection fund...............................................                  15,490                                                                       13,089

      Agriculture registration and enforcement fund......                  96,465                                                                       94,152

      Livestock inspection fund..........................................                444,000                                                                    439,257


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

ê1979 Statutes of Nevada, Page 1346 (Chapter 623, SB 590)ê

 

                                                                                                               1979-1980           1980-81

      Meat inspection............................................................                $22,718                                                                    $24,600

      Insect abatement.........................................................                  45,000                                                                       45,000

      Alfalfa seed research...................................................                  18,103                                                                       18,000

      Veterinary medical services.......................................                     5,000                                                                         5,000

Predatory animal and rodent control.............................                120,000                                                                    220,000

Sheep inspection fund.......................................................                  10,150                                                                       10,150

Woolgrowers predatory animal control..........................                  77,811                                                                       53,425

Grazing boards....................................................................                  22,000                                                                       22,000

      Department of highways (or transportation)..........        122,471,200                                                            133,094,200

Department of motor vehicles

      Record search program...............................................                480,000                                                                    792,000

      Drivers license...............................................................                240,000                                                                    240,000

      Automation division....................................................                  40,256                                                                       40,256

      Law enforcement, highway patrol............................                  80,458                                                                       81,963

      Highway patrol special fund......................................             2,952,536                                                                 3,095,674

      Highway patrol grant account...................................                  16,054                                                                       16,862

      Motor vehicle pollution control.................................                280,101                                                                    251,670

Office of traffic safety......................................................                189,670                                                                    197,749

      Traffic safety—federal grants...................................             1,070,000                                                                 1,177,000

Public employees’ retirement fund.................................             1,327,325                                                                 1,408,829

Employment security department

      Unemployment compensation administration......          14,048,786                                                               14,592,718

      Old-age survivors insurance administration............                     6,677                                                                         6,677

      Work incentive program.............................................                269,926                                                                    284,064

Comprehensive Employment and Training Act...........                863,487                                                                       70,827

Professional and vocational boards

      Board of accounting...................................................                113,400                                                                    122,472

      Board of architecture..................................................                  52,377                                                                       49,700

      Board of landscape architects...................................                     3,905                                                                         3,905

      State barbers’ health and sanitation board.............                  16,250                                                                       16,250

      Board of chiropractic examiners..............................                     7,690                                                                         7,690

      Board of contractors...................................................                611,500                                                                    646,000

      Board of cosmetology................................................                  70,000                                                                       70,000

      Board of dental examiners........................................                  11,010                                                                       11,010

      Board of registered and professional engineers......                  76,500                                                                       86,600

      Board of funeral directors and embalmers.............                     3,400                                                                         3,400

      Board of hearing aid specialists................................                     1,700                                                                         2,100

      State liquefied petroleum gas board.........................                  25,714                                                                       25,714

      Board of medical examiners.....................................                145,470                                                                    161,375

      Board of nursing..........................................................                  74,135                                                                       66,800

      Board of dispensing opticians...................................                     1,670                                                                         1,670

      Board of optometry....................................................                     6,050                                                                         6,050


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

ê1979 Statutes of Nevada, Page 1347 (Chapter 623, SB 590)ê

 

                                                                                                               1979-1980           1980-81

      Board of osteopathy...................................................                      $500                                                                          $500

      Board of pharmacy.....................................................                244,875                                                                    263,500

      Board of physical therapy examiners......................                     1,914                                                                         1,914

      Board of Oriental medicine........................................                  10,170                                                                       10,170

      Board of public health sanitarians...........................                     1,000                                                                         1,000

      Board of podiatry........................................................                     1,550                                                                         1,550

      Board of psychological examiners...........................                     3,680                                                                         3,680

      Board of examiners in veterinary medicine............                     7,785                                                                         7,785

 

      Sec. 2.  1.  Expenditure of $6,703,553 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1979, and ending June 30, 1980.

      2.  Expenditure of $7,157,566 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1980, and ending June 30, 1981.

      Sec. 3.  The funds authorized to be expended by the provisions of sections 1 and 2 of this act (except the legislative fund and the public employees’ retirement fund) must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 4.  1.  Except as provided in subsection 2, and in accordance with the provisions of S.B. 255 of the 60th session of the Nevada legislature the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2 of this act.

      2.  The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The direct of the legislative counsel bureau shall reduce the authorization whenever he determines that funds to be received will be less than the amount so authorized in section 1 of this act.

      Sec. 5.  Where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the general fund in the state treasury as well as by funds received from other sources, the portion provided by appropriation from the general fund in the state treasury must be decreased to the extent that the receipts of the funds from other sources approved by this act are exceeded, but such decrease must not jeopardize the receipts of such funds as are to be received from other sources.


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

ê1979 Statutes of Nevada, Page 1348 (Chapter 623, SB 590)ê

 

commission, institution or program is financed by an appropriation or appropriations from the general fund in the state treasury as well as by funds received from other sources, the portion provided by appropriation from the general fund in the state treasury must be decreased to the extent that the receipts of the funds from other sources approved by this act are exceeded, but such decrease must not jeopardize the receipts of such funds as are to be received from other sources.

 

________

 

 

CHAPTER 624, AB 98

Assembly Bill No. 98–Assemblymen Coulter, Banner, Barengo, Getto, Bremner, Robinson, Hickey, Rusk, Price, Prengaman, Vergiels, Mello, Bedrosian, Westall, Dini, Malone, Mann, Bergevin, Rhoads, Bennett, Sena, Cavnar, Fielding, Chaney, FitzPatrick, Jeffrey, Craddock, Marvel, Glover, Polish and Webb

CHAPTER 624

AN ACT relating to pharmacy; allowing pharmacists to fill prescriptions according to generic name under specified conditions; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  “Practitioner” means a dentist, podiatrist or veterinarian licensed to practice his profession in this state or a physician.

      Sec. 3.  If a practitioner has prescribed a drug by brand name and has indicated that a substitution may be made, a pharmacist may fill the prescription with another drug which is biologically equivalent and has the same active ingredient or ingredients of the same strength, quantity and form of dosage and is of the same generic type as the drug prescribed.

      Sec. 4.  1.  Before he makes a substitution, a pharmacist shall advise the person who presents the prescription of:

      (a) The generic drug which he proposes to substitute; and

      (b) The price difference between the drug under the brand name prescribed and the drug which the pharmacist proposes to substitute.

      2.  A pharmacist shall not make any substitution of drugs if the drug to be substituted is higher in cost than the drug prescribed by brand name.

      3.  The person presenting the prescription may refuse to accept the proposed substitution.

      Sec. 5.  When a substitution is made pursuant to sections 2 to 12, inclusive, of this act, the pharmacist shall note the name of the manufacturer, packer or distributor of the drug actually dispensed on the prescription.

      Sec. 6.  1.  Each prescription form used in this state must contain two lines for the signature of the prescriber. The line on the left must be printed above the words “substitution permitted”, and the line on the right must be printed above the words “dispense as written.”


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

ê1979 Statutes of Nevada, Page 1349 (Chapter 624, AB 98)ê

 

      2.  Substitutions may not be made in filling prescriptions written by practitioners outside the State of Nevada or in prescriptions filled outside the state and mailed into Nevada.

      Sec. 7.  No employer of a pharmacist may require the pharmacist to dispense any specific generic drug if:

      1.  Substitution is not permitted by the prescription as signed by a practitioner; or

      2.  Substitution would be against the professional judgment of the pharmacist.

      Sec. 8.  A pharmacist may not make a substitution pursuant to sections 2 to 12, inclusive, of this act unless the manufacturer of the drug which he proposes to substitute is licensed in Nevada and:

      1.  All products are dated with an expiration date on the original package.

      2.  All tablets and capsules have the manufacturer’s product identification code imprinted on them.

      3.  The manufacturer is capable of recalling unsafe or defective drugs, and has filed a statement describing its capability with the board.

      4.  The manufacturer has filed a liability statement relative to its drugs with the board.

      Sec. 9.  The board shall furnish each pharmacy in Nevada with a list of all manufacturers who are qualified pursuant to section 8 of this act. The board shall publish addenda or revised lists at least quarterly.

      Sec. 10.  A pharmacist who selects a drug for substitution assumes no greater civil liability than he assumes by filling the prescription with the drug under its brand name.

      Sec. 11.  A pharmacist who proposes to make any substitution must have made use of a list of biologically equivalent drugs which is published by the United States Food and Drug Administration.

      Sec. 12.  1.  Each pharmacy shall prominently display at or near the place where prescriptions are dispensed the following information in block letters not less than 1 inch in height:

 

       STATE LAW ALLOWS A LESS EXPENSIVE BIOLOGICALLY EQUIVALENT DRUG TO BE SUBSTITUTED FOR A DRUG DESIGNATED BY A TRADE OR BRAND NAME IF IT IS AVAILABLE AND UNLESS YOUR PHYSICIAN REQUESTS OTHERWISE. CONSULT YOUR PHARMACIST CONCERNING THE AVAILABILITY OF THE LEAST EXPENSIVE DRUG FOR YOUR USE.

 

      2.  The information required by subsection 1 may be combined with the notice required by section 1 of chapter 260, Statutes of Nevada 1979.

      Sec. 13.  This act shall become effective on October 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1350ê

 

CHAPTER 625, AB 147

Assembly Bill No. 147–Assemblymen Hayes, Stewart, Harmon, May, Barengo, Sena, Malone and Bedrosian

CHAPTER 625

AN ACT relating to elections; changing certain provisions of law regarding the place and notice given of precinct meetings; requiring election of delegates to county political conventions; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 293.135 is hereby amended to read as follows:

      293.135  1.  The county central committee of each political party in each county shall cause a precinct meeting of the registered voters of the party [, registered as such,] residing in each voting precinct entitled to delegates in the county convention, [to] which must be called and held on or before the fifth day preceding the dates set by the respective state central committees, but not later than the fifth day before the 2nd Tuesday in April in each year in which a general election is held.

      2.  The meeting [may be held:

      (a) In any building, public or private, within the precinct; or

      (b) If no suitable public or private building is available within the precinct, then in any public building within the ward or voting district, if any, in which such precinct is located.] must be held in one of the following places in the following order of preference:

      (a) Any public building within the precinct;

      (b) Any public building within the county, to accommodate any number of precincts; or

      (c) Any private building within the precinct.

      3.  The county central committee shall give notice of the meeting by:

      (a) Posting in a conspicuous place outside the building where the meeting is to be held at least 5 days prior to the date of such meeting.

      (b) Publication at least 5 days prior to the date of such meeting in one or more newspapers of general circulation in the precinct, published in the county, if any are so published. The notice [shall] must be printed in conspicuous display advertising format of not less than 10 column inches, and [shall] must include the following language, or words [to like effect:] of similar import:

 

NOTICE TO ALL VOTERS REGISTERED

IN THE (STATE NAME OF POLITICAL PARTY)

 

      Nevada state law requires each political party, in every year during which a general election is held, to cause a precinct meeting to be held in each precinct. All persons registered in that party and residing in that precinct are entitled to attend the precinct meeting. Delegates to your party’s county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meetings.


