[Rev. 4/6/2015 4:54:46 PM]

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ê1979 Statutes of Nevada, Page 1601 (Chapter 667, SB 539)ê

 

      Sec. 109.  The superintendent of public instruction may suspend, for a time not to exceed 1 year, the certificate of any teacher or other certificated employee who has an unexcused absence from any educational conference he is required to attend.

      Sec. 110.  A hearing officer selected by the superintendent of public instruction from the hearing officer list shall hear and make recommendations in cases of demotion, dismissal or nonreemployment based on grounds contained in paragraphs (b), (f), (g), (h), (m) and (p) of subsection 1 of NRS 391.312.

      Sec. 111.  NRS 391.010 is hereby amended to read as follows:

      391.010  1.  There are the following kinds of [teachers’] certificates for teachers and other educational personnel in this state:

      (a) Elementary certificates.

      (b) Secondary certificates.

      (c) Special certificates.

      2.  An elementary certificate authorizes the holder [thereof] to teach in any elementary school in the state.

      3.  A secondary certificate authorizes [a teacher] the holder to teach in his major or minor field of preparation or in both fields in any secondary school. He may teach only in these fields unless an exception is approved in a manner provided by regulations of the state board of education.

      4.  A special certificate authorizes [a teacher] the holder to teach [in any] or perform other educational functions in a school or program [named] as designated in the certificate.

      Sec. 112.  NRS 391.020 is hereby amended to read as follows:

      391.020  1.  All [teachers’] certificates for teachers and other educational personnel are granted by the [state board of education. The state board of education] superintendent of public instruction. He may issue certificates to all qualified persons under the regulations of the state board of education.

      2.  Every applicant for a certificate shall submit with his application a complete set of his fingerprints and written permission authorizing the [state board of education] superintendent to forward such fingerprints to the Federal Bureau of Investigation for its report. The superintendent may issue a provisional certificate pending receipt of such report if he determines that the applicant is otherwise qualified.

      3.  Upon receipt of the report referred to in subsection 2 and a determination by the [state board of education] superintendent that the application is qualified, a certificate [shall] must be issued to the applicant.

      Sec. 113.  NRS 391.040 is hereby amended to read as follows:

      391.040  1.  The state board of education may fix fees of not less than $3 for the issuance and renewal of certificates. Fees for issuing duplicate certificates are the same as for issuing the originals.

      2.  The [moneys] money received from the fees [collected under the provisions of NRS 391.010 to 391.050, inclusive,] shall be paid into the state general fund.

      Sec. 114.  NRS 391.060 is hereby amended to read as follows:

      391.060  1.  Except as provided in NRS 391.070, it [shall be] is unlawful for:


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ê1979 Statutes of Nevada, Page 1602 (Chapter 667, SB 539)ê

 

      (a) The superintendent of public instruction to issue a certificate to, or a board of trustees of a school district to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.

      (b) The state controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.

      2.  Any person [violating] who violates any of the provisions of this section [shall be] is guilty of a misdemeanor.

      Sec. 115.  NRS 391.070 is hereby amended to read as follows:

      391.070  Nothing in NRS 391.060 or in any other law [shall be construed to prohibit] prohibits the employment, by [the superintendent of public instruction or] a board of trustees of a school district, of any teacher or instructor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States.

      Sec. 116.  NRS 391.080 is hereby amended to read as follows:

      391.080  1.  Each teacher or other certificated employee employed in this state whose compensation is payable out of [the] public [funds.] money, except teachers employed pursuant to the provisions of NRS 391.070, [shall] must take and subscribe to the constitutional oath of office before entering upon the discharge of his duties.

      2.  The oath of office, when taken and subscribed, [shall be filed in the office of the state] must be filed with the department of education.

      3.  The superintendent of public instruction, deputy and associate superintendents of public instruction [,] and other members of the professional staff of the department designated by the superintendent, members of boards of trustees of school districts, superintendents of schools, principals of schools and notaries public [are empowered to] may administer the oath of office to teachers [.] and other certificated employees.

      Sec. 117.  NRS 391.090 is hereby amended to read as follows:

      391.090  1.  Any person who is:

      (a) Granted a certificate to teach or perform other educational functions in the public schools of Nevada; or

      (b) [Granted a renewal of his certificate; or

      (c)]Charged with the duty at the Nevada youth training center or the Nevada girls training center of giving instruction in the Constitution of the United States and the constitution of the State of Nevada,

 [shall be required to] must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the constitution of the State of Nevada.

      2.  The [state board of education] superintendent of public instruction may grant a reasonable time for compliance with the terms of this section.


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ê1979 Statutes of Nevada, Page 1603 (Chapter 667, SB 539)ê

 

      Sec. 118.  NRS 391.100 is hereby amended to read as follows:

      391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

      2.  The board of trustees of school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist certificated personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. Such noncertificated personnel must be directly supervised by certificated personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a certificated person in attendance.

      (b) Shall establish policies governing the duties and performance of teacher aides.

      3.  Each applicant for employment pursuant to this section, except a teacher certificated by the state board of education, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Federal Bureau of Investigation for its report.

      4.  [Notwithstanding the provisions of NRS 252.110, the board of trustees of a school district may engage independent legal counsel when such employment is deemed necessary by the board.

      5.  Notwithstanding the provisions of NRS 354.596, not later than 30 days before the time of filing its tentative budget, each board of school trustees of a school district shall submit, or cause to be submitted simultaneously, to the state department of education and the Nevada tax commission a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year. The report must be made on forms prescribed by the state department of education and must include:

      (a) A schedule showing the estimated number of persons to be employed by account and fund classification and fully funded thereby; and

      (b) A schedule showing the estimated number of persons to be employed by classification who are funded by more than one account or fund.

      (c) The projected salary schedule for the next fiscal year.] The board of trustees of a school district may employ or appoint persons to serve as security officers. Security officers are peace officers as defined in NRS 169.125. The provisions of this subsection do not constitute such security officers as police officers for the purposes of NRS 286.510.

      Sec. 119.  NRS 391.110 is hereby amended to read as follows:

      391.110  1.  The board of trustees of a school district [is authorized to:] may:

      (a) Employ any person [regularly] certificated for the position of administrator to serve as the superintendent of schools of the school district. In school districts having 7,000 or more [students,] pupils, the superintendent of schools [shall] must hold at least a master’s degree in school administration or education.

      (b) Define his powers and fix his duties.

      (c) Fix his salary.

      2.  No superintendent of schools [shall] may be employed for more than a term of 1 year unless he [shall have] has first served 2 years satisfactorily as a teacher or administrator in the school district.


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ê1979 Statutes of Nevada, Page 1604 (Chapter 667, SB 539)ê

 

satisfactorily as a teacher or administrator in the school district. If he has served 2 years satisfactorily in the school district as a certificated teacher or administrator he may be employed for a term of not to exceed 4 years.

      3.  A superintendent of schools may be dismissed at any time for cause.

      4.  A superintendent of schools [is authorized to administer:

      (a) Teachers’ oaths or affirmations of office.

      (b) All other] may administer oaths or affirmations relating to public schools.

      Sec. 120.  NRS 391.120 is hereby amended to read as follows:

      391.120  1.  Boards of trustees of the school districts in this state [shall have the power to] may employ legally qualified teachers [, to] and other certificated personnel and may determine [the salary to be paid each teacher,] their salaries and the length of the term of school for which [teachers shall be] they are employed. These conditions and any other conditions agreed upon by the parties shall be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the [teacher.] employee. A copy of the contract or notice of reemployment, properly written, [shall] must be delivered to each teacher or other certificated employee not later than the opening of the term of school.

      2.  A board of trustees [shall not have the right to] may not employ teachers or other certificated personnel for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.

      3.  It [shall be] is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which [such] the teacher is engaged to teach.

      4.  Notice of the employment of a person [shall] as a teacher or other certificated employee must be given to the [state] department [of education upon a form supplied by such department] in the form prescribed by the superintendent of public instruction before [a teacher] the employee may start to perform under the terms of the contract.

      Sec. 121.  NRS 391.150 is hereby amended to read as follows:

      391.150  1.  Boards of trustees of school districts in this state may pay toward the salaries of [legally qualified] teachers and other employees the public [moneys] money apportioned to school districts for that purpose, by giving them orders therefor on the county auditor.

      2.  Boards of trustees may:

      (a) Deduct from [teachers’ salaries,] the salary of any teacher or other employee, upon the written request of the [teachers,] teacher or other employee, money for the payment of premiums on insurance of any kind;

      (b) Reduce or withhold increases in the [salaries of teachers or other qualified employees,] salary of any teacher or other employee, upon the written request of the teacher or other employee, by or in an amount sufficient to purchase an annuity [contracts] contract pursuant to the provisions of NRS 391.380; and

      (c) Reduce or withhold from the [salaries of teachers and other qualified employees,] salary of any teacher or other employee, upon the written request of the teacher or employee, an amount specified in the request to be held by the trustees pursuant to a deferred compensation agreement between the trustees and the teacher or other employee.


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ê1979 Statutes of Nevada, Page 1605 (Chapter 667, SB 539)ê

 

written request of the teacher or employee, an amount specified in the request to be held by the trustees pursuant to a deferred compensation agreement between the trustees and the teacher or other employee.

      Sec. 122.  NRS 391.160 is hereby amended to read as follows:

      391.160  The salaries of teachers and other employees shall be determined by the character of the service required. A school district shall not discriminate between male and female [teachers] employees in the matter of salary.

      Sec. 123.  NRS 391.170 is hereby amended to read as follows:

      391.170  A teacher or other employee for whom certification is required is not entitled to receive any portion of [the] public school [moneys] money as compensation for services rendered unless:

      1.  [The teacher] He is legally employed by the board of trustees of the school district in which he is teaching [.] or performing other educational functions.

      2.  [The teacher] He has a [teacher’s] certificate authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.

      [3.  The teacher has made a full, true and correct report, in the form and manner prescribed by the state board of education, to the superintendent of public instruction and to the board of trustees.]

      Sec. 124.  NRS 391.190 is hereby amended to read as follows:

      391.190  It [shall be] is unlawful for a board of trustees of any school district to order the payment of [teachers’] salaries of teachers or other certificated personnel in advance of the time when earned.

      Sec. 125.  NRS 391.200 is hereby amended to read as follows:

      391.200  The salaries of the teachers and other certificated personnel in a school district as determined by the contracts between the teachers and other certificated employees and the board of trustees [shall be] are prior claims upon the school district fund.

      Sec. 126.  NRS 391.210 is hereby amended to read as follows:

      391.210  The board of trustees of a school district may direct the administrators, principals, [and] teachers and other certificated personnel employed by them to exercise such powers and authority in the schools as the board of trustees has under this Title of NRS.

      Sec. 127.  NRS 391.230 is hereby amended to read as follows:

      391.230  1.  Upon the opening of any public school in this state, every teacher and other certificated employee therein shall file with the superintendent of the county school district a Nevada [teacher’s] certificate entitling the holder to teach or perform other educational functions in the school in which he will be employed, and any other report that the superintendent of public instruction [shall require.] requires.

      2.  The superintendent of the county school district shall acknowledge the receipt of each [teacher’s] certificate and shall make a proper record [of the same] thereof in his office. The [teacher’s] certificate shall remain on file and shall be safely kept in the office of the superintendent of the county school district.

      Sec. 128.  NRS 391.240 is hereby amended to read as follows:

      391.240  Each teacher in the public schools shall [:


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ê1979 Statutes of Nevada, Page 1606 (Chapter 667, SB 539)ê

 

      1.  Keep] keep a true, full and correct [record] register of all pupils attending such school as required by the board of trustees of the school district in accordance with the [registers] regulations prescribed by the superintendent of public instruction.

      [2.  Make other reports of such records at such time and to such school officers as the superintendent of public instruction shall designate.]

      Sec. 129.  NRS 391.275 is hereby amended to read as follows:

      391.275  [1.  The board of trustees of a school district may employ or appoint personnel as security officers and, in carrying out the duties, such personnel are peace officers as defined in NRS 169.125. The provisions of this subsection shall not constitute such security officers as police officers for the purposes of NRS 286.510.

      2.] The jurisdiction of each security [officers shall extend] officer of a school district extends to all school property, buildings and facilities within the school district, for the purpose of:

      [(a)]1.  Protecting school district personnel, pupils, or real or personal property; or

      [(b)]2.  Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.

      Sec. 130.  NRS 391.280 is hereby amended to read as follows:

      391.280  [All teachers,] Every teacher or other certificated employee, without loss of salary for the time employed, shall [be required to] attend the [teachers’] educational conferences held in the school [districts in which they may be teaching, unless they shall be] district in which he is employed unless excused for good cause by the superintendent of schools [in the school district in which they are employed.] of the district.

      Sec. 131.  NRS 391.290 is hereby amended to read as follows:

      391.290  1.  Whenever an educational conference is called by the [state department of education for a school district or for the state,] superintendent of public instruction, the board of trustees of a school district whose school administrators and teachers are required to attend the educational conference shall, unless such school administrators or teachers are excused for cause by [legally authorized authority] the superintendent of schools of the district from attendance:

      (a) Pay the actual necessary transportation expenses of school administrators and teachers of the school district to and from the educational conference.

      (b) Pay the actual necessary living expenses of school administrators and teachers of the school district while attending the educational conference.

      2.  Expenses shall be paid out of the school district fund and claims therefor shall not exceed the statutory rate fixed for state officers.

      Sec. 132.  NRS 391.311 is hereby amended to read as follows:

      391.311  [The following terms, whenever used or referred to] As used in NRS 391.312 to [391.3196,] 391.3197, inclusive, and section 14 of [this act, have the following meaning unless a different meaning clearly appears in the context:] Senate Bill No. 143 of the 60th session of the Nevada legislature, unless the context otherwise requires:


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ê1979 Statutes of Nevada, Page 1607 (Chapter 667, SB 539)ê

 

      1.  “Administrator” means any certificated employee the majority of whose working time is devoted to service as a superintendent, supervisor, principal or vice principal in a school district.

      2.  “Board” means the board of trustees of the school district in which a [teacher] certificated employee affected by NRS 391.311 to [391.3196,] 391.3197, inclusive, and section 14 of [this act,] Senate Bill No. 143 of the 60th session of the Nevada legislature, is employed.

      3.  “Demotion” means demotion of an administrator.

      4.  “Postprobationary teacher” means a teacher who has completed 3 consecutive probationary teacher contracts in a Nevada school district and is employed for a 4th consecutive year.

      5.  “Probationary teacher” means a teacher in the first 3 consecutive contract years of employment in a school district, including any authorized leave of absence during that period.

      6.  “Superintendent” means the superintendent of a school district or the person acting as such.

      7.  “Teacher” means a certificated employee the majority of whose working time is devoted to the rendering of direct educational service to students of a school district.

      Sec. 133.  NRS 391.3115 is hereby amended to read as follows:

      391.3115  1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:

      [1.](a) Substitute teachers; or

      [2.](b) Adult education teachers. [;

      3.  Certificated employees who are employed in positions fully funded by a federal or private categorical grant. Any such employee shall be employed only for the duration of the grant, but during such period of employment, the employee shall receive credit toward his postprobationary status and shall not be dismissed, suspended or demoted except as otherwise provided in NRS 391.311 to 391.3197, inclusive.

      4.  Certificated employees who are employed on temporary contracts in place of certificated employees on authorized leaves of absence; but during such period of employment, the temporary employee shall receive credit toward his postprobationary status and shall not be dismissed, suspended or demoted except as otherwise provided in NRS 391.311 to 391.3197, inclusive.]

2.  A certificated employee who is employed in a position fully funded by a federal or private categorical grant or to replace another certificated employee during that employee’s leave of absence is employed only for the duration of the grant or leave, but is entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to him.

      Sec. 134.  NRS 391.3116 is hereby amended to read as follows:

      391.3116  The provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a teacher or other certificated employee who has entered into a contract with the board as a result of the Local Government Employee-Management Relations Act, if [such] the contract [provides] contains separate provisions relating to the board’s right to dismiss or refuse to reemploy [such teachers.] the employee.

      Sec. 135.  NRS 391.3125 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1608 (Chapter 667, SB 539)ê

 

      391.3125  1.  It is the intent of the legislature that a uniform system be developed for objective evaluation of [teacher] teachers and certificated school support personnel in each school district.

      2.  Each board of school trustees, following consultation and involvement of elected representatives of teacher personnel or their designees, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. In like manner, counselors, librarians and other certified school support personnel shall be evaluated on forms developed specifically for their respective specialties. A copy of the evaluation policy adopted by the board of trustees shall be filed with the [state board] department of education.

      3.  Each probationary teacher shall be evaluated in writing at least twice each year. The first evaluation shall take place no later than 60 school days after the teacher enters service under the contract and the second shall take place no later than March 1.

      4.  Each postprobationary teacher shall be evaluated at least once each year.

      5.  The evaluation of a probationary teacher or a postprobationary teacher shall, if necessary, include recommendations for improvements in teaching performance. A reasonable effort shall be made to assist the teacher to correct deficiencies noted in the evaluation. The teacher shall receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response shall become a permanent attachment to the teacher’s personnel file.

      Sec. 136.  NRS 391.3127 is hereby amended to read as follows:

      391.3127  1.  Each board of school trustees, following consultation and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. A copy of the evaluation policy adopted by the board of trustees shall be filed with the [state board] department of education.

      2.  Each administrator shall be evaluated in writing at least once a year.

      Sec. 137.  NRS 391.3161 is hereby amended to read as follows:

      391.3161  1.  There is hereby created a hearing officer list which shall consist of not less than 50 Nevada resident attorneys at law, including retired judges. [Hearing officers on the list shall be appointed by the] The state board of education [following nomination] shall make appointments to the hearing officer list after nominations have been made by the State Bar of Nevada and the Nevada Trial Lawyers Association.

      2.  [Hearing officers shall be appointed] Each appointment to the list is for a term of 2 years or until resignation or removal for cause by the state board of education. Vacancies shall be filled [as necessary following the procedure set forth in subsection 1.

      3.  A hearing officer shall conduct hearings in cases of demotion, dismissal or nonreemployment based on grounds contained in paragraphs (b), (f), (g), (h), (m) and (p) of subsection 1 of NRS 391.312.]


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ê1979 Statutes of Nevada, Page 1609 (Chapter 667, SB 539)ê

 

(b), (f), (g), (h), (m) and (p) of subsection 1 of NRS 391.312.] in the same manner as original appointments.

      Sec. 138.  NRS 391.3165 is hereby amended to read as follows:

      391.3165  A hearing commission composed of [3] three members shall hear and make recommendations in cases of demotion, dismissal or nonreemployment based on grounds contained in paragraphs (a), (c), (d), (e), (i), (j), (k), (l), (n) and (o) of subsection 1 of NRS 391.312.

      1.  One member of [such] the commission shall be selected by the board, one member shall be selected by the certificated employee [,] who is the subject of the hearing, and the third member, who shall act as chairman, shall be selected by the superintendent of public instruction from the [state department of education] hearing officer list.

      2.  [The two education members shall be selected as needed to hear individual cases as set forth in this section.

      3.] The members appointed respectively by the board and the certificated employee [shall] must have at least 4 years’ experience in the field of education.

      [4.  If a request is made to the state superintendent of public instruction for appointment of a hearing officer, the state superintendent within 10 days from the receipt of such request, shall designate seven attorneys on the hearing list.] They shall be selected as needed to hear individual cases.

      Sec. 139.  NRS 391.3191 is hereby amended to read as follows:

      391.3191  1.  Each request for appointment of a person from the hearing officer list to serve as a hearing officer or chairman of a hearing commission shall be submitted to the superintendent of public instruction.

      2.  The certificated employee and the superintendent may each challenge not more than five members of the hearing officer list, and the superintendent of public instruction shall not appoint any challenged person.

      Sec. 140.  NRS 391.31915 is hereby amended to read as follows:

      391.31915  1.  [After appointment of the list, the] Within 10 days from receipt of the request for a hearing officer or chairman of a hearing commission the superintendent of public instruction shall designate:

      (a) Seven persons if the hearing is to be before a hearing officer; or

      (b) Five persons if a hearing commission is required,

from among the remaining members of the hearing officer list.

      2.  The certificated employee and superintendent [are entitled:] may:

      (a) [To] If the hearing is to be before a hearing officer, challenge peremptorily one of the [list] seven at a time, alternately, until only one remains, who shall serve as hearing officer for the hearing. The superintendent and certificated employee shall draw lots to determine first choice to [challenge a member of the list.] exercise a challenge.

      (b) [To] If a hearing commission is required, challenge peremptorily the [hearing officer appointed to a hearing commission when such commission is required, in which case:] five persons designated, in the following manner:


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ê1979 Statutes of Nevada, Page 1610 (Chapter 667, SB 539)ê

 

             (1) The superintendent and certificated employee [shall] each have two peremptory challenges.

             (2) The superintendent and certificated employee may exercise their two challenges until they have exhausted their right to challenge or waive their right to [such] challenge.

      [2.]3.  The state [department of education shall prepare a procedure] board shall prescribe procedures for exercising challenges to the hearing officer and hearing commission chairman and set time limits in which the challenges may be exercised by the certificated employee and superintendent.

      Sec. 141.  NRS 391.3192 is hereby amended to read as follows:

      391.3192  1.  As soon as possible after the time of his or its designation, the hearing officer or hearing commission shall hold a hearing to determine whether the grounds for the recommendation are substantiated.

      2.  The [state department of education] superintendent of public instruction shall furnish the hearing officer or hearing commission with any assistance which is reasonably required to conduct the hearing, and the hearing officer or hearing commission may require witnesses to give testimony under oath and produce evidence relevant to [its] the investigation.

      3.  The certificated employee and superintendent are entitled to be heard, to be represented by counsel and to call witnesses in their behalf.

      4.  The hearing officer or person serving as chairman of the hearing commission shall be reimbursed reasonable actual expenses and is entitled to receive a salary of not more than $150 per day for actual time served.

      5.  If requested by the hearing officer [,] or hearing commission, an official transcript shall be made.

      [5.]6.  The board and the certificated employee [shall be] are equally responsible for the expense and salary of the hearing officer or chairman of the hearing commission and the official transcript. [when requested by the hearing officer.

      6.]7.  The [appointed] commission members [shall] appointed respectively by the board and the certificated employee do not forfeit any salary or employment benefits for performing their duties as commission members.

      [7.]8.  The state board of education shall develop a set of uniform standards and procedures to be used in such a hearing. The technical rules of evidence [shall] do not apply.

      Sec. 142.  NRS 391.3193 is hereby amended to read as follows:

      391.3193  1.  Except as provided in subsection 3, within 30 days from the time of the designation, the hearing officer or hearing commission shall complete the hearing and shall prepare and file a written report with the superintendent and the certificated employee involved.

      2.  The report shall contain an outline of the scope of the hearing, findings of fact and conclusions of law, and recommend a course of action to be taken by the board.

      3.  If it appears that the report cannot be prepared within 30 days, the certificated employee and the superintendent shall be so notified prior to the end of such period, and the hearing officer or hearing commission may take the time necessary not exceeding 40 days from the time of the designation to file the written report and recommendation.


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ê1979 Statutes of Nevada, Page 1611 (Chapter 667, SB 539)ê

 

      4.  The certificated employee and the superintendent or his designee may mutually agree to waive any of the time limits applicable to the hearing procedure. [under NRS 391.311 to 391.3196, inclusive.]

      Sec. 143.  NRS 391.3194 is hereby amended to read as follows:

      391.3194  1.  Within 5 days after the superintendent receives the report of the hearing officer or hearing commission, he shall either withdraw the recommendation to demote, dismiss or not reemploy the certificated employee or file his recommendation with the board.

      2.  At the next regular board meeting after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officer’s or hearing commission’s recommendation and notify the [teacher] certificated employee in writing of its decision.

      3.  The board may, prior to making a decision, refer the report back to the hearing officer or hearing commission for further evidence and recommendations. The hearing officer or hearing commission shall have 15 days to complete the report and file it with the board and mail a copy to the superintendent and certificated employee.

      4.  The certificated employee or board may appeal the decision to a district court within the time limits and [as provided in chapter 233B of NRS.] in the manner provided by law for appeals of administrative decisions of state agencies.

      Sec. 144.  NRS 391.3196 is hereby amended to read as follows:

      391.3196  1.  On or before April 1 of each year, the board of trustees shall notify certificated employees [,] in their employ, in writing, by certified mail or by delivery of [a certificated] the employee’s contract, [to the certificated employees in their employ,] concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a certificated employee who has been employed by a school district of his status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year.

      2.  This section does not apply to any certificated employee who has been recommended to be demoted, dismissed or not reemployed if such proceedings have commenced and no final decision has been made by the board.

      3.  Any certificated employee who is reemployed pursuant to subsection 1 shall by April 10 notify the board of trustees in writing of his acceptance of employment. Failure on the part of the employee to notify the board of acceptance within the specified time limit [shall be] is conclusive evidence of the employee’s rejection of the contract.

      4.  If the certificated employees are represented by a recognized employee organization [pursuant to chapter 288 of NRS,] and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1, 2 and 3 [shall] do not apply except for nonreemployment procedures and prior to April 10 of each year the employees shall notify the board in writing, on forms provided by the board, of their intention to accept reemployment. Any agreement negotiated by the recognized employee organization and the board [shall become] becomes a part of the contract of employment between the board and the employee. The board of trustees shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at his last-known address or shall deliver such contract in person to each employee, obtaining a receipt therefor.


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ê1979 Statutes of Nevada, Page 1612 (Chapter 667, SB 539)ê

 

employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of acceptance within 10 days after receipt of such contract [shall be] is conclusive evidence of the employee’s rejection of the contract.