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

ê1979 Statutes of Nevada, Page 1351 (Chapter 625, AB 147)ê

 

      [(c) Such further means as conditions existing in the precinct may reasonably require.]

      4.  The notice [shall] must specify:

      (a) The date, time and place of the meeting; and

      (b) The number of delegates to the county convention to be chosen at the meeting.

      Sec. 2.  NRS 293.137 is hereby amended to read as follows:

      293.137  1.  Promptly at the time and place appointed therefor, such mass meeting [shall] must be convened and organized in each precinct. If access to the premises appointed for any such meeting is [for any reason] not available, the meeting may be convened at an accessible place immediately adjacent thereto. [All such meetings shall] Such a meeting must be conducted openly and publicly and in such a manner that [they are] it is freely accessible to any registered voter of the party calling the meeting who resides in the precinct and is desirous of attending the meeting, until the meeting is adjourned. At the meeting the delegates to which the members of the party residing in the precinct are entitled in the party’s county convention [shall] must be elected by ballot. The result of the election [shall] must be certified to the county convention of the party by the chairman and the secretary of the meeting upon the forms specified in subsection 3.

      2.  [If any precinct fails to elect delegates to any party’s county convention, the county central committee then in office may fill the vacancies from qualified members of the party in such precinct, and the secretary of the county central committee shall certify the same to the county convention.] At the precinct meetings, the delegates and alternates to the party’s convention must be elected. If a meeting is not held for a particular precinct at the location specified, that precinct must be without representation at the county convention unless the meeting was scheduled, with proper notice, and no registered voter of the party appeared. In that case, the meeting shall be deemed to have been held and the position of delegate is vacant. If a position of delegate is vacant, it must be filled by the designated alternate, if any. If there is no designated alternate, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.

      3.  The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting. Each certificate [shall] must be in duplicate. The original [shall] must be given to the elected delegate, and the duplicate transmitted to the county central committee.

      4.  All such duplicates [shall] must be delivered to the chairman of the preliminary credentials committee of the county convention. Every delegate who presents a certificate matching one of the duplicates [shall] must be seated without dispute.

      5.  Each political party shall adopt written rules not less than 95 days before the date set by the state central committee or fixed by law for the county convention or by January 1 of the calendar year of the national convention or conference, whichever is earlier, governing, but not limited to, the following procedures:

 


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

ê1979 Statutes of Nevada, Page 1352 (Chapter 625, AB 147)ê

 

national convention or conference, whichever is earlier, governing, but not limited to, the following procedures:

      (a) The selection, rights and duties of committees of a convention;

      (b) Challenges to credentials of delegates; and

      (c) Majority and minority reports of committees.

 

________

 

 

CHAPTER 626, AB 191

Assembly Bill No. 191–Committee on Health and Welfare

CHAPTER 626

AN ACT relating to psychologists; revising the board’s schedule of fees; providing for confidentiality of applicants’ records; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 641.090 is hereby amended to read as follows:

      641.090  1.  The secretary-treasurer shall make and keep [,] on behalf of the board: [, the following:]

      (a) A record of all its meetings and proceedings.

      (b) A record of all violations and prosecutions under the provisions of this chapter.

      (c) A record of all examinations of applicants.

      (d) A register of all certificates.

      (e) A register of all certificate holders.

      (f) An inventory of the property of the board and of the state in the board’s possession.

      2.  [All records of the board shall] These records must be kept in the office of the board and [shall be] are subject to public inspection [,] during normal working hours [,] upon reasonable notice.

      3.  The board may keep the personnel records of applicants confidential.

      Sec. 2.  NRS 641.180 is hereby amended to read as follows:

      641.180  [Each] The board shall give each applicant for a certificate [shall be given] a written examination [by the board] on his knowledge of psychology. In addition, the board may require an oral examination. The examination [shall] must be given at least once a year, and may be given more often if deemed necessary by the board. The examination [shall] must be given at a time and place, and under such supervision, as the board may determine. A grade of 75 percent [shall be] is a passing grade. The board may examine in whatever applied or theoretical fields it deems appropriate.

      Sec. 3.  NRS 641.370 is hereby amended to read as follows:

      641.370  The board shall fix, by regulation, the amount of the fees payable to [the board] it pursuant to this chapter, [shall be fixed by the board] according to the following schedule:

      1.  Examination fee................................................................................. [$25]         $85


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

ê1979 Statutes of Nevada, Page 1353 (Chapter 626, AB 191)ê

 

      2.  Certification fee...........................................................................................          $15

      3.  Biennial registration fee, not [less than $20 nor more than $80, as determined by the board.] more than $100.

      4.  Restoration of a certificate revoked for nonpayment of the biennial registration fee, not [less than $20 nor more than $80, as determined by the board.] more than $100.

      5.  Application fee...................................................................................... [10]           25

      6.  Certification by endorsement under the provisions of NRS 641.190      50

      Sec. 4.  NRS 641.210 is hereby repealed.

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

 

________

 

 

CHAPTER 627, AB 210

Assembly Bill No. 210–Assemblyman Westall

CHAPTER 627

AN ACT relating to the state personnel system; revising certain disciplinary procedures; and providing other matters properly relating thereto.

 

[Approved June 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:

      The commission shall adopt by regulation a system for administering disciplinary measures against a state employee in which, except in cases of serious violations of law or regulations, less severe measures are applied at first, after which more severe measures are applied only if less severe measures have failed to correct the employee’s deficiencies.

      Sec. 2.  NRS 284.376 is hereby amended to read as follows:

      284.376  1.  Within 30 days after receipt of notice of a transfer pursuant to the provisions of NRS 284.375, a permanent classified employee who has been transferred without his consent may [, in writing,] request in writing a hearing before the hearing officer of the personnel division to determine whether the transfer was made for the purpose of harassing [such] the employee. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive.

      2.  [The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing or review calendar of the hearing officer, in which case the hearing shall be scheduled for the earliest possible date after the expiration of the 20 days. The technical rules of evidence do not apply at such hearing.

      3.  After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.


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ê1979 Statutes of Nevada, Page 1354 (Chapter 627, AB 210)ê

 

officer shall render his decision in writing, setting forth the reasons therefor.

      4.] If the hearing officer determines that the transfer was made for the purpose of harassing the employee, the transfer [shall] must be set aside and the employee shall be returned to his former position. If [such] the transfer caused the employee to be away from his original headquarters, the employee [shall] is entitled to be paid expense allowances as provided in NRS 281.160 for the period of time the transfer was in effect.

      5.  The decision of the hearing officer is binding on the parties, but is subject to review and rehearing by the commission.

      Sec. 3.  NRS 284.391 is hereby amended to read as follows:

      284.391  1.  The hearing officer or the commission or any member thereof may, upon application of any party to a hearing held pursuant to NRS 284.390 [,] or 284.376, [or 284.377,] issue subpenas requiring the attendance and testimony of witnesses at [such] the proceeding.

      2.  The hearing officer may, upon motion of a party, direct that an opposing party participate in a discovery conference at which both parties and their counsel may put questions to the other party and receive answers, or request and receive copies of relevant documents or examine relevant documents and records and any other physical evidence which the opposing party intends to use at the hearing.

      3.  The hearing officer or any member of the commission, or any agent or agency designated by the commission for such purposes, may administer oaths and affirmations and examine witnesses.

      Sec. 4.  NRS 284.392 is hereby amended to read as follows:

      284.392  [The] A subpena issued pursuant to NRS 284.391 [shall extend] extends to all parts of the state and [shall] must be served in accordance with the provisions of N.R.C.P. 4(c). No witness [shall] may be required to attend at a place out of the county in which he resides unless the distance is less than 100 miles from his place of residence, except, upon affidavit of any party showing that the testimony of [such] that witness is material and necessary, the hearing officer or the commissioner may endorse on the subpena an order requiring the attendance of [such] the witness in response to [such] the subpena.

      Sec. 5.  NRS 284.393 is hereby amended to read as follows:

      284.393  1.  All witnesses appearing pursuant to subpena, other than parties or officers or employees of the state or any political subdivision thereof, [shall] are entitled to receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for witnesses in civil actions in the district courts.

      2.  Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to fees and mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.

      3.  Fees for subsistence and transportation expenses [shall] must be paid by the party at whose request the witness is subpenaed. The hearing officer or the commission may award as costs the amount of all such expenses to the prevailing party.


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ê1979 Statutes of Nevada, Page 1355 (Chapter 627, AB 210)ê

 

hearing officer or the commission may award as costs the amount of all such expenses to the prevailing party.

      Sec. 6.  NRS 284.377 is hereby repealed.

 

________

 

 

CHAPTER 628, AB 325

Assembly Bill No. 325–Committee on Ways and Means

CHAPTER 628

AN ACT making an appropriation from the state general fund to the department of highways for replacement of obsolete road maintenance equipment and vehicles; and providing other matters properly relating thereto.

 

[Approved June 2, 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 department of highways the sum of $5,000,000 for the purpose of replacing obsolete road maintenance equipment and vehicles.

      Sec. 2.  After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.

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

 

________

 

 

CHAPTER 629, AB 333

Assembly Bill No. 333–Committee on Judiciary

CHAPTER 629

AN ACT relating to liability in tort; creating joint as well as several liability of multiple defendants where plaintiff is contributorily negligent; changing a provision for contribution among tortfeasors; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 17.225 is hereby amended to read as follows:

      17.225  1.  Except as otherwise provided in [NRS 17.215 to 17.325,] this section and NRS 17.235 to 17.305, inclusive, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

      2.  The right of contribution exists only in favor of a tortfeasor who has paid more than his [pro rata] equitable share of the common liability, and his total recovery is limited to the amount paid by him in excess of his [pro rata] equitable share.


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ê1979 Statutes of Nevada, Page 1356 (Chapter 629, AB 333)ê

 

excess of his [pro rata] equitable share. No tortfeasor is compelled to make contribution beyond his own [pro rata] equitable share of the entire liability.

      3.  A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.

      Sec. 2.  NRS 17.265 is hereby amended to read as follows:

      17.265  NRS [17.215 to 17.325,] 17.225 to 17.305, inclusive, do not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.

      Sec. 3.  NRS 17.275 is hereby amended to read as follows:

      17.275  A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s [pro rata] equitable share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.

      Sec. 4.  NRS 17.295 is hereby amended to read as follows:

      17.295  In determining the [pro rata] equitable shares of tortfeasors in the entire liability:

      1.  [Their relative degrees of fault shall not be considered;

      2.]  If equity requires, the collective liability of some as a group [shall constitute] constitutes a single share; and

      [3.]2.  Principles of equity applicable to contribution generally [shall] apply.

      Sec. 5.  NRS 17.305 is hereby amended to read as follows:

      17.305  NRS [17.215 to 17.325,] 17.225 to 17.305, inclusive, do not apply to breaches of trust or of other fiduciary obligation.