      Sec. 145.  NRS 391.320 is hereby amended to read as follows:

      391.320  1.  The State board of education may suspend or revoke the certificate [or diploma] of any teacher for any cause specified by law.

      2.  The superintendent of public instruction may suspend, for a period not to exceed 1 year, after 10 days’ notice and a hearing, the certificate of any teacher for any of the causes for which a certificate may be revoked by the state board.

      Sec. 146.  NRS 391.330 is hereby amended to read as follows:

      391.330  The state board of education may suspend or revoke any [state diploma or any] state certificate of any teacher or administrator, after notice and an opportunity for hearing before the state board, [of education,] for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for service.

      3.  Physical or mental incapacity which renders such teacher or administrator unfit for service.

      4.  Conviction of a felony or crime involving moral turpitude.

      5.  Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a student enrolled in a school of a Nevada public school district was the victim.

      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      7.  Persistent defiance of or refusal to obey the [rules and] regulations of the state board of education, or the [rules and] regulations of the superintendent of public instruction, defining and governing the duties of teachers and administrators.

      Sec. 147.  NRS 391.350 is hereby amended to read as follows:

      391.350  1.  [If any] Any teacher or other certified employee employed by any board of trustees of a school district for a specified time who fails to comply with the provisions of his contract without the written consent of the board of trustees [, the teacher] is guilty of unprofessional conduct. If [such teacher’s] the failure to comply with the provisions of [his] the contract is the result of [his] the having subsequently executed an employment contract with another board of trustees of a school district in this state without the written consent of the board of trustees first employing him, the second such contract is void.

      2.  Upon receiving formal complaint from the board of trustees, substantiated by conclusive evidence of such failure, the state board of education may suspend or revoke the certificate of the teacher after notice and opportunity for a hearing.

      3.  [State] The superintendent of public instruction shall notify state education agencies in other states [shall be notified] of any revocation for the reasons set forth in this section.

      Sec. 148.  NRS 391.355 is hereby amended to read as follows:

      391.355  1.  The state board of education, with the assistance of the attorney general, shall develop and the board shall adopt rules of procedure for the conduct of hearings involving suspension or revocation of [teachers’ or administrators’ certificates, which shall be adopted and promulgated by the state board of education.]


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ê1979 Statutes of Nevada, Page 1613 (Chapter 667, SB 539)ê

 

[teachers’ or administrators’ certificates, which shall be adopted and promulgated by the state board of education.] certificates of teachers, administrators and other educational personnel.

      2.  The rules of procedure [shall] must provide for boards of trustees of school districts or the superintendent of public instruction or his designee to bring charges, when cause exists.

      3.  The state board of education may issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of [teachers’ or administrators’] certificates.

      4.  A hearing officer, qualified under NRS 391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915 shall conduct the hearing and report findings of fact and conclusions of law, along with recommendations, to the state board of education. The state board may accept or reject the recommendations or refer the report [back] to the hearing officer for further evidence and recommendation, and shall notify the teacher, [or] administrator or other certificated person in writing of its decision.

      Sec. 149.  NRS 392.010 is hereby amended to read as follows:

      392.010  1.  The board of trustees of any school district may, with the approval of the [state department of education:] superintendent of public instruction:

      (a) Admit to the school or schools of the school district any pupil or pupils living in adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

      (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

      2.  With the approval of the [state department of education] superintendent of public instruction an agreement shall be entered into between the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school, providing for the payment of such tuition as may be agreed upon, but transportation costs [shall] must be paid by the board of trustees of the school district in which the pupil or pupils reside:

      (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

      (b) If any are incurred in transporting a pupil or pupils to an adjoining state, [subject to the provisions of NRS 392.350.] as provided by the agreement.

      3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

      Sec. 150.  NRS 392.080 is hereby amended to read as follows:

      392.080  Attendance required by the provisions of NRS 392.040 shall be excused when the [state department of education] superintendent of public instruction has determined that the child’s residence is located at such distance from the nearest public school as to render attendance unsafe or impractical, and the child’s parent or guardian has notified the board of trustees to that effect in writing.


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ê1979 Statutes of Nevada, Page 1614 (Chapter 667, SB 539)ê

 

shall be excused when the [state department of education] superintendent of public instruction has determined that the child’s residence is located at such distance from the nearest public school as to render attendance unsafe or impractical, and the child’s parent or guardian has notified the board of trustees to that effect in writing.

      Sec. 151.  NRS 392.110 is hereby amended to read as follows:

      392.110  1.  Any [student] child between the ages of 14 and 17 years who has completed the work of the first eight grades may be excused from full-time school attendance and may be permitted to enter proper employment or apprenticeship, by the written authority of the board of trustees excusing the [student] child from such attendance. The board’s written authority shall state the reason or reasons for such excuse.

      2.  In all such cases no employer or other person shall employ or contract for the services or time of such [student] child until the [student] child presents a written permit therefor from the attendance officer or board of trustees. The permit shall be kept on file by the employer, and upon the termination of employment shall be returned by the employer to the board of trustees or other authority issuing it.

      Sec. 152.  NRS 392.160 is hereby amended to read as follows:

      392.160  1.  Any peace officer, the attendance officer, or any other school officer shall, during school hours, [arrest] take into custody without warrant:

      (a) Any child between the ages of 7 and 17 years; and

      (b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,

who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.

      2.  During school hours, the [arresting] officer having custody shall forthwith deliver the child [arrested] to the [teacher.] superintendent of schools, principal or other school officer at the child’s school of attendance. After school hours, he shall deliver the child to the parent, guardian or other person having control or charge of the child.

      Sec. 153.  NRS 392.300 is hereby amended to read as follows:

      392.300  1.  As provided in this Title, [of NRS,] the board of trustees of any school district may, in its complete discretion, furnish transportation for all resident children of school age in the school district attending public school [:] , including pupils assigned to special schools or programs for handicapped minors:

      (a) Who are not excused from school attendance by the provisions of this Title; [of NRS;] and

      (b) Who reside within the school district at such a distance from the school as to make transportation necessary and desirable.

      2.  The board of trustees may:

      (a) Establish bus routes.

      (b) Make regulations governing the conduct of pupils while being transported.

      (c) For the safety of pupils being transported, govern the conduct of drivers by making and enforcing regulations not inconsistent with regulations [made by] of the state board of education or with law.


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ê1979 Statutes of Nevada, Page 1615 (Chapter 667, SB 539)ê

 

of drivers by making and enforcing regulations not inconsistent with regulations [made by] of the state board of education or with law.

      Sec. 154.  NRS 392.320 is hereby amended to read as follows:

      392.320  1.  As used in this section, “vehicles” means the school buses, station wagons, automobiles and other motor or mechanically propelled vehicles [or either or any of them,] required by the school district for the transportation of pupils.

      2.  The board of trustees of a school district shall use transportation funds of the school district for:

      (a) The purchase, rent, hire and use of vehicles, and for necessary equipment, supplies and articles therefor.

      (b) Necessary repairs of vehicles to keep them in safe and workable condition.

      (c) The employment and compensation of capable and reliable drivers of vehicles and other employees necessary for the transportation of pupils and other authorized persons.

      (d) Insuring vehicles owned, rented, hired, used or operated by or under the direction or supervision of the board of trustees. Such insurance shall:

             (1) Be of such an amount as the board of trustees may be able to obtain and [which] the regulations of the state board of education [may deem] require as sufficient to protect the board of trustees, the pupils being transported, and their parents, guardians or legal representatives from loss or damage resulting from acts covered by the insurance.

            (2) Especially insure against loss and damage resulting from or on account of injury or death of any pupil being transported, caused by collision or any accident during the operation of any such vehicle.

      Sec. 155.  NRS 392.330 is hereby amended to read as follows:

      392.330  1.  In addition to the purposes authorized by NRS 392.320, a board of trustees may use transportation funds of the school district for arranging and paying for transportation by motor vehicles or otherwise, by contract or such other arrangement as the board [shall find] finds most economical, expedient and feasible and for the best interests of the school district.

      2.  Such transportation may be arranged and contracted for by a board of trustees with:

      (a) Any railroad company, bus company, or other licensed common carrier holding a certificate of public convenience and necessity issued by the public service commission of Nevada.

      (b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils shall be insured in the amount required by regulation of the state board of education against the loss and damage described in subsection 2 of NRS 392.320.

      Sec. 156.  NRS 392.340 is hereby amended to read as follows:

      392.340  Nothing in [NRS 392.320 and 392.330 shall be construed to admit or assume] this chapter admits or assumes any tort liability to any pupil or the parent or guardian thereof for injury or death resulting from transportation furnished such pupil [under the provisions of NRS 392.300 to 392.410, inclusive,] by the board of trustees of a school district, unless such liability is specifically assumed by law.


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ê1979 Statutes of Nevada, Page 1616 (Chapter 667, SB 539)ê

 

any pupil or the parent or guardian thereof for injury or death resulting from transportation furnished such pupil [under the provisions of NRS 392.300 to 392.410, inclusive,] by the board of trustees of a school district, unless such liability is specifically assumed by law.

      Sec. 157.  NRS 392.350 is hereby amended to read as follows:

      392.350  1.  When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $6 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and other subsistence expenses of the pupil in a city or town, having a public school, in this state or in an adjoining state. If such public school is in an adjoining county, or in an adjoining state, costs [for tuition and transportation or] for tuition and subsistence [may] shall be fixed by agreement between the board of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.

      2.  Payment of money in lieu of furnishing transportation may be made only if:

      (a) The guardian or parents have been residents in the area for a period of time set by the board of trustees; and

      (b) The [state department of education approves.] superintendent of public instruction determines that the arrangements comply with regulations of the state board of education.

      Sec. 158.  NRS 392.370 is hereby amended to read as follows:

      392.370  A board of trustees of a school district [shall have the power to] may authorize the use of school buses to transport teachers, school administrators and other school employees to educational conferences [authorized] convened by the state board of education.

      Sec. 159.  NRS 392.380 is hereby amended to read as follows:

      392.380  1.  No person may be employed by a board of trustees of a school district as a driver of a school bus, station wagon, automobile or other motor vehicle, or mechanically or self-propelled vehicle of any kind which transports pupils to and from school or any other place in connection with school activities unless:

      (a) He is of good, reputable and sober character.

      (b) He is competent and qualified by experience and disposition to operate the particular type of vehicle in a safe and dependable manner.

      (c) He is licensed under the laws of this state to operate the particular type of vehicle.

      2.  A board of trustees may employ a pupil attending a school under the supervision of the board as a driver when he possesses the qualifications stated in subsection 1 and his guardian or parents first consent to his employment. The board of trustees may arrange or contract, in writing, with the pupil, and with his parents or guardian [of the pupil] if he is under the age of 18 years, for his services as a driver upon such terms, conditions and provisions and for such compensation as the board deems most economical and for the best interests of the school district, pupils and other persons.

      Sec. 160.  NRS 392.465 is hereby amended to read as follows:

      392.465  1.  The legislature declares:


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ê1979 Statutes of Nevada, Page 1617 (Chapter 667, SB 539)ê

 

      (a) That the use of corporal punishment is to be discouraged in the public schools, and only after all other methods of discipline have proven ineffective should a pupil be administered corporal punishment.

      (b) That judgment and discretion are to be used in all punishment, corporal and otherwise, and maximum use should be made of available school counseling and psychological services.

      2.  Subject to the limitations contained in this section, the board of trustees of every school district shall adopt [rules and] regulations authorizing teachers, principals and other certificated personnel to administer reasonable corporal or other punishment to pupils when such action is deemed an appropriate corrective measure.

      3.  Parents and guardians shall be notified before, or as soon as possible after, corporal punishment is administered.

      4.  No corporal punishment [shall] may be administered on or about the head or face of any pupil, but this limitation shall not prohibit any teacher, principal or other certificated person from defending himself if attacked by a pupil.

      [5.  Nothing contained in this section shall be construed or interpreted to indicate that the teachers, principals and other certificated personnel have not heretofore had the authority and the right to administer reasonable corporal or other punishment to pupils.]

      Sec. 161.  NRS 392.480 is hereby amended to read as follows:

      392.480  1.  It is unlawful for any person to disturb the peace of any public school by using vile or indecent language, or by threatening or assaulting any pupil or teacher within the building or grounds of the school. For the purposes of this subsection, the grounds of every public school shall extend to a distance of 50 yards in all directions from the school building. Any person who violates any of the provisions of this subsection shall be guilty of a misdemeanor.

      2.  It is unlawful for any person maliciously and purposely in any manner to interfere with or disturb any persons peaceably assembled within a public schoolhouse [.] for school district purposes. Any person who violates any of the provisions of this subsection shall be guilty of a misdemeanor.

      Sec. 162.  NRS 393.020 is hereby amended to read as follows:

      393.020  1.  The board of trustees of a school district [shall have the power to] may insure for a reasonable amount the schoolhouses, furniture and school apparatus with some company authorized by law to transact business in the State of Nevada, and [to] may comply with the conditions of the insurance policies.

      2.  [Any] Except as provided in subsection 3, any money received by a school district from insurance as payment for property loss shall be deposited with the county treasurer in a special fund to the credit of the school district, and may be expended in the manner provided by law for the repair, rebuilding or replacement of the property damaged or destroyed, without special budgeting provisions for such expenditure. [, or, if such]

      3.  If the repair, rebuilding or replacement of the property damaged or destroyed is not in the best interest of the district, as determined by the board of trustees, [such moneys] the insurance proceeds may be transferred from [such] the special fund to the school district buildings and sites fund.


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ê1979 Statutes of Nevada, Page 1618 (Chapter 667, SB 539)ê

 

transferred from [such] the special fund to the school district buildings and sites fund. This [section] subsection does not apply where, in order to obtain the maximum insurance proceeds, the insurance contract requires that the school improvement be reconstructed on the same site.

      Sec. 163.  NRS 393.0711 is hereby amended to read as follows:

      393.0711  No such use [shall] may be inconsistent with or interfere with the use and occupancy of the buildings or grounds for school purposes. [or interfere with the regular conduct of school work.]

      Sec. 164.  NRS 393.0717 is hereby amended to read as follows:

      393.0717  1.  The board of trustees of the school district shall make all necessary [rules and] regulations for the [conduct of] use of school buildings and grounds for civic meetings [, for such] and recreational activities, [as are provided for in NRS 393.071 to 393.0719, inclusive,] and for the aid, assistance and encouragement of [such] recreational activities.

      2.  The use of any school buildings or grounds for any meeting or recreational activity is subject to such reasonable regulations as the board of trustees prescribes.

      Sec. 165.  NRS 393.100 is hereby amended to read as follows:

      393.100  [1.] The board of trustees of a school district shall keep the public school buildings, teacherages, dormitories, dining halls, gymnasiums, stadiums and all other buildings in its charge in such repair as is necessary for the comfort and health of pupils and teachers.

      [2.  If the board of trustees neglects to make necessary repairs, the state department of education shall cause necessary repairs, not to exceed $500, to be made, and shall pay for the same by drawing its order upon the county auditor on the funds of the school district. The county auditor shall draw his warrant upon the county treasurer in payment of the order.]

      Sec. 166.  NRS 393.130 is hereby amended to read as follows:

      393.130  [After] When the board of trustees of a school district has twice followed the procedure for notice calling for bids [,] for the construction, repair or alteration of or an addition to a school building, as provided in chapter 332 of NRS, [has twice been followed,] if no satisfactory bid is received, the board [of trustees] may receive proposals, and enter into a contract on the basis of such proposals, [for the construction or repair of, alteration of or addition to the school building] on a cost-plus-a-fee basis, without further notice calling for bids.

      Sec. 167.  NRS 393.155 is hereby amended to read as follows:

      393.155  [Notwithstanding the provisions of any other law,] The board of trustees of any school district in this state may expend money available for school construction to make necessary improvements, including [but not limited to] without limitation sidewalks, curbs, gutters, street lights, traffic control signs or devices, fire hydrants, water and sewer lines, street paving and drainage for flood control, which are not located [off the premises] on the property of the school district but are necessary or appropriate to the school construction undertaken.

      Sec. 168.  NRS 393.200 is hereby amended to read as follows:

      393.200  [1.]The board of trustees of a school district shall provide a suitable flag of the United States for each schoolhouse in the school district.


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ê1979 Statutes of Nevada, Page 1619 (Chapter 667, SB 539)ê

 

school district. The flag shall be hoisted on the schoolhouse or flagpole on all days when school is in session.

      [2.  The board of trustees is authorized and directed to cause the flags to be paid for out of any school money in the school district fund.

      3.  If the board of trustees of a school district shall fail or neglect to provide a flag, the state department of education shall provide the school with a flag and shall cause the same to be installed upon the schoolhouse or flagpole provided therefor, and shall pay the expenses therefor by drawing its order upon the county auditor. The county auditor shall draw his warrant upon the county treasurer in payment of the order.]

      Sec. 169.  NRS 393.210 is hereby amended to read as follows:

      393.210  1.  All public printing required by the various school districts of this state shall be placed with some bona fide newspaper or bona fide commercial printing establishment within the school district requiring the [same; but if there is no] printing, if such a newspaper or printing establishment exists within the district.

      2.  If one or more bona fide [newspaper] newspapers or bona fide commercial printing [establishment] establishments exist within the school district but none is adequately equipped to do such printing, then the printing so required shall be placed through [the] a local bona fide newspaper or bona fide commercial printing establishment.

      [2.  Nothing in this section shall be construed as requiring] This subsection does not require school districts to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the printing.

      3.  [Except as otherwise authorized in subsection 5, printing] Printing required by school districts shall be done within the state [.] , except that school district bonds and other evidences of indebtedness may be printed outside the state.

      4.  [The provisions of this section are contingent upon] Printing is required to be placed as provided in this section only if satisfactory services [being] are rendered by all such printing establishments and reasonable charges are made therefor. Reasonable charges [shall mean a charge] are charges not in excess of the amount necessary to be paid for similar work in other printing establishments.

      [5.  Nothing in this section shall be construed as prohibiting the printing of school district bonds and other evidences of indebtedness outside the state.]

      Sec. 170.  NRS 393.240 is hereby amended to read as follows:

      393.240  1.  Except as provided in subsection 5 and NRS 393.3251 to 393.3255, inclusive, when the board of trustees proposes to sell or lease any real property, the board shall appoint one appraiser. A second appraiser shall be appointed by the [state department of education.] superintendent of public instruction.

      2.  The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.


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ê1979 Statutes of Nevada, Page 1620 (Chapter 667, SB 539)ê

 

      3.  No sale or lease of real property shall be made for less than the value fixed by the appraisers.

      4.  The compensation of the appraisers shall be fixed by the board of trustees, and shall be a legal charge against the school district fund.

      5.  The board of trustees may sell real property without independent appraisal where the property is reasonably determined by the board to have a fair market value of $5,000 or less.

      Sec. 171.  NRS 393.328 is hereby amended to read as follows:

      393.328  1.  When the board of trustees proposes to exchange real property, the board shall appoint one appraiser. The owner of the other real property proposed to be exchanged shall appoint one appraiser. A third appraiser shall be appointed by the [state department of education.] superintendent of public instruction.

      2.  The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the real properties proposed to be exchanged.

      3.  The exchange of real property shall be made only at the values fixed by the appraisers. If the real properties sought to be exchanged are not of equal value, the owner of the parcel of real property of lesser value shall pay in money to the owner of the parcel of real property of greater value the difference.

      4.  The compensation of the appraisers shall be fixed by the board of trustees, and shall be a legal charge against the school district.

      Sec. 172.  Chapter 394 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Superintendent” means the superintendent of public instruction.

      Sec. 173.  NRS 394.005 is hereby amended to read as follows:

      394.005  As used in this chapter, the words and terms in NRS 394.005 to 394.103, inclusive, and section 172 of this act, have the meanings ascribed to them in [such] those sections.

      Sec. 174.  NRS 394.057 is hereby amended to read as follows:

      394.057  [“Grant”] “Granting” includes awarding, selling, conferring, bestowing or giving.

      Sec. 175.  NRS 394.160 is hereby amended to read as follows:

      394.160  1.  Any person who is charged with the duty, in a private school, college or university in this state, of giving instruction in the Constitution of the United States and the constitution of the State of Nevada [shall be required to] must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the constitution of the State of Nevada.

      2.  The [state board of education] superintendent may grant a reasonable time for compliance with the terms of this section.

      Sec. 176.  NRS 394.180 is hereby amended to read as follows:

      394.180  1.  It is unlawful for any person:

      (a) Willfully and maliciously to injure, mark or deface any private schoolhouse, its fixtures, books or appurtenances; [or]

      (b) To commit any nuisance in any private schoolhouse; [or]


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ê1979 Statutes of Nevada, Page 1621 (Chapter 667, SB 539)ê

 

      (c) To loiter on or near the school grounds; [or]

      (d) Purposely and maliciously to commit any trespass upon the grounds attached to a private schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same; or

      (e) In any manner maliciously and purposely to interfere with or disturb any persons peaceably assembled within a private schoolhouse [.] for school purposes.

      2.  Any person violating any of the provisions of subsection 1 [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.

      Sec. 177.  (There is no section 177.)

      Sec. 178.  NRS 394.221 is hereby amended to read as follows:

      394.221  1.  The [department, under the direction and control of the board, shall administer the provisions] board shall:

      (a) Adopt regulations governing the administration of the Private Elementary and Secondary Education Authorization Act. [in addition to any other duties prescribed by law.

      2.  The department, with the approval of the board, shall:

      (a)](b) Establish minimum criteria, in conformity with NRS 394.241, which applicants for a license or agent’s permit [shall] must meet before a license or permit is issued. The criteria [shall] must be sufficient to effectuate the purposes of the Private Elementary and Secondary Education Authorization Act but not unreasonably hinder legitimate educational innovation.

      [(b)]2.  The superintendent shall administer the provisions of the Private Elementary and Secondary Education Authorization Act in accordance with the regulations of the board. He shall:

      (a) Receive, investigate as necessary and act upon applications for licenses and agents’ permits.

      [(c)](b) Maintain a list of agents and private elementary and secondary education institutions authorized to operate in this state. The list shall be available for the information of the public.

      [(d) Receive, and maintain as a permanent file, copies of academic records in conformity with NRS 394.341.]

      Sec. 179.  NRS 394.231 is hereby amended to read as follows:

      394.231  The [department, with the approval of the board,] superintendent may:

      1.  Request from any other department, division, board, bureau, commission or other agency of the state, and the latter agency shall provide, any information which it possesses that will enable the [department] superintendent to exercise properly [its] his powers and perform [its] his duties under the Private Elementary and Secondary Education Authorization Act.

      2.  [Negotiate] With the approval of the board, negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in [the] his judgment [of the department] such agreements are or will be helpful in effectuating the purposes of the Private Elementary and Secondary Education Authorization Act, but nothing contained in any such reciprocity agreement may limit the [department’s] powers, duties and responsibilities of the superintendent independently to investigate or act upon any application for a license to operate or any application for renewal of a license to operate an elementary or secondary educational institution, or an application for issuance or renewal of any agent’s permit, or to enforce any provision of the Private Elementary and Secondary Education Authorization Act, or any regulations promulgated under it.


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

ê1979 Statutes of Nevada, Page 1622 (Chapter 667, SB 539)ê

 

duties and responsibilities of the superintendent independently to investigate or act upon any application for a license to operate or any application for renewal of a license to operate an elementary or secondary educational institution, or an application for issuance or renewal of any agent’s permit, or to enforce any provision of the Private Elementary and Secondary Education Authorization Act, or any regulations promulgated under it.

      3.  Investigate, on [its] his own initiative or in response to any complaint lodged with [it,] him, any person subject to, or reasonably believed by the [department] superintendent to be subject to, [its] his jurisdiction, and in connection with an investigation:

      (a) Subpena any persons, books, records or documents pertaining to the investigation;

      (b) Require answers in writing under oath to questions propounded by the [department;] superintendent; and

      (c) Administer an oath or affirmation to any person.

A subpena issued by the [department] superintendent may be enforced by any district court of this state.

      4.  Exercise other powers implied but no enumerated in this section but in conformity with the provisions of the Private Elementary and Secondary Education Authorization Act which are necessary in order to carry out its provisions.

      Sec. 180.  NRS 394.241 is hereby amended to read as follows:

      394.241.  1.  An elementary or secondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:

      (a) The quality and content of each course of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.

      (b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.

      (c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably insure that the students will receive education consistent with the objectives of the course or program of study.

      (d) The institution provides [students] pupils and other interested persons with a catalog or brochure containing information describing the grades or programs offered, program objectives, length of school year or program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and such other material facts concerning the institution as are reasonably likely to affect the decision of the parents or [student] pupil to enroll in the institution, together with any other disclosures specified by the [department] superintendent or defined in [its] the regulations of the board, and [that] the information is provided to parents or prospective [students] pupils prior to enrollment.

      (e) Upon satisfactory completion of training or instruction, the [student] pupil is given appropriate educational credentials by the institution indicating that the course of instruction or study has been satisfactorily completed.


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

ê1979 Statutes of Nevada, Page 1623 (Chapter 667, SB 539)ê

 

indicating that the course of instruction or study has been satisfactorily completed. [by the student.]

      (f) Adequate records are maintained by the institution to show attendance, progress and performance.

      (g) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including regulations adopted relative to the safety and health of all person upon the premises.

      (h) The institution is fiancially sound and capable of fulfilling its commitments.

      (i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.

      (j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.

      (k) The [student] pupil housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.

      (l) The institution has a fair and equitable cancellation and refund policy.

      2.  Accreditation by national or regional accrediting agencies recognized by the United States Office of Education may be accepted [by the board] as evidence of compliance with the minimum standards established under this section. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by such agency if the institution as a whole is not accredited.

      Sec. 181.  NRS 394.251 is hereby amended to read as follows:

      394.251  1.  Each elementary or secondary educational institution desiring to operate in this state [shall] must apply to the [department] superintendent upon forms [to be] provided by the department. The application [shall] must be accompanied by [a] the catalog or brochure published or proposed to be published by the institution. [, containing the information specified in paragraph (d) of subsection 1 of NRS 394.241, including information required by regulations of the board.] The application [shall] must also be accompanied by evidence of the required surety bond and payment of the fees [as specified in NRS 394.331.] required by law.

      2.  After [receipt] review of the application and any further information required by the [board,] superintendent, and an investigation of the applicant if [the board considers it] necessary, the board shall either grant or deny a license to operate to the applicant.

      3.  The license shall state in clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the license.

      (b) The correct name and address of the institution licensed to operate.

      (c) The authority for approval and conditions of operation.

      (d) Any limitation of the authorization, as considered necessary by the board.


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

ê1979 Statutes of Nevada, Page 1624 (Chapter 667, SB 539)ê

 

      4.  The term for which authorization is given shall not exceed 2 years. A provisional license may be issued for a shorter period of time if the board finds that the applicant has not fully complied with the standards established under NRS 394.241.

      5.  The license shall be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license, and if it fails to do so, the institution’s license shall terminate. Application for a new license by reason of change in ownership of the institution is, for purposes of NRS 394.281, an application for renewal of the institution’s license.

      6.  At least 60 days prior to the expiration of a license, the institution [shall] must complete and file with the [department] superintendent an application form for renewal of its license. The renewal application shall be reviewed and acted upon as provided in this section.

      7.  An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the board, and thereafter its authority to operate is governed by the action of the [department.] board.

      Sec. 182.  NRS 394.261 is hereby amended to read as follows:

      394.261  1.  Each person desiring to solicit or perform the services of an agent in this state [shall] must apply to the [department] superintendent upon forms provided by the department. The application [shall] must be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the [department,] superintendent, and [shall] state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent’s permit for each institution represented, except that when an agent represents institutions having a common ownership only one agent’s permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application [shall] must be accompanied by the information required of institutions making application for a license. The application for an agent’s permit [shall] must also be accompanied by evidence of [a] the required surety bond and payment of the fees required by [NRS 394.331.] law.

      2.  After review of the application and any further information submitted by the applicant as required by regulations of the board, and any investigation of the applicant which the board or superintendent considers appropriate, the board shall grant or deny an agent’s permit to the applicant.

      3.  The agent’s permit shall state in a clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the permit.

      (b) The correct name and address of the agent.

      (c) The institutions which the agent is authorized to represent.

      4.  An agent’s permit shall not be issued for a term of more than 1 year.


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

ê1979 Statutes of Nevada, Page 1625 (Chapter 667, SB 539)ê

 

      5.  At least 30 days prior to the expiration of an agent’s permit, the agent [shall] must complete and file with the [department] superintendent an application for renewal of the permit. The renewal application shall be reviewed and acted upon as provided in this section.

      Sec. 183.  NRS 394.271 is hereby amended to read as follows:

      394.271  1.  At the time application is made for an agent’s permit, a license to operate or a license renewal, the [department] superintendent shall require the elementary or secondary educational institution making the application to file [with the department] a good and sufficient surety bond in the sum of not less than $5,000. The bond [shall] must be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond [shall] must be made payable to the State of Nevada and be conditioned to provide indemnification to any [student,] pupil, enrollee or his parent or guardian determined to have suffered damage as a result of any act by any elementary or secondary education institution or [their] its agent which is a violation of the Private Elementary and Secondary Education Authorization Act, and the bonding company shall pay any final, nonappealable judgment of any court of this state that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety [shall] does not exceed the penal sum of the bond.

      2.  The surety bond [to be filed in accordance with his section shall] must cover the period of the license or the agent’s permit, as appropriate, except when a surety is released.

      3.  A surety on any bond filed under this section may be released after the surety gives 30 days’ written notice to the [department,] superintendent, but the release [shall] does not discharge or otherwise affect any claim filed by a [student,] pupil, enrollee or his parent or guardian for damage resulting from any act of the elementary or secondary educational institution or agent which is alleged to have occurred while the bond was in effect, nor for an institution’s closing operations during the term for which tuition has been paid while the bond was in force.

      4.  A license or an agent’s permit [shall be] is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section; but the [department] superintendent shall give the institution or agent, or both, at least 30 days’ written notice prior to the release of the surety that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.

      Sec. 184.  NRS 394.281 is hereby amended to read as follows:

      394.281  1.  If the board, upon review and consideration of an application for a license or for an agent’s permit, or a renewal of a license or agent’s permit, determines that the applicant fails to meet the criteria for granting the application, the [board] superintendent shall notify the applicant by certified mail setting forth the reasons for the denial of the application.

      2.  The [department] superintendent may grant to an applicant for renewal an extension of time to eliminate the reasons recited in the denial letter if:


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

ê1979 Statutes of Nevada, Page 1626 (Chapter 667, SB 539)ê

 

      (a) The applicant has demonstrated [to the department its or] his desire to meet the criteria; and

      (b) The [department] superintendent reasonably believes that the applicant can correct the deficiencies within the extension period.

      3.  If the board denies an application for an agent’s permit, or an application for renewal, [it] the superintendent shall notify the institution which the agent represented or sought to represent, setting forth the reasons for the denial. [in accordance with the department’s records.]

      Sec. 185.  NRS 394.291 is hereby amended to read as follows:

      394.291  Any person aggrieved by [a decision of the board denying] the denial or revocation of a license to operate or an agent’s permit, or the placement of conditions on the license to operate or agent’s permit, is entitled to a hearing before the board if the aggrieved person submits a written request for a hearing within 10 days from receipt of the [board’s] letter of denial [.] , revocation or placement of conditions. If no request is submitted within the prescribed period the decision of the board is final.

      Sec. 186.  NRS 394.301 is hereby amended to read as follows:

      394.301  1.  [A] The board may revoke or make conditional a license to operate or an agent’s permit [may be revoked or made conditional] after its issuance if [the department] it reasonably believes that the holder of the license or permit has violated the Private Elementary and Secondary Education Authorization Act or any regulations adopted under it. Prior to the revocation or imposition of conditions, the [department] superintendent shall notify the holder by certified mail of facts or conduct which warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days of receipt of the [department’s] notice letter.

      2.  If an agent’s permit is revoked or conditions imposed, the [department] superintendent shall, by certified mail, notify the institutions which the agent represented in addition to the agent and any other parties to any hearing.

      Sec. 187.  NRS 394.311 is hereby amended to read as follows:

      394.311  1.  Any person claiming damage either individually or as a representative of a class of complainants as a result of any act by an elementary or secondary educational institution or its agent, or both, which is a violation of the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it, may file with the [department] superintendent a verified complaint against the institution, its agent or both. The complaint shall set forth the alleged violation and contain other information as required by regulations of the board. A complaint may also be filed [with the board] by the superintendent [of public instruction or] on his own motion or by the attorney general.

      2.  The [department] superintendent shall investigate any verified complaint and may, at [its] his discretion, attempt to effectuate a settlement by persuasion and conciliation. The [department] board may consider a complaint after 10 days’ written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.


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

ê1979 Statutes of Nevada, Page 1627 (Chapter 667, SB 539)ê

 

      3.  If, after consideration of all evidence presented at a hearing, the board finds that an elementary or secondary educational institution or its agent, or both, has engaged in any act which violates the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it, the board shall issue and the superintendent shall serve upon the institution or agent or both, an order to cease and desist from such act. The board may also, as appropriate, based on [its own] the superintendent’s investigation or the evidence adduced at the hearing, or both, institute an action to revoke an institution’s license or an agent’s permit.

      Sec. 188.  NRS 394.321 is hereby amended to read as follows:

      394.321  If the board determines that irreparable injury would result from [the implementation of its decision, it] putting into immediate effect any final action or penalty imposed under the Private Elementary and Secondary Education Authorization Act, it shall postpone the effective date of [its] the action pending [judicial] review.

      Sec. 189.  NRS 394.331 is hereby amended to read as follows:

      394.331  All fees collected pursuant to the provisions of the Private Elementary and Secondary Education Authorization Act shall be deposited in the state treasury to the credit of the general fund, and no fees so collected are subject to refund. The fees, to be collected by the [department shall] superintendent, must accompany an application for a license to operate or an agent’s permit, in accordance with the following schedule:

      1.  The initial application fee for an elementary or secondary educational institution is $50.

      2.  The renewal fee for an elementary or secondary educational institution is $50.

      3.  The initial fee for an agent’s permit is $5.

      4.  The renewal fee for an agent’s permit is $5.

      Sec. 190.  NRS 394.341 is hereby amended to read as follows:

      394.341  1.  If any elementary or secondary educational institution operating in this state proposes to discontinue its operation, the chief administrative officer of the institution, by whatever title designated, shall file with the [department] superintendent original or true copies of all academic records of the institution as specified by the [department.] superintendent. The records shall include, as a minimum, academic information customarily required by schools when considering [students] pupils for transfer or advanced study; and, as a separate document, the academic record of each former [student.] pupil.

      2.  If it appears to the [department] superintendent that academic records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid or otherwise made unavailable, [to the department,] the [department] superintendent may seek a court order permitting the seizure of such records.

      3.  The [department shall] superintendent shall receive and maintain a permanent file of such records coming into [its] his possession.

      Sec. 191.  NRS 394.351 is hereby amended to read as follows:

      394.351  It is unlawful for any person, alone or in concert with others, to:


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

ê1979 Statutes of Nevada, Page 1628 (Chapter 667, SB 539)ê

 

      1.  Operate in this state an elementary or secondary educational institution not exempted from the provisions of the Private Elementary and Secondary Education Authorization Act, unless the institution has a currently valid license to operate.

      2.  Offer, as or through an agent, enrollment or instruction in, or educational credentials from, an elementary or secondary educational institution not exempted from the provisions of the Private Elementary and Secondary Education Authorization Act, whether the institution is within or outside this state, unless the agent is a natural person and has a currently valid agent’s permit, except that the [department may, with the approval of the board,] board may adopt regulations to permit a person to disseminate legitimate public information without a permit.

      3.  Instruct or educate, or offer to instruct or educate (including advertising or soliciting for such purpose), enroll or offer to enroll, or contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act in this state, whether the person is located within or outside this state, unless such person complies with the minimum standards set forth in NRS 394.251 and the regulations adopted by the board.

      4.  Use the terms “kindergarten,” “elementary,” “middle school,” “junior high school,” “high school” or “secondary” without authorization to so do from the superintendent in accordance with regulations of the board.

      5.  Grant, or offer to grant, educational credentials, without a currently valid license to operate. [from the board.]

      Sec. 192.  NRS 394.371 is hereby amended to read as follows:

      394.371  The following kinds of education and institutions are exempted from the provisions of the Postsecondary Educational Authorization Act:

      1.  Institutions exclusively offering instruction at any level from preschool through the twelfth grade.

      2.  Education sponsored by a bona fide trade, business, professional or fraternal organization, so recognized by the administrator in accordance with regulations of the commission, solely for the organization’s membership, or offered on a no-fee basis.

      3.  Education solely avocational or recreational in nature, as determined by the administrator in accordance with regulations of the commission, and institutions offering such education exclusively.

      4.  Education offered by eleemosynary institutions, organizations or agencies, so recognized by the administrator in accordance with regulations of the commission, if such education is not advertised or promoted as leading toward educational credentials.

      5.  Postsecondary educational institutions established, operated and governed by this state or its political subdivisions.

      6.  Schools licensed under other provisions of Nevada law.

      7.  Flying schools certificated by the Federal Aviation Administration.

      Sec. 193.  NRS 394.411 is hereby amended to read as follows:

      394.411  1.  The commission shall adopt regulations governing the administration of the Postsecondary Educational Authorization Act and may adopt such other regulations, not inconsistent with the constitution and laws of this state, as are proper or necessary for the execution of the powers and duties conferred upon it by law.


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

ê1979 Statutes of Nevada, Page 1629 (Chapter 667, SB 539)ê

 

and laws of this state, as are proper or necessary for the execution of the powers and duties conferred upon it by law.

      2.  The administrator shall [administer] execute, direct or supervise all administrative, technical and procedural activities under the provisions of the Postsecondary Educational Authorization Act [,] in accordance with the policies and regulations of the commission and subject to the commission’s direction and control. [of the commission. The commission shall approve all regulations pursuant to the Postsecondary Educational Authorization Act.]

      Sec. 194.  NRS 394.421 is hereby amended to read as follows:

      394.421  1.  The [administrator, with the approval of the commission, shall:

      1.  Establish] commission shall establish minimum criteria in conformity with NRS 394.450, including quality of education, ethical and business practices, health and safety, and fiscal responsibility, which applicants for a license to operate, or for an agent’s permit, [shall] must meet before the license or permit may be issued and to continue the license or permit in effect. The criteria [to be developed] shall be sufficient to effectuate the purposes of the Postsecondary Educational Authorization Act, but not unreasonably hinder legitimate [education] educational innovation.

      2.  The administrator shall:

      (a) Receive, investigate as necessary [,] and act upon applications for a license to operate postsecondary educational institutions licensed and applications for agents’ permits.

      [3.](b) Maintain a list of postsecondary educational institutions licensed and agents permitted to operate in this state. The list [shall] must be available for the information of the public.

      [4.  Receive and maintain as a permanent file, copies of academic records in conformity with NRS 394.550.

      5.](c) Direct the technical and administrative activities of the commission.

      [6.  Perform any lawful acts considered necessary or desirable to carry out the provisions and purposes of the Postsecondary Educational Authorization Act.]

      Sec. 195.  NRS 394.430 is hereby amended to read as follows:

      394.430  The administrator [, with the approval of the commission,] may:

      1.  [Negotiate] With the approval of the commission, negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in [the] his judgment [of the commission] the agreements are or will be helpful in effectuating the purposes of the Postsecondary Educational Authorization Act, but nothing contained in any reciprocity agreement may limit the [commission’s] powers, duties and responsibilities of the administrator independently to investigate or act upon any application for a license to operate a postsecondary educational institution, or an application for issuance or renewal of any agent’s permit, or with respect to the enforcement of any provision of the Postsecondary Educational Authorization Act, or any regulation promulgated under it.

      2.  Investigate, on [the commission’s] his own initiative or in response to any complaint lodged with [it,] him, any person subject to, or reasonably believed by the [commission] administrator to be subject to, its jurisdiction and in connection with an investigation:

 


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

ê1979 Statutes of Nevada, Page 1630 (Chapter 667, SB 539)ê

 

response to any complaint lodged with [it,] him, any person subject to, or reasonably believed by the [commission] administrator to be subject to, its jurisdiction and in connection with an investigation:

      (a) Subpena any persons, books, records or documents pertaining to the investigation;

      (b) Require answers in writing oath to questions propounded by the [commission;] administrator; and

      (c) Administer an oath or affirmation to any person.

A subpena issued by the [commission] administrator may be enforced by any district court of this state.

      3.  Exercise other powers implied but not enumerated in this section but in conformity with the provisions of the Postsecondary Educational Authorization Act which are necessary in order to carry out its provisions.

      Sec. 196.  NRS 394.440 is hereby amended to read as follows:

      394.440  1.  The administrator may request from any department, division, board, bureau, commission or other agency of the state, and the latter agency shall provide, any information which it possesses that will enable [the commission] him to exercise properly [its] his powers and perform [its] his duties under the Postsecondary Educational Authorization Act.

      2.  If no agency of the state possesses the information or expert knowledge which the commission finds is necessary to a determination of whether an applicant for the issuance or renewal of a license has complied with the minimum standards prescribed by the commission pursuant to law, the commission may consult with the persons outside state government who have the requisite expert knowledge, and may require that the necessary cost of such consultation be paid by the institution whose application is under consideration.

      Sec. 197.  NRS 394.450 is hereby amended to read as follows:

      394.450  1.  A postsecondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:

      (a) The quality and content of each course or program of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.

      (b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.

      (c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably insure that the students will receive education consistent with the objectives of the course or program of study.

      (d) The institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered, program objectives, length of program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and other material facts concerning the institution and the program or course of instruction as are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the [commission] administrator or defined in the regulations of the commission, and [that] the information is provided to prospective students prior to enrollment.


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

ê1979 Statutes of Nevada, Page 1631 (Chapter 667, SB 539)ê

 

together with any other disclosures specified by the [commission] administrator or defined in the regulations of the commission, and [that] the information is provided to prospective students prior to enrollment.

      (e) Upon satisfactory completion of training, the student is given appropriate educational credentials by the institution, indicating that the course of instruction or study has been satisfactorily completed by the student.

      (f) Adequate records and standards are maintained by the institution to reflect attendance, progress and performance.

      (g) The institution is maintained and operated in compliance with all pertinent local ordinances and state laws, including regulations adopted pursuant thereto, relative to the safety and health of all persons upon the premises.

      (h) The institution is financially sound and capable of fulfilling its commitments to students.

      (i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.

      (j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.

      (k) The student housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.

      (l) The institution has a fair and equitable cancellation and refund policy which [shall provide] provides students who cancel their enrollments during the first 25 percent of the course with a refund equal to 50 percent of the total tuition fee, or a proportionate amount of such total fee if the withdrawing student has not paid the total fee. Such institutions may, but [shall not be] are not required to, refund a greater percentage of the tuition fee or provide refunds for students who withdraw after completing more than the first 25 percent of the course.

      (m) In the case of a degree-granting institution, [that] it complies with the requirements of NRS 394.630.

      2.  Accreditation by national or regional accrediting agencies recognized by the United States Office of Education may be accepted [by the commission] as evidence of compliance with the minimum standards established under subsection 1, or the [commission] administrator may require further evidence and make further investigation as in [its judgment] his judgment or the judgment of the commission may be necessary. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited.

      Sec. 198.  NRS 394.460 is hereby amended to read as follows:

      394.460  1.  Each postsecondary educational institution desiring to operate in this state [shall] must apply to the [commission,] administrator, upon forms [to be] provided by the [commission.] administrator. The application [shall] must be accompanied by [a] the catalog or brochure published or proposed to be published by the institution. [containing the information specified in paragraph (d) of subsection 1 of NRS 394.450, including information required by regulations of the commission.]


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

ê1979 Statutes of Nevada, Page 1632 (Chapter 667, SB 539)ê

 

NRS 394.450, including information required by regulations of the commission.] The application [shall] must also be accompained by evidence of the required surety bond and payment of the fees [specified in NRS 394.540.] required by law.

      2.  After review of the application and any other information required by the [commission] administrator and an investigation of the applicant, if necessary, the commission shall grant or deny a license to the applicant.

      3.  The license [shall] must state in clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the license.

      (b) The correct name and address of the institution.

      (c) The authority for approval and conditions of operation.

      (d) Any limitation considered necessary by the commission.

      4.  The term for which the license is given [shall] must not exceed 2 years. A provisional license may be issued for a shorter period of time, and may include limitations considered necessary by the commission, if the [commission] administrator finds that the applicant has not fully complied with the standards established under NRS 394.450.

      5.  The license to operate [shall] must be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license and if it fails to do so, the institution’s license terminates. Application for a new license by reason of change in ownership of the institution is, for purposes of NRS 394.490, an application for a license renewal.

      6.  At least 60 days prior to the expiration of a license to operate, the institution [shall] must complete and file with the [commission] administrator an application form for renewal of its license. The renewal application shall be reviewed and acted upon [as] by the administrator in the manner provided in this section.

      Sec. 199.  NRS 394.470 is hereby amended to read as follows:

      394.470  1.  Each person desiring to solicit or perform the services of an agent in this state [shall] must apply to the [commission] administrator upon forms provided by the [commission.] administrator. The application [shall] must be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the [commission,] administrator, and [shall] must state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent’s permit for each institution represented, except that when an agent represents institutions having a common ownership, only one agent’s permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application [shall] must be accompanied by the information required of institutions making application for a license. The application for an agent’s permit [shall] must also be accompanied by evidence of [a] the required surety bond [as required by this act,] and payment of the fees required by [NRS 394.540.] law.

      2.  After review of the application and other information submitted by the applicant, as required by regulation of the commission, and any investigation of the applicant which the administrator considers appropriate, the [commission] administrator shall grant or deny an agent’s permit to the applicant.


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ê1979 Statutes of Nevada, Page 1633 (Chapter 667, SB 539)ê

 

by the applicant, as required by regulation of the commission, and any investigation of the applicant which the administrator considers appropriate, the [commission] administrator shall grant or deny an agent’s permit to the applicant.

      3.  The agent’s permit [shall] must state in a clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the permit.

      (b) The correct name and address of the agent.

      (c) The institutions which the agent is authorized to represent.

      4.  An agent’s permit [shall] must not be issued for a term of more than 1 year.

      5.  At least 30 days prior to the expiration of an agent’s permit, the agent [shall] must complete and file with the [commission] administrator an application for renewal of the permit. [The] The administrator shall review and act upon the renewal application [shall be reviewed and acted upon] as provided in this section [.] for an original application.

      Sec. 200.  NRS 394.480 is hereby amended to read as follows:

      394.480  1.  At the time application is made for an agent’s permit, a license to operate or for a license renewal, the [commission] administration shall require the postsecondary educational institution making the application to file [with the commission] a surety bond in the sum of not less than $5,000. The bond [shall] must be executed by the applicant as principal and by a surety company as surety. The bond [shall] must be payable to the State of Nevada and [shall] must be conditioned to provide indemnification to any student, enrollee or his parent or guardian, determined by a final judgment to have suffered damage as a result of any act by the postsecondary educational institution which is a violation of the Postsecondary Educational Authorization Act. The bonding company shall provide indemnification upon receipt of written notice of such judgment. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety [shall] does not exceed the penal sum of the bond.

      2.  The surety bond [to be filed in accordance with this section shall] must cover the period of the license to operate or the agent’s permit, as appropriate, except when a surety is released.

      3.  A surety or any bond filed under this section may be released after the surety gives 30 days’ written notice to the [commission,] administrator, but the release [shall] does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary institution or agent alleged to have occurred while the bond was in effect, nor for an institution’s ceasing operations during the term for which tuition [has] had been paid while the bond was in force.

      4.  A license or an agent’s permit [shall be] is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section; but the [commission] administrator shall give the institution or agent, or both, at least 30 days’ written notice prior to the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.


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ê1979 Statutes of Nevada, Page 1634 (Chapter 667, SB 539)ê

 

is filed in the same manner and amount as the bond being terminated.

      Sec. 201.  NRS 394.490 is hereby amended to read as follows:

      394.490  1.  If the commission, upon review and consideration of an application for a license to operate, or the administrator, upon review and consideration of an application for an agent’s permit [,] or for renewal of a license or agent’s permit, determines that the applicant fails to meet the criteria for granting the application, the [commission] administrator shall notify the applicant by certified mail, setting forth the reasons for the denial of the application.

      2.  The [commission] administrator may grant to an applicant for renewal an extension of time to eliminate the reasons recited in the denial letter if:

      (a) The applicant has demonstrated [to the commission its or] his desire to meet the criteria; and

      (b) The [commission] administrator reasonably believes that the applicant can correct the deficiencies within the extension period.

      3.  If the [commission] administrator denies an application for [a license or] an agent’s permit, or an application for renewal, [it] he shall notify the institution which the agent represented or sought to represent, setting forth the reasons for the denial. [in accordance with the commission’s records.]

      Sec. 202.  NRS 394.500 is hereby amended to read as follows:

      394.500  Any person aggrieved by [a decision of the commission denying] the denial of a license or an agent’s permit, or by the placement of conditions on the license or agent’s permit, is entitled to a hearing before the commission, if the aggrieved person submits a written request for a hearing within 10 days from the receipt of the [commission’s] letter of denial [.] or placement of conditions. If no request is submitted within the prescribed period the [decision] denial or placement of conditions is final.

      Sec. 203.  NRS 394.510 is hereby amended to read as follows:

      394.510  1.  [A license or an agent’s permit may be revoked or made] The commission may revoke a license, or make it conditional after its issuance, if the commission reasonably believes that the holder [of the license or permit] has violated the Postsecondary Educational Authorization Act or regulations adopted [hereunder.] under it.

      2.  The administrator may revoke an agent’s permit, or make it conditional after its issuance, if he reasonably believes that the holder has violated the Postsecondary Education Authorization Act or regulations adopted under it.

      3.  Prior to any revocation or imposition of conditions [, the commission] pursuant to subsection 1 or 2, the administrator shall notify the holder by certified mail of facts or conduct which warrant the impending action [, setting forth the basis for the commission’s actions and advising] and advise the holder that if a hearing is desired it must be requested within 10 days of receipt of the [commission’s] notice letter. If no hearing is requested within the prescribed period the [commission’s decision is] action becomes final.

      [2.]4.  If an agent’s permit is revoked or conditions imposed, the [commission] administrator shall notify, by certified mail, the institution which the agent represented in addition to the agent and any other parties to any hearing.


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ê1979 Statutes of Nevada, Page 1635 (Chapter 667, SB 539)ê

 

which the agent represented in addition to the agent and any other parties to any hearing.

      Sec. 204.  NRS 394.520 is hereby amended to read as follows:

      394.520  1.  Any person claiming damage, either individually or as a representative of a class of complainants, as a result of any act by a postsecondary educational institution or its agent, or both, which is a violation of the Postsecondary Educational Authorization Act or regulations promulgated under it, may file with the [commission] administrator a verified complaint against the institution, its agent or both. The complaint [shall] must set forth the alleged violation and contain other information as required by regulations of the commission. A complaint may also be filed by a commissioner or the attorney general. [with the commission.]