      Sec. 6.  NRS 41.141 is hereby amended to read as follows:

      41.141  1.  In any action to recover damages for death or injury to persons or for injury to property in which contributory negligence may be asserted as a defense, the contributory negligence of the plaintiff [shall] or his decedent does not bar a recovery if [the] that negligence [of the person seeking recovery] was not greater than the negligence or gross negligence of the person or persons against whom recovery is sought, but any damages allowed [shall] must be diminished in proportion to the amount of negligence attributable to the person seeking recovery [.] or his decedent.

      2.  In [such] those cases, the judge may [,] and when requested by any party shall instruct the jury that:

      (a) The plaintiff may not recover if his contributory negligence or that of his decedent has contributed more to the injury than the negligence of the defendant or the combined negligence of multiple defendants.

      (b) If the jury determines the plaintiff is entitled to recover, it shall return [by] :


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

ê1979 Statutes of Nevada, Page 1357 (Chapter 629, AB 333)ê

 

             (1) By general verdict the total amount of damages the plaintiff would be entitled to recover [except for] without regard to his contributory negligence.

      [(c) If the jury determines that a party is entitled to recover, it shall return a]

             (2) A special verdict indicating the percentage of negligence attributable to each party.

      [(d) The percentage of negligence attributable to the person seeking recovery shall reduce the amount of such recovery by the proportionate amount of such negligence.]

             (3) By general verdict the net sum determined to be recoverable by the plaintiff.

      3.  Where recovery is allowed against more than one defendant in such an action [:

      (a) The] , the defendants are jointly and severally liable to the plaintiff [.] , except that a defendant whose negligence is less than that of the plaintiff or his decedent is not jointly liable and is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to him.

      [(b) Each defendant’s liability shall be in proportion to his negligence as determined by the jury, or judge if there is no jury. The jury or judge shall apportion the recoverable damages among the defendants in accordance with the negligence determined.]

      Sec. 7.  NRS 17.215, 17.315, 17.325 and 698.310 are hereby repealed.

 

________

 

 

CHAPTER 630, AB 348

Assembly Bill No. 348–Assemblymen Robinson and Mello

CHAPTER 630

AN ACT relating to administrative regulations; permitting the legislative commission to appoint a committee to examine adopted regulations; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After its hearing on a proposed regulation, the agency shall submit an original and four copies of each regulation adopted, except an emergency regulation or a temporary regulation, to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall cause to be indorsed on the original and duplicate copies of each adopted regulation the [time and] date of their [filing] receipt and shall maintain one copy of the regulation in a file and available for public inspection for [a period of] 2 years.


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

ê1979 Statutes of Nevada, Page 1358 (Chapter 630, AB 348)ê

 

      2.  The legislative commission or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 3 working days before the meeting [, or] and a regular meeting is held within 35 days [, whichever occurs first.] after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held. If the commission [fails to complete its review of the regulation within that time,] or committee does not object to a regulation within 35 days after its receipt, the director of the legislative counsel bureau shall promptly file the regulation with the secretary of state and notify the agency of the filing. If the committee objects to a regulation, the director shall not file it but shall present it to the commission at the next meeting.

      3.  The legislative commission shall notify the director of the results of its review. If the commission does not object to a regulation, the director shall accept the regulation as it was submitted, promptly file the regulation with the secretary of state and notify the agency of the filing. If the commission determines that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of its objection, including a statement of the reasons for its objection, and shall return the regulation to the agency.

      4.  The agency may revise the regulation and return it to the legislative commission, or it may return the regulation, with the notice of objection attached, without change. If the agency returns a revised regulation to the commission, the director shall circulate it among the members and, if there is no objection to the revision, he shall promptly file the regulation with the secretary of state and notify the agency of the filing. If any member of the commission objects to the revised regulation or if the regulation is returned to the commission without change and the legislature is:

      (a) In regular session, the director of the legislative counsel bureau shall transmit the regulation, with the notice of objection attached, to the president of the senate and the speaker of the assembly for referral to the appropriate standing committee of each house of the legislature.

      (b) Not in regular session, the director shall promptly file the regulation with the secretary of state and notify the agency of the filing. On the first day of the next regular session of the legislature, the director shall transmit the regulation together with the notice of objection to the president of the senate and the speaker of the assembly for such action as those bodies may determine to be proper.

      5.  The legislative commission may provide for:

      (a) Early review of regulations by the commission, after the agency gives notice of its hearing on the regulation and before the hearing is held, if the regulation which is adopted after the hearing is identical to the regulation submitted for early review.

      (b) A waiver of its review of a regulation in cases of administrative convenience or necessity.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1359ê

 

CHAPTER 631, AB 365

Assembly Bill No. 365–Committee on Environment and Public Resources

CHAPTER 631

AN ACT relating to fish and game; making certain revisions to the schedule of fees for licenses, permits and tags; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 502.240 is hereby amended to read as follows:

      502.240  [Annual] The department shall issue annual licenses and limited permits: [shall be issued:]

      1.  To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $2 for an annual fishing or hunting license.

      2.  Except as provided in section 1 of [this act,] Assembly Bill No. 558 of the 60th session of the Nevada legislature, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:

 

For a fishing license...................................................................................        $10.00

For a 10-day permit to fish......................................................................             7.50

For a 3-day permit to fish........................................................................             5.00

For a hunting license....................................................................... [7.00]       $10.00

For a trapping license..................................................................... [7.50]          10.00

For a fur dealer’s license...........................................................................             5.00

For an annual master guide’s license.....................................................        100.00

For an annual subguide’s license............................................................           50.00

 

      3.  To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, [and] Lake Mead [,] and Lake Mohave, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed [$10).] $20).

      4.  Except as provided in subsection 3, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:

 

For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, [and] Lake Mead [,] and Lake Mohave, which license shall cost a sum agreed upon by the commision and the Arizona Game and Fish Commission, but not to exceed [$10)] $20)..................................        $20.00

For a 10-day permit to fish......................................................................           10.00

For a 3-day permit to fish........................................................................ 7.50 For a hunting license           [$40.00]   $50.00

 


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

ê1979 Statutes of Nevada, Page 1360 (Chapter 631, AB 365)ê

 

For a hunting license.................................................................. [$40.00]       $50.00

For an annual trapper’s license.................................................. [35.00]          50.00

For a fur dealer’s license...........................................................................           35.00

For an annual master guide’s license.....................................................        200.00

For an annual subguide’s license............................................................        100.00

 

      5.  To any person, without regard to residence, upon the payment of:

 

For a noncommercial breeding ground..................................................           $5.00

For a commercial or private shooting preserve....................................           35.00

For a commercial breeding ground.........................................................           35.00

For a commercial fish hatchery..............................................................           35.00

For a private noncommercial fish hatchery.........................................             5.00

For a trained animal act license..............................................................           10.00

For a live bait dealer’s permit..................................................................           50.00

For a competitive field trials permit.......................................................             5.00

For a falconry license................................................................................           15.00

For an importation permit........................................................................             2.00

For an import eligibility permit................................................................           25.00

[For a tropical fish dealer’s permit..........................................................         25.00]

For an exportation permit.......................................................................             2.00

For a live bait seining and transporting permit.....................................             2.00

 

      Sec. 2.  NRS 502.250 is hereby amended to read as follows:

      502.250  1.  The following fees [shall be] are in effect:

 

Resident deer tag for regular season......................................................           $5.00

Nonresident and alien deer tag for regular season...............................           50.00

[Nonresident and alien deer tag for hunting deer by bow and arrow                           10.00]

Resident antelope tag...............................................................................           25.00

Resident elk tag..........................................................................................           25.00

Resident bighorn tag.................................................................................           50.00

Resident mountain lion tag......................................................................           10.00

Nonresident bighorn tag...........................................................................        250.00

Nonresident mountain lion tag................................................................        100.00

 

      2.  Other resident big game tags for special seasons [shall] must not exceed $50. Other nonresident big game tags for special seasons [shall] must not exceed $250.

      3.  Tags determined to be necessary by the commission for other species under NRS 502.130, [shall] must not exceed $10.

      4.  A fee not to exceed $2 may be charged for processing an application for tags for special seasons.

      Sec. 3.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1361ê

 

CHAPTER 632, AB 366

Assembly Bill No. 366–Committee on Commerce

CHAPTER 632

AN ACT relating to planning and zoning; changing the scope of certain unlawful acts relating to the subdivision of land; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      If any property in a subdivision is offered for sale before a final map is recorded for that subdivision, the seller or his agent shall disclose to any potential buyer that the final map has not been recorded.

      Sec. 2.  NRS 278.590 is hereby amended to read as follows:

      278.590  1.  It is unlawful for any person [to offer to sell,] to contract to sell, to sell or to transfer any subdivision or any part thereof, or land divided pursuant to a parcel map, until the final map or parcel map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, and any local ordinance has been [duly] recorded in the office of the recorder of the county in which any portion of the subdivision or land divided is located.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor and is liable for a civil penalty of not more than $300 for each lot or parcel [offered,] sold or transferred.

      3.  This section does not bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person [, firm or corporation] may otherwise be entitled, and any such municipality or other political subdivision or person [, firm or corporation] may file suit in the district court of the county in which any property attempted to be divided or sold in violation of NRS 278.010 to 278.630, inclusive, is located to restrain or enjoin any attempted or proposed division or [sale] transfer in violation of NRS 278.010 to 278.630, inclusive.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1362ê

 

CHAPTER 633, AB 413

Assembly Bill No. 413–Assemblymen Rhoads, Hayes, Mann, Marvel, Bergevin, Polish, Robinson, Banner, Hickey, Horn, Brady, Dini, Glover, Chaney, Bennett, Tanner, Stewart, FitzPatrick, Price, Prengaman, Fielding, Sena, Craddock, Barengo, Cavnar, May, Getto, Bremner, Malone, Westall, Vergiels, Weise, Harmon, Rusk, Webb, Jeffrey and Mello

CHAPTER 633

AN ACT relating to public lands; creating a board of review; providing for state control of certain lands within the state boundaries; providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  The legislature finds that:

      1.  The State of Nevada has a strong moral claim upon the public land retained by the Federal Government within Nevada’s borders because:

      (a) On October 31, 1864, the Territory of Nevada was admitted to statehood on the condition that it forever disclaim all right and title to unappropriated public land within its boundaries;

      (b) From 1850 to 1894, newly admitted states received 2 sections of each township for the benefit of common schools, which in Nevada amounted to 3.9 million acres;

      (c) In 1880 Nevada agreed to exchange its 3.9-million-acre school grant for 2 million acres of its own selection from public land in Nevada held by the Federal Government;

      (d) At the time the exchange was deemed necessary because of an immediate need for public school revenues and because the majority of the original federal land grant for common schools remained unsurveyed and unsold;

      (e) Unlike certain other states, such as New Mexico, Nevada received no land grants from the Federal Government when Nevada was a territory;

      (f) Nevada received no land grants for insane asylums, schools of mines, schools for the blind and deaf and dumb, normal schools, miner’s hospitals or a governor’s residence as did states such as New Mexico; and

      (g) Nevada thus received the least amount of land, 2,572,478 acres, and the smallest percentage of its total area, 3.9 percent, of the land grant states in the far west admitted after 1864, while states of comparable location and soil, namely Arizona, New Mexico and Utah, received approximately 11 percent of their total area in federal land grants.

      2.  The State of Nevada has a legal claim to the public land retained by the Federal Government within Nevada’s borders because:

      (a) In the case of the State of Alabama, a renunciation of any claim to unappropriated lands similar to that contained in the ordinance adopted by the Nevada constitutional convention was held by the Supreme Court of the United States to be “void and inoperative” because it denied to Alabama “an equal footing with the original states” in Pollard v.


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

ê1979 Statutes of Nevada, Page 1363 (Chapter 633, AB 413)ê

 

it denied to Alabama “an equal footing with the original states” in Pollard v. Hagan, 44 U.S. (3 How.) 212 (1845);

      (b) The State of Texas, when admitted to the Union in 1845, retained ownership of all unappropriated land within its borders, setting a further precedent which inured to the benefit of all states admitted later “on an equal footing”; and

      (c) The Northwest Ordinance of 1787, adopted into the Constitution of the United States by the reference of Article VI to prior engagements of the Confederation, first proclaimed the “equal footing” doctrine, and the treaty of Guadelupe Hidalgo, by which the territory including Nevada was acquired from Mexico and which is “the supreme law of the land” by virtue of Article VI, affirms it expressly as to the new states to be organized therein.

      3.  The exercise of broader control by the State of Nevada over the public lands within its borders would be of great public benefit because:

      (a) Federal holdings in the State of Nevada constitute 86.7 percent of the area of the state, and in Esmeralda, Lincoln, Mineral, Nye and White Pine counties the Federal Government controls from 97 to 99 percent of the land;

      (b) Federal jurisdiction over the public domain is shared among 17 federal agencies or departments which adds to problems of proper management of land and disrupts the normal relationship between a state, its residents and its property;

      (c) None of the federal lands in Nevada are taxable and Federal Government activities are extensive and create a tax burden for the private property owners of Nevada who must meet the needs of children of Federal Government employees, as well as provide other public services;

      (d) Under general land laws only 2.1 percent of federal lands in Nevada have moved from federal control to private ownership;

      (e) Federal administration of the retained public lands, which are vital to the livestock and mining industries of the state and essential to meet the recreational and other various uses of its citizens, has been of uneven quality and sometimes arbitrary and capricious; and

      (f) Federal administration of the retained public lands has not been consistent with the public interest of the people of Nevada because the Federal Government has used those lands for armament and nuclear testing thereby rendering many parts of the land unusable and unsuited for other uses and endangering the public health and welfare.

      4.  The intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states.

      5.  The attempted imposition upon the State of Nevada by the Congress of the United States of a requirement in the enabling act that Nevada “disclaim all right and title to the unappropriated public lands lying within said territory,” as a condition precedent to acceptance of Nevada into the Union, was an act beyond the power of the Congress of the United States and is thus void.

      6.  The purported right of ownership and control of the public lands within the State of Nevada by the United States is without foundation and violates the clear intent of the Constitution of the United States.


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

ê1979 Statutes of Nevada, Page 1364 (Chapter 633, AB 413)ê

 

within the State of Nevada by the United States is without foundation and violates the clear intent of the Constitution of the United States.

      7.  The exercise of such dominion and control of the public lands within the State of Nevada by the United States works a severe, continuous and debilitating hardship upon the people of the State of Nevada.

      Sec. 3.  As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:

      1.  “Division” means the division of state lands of the state department of conservation and natural resources.

      2.  “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      (a) To which title is held by any private person or entity;

      (b) To which title is held by the State of Nevada, any of its local governments or the University of Nevada System;

      (c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;

      (d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      (e) Which are held in trust for Indian purposes or are Indian reservations.

      Sec. 3.5.  1.  There is hereby created a board of review composed of the:

      (a) Director of the state department of conservation and natural resources;

      (b) Administrator of the division of environmental protection of the state department of conservation and natural resources;

      (c) Administrator of the division of mineral resources of the state department of conservation and natural resources;

      (d) Administrator of the division of state parks of the state department of conservation and natural resources;

      (e) State engineer;

      (f) State forester firewarden;

      (g) Chairman of the state environmental commission;

      (h) Director of the department of energy; and

      (i) Executive director of the state department of agriculture.

      2.  The chairman of the state environmental commission shall serve as chairman of the board.

      3.  The board shall meet at such times and places as are specified by a call of the chairman. Five members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.

      4.  Except as provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission is entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and the travel expenses and subsistence allowances provided by law for state officers.

      5.  The board:

      (a) Shall review and approve or disapprove all regulations proposed by the state land registrar under section 4 of this act.

      (b) May review any decision of the state land registrar made pursuant to sections 2 to 9, inclusive, of this act if an appeal is taken pursuant to section 8.5 of this act, and affirm, modify or reverse the decision.


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

ê1979 Statutes of Nevada, Page 1365 (Chapter 633, AB 413)ê

 

to sections 2 to 9, inclusive, of this act if an appeal is taken pursuant to section 8.5 of this act, and affirm, modify or reverse the decision.

      Sec. 4.  1.  The division shall hold the public lands of the state in trust for the benefit of the people of the state and shall manage them in an orderly and beneficial manner consistent with the public policy declared in section 6 of this act.

      2.  The state land registrar may with the approval of the board of review adopt regulations necessary to manage the public lands in an orderly and beneficial manner and to carry out the provisions of sections 2 to 9, inclusive, of this act and the public trust created in those sections.

      3.  Except as provided in this subsection, the state land registrar may contract for or employ such professional and clerical personnel as are needed to carry out his functions. Any contract for professional services must be approved by the state board of examiners and any money necessary to compensate those persons must be approved for expenditure by the legislature or the interim finance committee.

      Sec. 5.  1.  Subject to existing rights, all public lands in Nevada and all minerals not previously appropriated are the property of the State of Nevada and subject to its jurisdiction and control.

      2.  Until equivalent measures are enacted by the State of Nevada, the rights and privileges of the people of the State of Nevada under the National Forest Reserve Transfer Act (16 U.S.C. §§ 471 et seq.), the General Mining Laws (30 U.S.C. §§ 21 et seq.), the Homestead Act (43 U.S.C. §§ 161 et seq.), the Taylor Grazing Act (43 U.S.C. §§ 315 et seq.), the Desert Land Act (43 U.S.C. §§ 321 et seq.), the Carey Act (43 U.S.C. §§ 641 et seq.) and the Public Rangelands Improvement Act (43 U.S.C. §§ 1901 et seq.) and all rights-of-way and easements for public utilities must be preserved under administration by the state.

      3.  Public lands in Nevada which have been administered by the United States under international treaties or interstate compacts must continue to be administered by the state in conformance with those treaties or compacts.

      Sec. 6.  The public lands of Nevada must be administered in such a manner as to conserve and preserve natural resources, wildlife habitat, wilderness areas, historical sites and artifacts, and to permit the development of compatible public uses for recreation, agriculture, ranching, mining and timber production and the development, production and transmission of energy and other public utility services under principles of multiple use which provide the greatest benefit to the people of Nevada.

      Sec. 7.  1.  Except as provided in subsection 2, no sale, conveyance or other disposal of the public lands may be permitted or authorized by the state land registrar, unless specifically authorized by an act of the legislature enacted after July 1, 1979.

      2.  To the extent that the public lands may be conveyed, leased, permitted, or licensed by the Federal Government or any of its agencies, the state land registrar is hereby authorized to convey, lease, license or permit the use of public lands to the same extent or in the same manner as those lands are conveyed, leased, licensed, or permitted to be used by the Federal Government or any of its agencies.

      3.  All proceeds of fees, rents, royalties or other money paid to the state under sections 2 to 9, inclusive, of this act must be deposited with the state treasurer for credit to the state general fund.


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

ê1979 Statutes of Nevada, Page 1366 (Chapter 633, AB 413)ê

 

state under sections 2 to 9, inclusive, of this act must be deposited with the state treasurer for credit to the state general fund.

      Sec. 8.  1.  Except as it is authorized pursuant to section 5 of this act or except as it may be authorized by the state land registrar pursuant to any authority conferred upon him by law, any sale, lease, exchange, encumbrance or other disposal of any parcel of or any interest in the public lands is void.

      2.  Any person who intends to perform or who actually carries out any act with respect to the use, management or disposal of any of the public lands under color of any statute, ordinance, regulation, custom or usage of the United States or otherwise, shall obtain written authorization from the state land registrar approving or confirming any such act, which authorization shall be given only to the extent it is authorized under the laws of this state.

      3.  Any person who does not obtain written authorization from the state land registrar as required by subsection 2 may be enjoined by the state land registrar from attempting to perform or continuing to carry out any act respecting the use, management or disposal of any of the public lands in any court of competent jurisdiction of this state within whose jurisdiction any of the affected public lands are located or the person resides.

      4.  Any person who receives any money or other consideration for any purported sale or other disposition of any public land which was made contrary to the provisions of sections 2 to 9, inclusive, of this act is liable to the state for that money or for the value of any other consideration. The money may be recovered in an action brought by the state land registrar in a court of competent jurisdiction of this state within whose jurisdiction any of the affected public lands are located or the person resides.

      Sec. 8.5.  1.  Any person who is aggrieved by a decision of the state land registrar made pursuant to sections 2 to 9, inclusive, of this act may appeal by letter to the board of review within 30 days after the date of the decision from which the appeal is taken. The letter must set out:

      (a) The decision from which the appeal is taken;

      (b) Legal grounds for the contention of the appellant that the decision exceeds the authority of the state land registrar; and

      (c) Facts to support the contention,

with sufficient particularity to permit the state land registrar to prepare for a hearing.

      2.  Upon receiving the letter, the board may:

      (a) Dismiss the appeal if it appears from the letter to lack any merit; or

      (b) Set a date for a hearing of the appeal which must be not less than 15 days nor more than 45 days after the date on which the board receives the letter. The board shall notify the state land registrar and the appellant of the date, time and place of the hearing.

      3.  Any hearing held by the board must be informal.

      4.  The state land registrar or his representative shall present at the hearing the facts considered in reaching his decision. The appellant or his representative may present matters in support of his contention that the state land registrar’s decision exceeds his authority.

      5.  If the appellant does not appear in person or by representative, the board may consider the matters set forth in his letter of appeal and may dismiss the appeal or take any other action which it finds to be reasonable and proper.


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

ê1979 Statutes of Nevada, Page 1367 (Chapter 633, AB 413)ê

 

dismiss the appeal or take any other action which it finds to be reasonable and proper.

      6.  The board shall issue its order as soon as practicable after conducting the hearing. The order of the board is a final decision in a contested case.

      Sec. 9.  The attorney general may initiate or defend any action commenced in any court to carry out or enforce the provisions of sections 2 to 9, inclusive, of this act or seek any appropriate judicial relief to protect the interests of the state or the people of the state in the public lands. The right to enforce the provisions of sections 2 to 9, inclusive, of this act vests exclusively in the attorney general.