      2.  The [commission] administrator shall investigate any verified complaint and may, at [its] his discretion, attempt to effectuate a settlement by persuasion and conciliation. The commission may consider a complaint after 10 days’ written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.

      3.  If, after consideration of all the evidence presented at a hearing, the commission finds that a postsecondary educational institution or its agent, or both, has engaged in any act which violates the Postsecondary Educational Authorization Act or the regulations promulgated under it, the commission shall issue and the administrator shall serve upon the institution or agent, or both, an order to cease and desist from such act. The commission may also, as appropriate, based on [its own] the administrator’s investigation and the evidence adduced at the hearing, or either of them, institute [an action] proceedings to revoke an institution’s license or recommend that the administrator institute proceedings to revoke an agent’s permit.

      Sec. 205.  NRS 394.530 is hereby amended to read as follows:

      394.530  If the commission with respect to its actions or the administrator with respect to his actions determines that irreparable injury would result from [the implementation of its decision, it] putting into immediate effect a final action or penalty imposed under the Postsecondary Educational Authorization Act, the commission or administrator, as appropriate, shall postpone the effective date of [its] the action pending review.

      Sec. 206.  NRS 394.540 is hereby amended to read as follows:

      394.540  1.  All fees collected pursuant to the provisions of the Postsecondary Educational Authorization Act [shall] must be deposited in the state treasury to the credit of the general fund, and no fees so collected are subject to refund. The fees, to be collected by the [commission shall] administrator, must accompany an application for a license to operate or an agent’s permit.

      2.  The commission shall, by regulation, adopt a fee schedule which may not exceed the following:

      (a) The initial application fee or renewal fee for a postsecondary education institution                                                                                                                                          $250

      (b) The initial fee or renewal fee for an agent’s permit..................................          30


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ê1979 Statutes of Nevada, Page 1636 (Chapter 667, SB 539)ê

 

      Sec. 207.  NRS 394.550 is hereby amended to read as follows:

      394.550  If any postsecondary educational institution operating in this state proposes to discontinue its operation, the chief administrative officer of the institution shall file with the [commission] administrator original or true copies of all academic records of the institution specified by regulations of the commission. The records [shall] must include, as a minimum, academic information customarily required by colleges when considering students for transfer or advanced study; and, as a separate document, the academic record of each former student. If it appears to the [commission] administrator that academic records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid or otherwise made unavailable to the commission, the [commission] administrator may seek a court order permitting the seizure of such records. The [commission shall] administrator shall receive and maintain a file of such records in [its] his possession.

      Sec. 208.  NRS 394.560 is hereby amended to read as follows:

      394.560  It is unlawful for any person, alone or in concert with others, to:

      1.  Operate in this state a postsecondary educational institution not exempted from the provisions of the Postsecondary Educational Authorization Act, unless the institution has a currently valid license to operate.

      2.  Offer, as or through an agent enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from the provisions of the Postsecondary Educational Authorization Act, whether the institution is within or outside this state, unless the agent is a natural person and has a currently valid permit, except that the commission may adopt regulations to permit the rendering of legitimate public information services without a permit.

      3.  Instruct or educate, or offer to instruct or educate (including advertising or soliciting for such purpose), enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act in this state, whether the person is located within or outside this state, unless such person complies with the minimum standards set forth in NRS 394.450, and regulations adopted by the commission.

      4.  Grant, or offer to grant, educational credentials without a currently valid license. [from the commission.]

      Sec. 209.  NRS 394.580 is hereby amended to read as follows:

      394.580  1.  Any elementary, secondary or postsecondary educational institution not exempt from the provisions of this chapter, whether or not a resident of or having a place of business in this state, which instructs or educates, or offers to instruct or educate, enrolls or offers to enroll, contracts or offers to contract, to provide instructional or educational services in this state, whether the instruction or services are provided in person or by correspondence, to a resident of this state, or which offers to award or awards any educational credentials to a resident of this state, thereby submits [the institution, and, if a natural person his personal representative,] to the jurisdiction of the courts of this state, concerning any cause of action arising from violation of any section of this chapter. If the institution is a natural person, he thereby submits himself or his personal representative to such jurisdiction.


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ê1979 Statutes of Nevada, Page 1637 (Chapter 667, SB 539)ê

 

      2.  Service of process upon any institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by the Nevada Rules of Civil Procedure, with the same effect as if the summons had been personally served within this state.

      3.  This section does not limit the right to serve any process as prescribed by the Nevada Rules of Civil Procedure.

      Sec. 210.  NRS 395.030 is hereby amended to read as follows:

      395.030  1.  An adult handicapped person eligible to receive benefits under this chapter or a parent, guardian or other person having the care, custody or control of a handicapped person who is eligible [to receive benefits under this chapter] may file an application for those benefits with the board of trustees of the county school district in which the handicapped person is a resident. The application [shall] must contain the applicant’s sword statement that he is eligible to receive the benefits provided by this chapter and that to the best of his knowledge a special education program for his particular handicap and grade or level of education is not available within his school district.

      2.  If the board of trustees is satisfied that the statements contained in the application are true, the board shall certify that an appropriate special education program is not available in the county school district in which the handicapped person is a resident and transmit the application to the superintendent of public instruction.

      Sec. 211.  NRS 395.050 is hereby amended to read as follows:

      395.050  1.  When arrangements for the education and care of the handicapped person have been completed by the superintendent of public instruction, he shall advise the board of trustees of the county school district to make provision, at the expense of the school district, for transporting the handicapped person to a place designated by the superintendent. The superintendent shall make necessary arrangements for transporting the handicapped person from the designated place to the institution, foster home or other residential facility and return to the designated place at the expense of the state.

      2.  Except as provided in subsection 3, the expenses for education and care of the handicapped person [shall] must be paid by the state.

      3.  An adult handicapped person eligible to receive benefits under this chapter or a parent, guardian or other person having the care, custody or control of handicapped person [:] who is eligible:

      (a) May enter into a contract with the superintendent of public instruction to pay a share of the cost of education and care of such handicapped person.

      (b) Is liable for all medical expenses which are incurred while such handicapped person is receiving educational benefits.

      Sec. 212.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $1,000 in value, belonging to the judgment debtor to be selected by him.


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ê1979 Statutes of Nevada, Page 1638 (Chapter 667, SB 539)ê

 

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $1,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $1,500 in value.

      (e) The cabin or dwelling of a miner or prospector, not to exceed $500 in value; also, his cars, implements and appliances necessary for carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.

      (f) One vehicle if the judgment debtor’s equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) Poultry not exceeding in value $75.

      (h) For any pay period, 75 percent of the disposable earnings of a judgment debtor during such period, or the amount by which his disposable earnings for each week of such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (i) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (j) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (k) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, [and] all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state [.] and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (l) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $500 bears to the whole annual premium paid.


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ê1979 Statutes of Nevada, Page 1639 (Chapter 667, SB 539)ê

 

      (m) The homestead as provided for by law.

      (n) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $50,000 in value, where the dwelling is situate upon lands not owned by him.

      2.  No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      Sec. 213.  NRS 49.290 is hereby amended to read as follows:

      49.290  1.  As used in this section, “counselor” means a person who is regularly employed by a public or private school in this state as a counselor, psychologist or psychological examiner for the purpose of counseling pupils, and who holds a valid certificate issued by the [state department of education pursuant to the provisions of NRS 391.010 to 391.050, inclusive,] superintendent of public instruction authorizing the holder [thereof] to engage in pupil counseling.

      2.  Except for communications relating to any criminal offense the punishment for which is death or life imprisonment, communications by a pupil to a counselor in the course of counseling or psychological examination are privileged communications, and a counselor shall not, without the consent of the pupil, be examined as a witness concerning any such communication in any civil or criminal action to which such pupil is a party.

      Sec. 214.  NRS 49.291 is hereby amended to read as follows:

      49.291  1.  As used in this section, “teacher” means a person who is regularly employed by a public or private school in this state as a teacher or administrator and who holds a valid certificate issued by the [state department of education pursuant to the provisions of NRS 391.010 to 391.050, inclusive.] superintendent of public instruction authorizing the holder to teach or perform administrative functions in schools.

      2.  Communications by a pupil to a teacher concerning the pupil’s possession or use of drugs or alcoholic beverages made while the teacher was counseling or attempting to counsel such pupil are privileged communications and the teacher shall not, without the consent of the pupil, be examined as a witness concerning any such communication in any civil or criminal action to which the pupil is a party.

      Sec. 215.  NRS 233B.039 is hereby amended to read as follows:

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

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

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

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

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


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ê1979 Statutes of Nevada, Page 1640 (Chapter 667, SB 539)ê

 

      3.  The special provisions of:

      (a) Section 2 of [this act] Assembly Bill No. 667 of the 60th session of the Nevada legislature for the review of decisions involving the issuance of letters of approval for health facilities and agencies;

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

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

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

prevail over the general provisions of this chapter.

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

      Sec. 216.  NRS 251.040 is hereby amended to read as follows:

      251.040  1.  In addition to the requirements of NRS 251.030, the county auditor shall notify the clerk of the board of trustees of the county school district and send at the same time a duplicate of the report to the superintendent of public instruction, at the beginning of each month, showing the amount of funds left to the credit of the district at the beginning of the previous month, new funds credited during the previous month and the source thereof, the total of disbursements allowed by warrants during the previous month, and the balance to the credit of the district at the beginning of the month in which the report is rendered.

      2.  The report [shall] must be in such form as the [state board of education] superintendent of public instruction may prescribe.

      Sec. 217.  NRS 252.110 is hereby amended to read as follows:

      252.110  The district attorney shall:

      1.  Draw all indictments, when required by the grand jury.

      2.  Defend all suits brought against his county.

      3.  Prosecute all recognizances forfeited in the district court and all actions for the recovery of debts, fines, penalties and forfeitures accruing to his county.

      4.  [Draw] Except with respect to matters for which the board of trustees of the school district has employed private counsel, draw all legal papers, give his written opinion when required on matters relating to the duties of the board of trustees and transact the legal business of the [county] school district whose boundaries are conterminous with the boundaries of his county, and perform such other legal duties as may be required of him by the board of trustees. [of the county school district.]

      5.  Bring all actions on behalf of the county for abatement of nuisances pursuant to order of the board of county commissioners or, in the discretion of the district attorney, pursuant to an ordinance of the county as provided by NRS 244.360, subsection 6, including actions for injunction, as well as for recovery of compensatory and exemplary damages and costs of suit.


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ê1979 Statutes of Nevada, Page 1641 (Chapter 667, SB 539)ê

 

injunction, as well as for recovery of compensatory and exemplary damages and costs of suit.

      6.  Perform such other duties as may be required by him of law.

      Sec. 218.  NRS 350.704 is hereby amended to read as follows:

      350.704  1.  Bonds of any [school district or other] municipality abolished by [NRS 386.020 or any other] law may be refunded under the provisions hereof. Whether or not the bonds of the abolished municipality have been assumed by any successor municipality prior to the issuance of the refunding bonds, the refunding bonds [shall] must be authorized by the governing body of each successor municipality in which is situated all or any part of the area of the abolished municipality.

      2.  If the obligation of the abolished municipality evidenced by its outstanding bonds has not been assumed wholly or in part by a successor municipality prior to the authorization of the issuance of the refunding bonds, the refunding bonds shall be issued in the name of the abolished municipality and shall evidence the same character of obligations as evidenced by the refunded bonds.

      3.  To the extent any obligation evidenced by the refunded bonds has been so assumed by a successor municipality, the refunding bonds shall be authorized to be issued in the name of the successor municipality which shall reevidence such assumed obligation and shall evidence the same character of obligation as evidenced by such obligation as assumed by the successor municipality, subject to the limitations and other provisions in NRS 350.674 and 350.700.

      Sec. 219.  NRS 355.150 is hereby amended to read as follows:

      355.150  1.  Before making any investment in the bonds and other securities designated in NRS 355.140, the Nevada industrial commission, the state board of finance, [the state board of education,] or other board, commission or agency of the state, contemplating the making of any such investments shall make due and diligent inquiry as to:

      (a) Whether the bonds of such federal agencies are actually underwritten or payment thereof is guaranteed by the United States.

      (b) The financial standing and responsibility of the state or states, county or counties, incorporated cities, irrigation districts, drainage districts, school districts, and general improvement districts in the bonds or securities of which such investments are contemplated or are to be made.

      (c) Whether such bonds and other securities are valid and duly authorized and issued, and the proceedings incident thereto have been fully complied with.

      (d) The financial standing and responsibility of the person or persons, company or companies, corporation or corporations to whom or to which such loans are contemplated.

      (e) The value of the lands so mortgaged.

      2.  Such commission, board or other state agency shall require the attorney general:

      (a) To give his legal opinion in writing as to:

             (1) The validity of any laws under which such bonds or securities are issued and authorized and in which such investments are contemplated.


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ê1979 Statutes of Nevada, Page 1642 (Chapter 667, SB 539)ê

 

are issued and authorized and in which such investments are contemplated.

             (2) The validity of such bonds or other securities.

      (b) To examine and pass upon and to give his official opinion in writing upon the title and abstract of title or title insurance of all agricultural lands so mortgaged to secure such loans.

      3.  Unless such commission, board or other state agency is satisfied from such inquiry and opinion that the bonds of such federal agencies are underwritten or payment thereof guaranteed by the United States and of the financial standing and responsibility of the state, county, incorporated city or district issuing such bonds, then such commission, board or other state agency shall not invest such funds therein; but if satisfied as to the same, such commission, board or other state agency may, at its option, so invest such funds in such bonds.

      Sec. 220.  NRS 361.065 is hereby amended to read as follows:

      361.065  All [public schoolhouses, with lots appurtenant thereto,] lots, buildings and other school property owned by any legally created school district within the state [shall be] and devoted to public school purposes are exempt from taxation.

      Sec. 221.  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 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 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 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 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 [.]


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ê1979 Statutes of Nevada, Page 1643 (Chapter 667, SB 539)ê

 

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 [.] if the budget of the school district provides another source of money from which the debt service requirement must be met.

      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 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 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 or, if May 1 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 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. 222.  1.  NRS 385.011, 385.012, 385.070, 385.120, 385.130, 385.140, 385.260, 385.265, 385.270, 385.350, 385.370, 385.390, 385.420, 385.430, 385.440, 385.450, 385.460, 386.020, 387.033, 387.095, 387.111, 387.145, 387.150, 387.155, 387.160, 387.165, 387.190, 387.515, 387.520, 387.525, 388.010, 388.510, 388.580, 391.025, 391.030, 391.050, 391.140, 391.220, 391.250, 391.360, 391.370, 392.310, 393.040, 393.060, 393.0716, 393.150, 394.031 and 394.401 are hereby repealed.

      2.  Sections 95 and 96 of Senate Bill No. 72 of the 60th session of the Nevada legislature are hereby repealed.

      Sec. 223.  The repeal of NRS 386.020, 387.515, 387.525, 391.360 and 391.370 does not impair any outstanding right or obligation, and any such right or obligation may be enforced, without limitation of other means, in any manner provided in those sections as if they had not been repealed.


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ê1979 Statutes of Nevada, Page 1644 (Chapter 667, SB 539)ê

 

and 391.370 does not impair any outstanding right or obligation, and any such right or obligation may be enforced, without limitation of other means, in any manner provided in those sections as if they had not been repealed.

      Sec. 224.  The term of the superintendent of public instruction incumbent on the effective date of this act shall be deemed to have begun on April 1, 1978, and a new term shall begin on April 1, 1981.

      Sec. 225.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended or added by another act if reference is made to the department of education by its former name as the state department of education, substitute the new name.

      Sec. 226.  Sections 19, 85, 118, 122, 132, 152, 167, 196, 208, 212 and 215 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 668, SB 545

Senate Bill No. 545–Committee on Government Affairs

CHAPTER 668

AN ACT relating to airports; amending the Washoe County Airport Authority Act to change the name of the authority; specifying terms of office for the board of trustees of the authority; authorizing the authority to exercise the power of eminent domain and to adopt vehicular traffic regulations; providing for the enforcement of those regulations; authorizing short-term financing and relating to the sale of bonds; amending the Airport Zoning Act to authorize the creation of joint airport zoning boards; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  The title of the Washoe County Airport Authority Act, being chapter 474, Statutes of Nevada 1977, at page 968, is hereby amended to read as follows:

 

AN ACT creating the [Washoe County] Airport Authority [;] of Washoe County; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of the City of Reno to the authority; providing penalties; and providing other matters properly relating thereto.

 

      Sec. 2.  Section 1 of chapter 474, Statutes of Nevada 1977, at page 968, is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1645 (Chapter 668, SB 545)ê

 

       Section 1.  This act may be cited as the [Washoe County] Airport Authority Act [.] for Washoe County.

 

      Sec. 3.  Section 2 of chapter 474, Statutes of Nevada 1977, at pages 968 and 969, is hereby amended to real as follows:

 

       Sec. 2.  1.  The legislature finds that:

       (a) The airport of the City of Reno has traditionally been operated by the city as a municipal function and originally served primarily the city residents.

       (b) With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the City of Reno is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.

       (c) What was once a municipal airport in both name and fact is now a regional airport.

       (d) The financial problems of the airport have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.

       (e) The city of Reno is unable to operate the airport effectively within the traditional framework of local government, evidencing the need to create a special governmental corporation to provide specific facilities and services to the public.

       (f) Development of the modern airport requires the expenditure of vast sums of money for land acquisitions and capital improvements not available to the City of Reno through the issuance of municipal securities secured by general obligation tax receipts.

       (g) Because of special circumstances and conditions a general law cannot be made applicable, and this special act will allow the tax burden to spread over Washoe County rather than coming to rest solely upon the principal municipality of Washoe County.

       (h) This act will accommodate the expanding urban population patterns, provide adequate funding and establish the administrative machinery necessary to insure adequate air service to the region.

       2.  It is hereby declared as a matter of legislative determination that:

       (a) The organization of the [Washoe County] Airport Authority of Washoe County having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Reno area.

       (b) The acquisition, operation and financing of airports and related facilities by the [Washoe County] Airport Authority of Washoe County is for a public and governmental purpose and a matter of public necessity.

       (c) The [Washoe County] Airport Authority of Washoe County is a body corporate and politic and a quasi-municipal corporation, the geographical boundaries of which are conterminous with the boundaries of Washoe County.


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ê1979 Statutes of Nevada, Page 1646 (Chapter 668, SB 545)ê

 

       (d) For the accomplishment of the purposes stated in this subsection, the provisions of this act shall be broadly construed.

 

      Sec. 4.  Section 3 of chapter 474, Statutes of Nevada 1977, at page 969, is hereby amended to read as follows:

 

       Sec. 3.  As used in this act the following words or phrases are defined as follows:

       1.  “Airport” means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.

       2.  “Authority” means the [Washoe County] Airport Authority of Washoe County created pursuant to the provisions of this act.

       3.  “Board of trustees” and “board” each means the board of trustees of the authority.

       4.  “Carrier” means any person or corporation engaged in the air or space transportation of passengers or cargo.

       5.  “City of Reno” means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 662, Statutes of Nevada 1971, as amended.

       6.  “City of Sparks” means the municipal corporation in Washoe County, Nevada, created and existing pursuant to the provisions of chapter 470, Statutes of Nevada 1975, as amended.

       7.  “Washoe County” means the county created by and described in NRS 243.340.

 

      Sec. 5.  Section 4 of chapter 474, Statutes of Nevada 1977, at page 969, is hereby amended to read as follows:

 

       Sec. 4.  1.  The [Washoe County] Airport Authority of Washoe County is hereby created.

       2.  The property and revenues of the authority, or any interest therein, are exempt from all state, county and municipal taxation.

 

      Sec. 6.  Section 5 of chapter 474, Statutes of Nevada 1977, at page 969, is hereby amended to read as follows:

 

       Sec. 5.  1.  The authority shall be directed and governed by a board of trustees composed of seven persons [.] who serve at the pleasure of the appointing authority in each case.

       2.  The City of Reno shall be represented on the board by four members, the City of Sparks by one member and Washoe County by two members, appointed as specific in this section. [Within 30 days after the effective date of this act the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County shall appoint their representatives to serve on the board of trustees.


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ê1979 Statutes of Nevada, Page 1647 (Chapter 668, SB 545)ê

 

of Washoe County shall appoint their representatives to serve on the board of trustees.

       3.  The term of office of the members of the board of trustees shall be at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years.

       4.] The terms of all trustees appointed by the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County pursuant to this section prior to its amendment expire on July 1, 1981. On July 1, 1981:

       (a) The city council of the City of Reno shall appoint four trustees, two for terms of 2 years and two for terms of 4 years. Subsequent appointments shall be made for terms of 4 years.

       (b) The city council of the City of Sparks shall appoint one trustee for a term of 4 years. Subsequent appointments shall be made for a term of 4 years.

       (c) The board of county commissioners of Washoe County shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments shall be made for terms of 4 years.

       3.  The position of a member of the board of trustees shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

 

      Sec. 7.  Section 10 of chapter 474, Statutes of Nevada 1977, at pages 970 and 971, is hereby amended to read as follows:

 

       Sec. 10.  The authority may do all things necessary to accomplish the purposes of this act. The authority may, by reason of example and not of limitation:

       1.  Have perpetual succession and sue and be sued.

       2.  Plan, establish, acquire, construct, improve and operate one or more airports within Washoe County.

       3.  Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.

       4.  Sell, lease or otherwise dispose of any real property.

       5.  Acquire real property or any interest therein in areas most affected by aircraft noise for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.

       6.  Enter into agreements with Washoe County and the cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise, any airport of such county or municipality and to operate such airport.

       7.  [With the approval of the board of county commissioners of Washoe County, exercise] Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.


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ê1979 Statutes of Nevada, Page 1648 (Chapter 668, SB 545)ê

 

the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.

       8.  Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.

       9.  Study and recommend to the board of county commissioners of Washoe County and the city councils of the cities of Reno and Sparks zoning changes in the area of any airport operated by the authority with respect to height and aviation obstructions in order to enable the authority to meet the requirements of any Federal Aviation Administration regulations.

       10.  Have control of its [airport] airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.

       11.  Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Washoe County or the cities of Reno and Sparks, with the consent of any such county or municipality, and subject to such terms and conditions as may be agreed upon.

       12.  Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The authority is liable for actual damage done.

       13.  Provide its own fire protection, police and crash and rescue service.

       14.  Contract with carriers with regard to landings and the accommodations of the employees and passengers of such carriers.

       15.  Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, as necessary or incidental to the operation of the [airport.] airports.

       16.  Hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys or other professional or specialized personnel.

       17.  Adopt regulations governing vehicular traffic on its airports relating but not limited to speed restrictions, stopping, standing and parking, loading zones, turning movements and parking meters. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.

 

      Sec. 8.  Section 18 of chapter 474, Statutes of Nevada 1977, at page 973, is hereby amended to read as follows:

 

       Sec. 18.  Upon the conditions and under the circumstances set forth in this act [,] and in compliance with the Local Government Securities Law, the authority may borrow money and issue the following securities to evidence such borrowing:

 


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ê1979 Statutes of Nevada, Page 1649 (Chapter 668, SB 545)ê

 

Securities Law, the authority may borrow money and issue the following securities to evidence such borrowing:

       1.  Short-term notes, warrants and interim debentures.

       2.  General obligation bonds.

       3.  Revenue bonds.

 

      Sec. 9.  Section 20 of chapter 474, Statutes of Nevada 1977, at page 973, is hereby amended to read as follows:

 

       Sec. 20.  1.  The authority [, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Washoe County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes, warrants and interim debentures to evidence the amount so borrowed.

       2.  Such short-term notes, warrants and interim debentures:

       (a) Shall be payable from the fund for which the money was borrowed.

       (b) Shall mature before the close of the fiscal year in which the money is so borrowed, except for interim debentures.

       (c) Shall not be extended or funded except in compliance with the Local Government Securities Law.] may enter into short-term financing in compliance with NRS 354.430 to 354.460, inclusive, and 354.618.

      Sec. 10.  Section 25 of chapter 474, Statutes of Nevada 1977, at pages 974 and 975, is hereby amended to read as follows:

 

       Sec. 25.  1.  Subject to the limitations and other provisions in this act, the board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in [subsection 3:] subsection 3, 4 and 5:

       (a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

       (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

       (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes, which payment is secured by a pledge of and lien on such net revenues; or

       (d) Any combination of such securities.

       2.  Nothing in this act prevents the authority from funding, refunding or reissuing any outstanding securities of the authority of a type designated in subsection 1 as provided in the Local Government Securities Law.

       3.  General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an interest coupon rate of not to exceed 9 percent per annum, without regard to effective interest rate.


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ê1979 Statutes of Nevada, Page 1650 (Chapter 668, SB 545)ê

 

rate of not to exceed 9 percent per annum, without regard to effective interest rate. [If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.]

       4.  General obligation bonds, regardless of whether their payment is additionally secured by a pledge of and lien on net revenues, must be sold as provided in the Local Government Securities Law.

       5.  Revenue bonds may be sold at public sale as provided in the Local Government Securities Law or sold at private sale.

 

      Sec. 11.  Chapter 474, Statutes of Nevada 1977, at page 968, is hereby amended by adding thereto a new section to be designated as section 27.5, which shall immediately follow section 27 and shall read as follows:

 

       Sec. 27.5.  The approval of the board of county commissioners of Washoe County required by sections 12, 13 and 14 of this act must not be unreasonably, capriciously or arbitrarily withheld.