      Sec. 10.  1.  The department of conservation and natural resources shall conduct an inventory and a study of the public lands of Nevada to determine, in conjunction with the respective boards of county commissioners and the planning commissions of the several counties, the methods of management that will best satisfy the requirements of section 6 of this act and establish a basis for determining the best uses of the land.

      2.  The department of conservation and natural resources shall submit a report of its findings and recommendations to the 61st session of the legislature.

      Sec. 11.  There is hereby appropriated to the interim finance committee from the state general fund the sum of $250,000 for the biennium beginning July 1, 1979, and ending June 30, 1981, for the support of the state land registrar and the division of state lands of the state department of conservation and natural resources in carrying out the purposes of this act, and for the attorney general for any litigation arising out of this act. All costs of litigation incurred by the attorney general in enforcing the provisions of this act are a charge upon the appropriation made in this section.

 

________

 

 

CHAPTER 634, AB 416

Assembly Bill No. 416–Committee on Judiciary

CHAPTER 634

AN ACT relating to coroners; providing that sheriffs rather than justices of the peace are ex officio county coroners in counties where the office of coroner has not been created by ordinance; providing separately for coroner’s inquests; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 4.340 is hereby amended to read as follows:

      4.340  1.  Whenever any justice of the peace, in consequence of ill health, absence from his township, or other cause, is prevented from attending to his official duties, he may invite any other duly qualified justice of the peace of the same county to attend to his official duties, including those of registry agent.


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ê1979 Statutes of Nevada, Page 1368 (Chapter 634, AB 416)ê

 

including those of registry agent. [and coroner.] If he does not invite such a justice of the peace, the board of county commissioners may do so. A temporary vacancy resulting from absence, disability or other cause shall not be so filled for more than 30 days at any one time.

      2.  Where there is only one justice of the peace in any county and he, in consequence of ill health, absence from his township, or other cause, is prevented from attending to his official duties, he may invite any other duly qualified justice of the peace of some other county to attend to his official duties, including those of registry agent. [and coroner.] If he does not invite such a justice of the peace, the board of county commissioners may do so. A temporary vacancy resulting from absence, disability or other cause [shall] must not be so filled for more than 30 days at any one time.

      3.  A justice of the peace temporarily acting in the place of another justice of the peace [shall have] has no claim for services rendered by him under this section against the county in which he may so temporarily reside.

      Sec. 2.  NRS 259.010 is hereby amended to read as follows:

      259.010  1.  Every [township] county in this state [is hereby made] constitutes a coroner’s district, except [in any] a county where a coroner is appointed pursuant to the provisions of NRS 244.163.

      2.  The provisions of this chapter, except NRS 259.150 to 259.180, inclusive, do not apply to any county where a coroner is appointed pursuant to the provisions of NRS 244.163.

      Sec. 3.  NRS 259.020 is hereby amended to read as follows:

      259.020  [All justices of the peace] Except in any county where a coroner is appointed pursuant to NRS 244.163, all sheriffs in this state are [hereby made] ex officio coroners.

      Sec. 4.  NRS 259.030 is hereby amended to read as follows:

      259.030  [1.] The coroner [shall have authority to perform all the duties of a coroner within the township where he, as a justice of the peace, resides. In a township where there is no qualified justice of the peace, or the office of justice of the peace is vacant or the justice of the peace is absent or unable to attend, the justice of the peace residing nearest to the place where the services of a coroner are required, irrespective of the county or township division, may perform the duties of coroner and shall have the same authority in that township as in the township where he resides.

      2.  The county where the services of the coroner are performed shall pay the travel and per diem expenses as provided by law for the payment of county officers.] is entitled to allowances for the expenses of any travel and subsistence which he necessarily incurs in the performance of his duties.

      Sec. 5.  NRS 259.040 is hereby amended to read as follows:

      259.040  1.  All [justices of the peace as ex officio] coroners may appoint a deputy or deputies, who [shall have the power to] may transact such official business [appertaining] pertaining to the offices as their principals [shall] direct. [Ex officio coroners shall be] Coroners are responsible for the compensation of the deputy or deputies, and [shall be] are responsible on their official bonds for all official malfeasance or nonfeasance of the [same.] deputy or deputies.


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ê1979 Statutes of Nevada, Page 1369 (Chapter 634, AB 416)ê

 

      2.  All appointments of deputies [shall] must be made in writing [,] and [shall,] must, with the oath of office, be filed in the office of the recorder of the county within which the principal holds and exercises his office.

      Sec. 6.  NRS 259.050 is hereby amended to read as follows:

      259.050  1.  When a [justice of the peace, acting as] coroner [,] or his deputy [,] is informed that a person has been killed, has committed suicide or has suddenly died under such circumstances as to afford reasonable ground to suspect that the death has been occasioned by unnatural means, he shall [:

      (a) Go to the place where the body is and] make an appropriate investigation.

      [(b) Proceed to hold an inquest into the cause of death.]

      2.  In all cases where it is apparent or can be reasonably inferred that the death may have been caused by a criminal act, the [justice of the peace, acting as] coroner [,] or his deputy [,] shall notify the district attorney [and the sheriff] of the county where the inquiry is made, and the district attorney [and sheriff] shall make an investigation with the assistance of the [justice of the peace, acting as] coroner. If the sheriff is not ex officio the coroner, the coroner shall also notify the sheriff, and the district attorney and sheriff shall make the investigation with the assistance of the coroner.

      3.  The holding of [an inquest, as provided by this chapter,] a coroner’s inquest is within the sound discretion of the district attorney or district judge of the county. [, and such] An inquest need not be conducted in any case of death manifestly occasioned by natural cause, suicide, accident or when it is publicly known that the death was caused by a person already in custody [. However,] , but an inquest [shall] must be held unless the district attorney or a district judge certifies that no inquest is required.

      4.  If an inquest is [held the justice of the peace, acting as coroner, or his deputy, shall, in addition to notifying the district attorney and the sheriff,] to be held, the district attorney shall call upon a justice of the peace of the county to preside over it. The justice of the peace shall summon three persons qualified by law to serve as jurors, to appear before him forthwith at the place where the body is or such other place within the county as may be designated by [the justice of the peace, acting as coroner, or his deputy,] him to inquire into the cause of death.

      5.  A single inquest may be held with respect to more than one death, where all [of such] the deaths were occasioned by a common cause.

      Sec. 7.  NRS 259.060 is hereby amended to read as follows:

      259.060  Every person summoned as a juror who [shall fail] fails to appear without having a reasonable excuse, shall forfeit [any] a sum, not exceeding $100, to be recovered by the [justice of the peace, acting as coroner, in his official capacity,] district attorney, in any court of competent jurisdiction, and paid by him into the county treasury.

      Sec. 8.  NRS 259.070 is hereby amended to read as follows:

      259.070  When the jurors attend, they [shall] must be sworn by the justice of the peace [, acting as coroner, or his deputy,] to inquire who the person was, and when, where and by what means he came to his death, and into the circumstances attending his death, and to render a true verdict thereon according to the evidence.


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

ê1979 Statutes of Nevada, Page 1370 (Chapter 634, AB 416)ê

 

his death, and into the circumstances attending his death, and to render a true verdict thereon according to the evidence.

      Sec. 8.5.  NRS 259.080 is hereby amended to read as follows:

      259.080  1.  Jurors of coroners’ juries (with not more than 3 persons upon the jury) [shall be] are entitled to receive for each day’s service $6, to be certified to the county clerk by the [coroner,] justice of the peace, and audited, allowed and paid as are other claims against the county.

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

      Sec. 9.  NRS 259.090 is hereby amended to read as follows:

      259.090  1.  The justice of the peace [, acting as coroner,] may issue subpenas for witnesses, returnable as he may direct, and served by [himself or] such person as he may direct.

      2.  He must summon and examine as witnesses every person who, in his opinion or that of any of the jurors, has any knowledge of the facts, and he many summon a qualified surgeon or physician to inspect the body, or hold a post mortem examination thereon, or a chemist to make an analysis of the stomach or the tissues of the deceased and give a professional opinion as to the cause of the death.

      3.  The coroner may adjourn the inquest from time to time as may be necessary.

      Sec. 10.  NRS 259.100 is hereby amended to read as follows:

      259.100  Any witness failing to obey the subpena of the justice of the peace [, acting as coroner,] may be attached and fined for contempt [of such jury,] in like manner as in a justice’s court.

      Sec. 11.  NRS 259.120 is hereby amended to read as follows:

      259.120  The testimony at such an inquest [shall] must be reduced to writing [by] in such manner as the justice of the peace [, acting as coroner, or as he] may direct, and filed by him, without delay, [filed] in the office of the clerk of the district court of the county.

      Sec. 12.  NRS 259.130 is hereby amended to read as follows:

      259.130  If the jury [find] finds that the dead person was killed by another person under circumstances not excusable or justifiable in law, and [the party committing the act be] that the person who committed the act is not in custody, the justice of the peace [, acting as coroner,] shall issue a warrant signed by him, with his name of office, for the arrest of the accused.

      Sec. 13.  NRS 259.140 is hereby amended to read as follows:

      259.140  The warrant of the justice of the peace [, acting as coroner,] may be served in any county of the state, and [returned by] the officer serving such a warrant may return it before a magistrate of the county in which it is issued. The officer receiving such a warrant [shall have] has the same power under the warrant as he would have by virtue of a warrant from any court or magistrate of this state.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  NRS 259.200 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1371 (Chapter 634, AB 416)ê

 

      259.200  1.  [The fees of the justice of the peace, acting as coroner, shall be as follows:

 

For all services in summoning a jury of inquest...................................           $3.00

For swearing a jury....................................................................................               .50

For issuing a warrant of arrest.................................................................               .75

For issuing a subpena to each witness...................................................               .20

For each mile necessarily traveled in conducting an investigation or inquest into the cause of death and in going to and returning from the presence of the dead body, regardless of the type or ownership of the conveyance employed and the number of persons conveyed...........................................................               .15

For swearing each witness........................................................................               .20

For taking down testimony, or causing the same to be taken under his direction, per folio    ............................................................................................. .20

For] A justice of the peace is entitled, for each day necessarily employed in holding an inquest [or conducting an investigation in connection therewith                    $10.00]

       , to a fee of $15.

 

      2.  [A justice of the peace, acting as ex officio coroner, while acting as sheriff, shall be allowed the same fees as are allowed to sheriffs for similar services for all services rendered by him.

      3.  All fees shall] This fee must be paid out of the county treasury as other demands [.] against the county are paid.

      Sec. 16.  NRS 244.163 is hereby amended to read as follows:

      244.163  1.  The boards of county commissioners [shall have the power and jurisdiction] in their respective counties [to] may create by ordinance the office of county coroner, [to] prescribe his qualifications and duties and [to] make appointments to [such] the office.

      2.  Any coroner so appointed [shall be] is governed by the ordinances pertaining to such office which may be enacted by the board of county commissioners, and the provisions of NRS [259.020 to 259.140, inclusive, and 259.190 to 259.240, inclusive, shall not be applicable.] 259.150 to 259.180, inclusive.

      3.  The boards of county commissioners shall require that the county coroner notify a decedent’s next of kin without unreasonable delay.

      4.  For any offense relating to the violation or willful disregard of such duties or trusts of office as may be specified by the respective boards of county commissioners, all coroners holding office by appointment pursuant to this section [shall be] are subject to such fines and criminal penalties, including misdemeanor penalties and removal from office by indictment, accusation or otherwise, as [shall be prescribed by] the [aforesaid] ordinance [.] prescribes. This subsection [shall apply] applies to all deputies, agents, employees and other persons employed by or exercising the powers and functions of the coroner.

      Sec. 17.  NRS 259.190, 259.210, 259.220, 259.230 and 259.240 are hereby repealed.

 

________

 

 


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ê1979 Statutes of Nevada, Page 1372ê

 

CHAPTER 635, AB 426

Assembly Bill No. 426–Committee on Government Affairs

CHAPTER 635

AN ACT relating to local government budgets; extending the time for the preparation of those budgets; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 354.596 is hereby amended to read as follows:

      354.596  1.  On or before [February 20] March 15 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the department of taxation for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget [shall] must be filed for public record and inspection in the office of:

      (a) The clerk or secretary of the governing body; and

      (b) The county clerk.

      2.  At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of [such] the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days [prior to] before the date set for [such] the hearing. The notice of public hearing [shall] must state:

      (a) The time and place of the public hearing.

      (b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the department of taxation.

      (c) The places where copies of the tentative budget are on file and available for public inspection.

      3.  Budget hearings [shall] must be held:

      (a) For county budgets, on the [4th Monday in March;] 3rd Monday in April;

      (b) For cities, on the [4th Tuesday in March;] 3rd Tuesday in April;

      (c) For school districts, on the [4th Wednesday in March;] 3rd Wednesday in April; and

      (d) For all other local governments, on the [4th Thursday in March,] 3rd Thursday in April; except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.

      4.  On or before [February 20,] March 15, a copy of the tentative budget and notice of public hearing [shall] must be submitted:

      (a) To the department of taxation; and also

      (b) In the case of school districts, to the state department of education.

      5.  The department of taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days [prior to] before the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice [shall] must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.


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

ê1979 Statutes of Nevada, Page 1373 (Chapter 635, AB 426)ê

 

regulations. [The notice or certificate shall be read at the public hearing.]

      6.  Whenever the governing body receives from the department of taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.

      Sec. 2.  NRS 354.598 is hereby amended to read as follows:

      354.598  1.  At the time and place advertised for public hearing, or at any time and place to which [such] the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons shall be given an opportunity to be heard.

      2.  At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget [shall] must be adopted on or before [April 10] May 1 of each year.

Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such manner as the department of taxation may consider necessary, [shall automatically become] automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider [such] the budget without the express approval of the department of taxation. If such a default budget creates a combined ad valorem tax rate in excess of the constitutional limit, the Nevada tax commission shall adjust [such] the budget as provided in NRS 361.455.

      3.  The final budget [shall] must be certified by a majority of all members of the governing body and a copy [thereof,] of it, together with an affidavit of proof of publication of the notice of the public hearing, [shall] must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if [such] that notice was published. Certified copies of the final budget [shall] must be distributed as determined by the department of taxation.

      4.  Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated [therein] in it as proposed expenditures [shall be and become] are appropriated for the purposes indicated in the budget.

      5.  No governing body [shall] may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.

      Sec. 3.  NRS 288.180 is hereby amended to read as follows:

      288.180  1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of [such] that desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give notice on or before [January 15.]


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ê1979 Statutes of Nevada, Page 1374 (Chapter 635, AB 426)ê

 

money by the local government employer, the employee organization shall give notice on or before [January 15.] February 1.

      2.  Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested [shall] must be furnished without unnecessary delay. The information [shall] must be accurate, and [shall] must be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept.

      3.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

      Sec. 4.  NRS 288.200 is hereby amended to read as follows:

      288.200  Except in cases to which NRS 288.205 and 288.215 apply:

      1.  If by April [1,] 25, the parties have not reached agreement, either party, at any time up to May [1,] 25, may submit the dispute to an impartial factfinder for his findings and recommendations. These findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and 9.

      2.  If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.

      3.  The local government employer and employee organization each shall pay one-half of the cost of factfinding. Each party shall pay its own costs of preparation and presentation of its case in factfinding.

      4.  A schedule of dates and times for the hearing must be established before June [5.] 15. The factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.

      5.  The parties to the dispute may agree, before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.

      6.  If the parties do not agree to make the findings and recommendations of the factfinder final and binding, the governor has the emergency power and authority, at the request of either party and before the submission of the dispute to factfinding, to order before [May 1,] June 1, that the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 be final and binding. In a regular legislative year, in cases involving school districts, the governor may exercise his authority under this subsection within 10 days after the adjournment of the legislature sine die. The governor shall exercise this authority on a case by case consideration and on the basis of his evaluation regarding the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety to the people of the state or a political subdivision.


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

ê1979 Statutes of Nevada, Page 1375 (Chapter 635, AB 426)ê

 

on the basis of his evaluation regarding the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety to the people of the state or a political subdivision.

      7.  Except as provided in subsection 8, any factfinder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:

      (a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.

      (b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute.

The factfinder’s report must contain the facts upon which he based his recommendations or award.

      8.  Any reasonable and adequate sum of money necessary to insure against the risk undertaken which is maintained in a self-insurance reserve or fund must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the factfinder.

      9.  The issues which may be included in the governor’s order pursuant to subsection 6 are:

      (a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and

      (b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.

This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.

      Sec. 5.  NRS 288.205 is hereby amended to read as follows:

      288.205  In the case of an employee organization and a local government employer to which NRS 288.215 applies, the following departures from the provisions of NRS 288.200 also apply:

      1.  If the parties have not reached agreement by [March 15,] April 10, either party may submit the dispute to an impartial factfinder at any time for his findings.

      2.  In a regular legislative year, the factfinding hearing [shall] must be stayed up to 20 days after the adjournment of the legislature sine die.

      3.  Any time limit prescribed by this section or NRS 288.200 may be extended by agreement of the parties.

      Sec. 6.  NRS 361.455 is hereby amended to read as follows:

      361.455  1.  Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify [such] that combined rate, to each of the boards of county commissioners.


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

ê1979 Statutes of Nevada, Page 1376 (Chapter 635, AB 426)ê

 

amount of revenue required by the approved budgets, and shall certify [such] that combined rate, to each of the boards of county commissioners.

      2.  Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the constitutional tax rate limit, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within [such] the county for the purpose of establishing a combined tax rate that conforms to the constitutional limitations. The chairman shall convene the meeting no later than [April 14] May 5 of each year.

      3.  The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, shall be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at [such] the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the constitutional limit. That portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by action of the governing boards pursuant to this section.

      4.  The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of [such] the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney shall be the legal advisor for such proceedings.

      5.  The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in [such] the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.

      6.  If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the constitutional tax rate limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On May [1] 25 or, if May [1] 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined.


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

ê1979 Statutes of Nevada, Page 1377 (Chapter 635, AB 426)ê

 

[1] 25 or, if May [1] 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting [such] the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195.

      7.  Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by June 30 next after the approval and certification of the rate by the Nevada tax commission.

      8.  A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.

      Sec. 7.  NRS 361.483 is hereby amended to read as follows:

      361.483  1.  [Taxes] Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.561 are due and payable on the 1st Monday of July.

      2.  Taxes assessed upon the real property tax roll may be paid in four equal installments.

      3.  In any county having a population of 100,000 or more, taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.

      4.  If a person elects to pay in quarterly installments, the first installment is due and payable on the [1st] 3rd Monday of July, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.

      5.  If any person charged with taxes which are a lien on real property fails to pay:

      (a) Any one quarter of such taxes on or within 10 days following the day such taxes become due and payable, there shall be added thereto a penalty of 4 percent.

      (b) Any two quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the later of such quarters of taxes becomes due, there shall be added thereto a penalty of 5 percent of the two quarters due.

      (c) Any three quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the latest of such quarters of taxes becomes due, there shall be added thereto a penalty of 6 percent of the three quarters due.

      (d) The full amount of such taxes, together with accumulated penalties, on or within 10 days following the 1st Monday of March, there shall be added thereto a penalty of 7 percent of the full amount of such taxes.

      6.  Any person charged with taxes which are a lien on a mobile home as defined in NRS 361.561, who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:

 


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

ê1979 Statutes of Nevada, Page 1378 (Chapter 635, AB 426)ê

 

as defined in NRS 361.561, who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:

      (a) The entire amount of the taxes are due and payable;

      (b) A penalty of 10 percent of the taxes due and payable;

      (c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and

      (d) The county assessor may proceed under NRS 361.535.

      7.  Population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 8.  Section 87 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 87.  NRS 361.483 is hereby amended to read as follows:

       361.483  1.  Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.561 are due and payable on the 1st Monday of July.

       2.  Taxes assessed upon the real property tax roll may be paid in four equal installments.

       3.  In any county having a population of 100,000 or more, taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.

       4.  If a person elects to pay in quarterly installments, the first installment is due and payable on the 3rd Monday of July, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.

       5.  If any person charged with taxes which are a lien on real property fails to pay:

       (a) Any one quarter of such taxes on or within 10 days following the day such taxes become due and payable, there shall be added thereto a penalty of 4 percent.

       (b) Any two quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the later of such quarters of taxes becomes due, there shall be added thereto a penalty of 5 percent of the two quarters due.

       (c) Any three quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the latest of such quarters of taxes becomes due, there shall be added thereto a penalty of 6 percent of the three quarters due.

       (d) The full amount of such taxes, together with accumulated penalties, on or within 10 days following the 1st Monday of March, there shall be added thereto a penalty of 7 percent of the full amount of such taxes.

       6.  Any person charged with taxes which are a lien on a mobile home as defined in NRS 361.561, who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:

       (a) The entire amount of the taxes are due and payable;

       (b) A penalty of 10 percent of the taxes due and payable;

       (c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and


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

ê1979 Statutes of Nevada, Page 1379 (Chapter 635, AB 426)ê

 

       (d) The county assessor may proceed under NRS 361.535.

       [7.  Population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

 

      Sec. 9.  Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 636, AB 436

Assembly Bill No. 436–Assemblymen Mann, Sena, Polish and Chaney

CHAPTER 636

AN ACT relating to prisons; providing for the establishment of programs of research, statistics and planning to review the effectiveness of programs for the rehabilitation of offenders; provide information on the programs and effect appropriate changes therein; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Section 1 of chapter 208, Statutes of Nevada 1979, is hereby amended to read as follows:

 

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

       1.  The board shall establish by regulation programs of general education, [and] vocational training and other rehabilitation for offenders.

       2.  The regulations must take appropriate account of the following matters:

       (a) The educational level and needs of offenders;

       (b) Opportunities for employment in free society;

       (c) Interests of offenders; and

       (d) The number of offenders desiring participation in such programs.

       3.  The regulations must provide for an assessment of these programs at least every 3 years by qualified persons, professional groups or trade associations.