 

      Sec. 12.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Justices’ courts shall have jurisdiction of the following actions and proceedings:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $300.

      (b) In actions for damages for injury to the person, or for taking, detaining, or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or possession of the same, if the damage claimed does not exceed $300.

      (c) In actions for a fine, penalty, or forfeiture, not exceeding $300, given by statute, or the ordinance of an incorporated or unincorporated city where no issued is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $300, though the penalty may exceed that sum.

      (e) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $300.

      (f) In actions to recover the possession of personal property if the value of such property does not exceed $300.

      (g) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $300.

      (h) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.

      (i) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceeding shall be as prescribed by NRS upon that subject.

      (j) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $300.

      (k) Concurrent jurisdiction with the district courts of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $300.


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ê1979 Statutes of Nevada, Page 1651 (Chapter 668, SB 545)ê

 

      2.  The jurisdiction conferred by this section shall not extend to civil actions, in which the title of real property or mining claims, or questions affecting the boundaries of land, are involved; and if questions of title to real property be involved, cases involving such questions shall be disposed of as provided in NRS.

      3.  Justices’ courts shall have jurisdiction of the following public offenses, committed within the respective counties in which courts are established:

      (a) Petit larceny.

      (b) Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill.

      (c) Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding $500, or imprisonment not exceeding 6 months, or by both such fine and imprisonment.

      4.  Except as provided in [subsection 5,] subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada highway patrol pursuant to the duties prescribed by NRS 481.180, or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      6.  Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 13.  NRS 497.020 is hereby amended to read as follows:

      497.020  As used in this chapter, unless the context otherwise requires:

      1.  “Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized in the interest of the public for such purposes.

      2.  “Airport hazard” means any structure or tree or use of land which obstructs the airspace required for the flight of aircaft in landing or taking off at any airport, or is otherwise hazardous to such landing or taking off of aircraft.

      3.  “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.

      4.  “Person” means any natural person, firm, copartnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

      5.  “Political subdivision” means any [municipality, city, town, village or county.] county, incorporated city, unincorporated town or airport authority created by special legislative act as a quasi-municipal corporation.

      6.  “Public utility” means a person who operates any airline, broadcasting, community antenna television, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts such business for public use.


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ê1979 Statutes of Nevada, Page 1652 (Chapter 668, SB 545)ê

 

railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts such business for public use.

      7.  “Structure” means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead wires and other lines.

      8.  “Tree” means any object of natural growth.

      Sec. 14.  NRS 497.040 is hereby amended to read as follows:

      497.040  In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits may adopt, administer and enforce, under the police power and in the manner and upon the conditions [hereinafter] prescribed [,] in this chapter, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, [specify the] prohibit those land uses [permitted] which could cause a hazard to air traffic and regulate and restrict the height to which structures and trees may be erected or allowed to grow.

      Sec. 15.  NRS 497.050 is hereby amended to read as follows:

      497.050  1.  Where an airport is owned or controlled by a political subdivision other than an airport authority created by special legislative act as a quasi-municipal corporation, and any airport hazard area appertaining to such airport is located outside the territorial limits of the political subdivision, within or without the state, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by NRS 497.040 in the political subdivision within which such area is located.

      2.  Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation, and in addition a chairman elected by a majority of the members so appointed.

      Sec. 16.  NRS 497.080 is hereby amended to read as follows:

      497.080  1.  An airport zoning regulation [shall] must not be adopted, amended or repealed under this chapter except [by action of the joint board provided for in NRS 497.050, or the governing body of the political subdivision as provided in NRS 497.040,] :

      (a) In the case of an airport owned or controlled by an airport authority created by special legislative act as a quasi-municipal corporation, by the action of the joint airport zoning board within whose jurisdiction that airport lies;

      (b) In the case of an airport owned or controlled by any other political subdivision, by the action of the joint airport zoning board within whose jurisdiction that airport lies or, if there is no joint board, the governing body of a political subdivision,

after a public hearing in relation thereto, at which public utilities owning facilities in the are involved, other parties in interest and citizens have an opportunity to be heard.

      2.  At least 15 days’ notice of the hearing shall be given to all public utilities owning facilities in the area involved, and at least 15 days’ notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.


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ê1979 Statutes of Nevada, Page 1653 (Chapter 668, SB 545)ê

 

notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.

      Sec. 17.  Chapter 497 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Where an airport is owned or controlled by an airport authority created by special legislative act as a quasi-municipal corporation and any airport hazard area appertaining to that airport is located within the limits of the county or any incorporated city or unincorporated town within the geographical boundaries of the airport authority, the airport authority and the county, incorporated city or unincorporated town within which the airport hazard area is located may, by adopting substantially identical ordinances or resolutions, create a joint airport zoning board, which has the same power to adopt, administer and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by NRS 497.040 in the political subdivision within which that area is located.

      2.  Each such joint board:

      (a) Must have as members two representatives appointed by each political subdivision participating in its creation, and in addition a chairman elected by a majority of the members so appointed.

      (b) May consider noise problems related to the airport as they affect lands outside the boundaries of the airport and make recommendations to the airport authority.

      Sec. 18.  The change of name of the Washoe County Airport Authority to the Airport Authority of Washoe County effected by this act must not be construed to invalidate any contract made, debt incurred or bond issued by the Washoe County Airport Authority prior to the effective date of this act, and all such contracts, debts and bonds constitute the contracts, debts and bonds of the Airport Authority of Washoe County.

      Sec. 19.  If any provision of this amendatory act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 20.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1979 Statutes of Nevada, Page 1654ê

 

CHAPTER 669, SB 563

Senate Bill No. 563–Committee on Commerce and Labor

CHAPTER 669

AN ACT relating to controlled substances; defining and redefining words and terms; adding and deleting certain substances to and from schedules of controlled substances; amending provisions relating to the regulation of the manufacture, distribution and dispensing of controlled substances; providing for injunctive relief; reducing the time in which certain prescriptions may be refilled; providing a penalty for manufacturers, distributors and dispensers of controlled substances who fail to register with the state board of pharmacy; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 453.016 is hereby amended to read as follows:

      453.016  As used in [NRS 453.011 to 453.551, inclusive,] this chapter, the words and terms in NRS 453.011 to 453.141, inclusive, and sections 42 to 50, inclusive, of this act, have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.

      Sec. 2.  NRS 453.021 is hereby amended to read as follows:

      453.021  “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the board of a patient or research subject. [by:

      1.  A practitioner or, in his presence, by his authorized agent;

      2.  A licensed nurse, at the direction of a physician;

      3.  The patient or research subject at the direction and in the presence of the practitioner; or

      4.  A physician’s assistant, if authorized by the board.]

      Sec. 3.  NRS 453.026 is hereby amended to read as follows:

      453.026  “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor [or dispenser.] , dispenser or prescribing practitioner. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

      Sec. 4.  NRS 453.036 is hereby amended to read as follows:

      453.036  “Bureau” means the [Bureau of Narcotics and Dangerous Drugs,] Drug Enforcement Administration of the United States Department of Justice, or its successor agency.

      Sec. 5.  NRS 453.056 is hereby amended to read as follows:

      453.056  [A controlled substance or drug is “dispensed” if it is delivered to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, or is furnished to an ultimate user personally by a physician, physician’s assistant if authorized by the board, dentist, podiatrist or registered nurse, when the nurse is engaged in the performance of any public health program approved by the board, in any amount greater than that which is necessary for the present and immediate needs of the user. Dispensing includes the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.]


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ê1979 Statutes of Nevada, Page 1655 (Chapter 669, SB 563)ê

 

for that delivery.] “Dispense” means the furnishing of a controlled substance in any amount greater than that which is necessary for the present and immediate needs of the ultimate user.

      Sec. 6.  NRS 453.086 is hereby amended to read as follows:

      453.086  “Immediate precursor” means a substance which the board has found to be and by [rule] regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance the control of which is necessary to prevent, curtail or limit manufacture.

      Sec. 7.  NRS 453.126 is hereby amended to read as follows:

      453.126  “Practitioner” means:

      1.  A physician, dentist, veterinarian [, scientific investigator, podiatrist or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.] or podiatrist who holds a valid license to practice his profession in this state and is registered pursuant to this chapter.

      2.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting [the nurse] him to possess, administer or dispense controlled substances.

      3.  A pharmacy, hospital or other institution licensed [, registered or otherwise permitted] or registered to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice [or research] in this state.

      Sec. 8.  NRS 453.128 is hereby amended to read as follows:

      453.128  “Prescription” means [an] :

      1.  An order given individually for the person for whom prescribed, directly from the [prescriber] practitioner to a pharmacist or indirectly by means of an order signed by the [prescriber, and shall contain the name and address of the prescriber, his license classification and his federal registration number, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected. “Prescription” includes a chart order as defined in NRS 639.004.] practitioner.

      2.  A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.

      Sec. 9.  NRS 453.146 is hereby amended to read as follows:

      453.146  1.  The board shall administer the provisions of NRS 453.011 to 453.551, inclusive, and may add substances to or delete or reschedule all substances enumerated in the schedules in NRS 453.161, 453.171, 453.181, 453.191, and 453.201 by regulation.

      2.  In making a determination regarding a substance, the board shall consider the following:

      (a) The actual or relative potential for abuse;


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ê1979 Statutes of Nevada, Page 1656 (Chapter 669, SB 563)ê

 

      (b) The scientific evidence of its pharmacological effect, if known;

      (c) The state of current scientific knowledge regarding the substance;

      (d) The history and current pattern of abuse;

      (e) The scope, duration and significance of abuse;

      (f) The risk to the public health;

      (g) The potential of the substance to produce psychic or physiological dependence liability; and

      (h) Whether the substance is an immediate precursor of a substance already controlled under the provisions of NRS 453.011 to 453.551, inclusive.

      3.  After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and issue a [rule] regulation controlling the substance if it finds the substance has a potential for abuse.

      4.  If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

      5.  If any substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under the provisions of NRS 453.011 to 453.551, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which is final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under the provisions of NRS 453.011 to 453.551, inclusive, by the board, control under such sections is stayed until the board publishes its decision.

      6.  Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.

      7.  The board shall not include any nonnarcotic substance on any such schedule if such substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.

      Sec. 10.  NRS 453.161 is hereby amended to read as follows:

      453.161  1.  The controlled substances listed in this section are included in schedule I.

      2.  Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

      (a) Acetylmethadol;

      (b) Allylprodine;

      (c) Alphacetylmethadol;

      (d) Alphameprodine;

      (e) Alphamethadol;

      (f) Benzethidine;

      (g) Betacetylmethadol;

      (h) Betameprodine;


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ê1979 Statutes of Nevada, Page 1657 (Chapter 669, SB 563)ê

 

      (i) Betamethadol;

      (j) Betaprodine;

      (k) Clonitazene;

      (l) Dextromoramide;

      (m) [Dextrorphan;

      (n)] Diampromide;

      [(o)](n) Diethylthiambutene;

      [(p)](o) Dimenoxadol;

      [(q)](p) Dimepheptanol;

      [(r)](q) Dimethylthiambutene;

      [(s)](r) Dioxaphetyl butyrate;

      [(t)](s) Dipipanone;

      (t) Ethylamine analog of phencyclidine (some trade or other names: N-ethyl-1 phenylcyclohexylamine (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);

      (u) Ethylmethylthiambutene;

      (v) Etonitazene;

      (w) Etoxeridine;

      (x) Furethidine;

      (y) Hydroxypethidine;

      (z) Ketobemidone;

      (aa) Levomoramide;

      (bb) Levophenacylmorphan;

      (cc) Morpheridine;

      (dd) Noracymethadol;

      (ee) Norlevorphanol;

      (ff) Normethadone;

      (gg) Norpipanone;

      (hh) Phenadoxone;

      (ii) Phenampromide;

      (jj) Phenomorphan;

      (kk) Phenoperidine;

      (ll) Piritramide;

      (mm) Propheptazine;

      (nn) Propiram;

      (oo) Properidine;

      (pp) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);

      (qq) Racemoramide; [or]

      (rr) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl-cyclohexyl)-piperidine], 2-thienylanalog of phencyclidine, TRCP, TCP); or

      [(qq)](ss) Trimeperidine.

      3.  Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

      (a) Acetorphine;

      (b) Acetyldihydrocodeine;

      (c) Benzylmorphine;

      (d) Codeine methylbromide;


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ê1979 Statutes of Nevada, Page 1658 (Chapter 669, SB 563)ê

 

      (e) Codeine-N-Oxide;

      (f) Cyprenorphine;

      (g) Desomorphine;

      (h) Dihydromorphine;

      (i) Drotebanol;

      (j) Etorphine (except hydrochloride salt);

      (k) Heroine;

      (l) Hydromorphinol;

      (m) Methyldesorphine;

      (n) Methyldihydromorphine;

      (o) Morphine methylbromide;

      (p) Morphine methylsulfonate;

      (q) Morphine-N-Oxide;

      (r) Myrophine;

      (s) Nicocodeine;

      (t) Nicomorphine;

      (u) Normorphine;

      (v) Phoclodine; or

      (w) Thebacon.

      4.  Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

      (a) 2.5 dimethoxyamphetamine;

      (b) 3, 4-methylenedioxy amphetamine;

      (c) 5-methoxy-3, 4-methylenedioxy amphetamine;

      (d) 3, 4, 5-trimethoxy amphetamine;

      (e) 4-bromo-2, 5-dimethoxyamphetamine;

      (f) 4-methoxyamphetamine;

      (g) Bufotenine;

      (h) Diethyltryptamine;

      (i) Dimethyltryptamine;

      (j) 4-methyl-2, 5-dimethoxylamphetamine;

      (k) Ibogaine;

      (l) Lysergic acid diethylamide;

      (m) Marihuana;

      (n) Mescaline;

      (o) Peyote;

      (p) N-ethyl-3-piperidyl benzilate;

      (q) N-methyl-3-piperidyl benzilate;

      (r) Psilocybin;

      (s) Psilocyn;

      (t) Tetrahydrocannabinols.

      Sec. 11.  NRS 453.171 is hereby amended to read as follows:

      453.171  1.  The controlled substances listed in this section are included in schedule II.

      2.  Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:


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ê1979 Statutes of Nevada, Page 1659 (Chapter 669, SB 563)ê

 

      (a) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate.

      (b) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (a), but not including the isoquinoline alkaloids of opium.

      (c) Opium poppy and poppy straw.

      (d) Coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.

      3.  Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specified chemical designation:

      (a) Alphaprodine;

      (b) Anileridine;

      (c) Bezitramide;

      (d) Dihydrocodeine;

      (e) Diphenoxylate;

      (f) Etorphine hydrochloride;

      (g) Fentanyl;

      (h) Isomethadone;

      (i) Levomethorphan;

      (j) Levorphanol;

      (k) Metazocine;

      (l) Methadone;

      (m) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

      (n) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

      (o) Pethidine;

      (p) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

      (q) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

      (r) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

      (s) Phenazocine;

      (t) Phencyclidine;

      (u) Phencyclidine immediate precursors:

             (1) 1-phenylcyclohexyliamine; and

             (2) 1-piperidinocyclohexanecarbonitrile (PCC);

      (v) Piminodine;

      [(u)](w) Racemethorphan; or

      [(v)](x) Racemorphan.

      4.  Unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

      (a) Amphetamine, its salts, optical isomers and salts of optical isomers;

      (b) Phenmetrazine and its salts;


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ê1979 Statutes of Nevada, Page 1660 (Chapter 669, SB 563)ê

 

      (c) Any substance which contains any quantity of methamphetamine, including its salts, isomers and salts of isomers; or

      (d) Methylphenidate.

      5.  Methaqualone.

      6.  Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

      (a) Amobarbital;

      (b) Pentobarbital; or

      (c) Secobarbital.

      Sec. 12.  NRS 453.191 is hereby amended to read as follows:

      453.191  1.  The controlled substances listed in this section are included in schedule IV.

      2.  Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

      (a) Barbital;

      (b) Chloral betaine;

      (c) Chloral hydrate;

      (d) Ethchlorvynol;

      (e) Ethinamate;

      (f) Mebutomate;

      (g) Methohexital;

      (h) Meprobamate;

      (i) Methylphenobarbital;

      (j) Paraldehyde;

      (k) Pemoline;

      (l) Petrichloral; or

      (m) Phenobarbital.

      3.  Any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts of isomers is possible:

      (a) Chlordiazepoxide;

      (b) Clonazepam;

      (c) Chlorazepate;

      (d) Diazepam;

      (e) Diethylpropion;

      (f) Fenfluramine;

      (g) Flurazepam;

      (h) Halazepam;

      (i) Oxazepam;

      (j) Pentazocine;

      [(i)](k) Phentermine;

      [(j)](l) Prazepam; [or]

      [(k)](m) Dextropropoxyphene [.] ; or

      (n) Not more than 1 milligram of difenoxin (DEA Drug Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit.


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ê1979 Statutes of Nevada, Page 1661 (Chapter 669, SB 563)ê

 

      4.  The board may except by [rule] regulation any compound, mixture or preparation containing any depressant substance listed in subsection 2 from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

      Sec. 13.  NRS 453.201 is hereby amended to read as follows:

      453.201  1.  The controlled substances listed in this section are included in schedule V.

      2.  Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

      (a) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

      (b) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

      (c) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

      (d) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; [or]

      (e) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams [.] ; or

      (f) Not more than 0.5 milligram of difenoxin (DEA Drug Code No. 9618) and not less than 25 micrograms of atropine sulfate per dosage unit.

      3.  Loperamide.

      Sec. 14.  NRS 453.221 is hereby amended to read as follows:

      453.221  The board may [promulgate rules] adopt regulations and charge reasonable fees relating to the registration and control of the manufacture, distribution [and] , prescribing and dispensing of controlled substances within this state.

      Sec. 15.  NRS 453.226 is hereby amended to read as follows:

      453.226  1.  Every practitioner or other person who manufactures, distributes [or] , prescribes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution [or] , prescribing or dispensing of any controlled substance within this state must obtain [annually] biennially a registration issued by the board in accordance with its [rules.] regulations.

      2.  Persons registered by the board under the provisions of NRS 453.011 to 453.551, inclusive, to manufacture, distribute, dispense, prescribe or conduct research with controlled substances may possess, manufacture, distribute, dispense, prescribe or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of such sections.

      3.  The following persons need not register and may lawfully possess controlled substances under the provisions of NRS 453.011 to 453.551, inclusive:

 


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ê1979 Statutes of Nevada, Page 1662 (Chapter 669, SB 563)ê

 

controlled substances under the provisions of NRS 453.011 to 453.551, inclusive:

      (a) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment;

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment; [or]

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a schedule V substance [.] ;

      (d) Advanced emergency medical technicians-ambulance, physicians’ assistants, public health nurses and registered nurses responsible for patients in air and ground ambulances;

      (e) Registered nurses who hold certificates from the state board of nursing and certificates from the state board of pharmacy permitting them to possess, administer and dispense controlled substances; or

      (f) Any other person or class of persons approved by the board pursuant to regulation.

      4.  The board may waive [by rule] the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.

      5.  A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, prescribes or dispenses controlled substances.

      6.  The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s [rule.] regulation.

      Sec. 16.  NRS 453.231 is hereby amended to read as follows:

      453.231  1.  The board shall register an applicant to manufacture, [or] distribute, dispense or prescribe controlled substances included in NRS 453.161, 453.171, 453.181, 453.191 and 453.201, unless it determines that the issuance of that registration would be inconsistent with the public interest.

      2.  In determining the public interest, the board shall consider the following factors:

      (a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;

      (b) Compliance with applicable federal, state and local law;

      (c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

      (d) Past experience in the manufacture, [or] distribution, dispensing and prescribing of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion;

      (e) Furnishing by the applicant of false or fraudulent material in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;

      (f) Suspension or revocation of the applicant’s federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and


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ê1979 Statutes of Nevada, Page 1663 (Chapter 669, SB 563)ê

 

      (g) Any other factors relevant to and consistent with the public health and safety.

      3.  Registration under subsections 1 and 2 does not entitle a registrant to manufacture [and] , distribute, dispense or prescribe controlled substances in schedules I or II other than those specified in the registration.

      4.  Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II to V, inclusive, if they are authorized to dispense or conduct research under the laws of this state.

      5.  The board need not require separate registration under the provisions of NRS 453.011 to 453.551, inclusive, for practitioners engaging in research with nonnarcotic controlled substances in schedules II to V, inclusive, where the registrant is already registered under the provisions of NRS 453.011 to 453.551, inclusive, in another capacity.

      6.  Practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.

      7.  Compliance by manufacturers, [and] distributors, dispensers and prescribing practitioners with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under the provisions of NRS 453.011 to 453.551, inclusive.

      Sec. 17.  NRS 453.236 is hereby amended to read as follows:

      453.236  1.  A registration under NRS 453.231 to manufacture, distribute, [or] dispense or prescribe a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:

      (a) Furnished false or fraudulent material information in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;

      (b) Been convicted of a violation of any state or federal law relating to any controlled substance or of any felony, or had his registration or license to manufacture, distribute [or dispense] , dispense or prescribe controlled substances revoked in any state;

      (c) Had his federal registration suspended or revoked to manufacture, distribute [or dispense] , dispense or prescribe controlled substances;

      (d) Surrendered or failed to renew his federal registration;

      (e) Ceased to be entitled under state law to manufacture, distribute, [or] dispense or prescribe a controlled substance;

      (f) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels; [or]

      (g) Failed to keep complete and accurate records of controlled substances purchased, administered or dispensed [.] independent of the individual patient’s chart or medical record; or

      (h) Failed to comply with any provision of this chapter or any of the statutes of the United States, federal regulations, other statutes of the State of Nevada or regulations of the board relating to controlled substances or dangerous drugs.

      2.  [The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.] A registrant, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:

 


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ê1979 Statutes of Nevada, Page 1664 (Chapter 669, SB 563)ê

 

entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:

      (a) Suspending judgment;

      (b) Placing the registrant on probation, subject to such terms and conditions as the board deems appropriate;

      (c) Suspending the right of a registrant to use a registration or any schedule thereof;

      (d) Revoking the registration or any schedule thereof;

      (e) Public or private reprimand; or

      (f) Imposition of a fine not to exceed $1,000 for each count of the accusation.

      Such action by the board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.

      3.  If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order’s becoming final, all controlled substances may be forfeited to the state.

      4.  The board shall promptly notify the bureau and division of all orders suspending or revoking registration and the division shall promptly notify the bureau and the board of all forfeitures of controlled substances.

      5.  A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacist’s certificate has been suspended or revoked.

      Sec. 18.  NRS 453.241 is hereby amended to read as follows:

      453.241  1.  [Before denying, suspending or revoking a registration, or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused.

      2.  The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than 30 days after the date of service of the order. In the case of a denial or renewal of registration the show cause order shall be served not later than 30 days before the expiration of the registration.

      3.] Administrative proceedings by the board to deny, suspend or revoke a registration must be initiated, conducted and concluded pursuant to the provisions of NRS 639.241 to 639.257, inclusive, without regard to any criminal prosecution or other proceeding.

      2.  Proceedings to refuse renewal of registration [shall] do not abate the existing registration, which [shall remain] remains in effect pending the outcome of the administrative hearing.


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ê1979 Statutes of Nevada, Page 1665 (Chapter 669, SB 563)ê

 

      [4.]3.  The board may suspend, [without an order to show cause,] prior to hearing, any registration [simultaneously] with the institution of proceedings under NRS 453.236, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension [shall continue] continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction. In the event of such a suspension the board shall conduct a hearing at the earliest possible date, but in any event, the hearing must be conducted no later than 15 days from the date of suspension unless a continuance is requested by the registrant or the registrant otherwise prevents the holding of the hearing.

      Sec. 19.  NRS 453.246 is hereby amended to read as follows:

      453.246  Persons registered to manufacture, distribute or dispense controlled substances under the provisions of NRS 453.011 to 453.551, inclusive, shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of state and federal law and with any additional [rules] regulations the board issues.

      Sec. 20.  NRS 453.251 is hereby amended to read as follows:

      453.251  Except as provided in sections 2 to 9, inclusive, of [this act,] Senate Bill No. 470 of the 60th session of the Nevada legislature, controlled substances listed in schedules I and II may be distributed by a registrant or licensed pharmacy to another registrant or licensed pharmacy 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. 21.  NRS 453.256 is hereby amended to read as follows:

      453.256  1.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written prescription of a practitioner.

      2.  In emergency situations, as defined by [rule] regulation of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner. Within 72 hours authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacy. Prescriptions shall be retained in conformity with the requirements of NRS 453.246. No prescription for a schedule II substance may be refilled.

      3.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedules III or IV shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

      4.  A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.

      Sec. 22.  NRS 453.257 is hereby amended to read as follows:

      453.257  A pharmacist shall not fill a second or subsequent prescription for a controlled substance listed in schedule II for the same patient unless the frequency of prescriptions is in conformity with the directions for use.


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ê1979 Statutes of Nevada, Page 1666 (Chapter 669, SB 563)ê

 

unless the frequency of prescriptions is in conformity with the directions for use. The need for any increased amount shall be verified by the [prescriber] practitioner in writing or personally by telephone.

      Sec. 23.  NRS 453.266 is hereby amended to read as follows:

      453.266  1.  Issuance and execution of administrative inspection warrants shall be as follows:

      (a) A magistrate, [as defined in NRS 169.095,] within his jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by the provisions of NRS 453.011 to 453.551, inclusive, or [rules] regulations of the board or division, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of the provisions of NRS 453.011 to 453.551, inclusive, or [rules] regulations of the board or division, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

      (b) A warrant shall issue only upon an affidavit of an officer or employee of the board or division having knowledge of the facts alleged, sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any.

      2.  The warrant shall:

      (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

      (b) Be directed to a person authorized to execute it;

      (c) Command the person to whom it is directed to permit the inspection of the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

      (d) Identify the item or types of property to be seized, if any; and

      (e) Direct that it be served during normal business hours and designate the magistrate to whom it shall be returned.

      3.  A warrant issued pursuant to this section shall be executed and returned within 10 days of its date of issuance unless, upon a showing of a need for additional time, the magistrate orders otherwise.

      4.  If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.

      5.  The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.


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ê1979 Statutes of Nevada, Page 1667 (Chapter 669, SB 563)ê

 

      6.  The magistrate who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court in the county in which the inspection was made.

      Sec. 24.  NRS 453.276 is hereby amended to read as follows:

      453.276  [1.  The district courts have jurisdiction to restrain or enjoin violations of the provisions of NRS 453.011 to 453.551, inclusive.

      2.  The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.] The board may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such an action must be commenced in the district court for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the board is not required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action must be brought in the name of the State of Nevada.

      Sec. 25.  NRS 453.321 is hereby amended to read as follows:

      453.321  1.  Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to import, transport, manufacture, compound, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance or to offer or attempt to do any such act.

      2.  If any person violates subsection 1 and the controlled substance is classified in NRS 453.161 or 453.171, he shall be punished:

      (a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.

      (b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 15 years and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of any person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

      4.  If any person violates subsection 1, and the controlled substance is classified in NRS 453.181, 453.191 or 453.201, he shall be punished:

      (a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

      (b) For second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 15 years and may be further punished by a fine of not more than $15,000.


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ê1979 Statutes of Nevada, Page 1668 (Chapter 669, SB 563)ê

 

violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 15 years and may be further punished by a fine of not more than $15,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite period of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000 for each offense.

      5.  The court shall not grant probation to or suspend the sentence of any person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

      Sec. 26.  NRS 453.356 is hereby amended to read as follows:

      453.356  Any orders and [rules] regulations promulgated under any law affected by NRS 453.011 to 453.551, inclusive, and in effect on January 1, 1972, and not in conflict with it continue in effect until modified, superseded or repealed.

      Sec. 27.  NRS 453.371 is hereby amended to read as follows:

      453.371  As used in NRS 453.371 to 453.531, inclusive [:

      1.  “Pharmacy” means every store or shop licensed under the provisions of chapter 639 of NRS where prescriptions are compounded and dispensed and dangerous drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed, sold or displayed at retail.

      2.  “Physician,”] , “physician,” “dentist,” podiatrist,” “veterinarian” and “pharmacist” mean persons authorized by a currently valid license to practice their respective professions in this state.

      Sec. 28.  NRS 453.381 is hereby amended to read as follows:

      453.381  1.  [Except as otherwise prohibited in this subsection, a physician, dentist or podiatrist, in good faith and in the course of his professional practice or as directed by the health division of the department of human resources at a certified hospital or at a rehabilitation clinic, may prescribe, administer and dispense controlled substances, or he may cause the same to be administered by a nurse or interne under his direction or supervision.] Except in cases of emergency, [or serious illness,] a physician, dentist or podiatrist is prohibited from prescribing, administering or dispensing controlled substances listed in schedule II for himself, his spouse or children.

      2.  Each prescription for a controlled substance listed in schedule II shall be written on a separate prescription blank.

      3.  A veterinarian, in good faith and in the course of his professional practice only, and not for use by human being, may prescribe, administer, and dispense controlled substances, and he may cause them to be administered by an assistant or orderly under this direction and supervision.

      4.  Any person who has obtained for a physician, dentist, podiatrist or veterinarian any controlled substance for administration to a patient during the absence of such physician, dentist, podiatrist or veterinarian shall return to such physician, dentist, podiatrist or veterinarian any unused portion of such substance when it is no longer required by the patient.


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

ê1979 Statutes of Nevada, Page 1669 (Chapter 669, SB 563)ê

 

or veterinarian any controlled substance for administration to a patient during the absence of such physician, dentist, podiatrist or veterinarian shall return to such physician, dentist, podiatrist or veterinarian any unused portion of such substance when it is no longer required by the patient.

      Sec. 29.  NRS 453.451 is hereby amended to read as follows:

      453.451  1.  Any prescription for a controlled substance, regardless of the [refill] authorization to refill given by the [prescriber, shall] practitioner, must not be refilled more than five times or for a period of more than 6 months, whichever occurs first.

      2.  If no [refill] authorization to refill is given by the [prescriber,] practitioner, or if the prescription is refillable and has been refilled for the number of times or for the period of time set forth in subsection 1, the original prescription [shall] must be voided and a new prescription [shall be] obtained and placed on the prescription file.

      3.  [Nothing in this section shall be construed to] This section does not apply to any person determined to be a narcotic addict who is receiving treatment at a rehabilitation clinic by the health division of the department [of human resources,] or a hospital certified by the department.

      Sec. 30.  NRS 453.461 is hereby amended to read as follows:

      453.461  Except as provided in NRS 453.451, a prescription which bears specific [refill] authorization [,] to refill, given by the [prescriber] practitioner at the time he issued the original prescription, may be refilled in the pharmacy in which it was originally filled, for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use; but in no case [shall] may the prescription be refilled after [1 year has] 6 months have elapsed from the date it was originally filled.

      Sec. 31.  NRS 453.471 is hereby amended to read as follows:

      453.471  Except as provided in NRS 453.451, a prescription which bears authorization, permitting the pharmacist to refill the prescription as needed by the patient, may be refilled in keeping with the number of doses ordered and the directions for use within [1 year] 6 months from the date it was originally filled.

      Sec. 32.  NRS 453.481 is hereby amended to read as follows:

      453.481  Except as provided in NRS 453.451, an original prescription other than a prescription for schedule II drugs which does not bear [refill] authorization [,] to refill, or a prescription on which the original [refill] authorization to refill has expired, may be refilled if additional authorization has been obtained from the [prescriber] prescribing practitioner or another [doctor] practitioner with the same license classification acting in the absence of the original [prescriber.] practitioner. Such information may be relayed to the pharmacist by an [authorized] agent employed by the [prescriber,] practitioner, if the [prescriber, or another doctor] practitioner, or another practitioner acting in his absence, is available. [and can be contacted by the nurse.]

      Sec. 33.  NRS 453.491 is hereby amended to read as follows:

      453.491  A physician may issue a blanket authorization individually to any pharmacist authorizing such pharmacist to refill prescriptions written by the physician, for controlled substances, other than those enumerated in NRS 453.451, which are considered necessary in the treatment of chronic or continuing illnesses of his patients.


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ê1979 Statutes of Nevada, Page 1670 (Chapter 669, SB 563)ê

 

written by the physician, for controlled substances, other than those enumerated in NRS 453.451, which are considered necessary in the treatment of chronic or continuing illnesses of his patients. Such authorization [shall] must be in writing, signed by the physician, and [shall] list the types of controlled substances to be covered and any limitations or conditions the physician may desire. Such authorization [shall] must be retained by the pharmacist and available for inspection and [shall be] is valid authorization for the pharmacist to refill such prescriptions for a period of [1 year] 6 months from the date of issue.

      Sec. 34.  NRS 453.501 is hereby amended to read as follows:

      453.501  Except as provided in NRS 453.451, in the absence of specific [refill] authorization [,] to refill, when the refilling of a prescription calling for a controlled substance needed for the continuation of a treatment of a chronic or continuing illness is considered necessary and the pharmacist is unable to [contact the prescriber,] communicate with the prescribing practitioner, the pharmacist may, if in his professional judgment he feels that such controlled substance should be provided for the patient, furnish a sufficient supply of the medication to provide for the continuation of treatment until such time as [the prescriber can be personally contacted.] he can communicate with the prescribing practitioner personally.

      Sec. 35.  NRS 453.660 is hereby amended to read as follows:

      453.660  The [division] health division of the department shall:

      1.  Within the limits of available funds, including, but not limited to, legislative appropriation, develop and implement experimental and investigational pilot clinic programs for the treatment of narcotic addicts through the administration, under medical supervision and control, of maintenance dosages of methadone, or other addicting drugs, and provide other rehabilitation services as needed in support of a methadone maintenance program.

      2.  Employ such personnel as may be necessary to carry out the duties imposed by NRS 453.600 to 453.730, inclusive, subject to the legislative appropriation available for such purpose.

      3.  Adopt such [rules and] regulations as are necessary to carry out the purpose of NRS 453.600 to 453.730, inclusive.

      Sec. 36.  NRS 453.680 is hereby amended to read as follows:

      453.680  The [division] health division of the department may cooperate and contract with:

      1.  Any agency of the Federal Government;

      2.  Other states;

      3.  Any political subdivision; or

      4.  Any local addiction treatment clinic whose program meets the requirements of the Food and Drug Administration and the [Bureau of Narcotics and Dangerous Drugs,] bureau, and which is approved by the [division,] health division of the department,

in carrying out the purposes of NRS 453.600 to 453.730, inclusive.

      Sec. 37.  NRS 453.690 is hereby amended to read as follows:

      453.690  1.  Every person or institution authorized to dispense or administer narcotic drugs [, including, but not limited to, the following:

      (a) Physicians;


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ê1979 Statutes of Nevada, Page 1671 (Chapter 669, SB 563)ê

 

      (b) Dentists;

      (c) Veterinarians;

      (d) Pharmacists;

      (e) Hospitals;

      (f) Clinics; and

      (g) Dispensaries,]

shall furnish to the [division such information as the division may require by rules and regulations.] health division of the department, the investigation and narcotics division of the department of law enforcement assistance and the state board of pharmacy such information as the health division or the board may require by regulations.

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

      Sec. 38.  NRS 453.700 is hereby amended to read as follows:

      453.700  1.  Any person who believes himself to be a narcotic addict may make application to the [division] health division of the department for voluntary submission to treatment maintained under the provisions of NRS 453.660 or NRS 458.290 to 458.350, inclusive.

      2.  The health division shall adopt [rules and] regulations relating to the requirements for voluntary submission under this section.

      Sec. 39.  NRS 453.710 is hereby amended to read as follows:

      453.710  When a narcotic addict is being treated under a program or service maintained under NRS 453.660, his estate or legally responsible relatives, [shall,] if of sufficient ability, [be] are liable for payment of such portion of the cost of care, treatment, rehabilitation or aftercare furnished pursuant to NRS 453.660 as may be established by a [rule or regulation of the division.] regulation of the health division of the department.

      Sec. 40.  NRS 453.720 is hereby amended to read as follows:

      453.720  Unless otherwise requested by a narcotic addict being treated, or a person who in the past was treated, under NRS 453.660, all information in possession of the [division,] health division of the department, any rehabilitation clinic or any certified hospital concerning such person is confidential and privileged.

      Sec. 41.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 to 55, inclusive, of this act.

      Sec. 42.  “Chart order” means an order entered on the chart of an inpatient in a hospital, convalescent center, skilled nursing facility, geriatric home or other extended care facility which is licensed as such by the health division of the department or on the chart of a patient under emergency treatment in a hospital by a practitioner or on the written or oral order of a practitioner authorizing the administration of a drug to the inpatient.

      Sec. 43.  “Compound” or “compounding” means to form or make up a composite product by combining two or more different ingredients.

      Sec. 44.  “Department” means the department of human resources.


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ê1979 Statutes of Nevada, Page 1672 (Chapter 669, SB 563)ê

 

      Sec. 45.  “Fill” means the counting, measuring, compounding, pouring, packaging and labeling required to prepare a drug for either direct or indirect delivery to a patient.

      Sec. 46.  “Hospital” means any institution, place, building or agency licensed by the department as a hospital and which operates facilities for the care and treatment of human illness or other abnormal physical or mental conditions on an inpatient basis, including any such facility operated by this state, any political subdivision or the Federal Government.

      Sec. 47.  “Narcotic addict” means a person of any age who has developed a compulsion to continue taking or who has developed a psychic or physical dependence on the effects of a narcotic drug.

      Sec. 48.  “Narcotic addiction” means compulsion to continue taking or psychic or physical dependence on the effects of a narcotic drug.

      Sec. 49.  1.  “Pharmacy” means every store or shop licensed by the board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.

      2.  “Pharmacy” includes pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.

      Sec. 50.  “Refill” means to fill again.

      Sec. 51.  Any person who manufacturers, distributes, prescribes or dispenses a controlled substance without being registered by the board if required by NRS 453.231 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. 52.  1.  No pharmacy may deliver a controlled substance requiring a prescription for a specific patient to a hospital, convalescent center, skilled nursing facility, geriatric home or other extended care facility which is licensed as such by the health division of the department which does not have a pharmacy on the premises except pursuant to a prescription given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner; or

      (c) By an oral order transmitted by an agent of the practitioner.

      2.  If an oral order for entry on a chart is given by a practitioner the chart order must be signed by the practitioner who authorized the administration of the drug within 48 hours after receipt of the instructions by a licensed nurse.

      Sec. 53.  A controlled substance may be administered by:

      1.  A practitioner.

      2.  A licensed nurse, at the direction of a physician, or pursuant to a chart order of individual doses:

      (a) From an original container which has been furnished as floor or ward stock;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription; or

      (c) Furnished by a practitioner.

      3.  A physician’s assistant at the direction of a physician.

      4.  An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 630.450.


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ê1979 Statutes of Nevada, Page 1673 (Chapter 669, SB 563)ê

 

      5.  A respiratory therapist, at the direction of a physician.

      6.  A medical student in the course of his studies at an approved college of medicine, at the direction of and in the presence of a licensed physician.

      7.  An intern in the course of his internship.

      8.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to administer controlled substances.

      9.  Any other person or class of persons approved by the board pursuant to regulation.

      Sec. 54.  A controlled substance may be dispensed by:

      1.  A registered pharmacist upon the legal prescription from a practitioner.

      2.  A practitioner or a physician’s assistant, if authorized by the board.

      3.  A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board.

      4.  An intern in the course of his internship.

      5.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting his to dispense controlled substances.

      Sec. 55.  1.  A prescription must contain:

      (a) The name and address of the practitioner;

      (b) The classification of his license;

      (c) His registration number from the Drug Enforcement Administration;

      (d) The name and address of the patient;

      (e) The name and quantity of the drug or drugs prescribed;

      (f) Directions for use; and

      (g) The date of issue.

      2.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      Sec. 56.  NRS 453.511 and 453.610 to 453.650, inclusive, are hereby repealed.

      Sec. 57.  Sections 7, 25 and 36 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 


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ê1979 Statutes of Nevada, Page 1674ê

 

CHAPTER 670, SB 564

Senate Bill No. 564–Committee on Commerce and Labor

CHAPTER 670

AN ACT relating to dangerous drugs, poisons and hypodermic devices; defining and redefining certain words and terms; amending provisions relating to the filling and refilling of prescriptions for dangerous drugs; authorizing the state board of pharmacy to seek injunctive relief; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 454.001 is hereby amended to read as follows:

      454.001  As used in this chapter, the words and terms defined in NRS 454.002 to 454.0098, inclusive, and sections 23 to 26, inclusive, of this act have the meanings ascribed to them in [NRS 454.002 to 454.0098, inclusive,] those sections, unless a different meaning clearly appears in the context.

      Sec. 2.  NRS 454.0041 is hereby amended to read as follows:

      454.0041  “Chart order” [is an order entered on the chart or medical record of a patient registered in a convalescent care facility or hospital or under emergency treatment in a hospital by or on the order of an authorized practitioner authorizing the administration of a drug from hospital floor or ward stock furnished by the hospital pharmacy. Any such order shall be considered to be a prescription if such medication is to be furnished by a pharmacy directly to the patient. The chart order shall be signed by the prescriber at the time it is entered or on his next visit to the hospital.] means an order entered on the chart of an inpatient in a hospital, convalescent center, skilled nursing facility, geriatric home or other extended care facility which is licensed as such by the health division of the department of human resources or on the chart of a patient under emergency treatment in a hospital by a practitioner or on the written or oral order of a practitioner authorizing the administration of a drug to the inpatient.

      Sec. 3.  NRS 454.007 is hereby amended to read as follows:

      454.007  “Hospital” means any institution, place, building or agency [, licensed by the state as a hospital, which maintains and operates organized facilities to which more than one person may be admitted for an overnight stay for the diagnosis, care and treatment of human illnesses, except sanitariums, rest homes, nursing or convalescent homes, maternity homes or institutions for treating alcoholics.] licensed by the department of human resources as a hospital and which operates facilities for the care and treatment of human illness or other abnormal physical or mental conditions on an inpatient basis, including any such facility operated by this state, any political subdivision or the Federal Government.

      Sec. 4.  NRS 454.0094 is hereby amended to read as follows:

      454.0094  1.  “Pharmacy” means every store or shop licensed [under the provisions of chapter 639 of NRS where prescriptions are compounded and dispensed and dangerous drugs, poisons, medicines or chemicals are stored or possessed, or dispensed, sold or displayed at retail.] by the board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.


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ê1979 Statutes of Nevada, Page 1675 (Chapter 670, SB 564)ê

 

chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.

      2.  “Pharmacy” includes pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.

      Sec. 5.  NRS 454.00961 is hereby amended to read as follows:

      454.00961  “Prescription” means [an] :

      1.  An order given individually for the person for whom prescribed, directly from the [prescriber to the] practitioner to a pharmacist or indirectly by means of an order signed by the [prescriber, and shall contain the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.] practitioner.

      2.  A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.

      Sec. 6.  NRS 454.090 is hereby amended to read as follows:

      454.090  1.  Dealers, manufacturers and pharmacists are exempted from the registration of the sale of any poison enumerated in Schedule “A” or the additions thereto when sold:

      (a) To a registered pharmacist [, physician, dentist, podiatrist or veterinary surgeon duly licensed to practice in the state;] or a practitioner;

      (b) To a manufacturer or wholesaler;

      (c) To a research, teaching or testing laboratory; or

      (d) To other established, legitimate users in chemical or technical arts.

      2.  The provisions of NRS 454.010 to 454.170, inclusive, shall not apply to the sale of any poison upon the prescriptions of [practicing physicians, dentists, podiatrists or veterinary surgeons who are licensed to practice in this state.] practitioners.

      Sec. 7.  NRS 454.110 is hereby amended to read as follows:

      454.110  When, in the opinion of the board, it is in the interest of the public health, the board is empowered to restrict or prohibit further the retail sale of any poison by [rules] regulations not inconsistent with the provisions of NRS 454.010 to 454.170, inclusive. Such [rules] regulations may be adopted by the board and must be applicable to all persons alike.

      Sec. 8.  NRS 454.120 is hereby amended to read as follows:

      454.120  1.  The board shall adopt a schedule of what in its judgment are the most suitable common antidotes and first aid treatments for the various poisons usually sold.

      2.  After the board has adopted the schedule of antidotes and first aid treatments as provided for in subsection 1, the board shall have the [same] schedule printed and shall forward by mail one free copy to each [person registered upon its books,] resident registered pharmacist, and to any other person applying for the same [.]


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ê1979 Statutes of Nevada, Page 1676 (Chapter 670, SB 564)ê

 

and to any other person applying for the same [.] upon payment of a reasonable fee to be set by the board.

      3.  The particular antidote adopted or the first aid treatment approved by the board [shall] must appear on the poison label provided for in NRS 454.020 and 454.080, or [shall] be attached to the package containing the poison.

      4.  The board [shall have the power to] may revise and amend the list of antidotes or first aid treatments from time to time, as the board deems advisable.

      Sec. 9.  NRS 454.191 is hereby amended to read as follows:

      454.191  “Administer” means the [furnishing:

      1.  By a physician, physician’s assistant if authorized by the board, dentist, podiatrist or veterinarian to his patient of such amount of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient;

      2.  By a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting the nurse to possess and administer dangerous drugs to a patient of such amounts of drugs or medicines referred to in NRS 454.181 to 454.381, inclusive, as are necessary for the immediate needs of the patient; or

      3.  By a nurse pursuant to a chart order of individual doses of a drug or medicine:

      (a) From an original container which has been furnished as floor or ward stock by a hospital pharmacy;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription; or

      (c) Furnished by a physician, dentist, podiatrist or veterinarian.]

direct application of a drug or medicine referred to in NRS 454.181 to 454.381, inclusive, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject.

      Sec. 10.  NRS 454.211 is hereby amended to read as follows:

      454.211  “Dispense” means the furnishing of [:

      1.  Drugs by a registered pharmacist upon the legal prescription from a physician, dentist, podiatrist or veterinarian;

      2.  Drugs or medicines to a patient personally by a physician, physician’s assistant if authorized by the board, dentist, podiatrist or veterinarian in any amount greater than that which is necessary for the present and immediate needs of the patient; or

      3.  Drugs or medicines to a patient personally in an amount greater than that which is necessary for the present and immediate needs of the patient by a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting the nurse to possess and dispense dangerous drugs.] a dangerous drug in any amount greater than that which is necessary for the present and immediate needs of the ultimate user.

      Sec. 11.  NRS 454.221 is hereby amended to read as follows:

      454.221  1.  Any person who furnishes any dangerous drug except upon the prescription of a [physician, dentist, podiatrist or veterinarian] practitioner is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.


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ê1979 Statutes of Nevada, Page 1677 (Chapter 670, SB 564)ê

 

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

      (a) A [physician,] practitioner or a physician’s assistant if authorized by the board [, dentist, podiatrist or veterinarian] to his own patients as provided in NRS 454.301;

      (b) A registered nurse while participating in a public health program approved by the board, or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting [the nurse] him to possess and administer or dispense dangerous drugs; or

      (c) A manufacturer or wholesaler or pharmacy to each other or to a [physician, dentist, podiatrist or veterinarian] practitioner or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.

      Sec. 12.  NRS 454.241 is hereby amended to read as follows:

      454.241  A prescription which bears specific [refill] authorization [,] to refill, given by the [prescriber] practitioner at the time he issued the original prescription, may be refilled in the pharmacy in which it was originally filled, for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use; but in no case [shall] may the prescription be refilled after 1 year has elapsed from the date it was originally filled. If additional medication is needed thereafter, the original prescription [shall] must be voided and a new prescription obtained.

      Sec. 13.  NRS 454.251 is hereby amended to read as follows:

      454.251  An original prescription which does not bear [refill] authorization [,] to refill, or a prescription on which the original [refill] authorization to refill has expired, may be refilled if additional authorization has been obtained from the [prescriber or another doctor] prescribing practitioner or another practitioner with the same license classification acting in the absence of the original [prescriber.] practitioner. Such information may be relayed to the pharmacist by an [authorized] agent employed by the [prescriber, if the prescriber, or another doctor] practitioner, if the practitioner, or another practitioner acting in his absence, is available. [and is contacted by the authorized agent.]

      Sec. 14.  NRS 454.261 is hereby amended to read as follows:

      454.261  In the absence of specific [refill] authorization [,] to refill, when the refilling of a prescription calling for a dangerous drug needed for the continuation of a treatment of a chronic or continuing illness is considered necessary and the pharmacist is unable to [contact the prescriber,] communicate with the prescribing practitioner, the pharmacist may, if in his professional judgment he feels that such drug should be provided for the patient, furnish a sufficient supply of the medication to provide for the continuation of treatment until such time as [the prescriber can be personally contacted.] he can communicate personally with the prescribing practitioner or a practitioner of the same license classification acting in the absence of the prescribing practitioner.


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ê1979 Statutes of Nevada, Page 1678 (Chapter 670, SB 564)ê

 

same license classification acting in the absence of the prescribing practitioner.

      Sec. 15.  NRS 454.276 is hereby amended to read as follows:

      454.276  Any [refill] authorization to refill issued pursuant to the provisions of NRS 454.241 to 454.271, inclusive, may be rescinded at any time after such authorization is given, either by the original [prescriber] practitioner or by another [doctor] practitioner acting in his behalf or by another [doctor] practitioner who is then caring for the patient for whom the original prescription was issued, by notifying the pharmacy in which the prescription was filled either orally or in writing.

      Sec. 16.  NRS 454.286 is hereby amended to read as follows:

      454.286  1.  Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any [physician, dentist, podiatrist or veterinarian] practitioner who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.

      2.  Such records [shall] must be retained for a period of 2 years and [shall be] are open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration. No special form of record is required if an accurate accountability can be furnished within a reasonable time after a demand by a person authorized to inspect such records.

      3.  Invoices showing all purchases of dangerous drugs [shall be considered as] constitute a complete record of all dangerous drugs received.

      4.  For the purpose of this section, the prescription files of a pharmacy [shall] constitute a record of the disposition of all dangerous drugs.

      Sec. 17.  NRS 454.291 is hereby amended to read as follows:

      454.291  1.  All stock and records of purchase and disposition of any dangerous drug of a manufacturer, wholesaler, pharmacy, [physician, dentist, podiatrist, veterinarian,] practitioner, hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to its members [shall be] are at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the board, inspectors of the Food and Drug Administration, and agents and commissioners appointed under chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act. Such records [shall] must be preserved for at least 2 years from the date of making.

      2.  Any person who fails, neglects or refuses to maintain such records or who, when called upon by an authorized officer to produce such records, fails, neglects or refuses to produce such records, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.