 

      Sec. 2.  Section 2 of chapter 208, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 2.  NRS 209.391 is hereby amended to read as follows:

       209.391  The director shall:

       1.  Establish programs to provide medical, psychological, psychiatric and other appropriate forms of counseling to offenders under the jurisdiction of the department, in accordance with classification requirements.

       2.  Administer [educational and vocational programs and training, established by the board, directed toward the eventual release of the offender to the community as a productive, law-abiding citizen.]


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

ê1979 Statutes of Nevada, Page 1380 (Chapter 636, AB 436)ê

 

release of the offender to the community as a productive, law-abiding citizen.] programs of general education, vocational training and other rehabilitation for offenders established by the board.

       3.  Within the limits of legislative appropriations, establish programs of research, statistics and planning to:

       (a) Determine and periodically review the effectiveness of the department’s programs of education, vocational training and other rehabilitation for offenders;

       (b) Provide annually, and at other times when so requested, to the board, the governor and the legislature information pertaining to:

             (1) The number of offenders who are participating in and who complete those programs;

             (2) The effectiveness of those programs in accomplishing their purposes;

             (3) The number of offenders who are returned to prison after their release; and

       (c) Effect appropriate changes in the programs established by the board.

 

      Sec. 3.  NRS 209.461 is hereby amended to read as follows:

      209.461  1.  [The director, with the approval of the board, shall establish and carry out a program for vocational training and employment of offenders in services and manufacturing conducted by institutions of the department or by private employers.] The director shall:

      (a) To the greatest extent possible, establish facilities which approximate the normal conditions of training and employment in the community.

      (b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.

      (c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders or lease space or facilities within the institutions to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. The director may first deduct from the wages of any offender such amounts as the director deems reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.

      2.  The director, with the approval of the board, may:

      (a) Equip and operate facilities for services and manufacturing by offenders.

      (b) Employ craftsmen and other personnel to supervise and instruct offenders.

      (c) Contract with government agencies and private employers for employment of offenders.

      (d) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.


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

ê1979 Statutes of Nevada, Page 1381 (Chapter 636, AB 436)ê

 

      (e) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.

      (f) Grant to reliable offenders the privilege of leaving institutions of the department at certain times for the purpose of vocational training or employment.

      Sec. 4.  Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The director, with the approval of the board, shall establish and carry out a program for the employment of offenders in services and manufacturing conducted by institutions of the department or by private employers.

      Sec. 5.  This act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 637, AB 439

Assembly Bill No. 439–Committee on Taxation

CHAPTER 637

AN ACT relating to boxing and wrestling; revising certain fees for promoters; abolishing the Nevada athletic commission fund; adding requirements for regulation of ring officials and employees of the commission; increasing penalties; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 467.030 is hereby amended to read as follows:

      467.030  1.  The members of the commission shall elect one of their number as chairman of the commission.

      2.  The commission may purchase and use a seal.

      3.  The commission may [make rules] adopt regulations for the administration of this chapter. [not inconsistent with the provisions of this chapter as it deems expedient. The commission may thereafter amend and revoke its rules, and from time to time may make new rules. Such rules shall include but not be limited to:] The regulations must include:

      (a) Number and qualifications of ring officials required at any exhibition or contest.

      (b) Requirements that fingerprints be obtained and criminal records be investigated for all ring officials and employees of the commission.

      [(b)](c) Powers, duties and compensation of ring officials.

      [(c)](d) Qualifications of licensees.

      4.  The commission shall prepare all forms of contracts between sponsors, licensees, promoters and contestants.

      [5.  Any necessary expenses of preparing contracts, regulations and other rules of the commission shall be paid from the license fees as provided in this chapter.]

      Sec. 2.  NRS 467.040 is hereby amended to read as follows:

      467.040  1.  The commission may employ an executive secretary, who [shall] must not be a member of the commission.


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

ê1979 Statutes of Nevada, Page 1382 (Chapter 637, AB 439)ê

 

who [shall] must not be a member of the commission. [, and may serve as a full-time employee.]

      2.  [There is hereby created in the state treasury a special fund designated as the Nevada athletic commission fund.] All [moneys] money received by the executive secretary or the commission pursuant to the provisions of this chapter [shall be paid into such fund and shall be expended solely for the enforcement of the provisions of this chapter.] must be deposited with the state treasurer for credit to the state general fund.

      Sec. 3.  NRS 467.060 is hereby amended to read as follows:

      467.060  [1.] Members of the commission, its inspectors and its executive secretary, when authorized by the chairman, [shall be] are entitled to receive [necessary traveling expenses in the transaction of the business of the commission. Such expenses shall include] traveling expenses and subsistence allowances while engaged in the transaction of business in the amount provided by law for the other state officers and employees.

      [2.  No authority shall be granted by the chairman for any travel unless funds are available in the Nevada athletic commission fund with which to pay the expenses incurred.]

      Sec. 4.  NRS 467.107 is hereby amended to read as follows:

      467.107  1.  In addition to the payment of any other fees and [moneys] money due under this chapter, every promoter shall pay [an additional] a license fee of [4] :

      (a) Four percent of the total gross receipts from admission fees to the live exhibition of any boxing contest, wrestling match or exhibition, or combination of [such] those events, exclusive of any federal tax or tax imposed by any political subdivision of this state; [. The license fee shall apply uniformly at the same rate to all promoters or clubs subject to it.] and

      (b) Three percent of the first $1,000,000, and 1 percent of the next $2,000,000, of the total gross receipts from the sale, lease or other exploitation of broadcasting, television and motion picture rights for that contest, match or exhibition,

without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants’ purses or any other expenses or any other charges.

      2.  [For the purposes of this section, total gross receipts of every promoter shall include:

      (a) The gross price charged for the sale, lease or other exploitation of broadcasting, television or motion picture rights of such contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges.

      (b) The face value of all tickets sold and complimentary tickets issued.

      (c) Any sums received as consideration for holding a boxing contest, wrestling exhibition or combination of such events at a particular location.] The commission shall adopt regulations:

      (a) Requiring that the number and face value of all complimentary tickets be reported.

      (b) Governing the treatment of complimentary tickets for purposes of computing gross receipts from admission fees under paragraph (a) of subsection 1.


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

ê1979 Statutes of Nevada, Page 1383 (Chapter 637, AB 439)ê

 

of computing gross receipts from admission fees under paragraph (a) of subsection 1.

      Sec. 5.  NRS 467.109 is hereby amended to read as follows:

      467.109  1.  [Any person licensed under this chapter] Every promoter shall, within 72 hours after the completion of any contest, match or exhibition for which an admission fee is charged and received, furnish to the commission a written report, duly verified, [by one of its officers,] showing:

      (a) The number of tickets sold and issued or sold or issued for such contest, match or exhibition;

      (b) The amount of the [gross receipts or value thereof;

      (c) The amount of gross] :

             (1) Gross receipts from admission fees; and

             (2) Gross receipts derived from the sale, lease or other exploitation of broadcasting, motion picture and television rights of such contest, match or exhibition, [and]

without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants’ purses or any other expenses or charges; and

      [(d)](c) Such other matters as the commission may prescribe.

      2.  Such promoter [or club] shall [also] at the same time pay to the commission the license fee described in NRS 467.107.

      Sec. 6.  NRS 467.135 is hereby amended to read as follows:

      467.135  1.  The commission, its executive secretary or any other employee authorized by the commission is empowered to order the promoter to withhold any part of a purse or other [funds] money belonging or payable to any contestant, manager or second if, in the judgment of the commission or its secretary or employee, the contestant is not competing honestly or to the best of his skill and ability or if the manager or seconds have violated any of the provisions of this chapter or the [rules and] regulations promulgated thereunder.

      2.  This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.

      3.  Upon the withholding of any part of a purse or other [funds] money pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.

      4.  If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other [funds,] money, the promoter shall turn such [moneys] money over to the commission. The money must be deposited with the state treasurer for credit to the state general fund.

      Sec. 7.  NRS 467.158 is hereby amended to read as follows:

      467.158  1.  Upon application and the payment of a penalty prescribed by the commission, not to exceed [$500,] $25,000, the commission may reinstate a revoked license.

      2.  In lieu of revoking a license, as provided for in this chapter, the commission may charge a penalty not to exceed [$500.] $25,000.

      Sec. 8.  NRS 467.175 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1384 (Chapter 637, AB 439)ê

 

      467.175  Any promoter [, owner or operator] who willfully makes a false or fraudulent report under NRS 467.109 [shall be] is guilty of perjury, and [upon conviction thereof] shall be [subject to punishment] punished as provided by law. Such penalty [shall be] is in addition to any other penalties imposed by this chapter.

      Sec. 9.  The state controller shall transfer all money in the Nevada athletic commission fund to the state general fund.

      Sec. 10.  Sections 4, 5 and 8 of this act and this section shall become effective retroactively as of March 1, 1979.

 

________

 

 

CHAPTER 638, AB 510

Assembly Bill No. 510–Assemblyman Glover

CHAPTER 638

AN ACT relating to residential design; authorizing certain temporary credentials to be made permanent; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 623.195 is hereby amended to read as follows:

      623.195  [1.  Any applicant for registration under this chapter who has qualified for the 5-year level of experience or study, as prescribed in NRS 623.190 and regulations of the board, shall be issued a temporary certificate of registration and is authorized to obtain a seal as a residential designer. No applications for temporary certificates may be made after October 31, 1975.

      2.  The certificate of registration and seal of a residential designer shall become permanent, subject to annual renewal, after he satisfactorily passes an examination as prescribed by the board.

      3.  A residential designer who holds a temporary certificate of registration must apply for the examination if his temporary certificate is to remain in effect. The applicant must take the examination each time it is given until he passes it. Failure to pass the examination does not invalidate his temporary certificate of registration until he has failed such examination on five occasions. Invalidation of a temporary certificate of registration does not disqualify an applicant otherwise qualified from taking the examination. The examination shall not be given more often than once every 6 months.] Any person who on or before October 31, 1975, obtained and kept in force until January 1, 1979, a temporary certificate of registration as a residential designer is entitled, if he applies on or before October 31, 1979, to receive without examination a permanent certificate and seal as a residential designer, subject to annual renewal.

      Sec. 2.  NRS 623.193 is hereby repealed.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1385ê

 

CHAPTER 639, AB 589

Assembly Bill No. 589–Committee on Government Affairs

CHAPTER 639

AN ACT relating to planning commissions; authorizing payment of certain compensation to the members for attendance at meetings and to pay travel expenses based on amounts allowed to state officers and employees; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 278.040 is hereby amended to read as follows:

      278.040  1.  The members of the planning commission [shall be] are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members shall not hold [no] any other public office, except that one [such] member may be a member of the zoning board of adjustment. The majority of the members of the county planning commission in any county of over 200,000 population [shall] must reside within the unincorporated area of the county, subject to the provisions of subsection 7.

      2.  In Carson City, the members of the planning commission established as provided in NRS 278.030 [shall be] are appointed by the mayor from the city at large, with the approval of the board of supervisors.