      Sec. 18.  NRS 454.301 is hereby amended to read as follows:

      454.301  1.  The provisions of NRS 454.181 to 454.381, inclusive, do not apply to a [physician, dentist, podiatrist or veterinarian] practitioner who dispenses drugs and who personally furnishes his own patients with such drugs as are necessary in the treatment of the condition for which he attends such patient, if:


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ê1979 Statutes of Nevada, Page 1679 (Chapter 670, SB 564)ê

 

      (a) He keeps accurate records, as required by NRS 454.286, of all drugs so furnished; [and]

      (b) The drugs so furnished are clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use and the expiration date of the effectiveness of the drug, if such information is required on the original label of the manufacturer of such drug; and

      (c) Such drugs are not dispensed or furnished by a nurse or attendant.

      2.  A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of such rancher or dealer, and when furnishing such drugs the veterinarian is not required to comply with the provisions of subsection 1.

      Sec. 19.  NRS 454.316 is hereby amended to read as follows:

      454.316  1.  Except as otherwise provided in this section, every person who possesses any drug defined in NRS 454.201, except that furnished to such person by a pharmacist pursuant to a legal prescription or a [physician, dentist, podiatrist or veterinarian,] practitioner, is guilty of a gross misdemeanor. If such person has been twice previously convicted of any offense:

      (a) Described in this section; or

      (b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,

he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.

      2.  No prescription is required for possession of those drugs by pharmacists, [physicians, dentists, podiatrists, veterinarians,] practitioners, physicians’ assistants if authorized by the board, hospitals, advanced emergency medical techniques-ambulance, public health nurses, registered nurses who hold certificates from the state board of nursing and certificates from the state board of pharmacy permitting them to possess, administer and dispense dangerous drugs, registered nurses responsible for patients in air and ground ambulances, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in those drugs when they are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.

      3.  No prescription is required for an optometrist certified under section 1 of [this act] Assembly Bill No. 580 of the 60th session of the Nevada legislature to possess drugs which he is authorized to use under chapter 636 of NRS.

      Sec. 19.5.  NRS 454.470 is hereby amended to read as follows:

      454.470  1.  No person, unless he has obtained a permit from the board, may vend, sell, offer to sell or furnish any hypodermic device. Upon approval of an application submitted on a form furnished by the board and upon payment of the fee provided in NRS 639.170, the board may, in its discretion, issue a permit to any person, authorizing [such person] him to sell hypodermic devices for the purposes and uses specified on such permit.


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ê1979 Statutes of Nevada, Page 1680 (Chapter 670, SB 564)ê

 

board may, in its discretion, issue a permit to any person, authorizing [such person] him to sell hypodermic devices for the purposes and uses specified on such permit. The board shall retain the right to limit the sale of hypodermic devices by permittees and to provide such restrictions as it deems advisable in the public interest.

      2.  Each permit [shall] must be issued to a specific person for a specific location and [shall not be] is not transferable. The permit [shall be] is valid for no more than [1 year,] 2 years, and [shall expire on June 30.] expires on the second June 30 after it is issued. Applications for renewal and the renewal fee [shall] must be submitted to the board not less than 30 days prior thereto.

      3.  The licenses issued by the board, pursuant to NRS 639.100, to pharmacies, wholesalers and manufacturers [shall] include the right to handle, sell and deal in such devices.

      Sec. 20.  NRS 454.490 is hereby amended to read as follows:

      454.490  1.  All sales of hypodermic devices sold without prescription must at the time of sale be recorded by the person making the sale. The record must show the date, the name and address of the purchaser, the size, type and quantity of devices sold, the name or initials of the person making the sale and the purpose for which the device is to be used. It is the responsibility of the seller to ascertain, to his satisfaction, that the device is to be legitimately used for the purpose stated by the purchaser. The record must be retained for 3 years from the date of the last entry thereon and must be open to inspection by authorized officers of the law acting in their official capacity.

      2.  The recording of sales required by this section does not apply to the sale of hypodermic devices by manufacturers, wholesalers, pharmacies or persons holding retail hypodermic permits, not otherwise limited, when such sales are made to other manufacturers, wholesalers or pharmacies, or to [physicians, dentists, podiatrists, veterinarians,] practitioners, hospitals, registered nurses or other holders of permits.

      3.  The provisions of subsections 1 and 2 do not apply to a physician, dentist or veterinarian when furnishing a hypodermic device to a patient for use in the treatment of the patient.

      Sec. 20.5  NRS 454.540 is hereby amended to read as follows:

      454.540  1.  The board shall issue licenses to the following applicants who have filed application therefor on a form furnished by the board:

      (a) Manufacturers whose products have been submitted for examination and approved by the board for distribution in this state.

      (b) Wholesalers who distribute approved prophylactic products for resale in this state.

      (c) Persons who as distributors supply vending machines which are intended to vend such products to the public.

      2.  The license [shall be] is valid for not more than [1 year] 2 years and [shall expire on June 30.] expires on the second June 30 after it is issued. Application for renewal must be made prior to that date.

      3.  An expired license may be renewed only:

      (a) Upon payment of a penalty fixed by the board which [shall] must not exceed the [annual] renewal fee; or


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ê1979 Statutes of Nevada, Page 1681 (Chapter 670, SB 564)ê

 

      (b) Without penalty, upon showing that the applicant did not engage in business as such a manufacturer after the date of expiration.

      Sec. 21.  NRS 454.620 is hereby amended to read as follows:

      454.620  The board or any authorized officer of the law shall have the right to seize any prophylactic product found within this state which does not conform to the standards set forth in NRS 454.560 to 454.600, inclusive, or which have not been approved by the board as indicated in the [rules and] regulations adopted by the board.

      Sec. 22.  Chapter 454 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 to 32, inclusive, of this act.

      Sec. 23.  “Compound” or “compounding” means to form or make up a composite product by combining two or more different ingredients.

      Sec. 24.  “Fill” means the counting, measuring, compounding, pouring, packaging and labeling required to prepare a drug for either direct or indirect delivery to a patient.

      Sec. 25.  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state.

      2.  A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this state.

      Sec. 26.  “Refill” means to fill again.

      Sec. 27.  1.  No pharmacy may deliver a dangerous drug for a specific patient to a hospital, convalescent center, skilled nursing facility, geriatric home or other extended care facility which is licensed as such by the health division of the department which does not have a pharmacy on the premises except pursuant to a prescription given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner; or

      (c) By an oral order transmitted by an agent of the practitioner.

      2.  If an oral order for entry on a chart is given by a practitioner, the chart order must be signed by the practitioner who authorized the administration of the dangerous drug within 48 hours after receipt of the instructions by a licensed nurse.

      Sec. 28.  The board may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such action must be commenced in the district court for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the board is not required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action must be brought in the name of the State of Nevada.

      Sec. 29.  Members, inspectors and investigators of the board, inspectors of the Food and Drug Administration and agents of the department of law enforcement assistance may remove any record required to be kept by state or federal law or regulation including prescriptions from a prescription file, if the record in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the record is substituted therefor. Both the copy and the original record must be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original record, on that date, also appears on the copy thereof.


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ê1979 Statutes of Nevada, Page 1682 (Chapter 670, SB 564)ê

 

original record must be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original record, on that date, also appears on the copy thereof.

      Sec. 30.  1.  A prescription must contain:

      (a) The name and address of the practitioner;

      (b) The classification of his license;

      (c) His registration number from the Drug Enforcement Administration;

      (d) The name and address of the patient;

      (e) The name and quantity of the drug or drugs prescribed;

      (f) Directions for use; and

      (g) The date of issue.

      2.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      Sec. 31.  A drug or medicine referred to in NRS 454.181 to 454.381, inclusive, may be administered by:

      1.  A practitioner.

      2.  A licensed nurse, at the direction of a physician, or pursuant to a chart order of individual doses:

      (a) From an original container which has been furnished as floor or ward stock;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription; or

      (c) Furnished by a practitioner.

      3.  A physician’s assistant at the direction of a physician.

      4.  An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 630.450.

      5.  A respiratory therapist, at the direction of a physician.

      6.  A medical student in the course of his studies at an approved college of medicine, at the direction of and in the presence of a licensed physician.

      7.  An intern in the course of internship.

      8.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to administer dangerous drugs.

      9.  Any other person or class of persons approved by the board pursuant to regulation.

      Sec. 32.  A dangerous drug may be dispensed by:

      1.  A registered pharmacist upon the legal prescription from a practitioner.

      2.  A practitioner or a physician’s assistant, if authorized by the board.

      3.  A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board.

      4.  An intern in the course of his internship.

      5.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense drugs.


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ê1979 Statutes of Nevada, Page 1683 (Chapter 670, SB 564)ê

 

      Sec. 33.  NRS 454.226, 454.266 and 454.381 are hereby repealed.

      Sec. 34.  Sections 9 to 11, inclusive, and section 20 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 671, SB 565

Senate Bill No. 565–Committee on Commerce and Labor

CHAPTER 671

AN ACT relating to pharmacists and pharmacy; defining and redefining words and terms; relating to meetings, expenses and general powers and duties of the state board of pharmacy; providing for the issuance of temporary certificates, licenses and permits by the secretary of the state board of pharmacy; specifying fees and requirements for operation of hospital pharmacies; extending disciplinary powers of the state board of pharmacy; providing the requirements for labeling of prescription drug containers; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, and sections 33 to 36, inclusive, of this act have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.

      Sec. 2.  NRS 639.004 is hereby amended to read as follows:

      639.004  “Chart order” [is an order entered on the chart or medical record of a patient registered in a convalescent or nursing home institution or in a hospital or under emergency treatment in a hospital by or on the order of an authorized practitioner authorizing the administration of a drug from hospital floor or ward stock furnished by the hospital pharmacy. The chart order shall be signed by the prescriber at the time it is entered or on his next visit to the institution or hospital.] means an order entered on the chart of an inpatient in a hospital, convalescent center, skilled nursing facility, geriatric home or other extended care facility which is licensed as such by the health division of the department of human resources or on the chart of a patient under emergency treatment in a hospital by a practitioner or on the written or oral order of a practitioner authorizing the administration of a drug to the inpatient.

      Sec. 3.  NRS 639.012 is hereby amended to read as follows:

      639.012  1.  “Pharmacy” means [and includes every store or shop where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.] every store or shop licensed by the board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.


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ê1979 Statutes of Nevada, Page 1684 (Chapter 671, SB 565)ê

 

      2.  “Pharmacy” includes pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.

      Sec. 4.  NRS 639.013 is hereby amended to read as follows:

      639.013  [“Prescription” means an order given individually for the person for whom prescribed. Prescription includes a chart order.]

      “Prescription” means:

      1.  An order given individually for the person for whom prescribed, directly from the practitioner to a pharmacist or indirectly by means of an order signed by the practitioner.

      2.  A chart order written for an inpatient specifying drugs which he he is to take home upon discharge.

      Sec. 5.  NRS 639.050 is hereby amended to read as follows:

      639.050  1.  The board shall hold a meeting at least once in every 6 months.

      2.  Three members of the board shall constitute a quorum.

      3.  [All meetings] Meetings of the board [shall be open to the public, except for executive sessions] which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations [.] are closed to the public.

      4.  Each member of the board [shall] is entitled to receive:

      (a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      (b) [The subsistence allowance and traveling expenses provided by law,] Actual expenses for subsistence and lodging, not to exceed the amount provided by law for state employees, and actual expenses for transportation while traveling on business of the board.

      Sec. 6.  NRS 639.070 is hereby amended to read as follows:

      639.070  1.  The board [shall have power:

      1.  To make]may:

      (a) Make such regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      [2.  To make](b) Make regulations requiring that prices charged by retail pharmacies for prescription drugs and medicines be posted in the pharmacies and be given on the telephone to persons requesting such information.

      (c) Make regulations, not inconsistent with the laws of this state, authorizing the secretary to issue temporary certificates, licenses and permits required by chapters 453 and 454 of NRS and this chapter.

      [3.  To regulate](d) Regulate the practice of pharmacy.

      [4.  To regulate](e) Regulate the sales of poisons, drugs, chemicals and medicines.

      [5.  To regulate](f) Regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices [.] , including but not limited to requirements relating to the inventories and records of hospital pharmacies.

      [6.  To examine](g) Examine and register as pharmacists applicants whom it shall deem qualified to be such.

      [7.  To charge](h) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.


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ê1979 Statutes of Nevada, Page 1685 (Chapter 671, SB 565)ê

 

      [8.  To maintain](i) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      [9.  To employ](j) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      [10.  To enforce](k) Enforce the provisions of NRS 453.011 to 453.551, inclusive, and [to] enforce the provisions of chapter 454 of NRS and this chapter.

      2.  This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.

      Sec. 7.  NRS 639.073 is hereby amended to read as follows:

      639.073  1.  If the public interest would best be served, the board may adopt regulations restricting the sale of drugs to sale by or under the direct supervision of a registered pharmacist.

      2.  Any [rule or] regulation adopted pursuant to the provisions of this section shall also include the conditions under which such drugs shall be stored in a pharmacy and the circumstances under which such drugs may be sold.

      Sec. 8.  NRS 639.095 is hereby amended to read as follows:

      639.095  [1.  The board shall furnish all licensees with one copy of the pharmacy law.

      2.  General notice shall be given of the time and place set for board meetings. Upon the written request of any person, the secretary shall furnish notice of meetings of the board by mail.] The board shall furnish each applicant for registration and each resident registered pharmacist with a free copy of chapters 453, 454, 585 and 639 of NRS and the regulations of the board. Free copies must be provided nonresident pharmacists registered in Nevada upon request.

      Sec. 9.  NRS 639.100 is hereby amended to read as follows:

      639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a [medical, dental, podiatry or veterinarian] practitioner, unless he is a registered pharmacist under the provisions of this chapter.

      2.  Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person [shall] may act as a manufacturer or wholesaler unless he has obtained a permit from the board.

      3.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers controlled substances as defined in chapter 453 of NRS, which are intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and such person shall not furnish, sell or offer to sell such substances until he has obtained a permit from the board.

      4.  Each application for such permit [shall] must be made on a form furnished by the board and no application [shall] may be considered by the board until all the information required thereon has been completed.


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ê1979 Statutes of Nevada, Page 1686 (Chapter 671, SB 565)ê

 

the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to such applicant. Each permit [shall] must be issued to a specific person for a specific location, and [shall be] renewed biennially.

      Sec. 10.  NRS 639.127 is hereby amended to read as follows:

      639.127  1.  An applicant for registration as a pharmacist in this state shall submit an application to the secretary of the board on a form furnished by the board and shall pay the fee fixed by the board as provided in NRS 639.170. The fee shall be paid at the time the application is submitted and shall be compensation to the board for either the investigation or examination of the applicant. Under no circumstances shall the fee be refunded.

      2.  Proof of the qualifications of any applicant shall be made to the satisfaction of the board and shall be substantiated by affidavits, records or such other evidence as the board may require.

      Sec. 11.  NRS 639.135 is hereby amended to read as follows:

      639.135  1.  The secretary of the board may, after 30 days have elapsed following [approval of an application by the board,] receipt of an application for reciprocal registration pursuant to NRS 639.134, issue a temporary certificate to any person who has filed application for licensure, if the application, on its face, indicates that the applicant is eligible for such licensure [.] and the applicant has passed the examination required by subsection 3 of NRS 639.120. [Such] The temporary certificate [shall authorize] authorizes the applicant to practice pharmacy in this state pending an investigation to establish his moral character and [an examination to establish] his qualifications for licensure.

      2.  The 30-day waiting period provided in subsection 1 of this section may be waived by the board if, in its opinion, an emergency exists and there is justifiable need for the issuance of a temporary certificate prior thereto.

      3.  Not more than one temporary certificate [shall] may be issued to any one applicant and such temporary certificate shall expire not more than 6 months from the date of issue unless revoked by the board prior to that date. If on completion of its investigation or examination the board determines that the applicant is not qualified, the board may revoke any such certificate at any time.

      4.  In case the investigation of an applicant has not been completed prior to the expiration date of a temporary certificate, the board may extend the expiration date until such time as the investigation has been completed.

      Sec. 12.  NRS 639.1373 is hereby amended to read as follows:

      639.1373  1.  A physician’s assistant may, if authorized by the board, possess, administer or dispense controlled substances, poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the physician’s assistant’s certificate as issued by the board.

      2.  Each physician’s assistant who is authorized by his physician’s assistant’s certificate issued by the state board of medical examiners or the state board of osteopathic medicine to possess, or administer or dispense controlled substances, or poisons, or dangerous drugs or devices must apply for and obtain a registration certificate from the board and pay a fee to be set by regulations adopted by the board before he can possess, administer or dispense controlled substances, poisons, dangerous drugs or devices.


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ê1979 Statutes of Nevada, Page 1687 (Chapter 671, SB 565)ê

 

must apply for and obtain a registration certificate from the board and pay a fee to be set by regulations adopted by the board before he can possess, administer or dispense controlled substances, poisons, dangerous drugs or devices.

      3.  The board shall consider each application separately and may, even though the physician’s assistant’s certificate issued by the state board of medical examiners or the state board of osteopathic medicine authorizes the physician’s assistant to possess, administer or dispense controlled substances, poisons, dangerous drugs and devices:

      (a) Refuse to issue a registration certificate;

      (b) Issue a registration certificate limiting the physician’s assistant’s authority to possess, administer or dispense controlled substances, poisons, dangerous drugs or devices, the area in which the physician’s assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or

      (c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.

      4.  If the registration of the physician’s assistant is suspended or revoked, the physician’s controlled substance registration may also be suspended or revoked.

      5.  The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances, poisons, dangerous drugs and devices by physician’s assistants. In the adoption of such regulations, the board shall consider, but is not limited to, the following:

      (a) The area in which the physician’s assistant is to operate;

      (b) The population of that area;

      (c) The experience and training of the physician’s assistant;

      (d) The distance to the nearest hospital and physician; and

      (e) The effect on the health, safety and welfare of the public.

      Sec. 13.  NRS 639.170 is hereby amended to read as follows:

      639.170  1.  The board shall charge and collect not more than the following fees for the following services:

 

For investigation or examination of applicant for certificate as registered pharmacist            $100

For investigation or examination of applicant for certificate as registered pharmacist by reciprocity...........................................................................................          150

For the investigation or issuance of an original license to conduct a retail pharmacy            150

For [annual] biennial renewal of a license to conduct a retail pharmacy [$150]   300

For the investigation or issuance of an original license to conduct a hospital pharmacy for inpatients........................................................................          150

For biennial renewal of a license to conduct a hospital pharmacy for inpatients            300

For issuance of certificate of registration as registered pharmacist...... 50 For [annual] biennial renewal of certificate of registration as registered pharmacist......................................... [$50]    $100

 


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ê1979 Statutes of Nevada, Page 1688 (Chapter 671, SB 565)ê

 

For [annual] biennial renewal of certificate of registration as registered pharmacist      [$50] ......................................................................................... $100

For reinstatement of lapsed certificate of registration (in addition to [annual] renewal fees for period of lapse).........................................................................            50

For issuance of duplicate certificate of registration................................            25

For [annual] biennial registration of a hospital pharmaceutical technician  [5]    10

For issuance of manufacturer’s or wholesaler’s permit..........................          100

For issuance of [annual] biennial renewal of permit for manufacturer or wholesaler      [100] ............................................................................................ 200

For issuance [or renewal] of permit to vend, sell, offer to sell or furnish any hypodermic device.................................................................................            25

For biennial renewal of permit to vend, sell, offer to sell or furnish any hypodermic device .................................................................................................. 50

For issuance [or renewal] of permit to supply or operate vending machines or devices for distribution of any prophylactic....................................................          100

For biennial renewal of permit to supply or operate vending machines or devices for distribution of any prophylactic.........................................................          200

For reissuance of license issued to retain pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon......................................................................................            25

 

      2.  If a person requests a special service from the board or requests the board to convene a special meeting, he shall pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.

      3.  All fees [shall be] are payable in advance and [shall] must not be refunded.

      4.  The board may, by regulation, set the penalty for failure to pay the [annual] renewal fee for any license, permit or certificate within the statutory period, at an amount not to exceed 100 percent of the renewal fee for each year of delinquency in addition to the [annual] renewal fees for each year of delinquency.

      Sec. 14.  NRS 639.180 is hereby amended to read as follows:

      639.180  1.  A certificate as a registered pharmacist shall be issued to each person who is deemed qualified by the board in compliance with the provisions of NRS 639.120, 639.127, 639.133, 639.134 and NRS 639.217 to 639.2178, inclusive. The certificate entitles the person to whom it is issued to practice pharmacy in this state.

      2.  Each person to whom such certificate has been issued may, if he so desires and if his certificate has not been revoked, renew his certificate biennially upon making application and paying the renewal fee fixed by the board as provided in NRS 639.170 and complying with the provisions of NRS 639.217 to 639.2178, inclusive.

      3.  Application for the renewal of such certificate, together with the renewal fee, shall be delivered to the secretary of the board on or before the 1st Monday in September next preceding the expiration date of any presently existing valid certificate or renewal receipt.


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ê1979 Statutes of Nevada, Page 1689 (Chapter 671, SB 565)ê

 

the 1st Monday in September next preceding the expiration date of any presently existing valid certificate or renewal receipt.

      4.  A certificate as a registered pharmacist shall be renewed biennially, dated as of November 1, and delivered to the applicant on or before that date.

      5.  The board may refuse to renew a certificate if the applicant has committed any act proscribed by NRS 639.210.

      Sec. 15.  NRS 639.190 is hereby amended to read as follows:

      639.190  1.  Within 30 days after the renewal date, the secretary of the board shall notify the holders of all certificates of registration who have failed to pay their [annual] renewal fee that failure to pay the renewal fee and the penalty thereon within 60 days will result in [revocation] forfeiture of their [certificate] respective certificates of registration.

      2.  If any holder of a certificate of registration fails to pay the renewal fee and penalty within 60 days, after having been notified by the secretary [,] of the board, his certificate of registration shall be automatically [revoked by] forfeited to the board.

      3.  If the certificate of any person is [revoked] forfeited as provided in this section, the board may, nevertheless, within 5 years thereafter, issue a certificate of registration to such person, if the board determines that he is capable and is qualified by education or experience, or both, adequately to practice the profession of pharmacy in this state.

      Sec. 16.  NRS 639.210 is hereby amended to read as follows:

      639.210  The board [has the power to] may proceed administratively to suspend or revoke:

      1.  [Any certificate or current renewal thereof, or any permit or current renewal thereof, to vend, sell, offer to sell, or furnish any hypodermic device issued to any person or to deny the application of any person who has applied for a certificate or permit who:] Any certificate or current renewal thereof, any license or current renewal thereof, any permit or current renewal thereof, and deny the application of any person for a certificate, license or permit, who:

      (a) Is not of good moral character;

      (b) Is guilty of habitual intemperance;

      (c) Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance as defined in chapter 453 of NRS, unless taken pursuant to a physician’s prescription, while on duty in any establishment licensed by the board;

      (d) Is guilty of unprofessional conduct or conduct contrary to the public interest;

      (e) Is addicted to the use of any controlled substance as defined in chapter 453 of NRS;

      (f) Has been convicted of a violation of any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state;

      (g) Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;

      (h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;

 


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ê1979 Statutes of Nevada, Page 1690 (Chapter 671, SB 565)ê

 

any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;

      (i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;

      (j) Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs;

      (k) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, including laws and regulations governing controlled substances and dangerous drugs, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ; [or]

      (l) Has failed to renew his certificate, license or permit by failing to pay the renewal fee therefor [.] ;

      (m) Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state; or

      (n) Has, as a responsible managing pharmacist, violated any provisions of law or regulation concerning recordkeeping or inventory requirements in a store over which he presides as responsible managing pharmacist or has allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy, including statutes governing controlled substances and dangerous drugs, by personnel of the pharmacy under his supervision as responsible managing pharmacist.

      2.  Any permit or current renewal thereof for the issuance of a manufacturer’s or wholesaler’s permit, or for the issuance of a current renewal of a permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:

      (a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;

      (b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;

      (c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or

      (d) Has failed to renew his permit by failing to pay the annual renewal fee therefor.

      Sec. 17.  NRS 639.2176 is hereby amended to read as follows:

      639.2176  The board shall adopt regulations necessary to carry out the stated purposes of NRS 639.217 to 639.2178, inclusive, which [shall] must include the methods of determining accredited programs, the number of hours of continuing professional education necessary to constitute a continuing-education unit, the number of units required of each pharmacist during the period for which a certificate is issued and such other [rules and] regulations consistent with NRS 639.217 to 639.2178, inclusive, as the board may determine to be necessary.


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ê1979 Statutes of Nevada, Page 1691 (Chapter 671, SB 565)ê

 

each pharmacist during the period for which a certificate is issued and such other [rules and] regulations consistent with NRS 639.217 to 639.2178, inclusive, as the board may determine to be necessary.

      Sec. 18.  NRS 639.2718 is hereby amended to read as follows:

      639.2178  The board may grant to a registered pharmacist or applicant who meets all the requirements of this chapter except the continuing professional educational requirements alternate methods of obtaining continuing-education units through home-study courses or other such programs, examinations or other means of testing his acquired knowledge. These alternate methods shall be substantially equivalent in scope and content to the continuing professional education programs regularly scheduled; and only those persons are eligible for the alternative programs who, upon written application to the board and for good cause shown, demonstrate that they are unable to attend a sufficient number of regularly scheduled continuing professional education programs to obtain the requisite number of continuing-education units. This section and all [rules and] regulations promulgated under this section shall be uniformly applied by the board.

      Sec. 19.  NRS 639.230 is hereby amended to read as follows:

      639.230  1.  [No] A pharmacy shall not operate as such or use the word “drug” or “drugs,” “prescription” or “pharmacy,” or similar words or words of similar import, without first having secured a license so to do from the board.