      3.  All members of the planning commission [shall serve as such] serve without compensation [excepting] but are entitled to reasonable [traveling] travel expenses made necessary in the fulfillment of their duties [.] , except that a board of county commissioners may provide for compensation to its planning commission in an amount of not more than $40 per meeting of the commission, with a total of not more than $200 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for state officers and employees.

      4.  The term of each member appointed after February 15, 1959, [shall be] is 4 years, or until his successor takes office, except that the terms of two of the members first appointed [shall be] are 3 years, and the respective terms of two members first appointed [shall be] are 1 and 2 years. Members appointed [prior to] before February 15, 1959, may serve the balance of the term for which they were appointed.

      5.  Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.

      6.  Vacancies occurring otherwise than through the expiration of term [shall] must be filled for the unexpired term.

      7.  Appointments to meet the requirements of subsection 1 with respect to members residing in unincorporated areas in counties of over 200,000 population [shall] must be made as follows:

      (a) The member newly appointed on July 1, 1973, [shall] must reside in the unincorporated area of the county; and


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

ê1979 Statutes of Nevada, Page 1386 (Chapter 639, AB 589)ê

 

      (b) The members appointed to fill the next three vacancies, whether occurring by expiration of term or otherwise, [shall] must reside in the unincorporated area of the county.

      Sec. 2.  NRS 278.100 is hereby amended to read as follows:

      278.100  1.  The ordinance [shall] must specify the membership of the commission, which [shall] must consist of not less than 6 members or more than 12 members.

      2.  The ordinance [shall] must provide that the term of each member [appointed after February 15, 1959, shall be] is 4 years, or until his successor takes office, except that the terms of two of the members first appointed [shall be] are 3 years, and the respective terms of two members first appointed [shall be] are 1 and 2 years. [Members appointed prior to February 15, 1959, may serve the balance of the term for which they were appointed.] No more than one-third of the members [shall] may hold any other public office.

      3.  The governing body creating the commission shall, by resolution, provide what compensation, if any, each of the members shall receive for his services as a member [.] , not to exceed $40 per meeting or a total of $200 per month.

      4.  Members may be removed, after public hearing, by a majority vote of the governing body, for inefficiency, neglect of duty or malfeasance of office.

      5.  All appointments to fill vacancies [shall] must be for the unexpired term.

      Sec. 3.  Section 67 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read:

 

       Sec. 67.  NRS 278.040 is hereby amended to read as follows:

       278.040  1.  The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members shall not hold any other public office, except that one member may be a member of the zoning board of adjustment. The majority of the members of the county planning commission in any county of over [200,000] 250,000 population must reside within the unincorporated area of the county, subject to the provisions of subsection 7.

       2.  In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the board of supervisors.

       3.  All members of the planning commission serve without compensation but are entitled to reasonable travel expenses made necessary in the fulfillment of their duties, except that a board of county commissioners may provide for compensation to its planning commission in an amount of not more than $40 per meeting of the commission, with a total of not more than $200 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for state officers and employees.

       4.  The term of each member [appointed after February 15, 1959,] is 4 years, or until his successor takes office. [, except that the terms of two of the members first appointed are 3 years, and the respective terms of two members first appointed are 1 and 2 years.


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

ê1979 Statutes of Nevada, Page 1387 (Chapter 639, AB 589)ê

 

respective terms of two members first appointed are 1 and 2 years. Members appointed before February 15, 1959, may serve the balance of the term for which they were appointed.]

       5.  Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.

       6.  Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.

       7.  Appointments to meet the requirements of subsection 1 with respect to members residing in unincorporated areas in counties of over [200,000] 250,000 population must be made as follows:

       (a) The member newly appointed on July 1, 1973, must reside in the unincorporated area of the county; and

       (b) The members appointed to fill the next three vacancies, whether occurring by expiration of term or otherwise, must reside in the unincorporated area of the county.

 

________

 

 

CHAPTER 640, AB 597

Assembly Bill No. 597–Committee on Commerce

CHAPTER 640

AN ACT relating to banks; enlarging permissible holdings of real estate; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 662.015 is hereby amended to read as follows:

      662.015  1.  In addition to the powers conferred by law upon private corporations, a bank [has the power to:] may:

      (a) Exercise by its board of directors or [duly] authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. Loans secured by real property [shall] must not exceed 80 percent of the appraised value of the real property, nor [shall such] may those loans have a maturity date in excess of 30 years. At the time of making loans, banks may take and receive interest or discounts in advance where the effective rates of interest or discounts collected do not exceed the maximum rates of interest as provided by law.

      (b) Adopt regulations for [their] its own government not inconsistent with the constitution and laws of this state.

      (c) Issue, advise and confirm letters of credit authorizing the beneficiaries [thereof] to draw upon the bank or its correspondents.

      (d) Receive money for transmission.


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

ê1979 Statutes of Nevada, Page 1388 (Chapter 640, AB 597)ê

 

      (e) Establish and become a member of a clearing house association and [to] pledge assets required for its qualification.

      (f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the superintendent.

      (g) Provide for the performance of bank service corporation services, such as data processing service and bookkeeping, subject to [such rules and regulations as] any regulations which may be adopted by the superintendent.

      2.  A bank may purchase, hold and convey real property for the following purposes:

      (a) Such as is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion, which investment [shall] must not exceed 60 percent of its [paid-in capital stock and permanent surplus;] capital accounts plus subordinated capital notes and debentures; but the superintendent may, in his discretion, authorize any bank located in a city having a population of more than 5,000 according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce, to invest more than 60 percent of its capital [and permanent surplus] accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures. As used in this paragraph “capital accounts” means capital stocks, permanent surplus and retained earnings.

      (b) Such as is mortgaged to it in good faith by way of security for loans made or [moneys] money due to the bank.

      3.  Nothing in this section prohibits any bank from holding or disposing of any real property it may acquire through the collection of debts due it; but [no such] that real property [shall] may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds [such] the real property, the bank shall charge off [such] the real property on a schedule of not less than 10 percent per year, or at [such] a greater percentage per year as the superintendent may require.

      Sec. 2.  Section 120 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 120.  NRS 662.015 is hereby amended to read as follows:

       662.015  1.  In addition to the powers conferred by law upon private corporations, a bank may:

       (a) Exercise by its board of directors or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. Loans secured by real property must not exceed 80 percent of the appraised value of the real property, nor may those loans have a maturity date in excess of 30 years. At the time of making loans, banks may take and receive interest or discounts in advance where the effective rates of interest or discounts collected do not exceed the maximum rates of interest as provided by law.


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

ê1979 Statutes of Nevada, Page 1389 (Chapter 640, AB 597)ê

 

       (b) Adopt regulations for its own government not inconsistent with the constitution and laws of this state.

       (c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.

       (d) Receive money for transmission.

       (e) Establish and become a member of a clearing house association and pledge assets required for its qualification.

       (f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the superintendent.

       (g) Provide for the performance of bank service corporation services, such as data processing service and bookkeeping, subject to any regulations which may be adopted by the superintendent.

       2.  A bank may purchase, hold and convey real property for the following purposes:

       (a) Such as is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion, which investment must not exceed 60 percent of its capital accounts plus subordinated capital notes and debentures; but the superintendent may, in his discretion, authorize any bank located in a city having a population of more than 5,000 [according to the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] to invest more than 60 percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures. As used in this paragraph “capital accounts” means capital stocks, permanent surplus and retained earnings.

       (b) Such as is mortgaged to it in good faith by way of security for loans made or money due to the bank.

       3.  Nothing in this section prohibits any bank from holding or disposing of any real property it may acquire through the collection of debts due it; but that real property may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the superintendent may require.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1390ê

 

CHAPTER 641, AB 696

Assembly Bill No. 696–Committee on Transportation

CHAPTER 641

AN ACT relating to motor vehicles; requiring a seller to notify the buyer if the seller knows or has reason to believe that the odometer of the vehicle to be sold has been replaced or turned back; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 484.6066 is hereby amended to read as follows:

      484.6066  1.  Upon the sale or transfer of a motor vehicle, the transferor shall furnish the transferee with a written statement containing:

      (a) The odometer reading at the date of transfer;

      (b) The current address of the person making the sale or transfer; and

      (c) The identity of the vehicle, including the make, model, body type, vehicle identification number and the vehicle registration number.

      2.  If the transferor has knowledge [that the] or reason to believe that:

      (a) The odometer reading differs from the actual mileage, he [must] shall include a statement of the actual mileage or a statement that the actual mileage is unknown.

      (b) The odometer has been turned back or replaced, he shall so notify the transferee before any sale, and obtain the transferee’s signed acknowledgment of this notification.

      3.  If the vehicle being transferred is a bus or truck which weighs over 16,000 pounds and is accompanied by maintenance records, the department may exempt such vehicle, by regulations, from the provisions of NRS 484.606 to 484.6069, inclusive.

      4.  The transferee shall retain the statement in his possession for not less than 2 years.

      Sec. 2.  NRS 484.6067 is hereby amended to read as follows:

      484.6067  [Any] 1.  A person is guilty of a gross misdemeanor if he knowingly sells a motor vehicle whose odometer has been altered for the purpose of fraud.

      2.  Except as provided in subsection 1, any person who violates the provisions of NRS 484.606 to 484.6069, inclusive, is guilty of a misdemeanor.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1391ê

 

CHAPTER 642, AB 700

Assembly Bill No. 700–Assemblymen Getto, Hickey, Weise, Wagner, Horn, Dini, Bergevin, Marvel, Polish, Rusk, Bremner and Coulter

CHAPTER 642

AN ACT making an appropriation from the state general fund to the director of the agricultural extension department of the public service division of the University of Nevada System to make certain improvements at the state 4-H camp in Douglas County, Nevada; and providing other matters properly relating thereto.

 

[Approved June 2, 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 director of the agricultural extension department of the public service division of the University of Nevada System the sum of $175,176 to make improvements on certain buildings at the state 4-H camp institute and exhibit in Douglas County, Nevada.

      Sec. 2.  After June 30, 1981, the unencumbered balance of the appropriation made in section 1 of this act may not be encumbered and must revert to the state general fund.

 

________

 

 

CHAPTER 643, AB 717

Assembly Bill No. 717–Committee on Commerce

CHAPTER 643

AN ACT relating to public utility regulation; prohibiting public utilities which provide water from requiring more than one watermeter for connecting to multiple occupancy units; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Unless the owner of the water system within a building containing multiple occupancy units otherwise requests in writing, a public utility shall provide water to the building through a single connection, in which case the utility may require, where watermeters are otherwise permitted by law, that there be a single watermeter or meter facility, but it shall not require a separate meter facility for each unit therein.

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1392ê

 

CHAPTER 644, AB 718

Assembly Bill No. 718–Assemblyman Getto

CHAPTER 644

AN ACT relating to county officers; increasing the salaries of county officers in Pershing County; and providing other matters properly relating thereto.

 

[Approved June 2, 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.

 

 


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ê1979 Statutes of Nevada, Page 1393 (Chapter 644, AB 718)ê

 

ANNUAL SALARIES

 

 

Class

 

County

County Commissioner

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

 

Pershing

                6,600

   25,000

19,800*

 

   17,400

    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