      2.  Each license [shall] must be issued to a specific person and for a specific location and [shall not be] is not transferrable. The original license [shall] must show the name of the owner or owners, partners or corporation officers and the name of the responsible managing pharmacist and [shall] be displayed on the licensed premises as provided in NRS 639.150. Any change of partners, corporation officers or responsible managing pharmacist shall be immediately reported to the board. The original license together with the fee required for reissuance of a license as provided in NRS 639.170 [shall] must be submitted to the board prior to the reissuance of the license.

      3.  Every person holding a pharmacy license shall:

      (a) Satisfy the board that the same is conducted according to law.

      (b) [Annually,] Biennially, on or before May 2 [,] of the year in which the license or renewal expires, pay to the secretary of the board the [annual] biennial fee.

      4.  Upon receipt of the [annual] biennial fee the secretary of the board shall register the pharmacy, store or dispensary and shall furnish the store manager or proprietor with a renewal receipt valid for [1 year] 2 years from July 1 next succeeding such payment. The license and renewal receipt shall be subject to the provisions of subsections 5 and 6 and the other provisions of this chapter.

      5.  Failure to pay the [annual] biennial renewal fee prior to July 1 [shall subject] subjects the licensee to the penalty fixed by the board for failure to renew. Failure to pay the renewal fee and penalty thereon within 30 days after the delinquent date [shall result] results in automatic [revocation] forfeiture of the pharmacy license.

      6.  The license and renewal receipt may at any time be suspended or revoked upon proof to the satisfaction of the board, after notice to the licensee and after a hearing at which the licensee may be present, that the licensed premises are being operated in violation of this chapter or in a manner contrary to the public interest.


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ê1979 Statutes of Nevada, Page 1692 (Chapter 671, SB 565)ê

 

revoked upon proof to the satisfaction of the board, after notice to the licensee and after a hearing at which the licensee may be present, that the licensed premises are being operated in violation of this chapter or in a manner contrary to the public interest.

      7.  Any unlawful act or violation of any of the provisions of this chapter by a responsible managing pharmacist or by personnel of the pharmacy under the supervision of the responsible managing pharmacist, including recordkeeping and inventory violations, is cause for the suspension or revocation of the license of the pharmacy by the board.

      Sec. 20.  NRS 639.231 is hereby amended to read as follows:

      639.231  1.  An application to conduct a pharmacy shall be made on a form furnished by the board and shall state the name, address, usual occupation and professional qualifications, if any, of the applicant. If the applicant is other than a natural person, the application shall state such information as to each person beneficially interested therein.

      2.  As used in subsection 1, and subject to the provisions of subsection 3, the term “person beneficially interested” means:

      (a) If the applicant is a partnership or other unincorporated association, each partner or member.

      (b) If the applicant is a corporation, each of its officers, directors and stockholders, provided that no natural person shall be deemed to be beneficially interested in a nonprofit corporation.

      3.  In any case where the applicant is a partnership, unincorporated association or corporation and where the number of partners, members or stockholders, as the case may be, exceeds four, the application shall so state, and shall list each of the four partners, members or stockholders who own the four largest interests in the applicant entity [.] and state their percentages of interest. Upon request of the secretary of the board, the applicant shall furnish the board with information as to partners, members or stockholders not named in the application or shall refer the board to an appropriate source of such information.

      4.  The completed application form shall be returned to the board with the fee prescribed by the board, which shall not be refunded. Any application which is not complete as required by the provisions of the section shall not be presented to the board for consideration.

      5.  Upon compliance with all the provisions of this section and upon approval of the application by the board, the secretary shall issue a license to the applicant to conduct a pharmacy. Any other provision of law notwithstanding, such license shall authorize the holder to conduct a pharmacy and to sell and dispense drugs, hypodermic devices and poisons.

      Sec. 21.  NRS 639.232 is hereby amended to read as follows:

      639.232  1.  The board shall not issue any new license to conduct a pharmacy:

      (a) To any [physician, dentist, podiatrist, veterinarian or other person authorized by the laws of this state to prescribe; or] practitioner; or

      (b) To any partnership, corporation or association in which any such person has any beneficial interest.

      2.  This section does not:

      (a) Apply to a hospital pharmacy; or

      (b) Prohibit ownership of a building in which a pharmacy is located, if space for such pharmacy is rented as the prevailing rate.


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ê1979 Statutes of Nevada, Page 1693 (Chapter 671, SB 565)ê

 

space for such pharmacy is rented as the prevailing rate. Such rental may be flat monthly rental, a percentage of gross receipts, or a combination of these methods.

      Sec. 22.  (Deleted by amendment.)

      Sec. 23.  (Deleted by amendment.)

      Sec. 24.  NRS 639.233 is hereby amended to read as follows:

      639.233  1.  Any person, including a wholesaler or manufacturer, who engages in the business of furnishing controlled substances, poisons, hypodermic devices or drugs, devices or appliances to any person located within this state shall obtain a license pursuant to the provisions of this chapter.

      2.  The provisions of subsection 1 do not apply to a wholesaler or manufacturer whose principal place of business is located in another state and who ships controlled substances, drugs, poisons, hypodermic devices or other restricted devices or appliances to a wholesaler or manufacturer located within this state and licensed by the board.

      3.  For the purpose of this section, a person is “engaged in the business of furnishing” if he:

      (a) Solicits orders from within this state by means of direct mail or other advertising devices;

      (b) Accepts orders for drugs or devices whose sale in this state is restricted by this chapter or chapters 453 and 454 of NRS; or

      (c) Ships such drugs or devices to any person located within this state.

      Sec. 25.  NRS 639.235 is hereby amended to read as follows:

      639.235  1.  No person other than a [physician, dentist, podiatrist or veterinarian] practitioner holding a currently valid [and unrevoked] license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a physician not licensed to practice in this state but authorized by the laws of another state to prescribe shall be considered to be a legal prescription.

      2.  If a prescription, written by a physician not licensed to practice in this state, calls for a schedule II controlled substance, as defined in chapter 453 of NRS, it is the responsibility of the registered pharmacist who is to fill the prescription to establish that the prescription is authentic and that a bona fide doctor-patient relationship did exist at the time the prescription was written.

      Sec. 26.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. [No pharmacist shall] A pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:

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

      (b) The [doctor] practitioner who originally issued the prescription; [or]

      (c) A [doctor] practitioner who is then treating the patient; [or]

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

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


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ê1979 Statutes of Nevada, Page 1694 (Chapter 671, SB 565)ê

 

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

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

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

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

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

      Sec. 27.  NRS 639.241 is hereby amended to read as follows:

      639.241  1.  A hearing to determine whether the rights and privileges granted by any certificate, certification, license or permit issued by the board should be revoked, suspended, limited or conditioned [shall] must be initiated by the filing of an accusation by the board. The action [shall] must be entitled: The Nevada State Board of Pharmacy v. (insert the name of the party whose certificate, license or permit is involved), who [shall] must be designated “Respondent.”

      2.  The accusation [shall be] is a written statement of the charges alleged and [shall] must set forth in ordinary and concise language the acts or omissions with which the respondent is charged to the end that the respondent will be able to prepare his defense. It [shall] must specify the statutes and [rules or] regulations which the respondent is alleged to have violated, but [shall] must not consist merely of charges phrased in language of the statute [or rule] or regulation. The accusation [shall] must be signed by the secretary of the board acting in his official capacity.

      Sec. 28.  NRS 639.255 is hereby amended to read as follows:

      639.255  1.  The holder of any certificate, license or permit issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:

      (a) Suspending judgment;

      (b) Placing the certificate, license or permit holder on probation;

      (c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period not to exceed 1 year;

      (d) Revoking the certificate, license or permit;

      (e) Public or private reprimand; or


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

ê1979 Statutes of Nevada, Page 1695 (Chapter 671, SB 565)ê

 

      (f) Imposition of a fine not to exceed $1,000 [.] for each count of the accusation.

      2.  Such action by the board [shall be] is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.

      Sec. 29.  NRS 639.264 is hereby amended to read as follows:

      639.264  1.  No registered pharmacist, or owner of any pharmacy licensed under the provisions of this chapter, may offer, deliver or pay any unearned rebate, refund, commission, preference, patronage dividend, discount or other unearned consideration to any person, whether in the form of money or otherwise, as compensation or inducement to such person for referring prescriptions, patients, clients or customers to such pharmacist or pharmacy, irrespective of any membership, proprietary interest or coownership in or with any person by whom such prescriptions, patients, clients or customers are referred.

      2.  The furnishing to a [prescriber] practitioner by a pharmacist or a pharmacy of prescription blanks bearing the name or name and address of any pharmacy is an unearned rebate and an inducement to refer patients to such pharmacist or pharmacy.

      Sec. 30.  NRS 639.2801 is hereby amended to read as follows:

      639.2801  Unless specified to the contrary in writing on the prescription by the [prescriber,] prescribing practitioner, all prescriptions filled in any pharmacy [shall] must be dispensed in a container to which is affixed a label or other device which clearly shows:

      [1.  The proprietary or generic name of the drug or medicine as written by the prescribing physician; and

      2.  The strength of such drug or medicine,

and contains the warning:

Caution: Do not use with alcohol or nonprescribed drugs without consulting the prescriber.]

      1.  The date;

      2.  The name, address and prescription serial number of the pharmacy;

      3.  The names of the prescribing practitioner and of the person for whom prescribed;

      4.  The number of dosage units;

      5.  Specific directions for use given by the prescribing practitioner;

      6.  The expiration date of the effectiveness of the drug or medicine dispensed, if such information is required on the original label of the manufacturer of such drug or medicine;

      7.  The proprietary or generic name of the drug or medicine as written by the prescribing practitioner; and

      8.  The strength of such drug or medicine,

and contains the warning:

Caution: Do not use with alcohol or nonprescribed drugs without consulting the prescribing practitioner.

      Sec. 31.  NRS 639.286 is hereby amended to read as follows:

      639.286  [Rules and regulations] Regulations officially adopted by the board under the powers granted by NRS 454.110, 454.120 and 639.073 as such [rules and] regulations apply to the restricted sale of drugs and the sale or labeling of poisons apply to all persons alike and shall have the force and effect of law.


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

ê1979 Statutes of Nevada, Page 1696 (Chapter 671, SB 565)ê

 

have the force and effect of law. Violation of such [rules and] regulations is punishable as a misdemeanor.

      Sec. 32.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 33 to 36, inclusive, of this act.

      Sec. 33.  “Compound” or “compounding” means to form or make up a composite product by combining two or more different ingredients.

      Sec. 34.  “Fill” means the counting, measuring, compounding, pouring, packaging and labeling required to prepare a drug for either direct or indirect delivery to a patient.

      Sec. 35.  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state.

      2.  A hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer drugs in the course of professional practice or research in this state.

      Sec. 36.  “Refill” means to fill again.

      Sec. 37.  Section 2 of chapter 246, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 2.  1.  A prescription must be given:

       (a) Directly from the [prescriber] practitioner to a pharmacist;

       (b) Indirectly by means of an order signed by the [prescriber;] practitioner; or

       (c) By an oral transmitted by an agent of the [prescriber.] practitioner;

       2.  A prescription must contain:

       (a) The name and address of the [prescriber;] practitioner;

       (b) The classification of his license;

       (c) His registration number assigned by the Drug Enforcement Administration;

       (d) The name and address of the patient;

       [(d)](e) The name and quantity of the drug or drugs prescribed;

       [(e)](f) Directions for use; and

       [(f)](g) The date of issue.

       3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

 

      Sec. 38.  Section 3 of chapter 246, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 3.  If a [prescriber] practitioner authorizes an agent or agents to transmit his oral orders for prescriptions, that [prescriber] practitioner must submit to the secretary of the board, in a form prescribed by the board, a written statement containing his authorization for the agent or agents to transmit oral orders pursuant to subsection 1 of section 2 of this act and assuming full liability for any order so transmitted by the agent [.] or agents.


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

ê1979 Statutes of Nevada, Page 1697 (Chapter 671, SB 565)ê

 

      Sec. 39.  Section 4 of chapter 246, Statutes of Nevada 1979, is hereby amended to read as follows.

 

       Sec. 4.  1.  It is unlawful for any person falsely to represent himself as a [physician, dentist, podiatrist or veterinarian] practitioner entitled to write prescriptions in this state, or the agent of such a person, for the purpose of transmitting to a pharmacist an order for a prescription.

       2.  It is unlawful for the agent of a [physician, dentist, podiatrist or veterinarian] practitioner entitled to write prescriptions in this state willfully to transmit to a pharmacist an order for a prescription if the agent is not authorized by the [physician, dentist, podiatrist or veterinarian] practitioner to transmit such order.

 

________

 

 

CHAPTER 672, SB 586

Senate Bill No. 586–Committee on Finance

CHAPTER 672

AN ACT revising the annual salaries of certain officers and employees of the state; making appropriations for salary increases from the state general fund and the state highway fund; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 284.013 is hereby amended to read as follows:

      284.013  1.  [The provisions of] Except for the provisions of NRS 284.182, this chapter [do] does not apply to:

      (a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government; or

      (b) Members of the Nevada gaming commissioner or members of the state gaming control board.

      2.  Terms and conditions of employment of all persons referred to in subsection 1, including salaries not set forth in NRS 284.182 and leaves of absence (including, without limitation, annual leave and sick and disability leave), [shall] must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations [; but such] , but leaves of absence so prescribed [shall] must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter.

      Sec. 2.  NRS 284.182 is hereby amended to read as follows:

      284.182  The following state officers and employees in the unclassified service of the State of Nevada [shall] are entitled to receive annual salaries [not to exceed] of not more than the approximate maximum amounts set forth following their [unclassified grade and specified titles:


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

ê1979 Statutes of Nevada, Page 1698 (Chapter 672, SB 586)ê

 

                             Unclassified                                                                             Approximate

                          Grade and Title                                                                         Annual Salary

1.  U-53

Administrator, mental hygiene division...........................                $36,600

2.  U-50

State highway engineer.......................................................                $35,364

3.  U-49

Director, department of human resources.......................                $31,325

Director, department of conservation and natural resources                     .............................................................................. 30,020

Director, department of administration...........................                  32,239

Commissioner, employee-management relations board                             .............................................................................. 24,138

Hearing officer, Nevada industrial commission.............                  30,000

Executive assistant, governor’s office.............................                  28,900

Executive assistant, governor’s office.............................                  28,362

4.  U-48

Administrator, division of Colorado River resources....                $27,128

Chairman, gaming control board......................................                  30,396

Director, department of commerce..................................                  29,021

Superintendent of public instruction................................                  30,415

5.  U-47

Director, department of general services.........................                $28,257

Executive director, department of agriculture................                  28,390

Business manager, highway department.........................                  28,992

Deputy highway engineer (two positions) each..............                  31,484

Director, department of prisons.........................................                  28,527

State public works board manager...................................                  28,943

Chairman, public service commission.............................                  29,759

Executive director, department of taxation....................                  27,759

State engineer (division of water resources)....................                  26,371

Institute director, Nevada mental health institute.........                  29,120

6.  U-46

Director, department of motor vehicles...........................                $26,371

Chairman, Nevada industrial commission......................                  27,517

Executive director, employment security department..                  28,966

Director, department of energy.........................................                  30,000

7.  U-45

Assistant director, department of conservation and natural resources (two positions)................................................................                $24,605

Deputy manager, state public works board....................                  26,313

Member, gaming control board (other than chairman) each                     .............................................................................. 27,128

Public service commissioners (other than chairman) each                         .............................................................................. 26,333

Executive secretary, gaming commission.......................                  24,996

Deputy superintendent of public instruction...................                  27,759

Administrator, division of environmental protection....                  27,796

Nevada state planning coordinator..................................                  25,564

Public defender.....................................................................                  26,497

Hearing officer I, Nevada industrial commission..........                  26,500


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

ê1979 Statutes of Nevada, Page 1699 (Chapter 672, SB 586)ê

 

                             Unclassified                                                                             Approximate

                          Grade and Title                                                                         Annual Salary

8.  U-44

Nevada industrial commissioners (other than chairman) each                  ........................................................................... $23,974

Executive director, public service commission...............                  25,983

Public mine inspector..........................................................                  22,712

9.  U-43

Deputy executive director, department of taxation......                $25,911

Director, state department of fish and game..................                  23,860

Commissioner of insurance...............................................                  26,333

Adjutant general..................................................................                  23,974

Associate superintendent of public instruction...............                  25,236

Real estate administrator...................................................                  22,712

Deputy budget administrator.............................................                  25,236

Executive assistant, governor’s office (one position)....                  22,106

10.  U-42

Administrative officer, dairy commission.......................                $23,513

Administrator, division of state lands..............................                  21,127

Labor commissioner............................................................                  22,289

State forester firewarden....................................................                  23,345

Administrator, state park system......................................                  23,343

Manager, computer facility...............................................                  24,478

Commissioner, savings and loan associations...............                  24,138

Superintendent of banks....................................................                  25,236

Chief assistant budget administrator...............................                  19,105

Chief assistant, department of human resources..........                  24,517

Chief, consumer affairs division.......................................                  20,409

Director, state communications board.............................                  21,944

Executive director, advisory council for career education                             19,833

11.  U-41

Chief deputy state treasurer...............................................                $19,691

Deputy, real estate division................................................                  19,523

Deputy director, department of motor vehicles.............                  21,324

Superintendent, youth training center..............................                  22,964

Superintendent, girls training center..................................                  22,964

Superintendent, children’s home (two positions)...........                  22,964

Director, commission on crime, delinquency and corrections                       21,767

Chief parole and probation officer...................................                  24,053

Taxicab administrator........................................................                  21,767

Director, manpower services..............................................                  22,964

12.  U-40

Treasury cashier...................................................................                $20,441

Deputy administrator, division of Colorado River resources                         21,318

General manager, office of state controller....................                  25,110

Supervising public defender—office................................                  25,857

Supervising public defender—trial....................................                  23,559

Administrator, division of historic preservation and archeology                  20,000


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

ê1979 Statutes of Nevada, Page 1700 (Chapter 672, SB 586)ê

 

                             Unclassified                                                                             Approximate

                          Grade and Title                                                                         Annual Salary

13.  U-39

Deputy executive director, department of taxation......                $23,500

Staff counsel, public service commission........................                  22,777

Director, consumer affairs, public service commission.                  20,847

Director, state museum.......................................................                  19,750

Special assistant, Las Vegas (governor)...........................                  19,552

Press secretary (governor)...................................................                  21,792

Deputy public defender (two positions) each.................                  22,493

Deputy public defender—prison.......................................                  22,493

Parole board chairman.......................................................                  20,000

Parole board member (two positions)..............................                  18,000

Assistant to superintendent of banks...............................                  21,500

Chief special deputy, insurance division.........................                  23,000

Deputy, real estate division (Las Vegas)..........................                  17,432

14.  U-38

Director, department of economic development...........                $20,441

Executive director, equal rights commission...................                  18,800

Executive director, Nevada Indian commission............                  18,800

Highway safety director.....................................................                  20,441

Chief assistant, department of fish and game...............                  17,732

Chief deputy commissioner, insurance division.............                  18,533

Deputy, consumer affairs division....................................                  18,422

Chief assistant, department of commerce......................                  17,119

Administrator, housing division.........................................                  20,636

Deputy mine inspector (two positions) each...................                  16,907

Assistant staff counsel, public service commission.......                  21,590

15.  U-37

Assistant controller..............................................................                $20,397

Director, civil defense and disaster assistance................                  19,271

District supervisor, water commissioners, division of water resources         20,331

Deputy secretary of state, securities.................................                  18,800

Deputy secretary of state...................................................                  18,800

Chairman, committee to hire the handicapped.............                  19,138

16.  U-36

Administrator, division of soil conservation...................                $16,831

Administrative assistant, adjutant general......................                  15,460

Executive director, council of arts....................................                  16,099

Chief assistant, insurance division (Las Vegas).............                  17,742

Child care services officer, welfare...................................                  16,000

17.  U-35

Administrative assistant, public service commission (two positions) each..................................................................................                $18,072

Administrative assistant, public service commission (one position)             17,286

Deputy labor commissioner (Las Vegas).........................                  14,763

Executive secretary, Nevada athletic commission........                  13,993

Executive secretary, historical society.............................                  16,066


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

ê1979 Statutes of Nevada, Page 1701 (Chapter 672, SB 586)ê

 

                             Unclassified                                                                             Approximate

                          Grade and Title                                                                         Annual Salary

Deputy, industry, economic development......................                $18,524

Deputy, tourism, economic development.......................                  19,201

Director, department of economic opportunity.............                  18,296

Secretary, parole board.......................................................                  16,066

18.  U-34

Commissioner for veteran affairs.....................................                $16,744

Director, brand inspection division...................................                  17,251

19.  U-33

Deputy director, department of economic opportunity                $15,448

Assistant executive secretary, historical society.............                  11,925

Secretary to governor..........................................................                  13,753

20.  U-32

Curator, Lost City museum...............................................                $13,501

Deputy commissioner, veteran affairs (Las Vegas)......                  13,728

Director, Clear Creek...........................................................                  13,984

21.  U-31

Chief assistant, state public works board........................                $14,643

22.  U-29

Chief assistant, secretary of state.....................................                $12,481

Chief assistant, labor commissioner.................................                  12,870

Chief assistant, Nevada industrial commission.............                  12,202

Deputy, Nevada industrial commission...........................                  12,202

23.  U-27

Chief assistant, employment security department........                $11,661

Secretary, employee-management relations board.......                  11,661

Administrative secretary, governor (five positions) each                               11,661

Administrative secretary, comprehensive statewide planning                       10,573

Administrative secretary, governor (one position).........                  11,661

24.  U-20

Attendant, Lost City museum...........................................                  $8,734

 

                                                                                                                                Approximate

                            Position Title                                                                           Annual Salary

25.  State gaming control board

       (a) Office services division:

Business manager................................................................                $21,330

Chief, ER and securities......................................................                  25,016

Financial analyst..................................................................                  21,330

Financial analyst..................................................................                  21,330

       (b) License and tax division:

Chief, tax and licensing......................................................                $25,016

Deputy, chief tax and license............................................                  19,305

Senior agent, tax and license.............................................                  17,161

       (c) Investigations division:

Chief, investigations............................................................                $25,016


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

ê1979 Statutes of Nevada, Page 1702 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                            Position Title                                                                           Annual Salary

Deputy chief, investigations...............................................                $20,441

Coordinator, applicant services.........................................                  21,330

Senior agent, investigations................................................                  19,350

Agent II, investigations.......................................................                  18,524

Agent I, investigations.........................................................                  17,683

Intelligence specialist...........................................................                  20,192

       (d) Enforcement division:

Chief, enforcement..............................................................                $25,016

Deputy chief, enforcement (two positions) each...........                  20,441

Senior agent, enforcement.................................................                  19,350

Agent II, enforcement.........................................................                  18,524

Agent I, enforcement..........................................................                  17,683

Electronic specialist.............................................................                  23,041

Electronic technician...........................................................                  16,490

       (e) Audit division:

Chief, audit...........................................................................                $25,016

Deputy chief, audit (two positions) each.........................                  20,441

Supervisor, audit..................................................................                  19,895

Senior agent, audit...............................................................                  19,350

Agent II, audit......................................................................                  18,524

Agent I, audit........................................................................                  17,683

26.  Attorney general

       (a) Central office:

Chief deputy, attorney general..........................................                $31,270

Chief deputy, Las Vegas....................................................                  31,270

Supervisor—Criminal..........................................................                  28,283

Deputy (three positions) each............................................                  25,121

Deputy...................................................................................                  23,700

Deputy—Criminal...............................................................                  23,700

Deputy—Civil.......................................................................                  22,602

Chief investigator.................................................................                  18,238

Investigator (two positions) each......................................                  18,238

Administrative assistant.....................................................                  18,104

Deputy—Criminal (1/2 position)......................................                  11,301

       (b) Deputy attorneys general:

Supervising deputy—Nevada gaming commission.......                $29,624

Deputy—Nevada gaming commission............................                  26,003

Deputy—public service commission (two positions).....                  26,003

Deputy—mental hygiene and mental retardation.........                  22,602

Deputy—real estate division..............................................                  22,602

Deputy—department of human resources.....................                  25,579

Deputy—welfare division...................................................                  26,003

Supervising deputy—welfare division..............................                  27,320

Deputy—welfare division...................................................                  23,700

Deputy—welfare division...................................................                  20,408

Deputy—department of commerce.................................                  25,579

Deputy—division of consumer affairs............................                  23,700


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

ê1979 Statutes of Nevada, Page 1703 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                            Position Title                                                                           Annual Salary

Deputy—department of conservation and natural resources                       $26,761

Deputy—division of water resources...............................                  23,700

Deputy—division of Colorado River resources..............                  13,660

Deputy—Taxicab authority—office...............................                  25,579

Deputy—Bureau of environmental health.....................                  24,797

Deputy—department of motor vehicles..........................                  25,579

Deputy—Nevada tax commission...................................                  25,579

Deputy—Nevada state prison...........................................                  23,700

Deputy—Parole and probation (1/2 position)................                  11,301

Deputy—Departments of administration and general services                    24,797

Deputy—Equal rights commission (1/2 position)..........                  13,660

Deputy—Insurance division..............................................                  25,121

Deputy—welfare division...................................................                  22,602

Deputy—department of taxation.....................................                  22,602

Deputy—gaming commission...........................................                  25,121

Deputy—department of motor vehicles..........................                  23,700

       (c) Department of highways:

Chief deputy.........................................................................                $28,637

Assistant chief deputy.........................................................                  26,887

Deputy...................................................................................                  25,121

Deputy...................................................................................                  24,797

Deputy...................................................................................                  20,408

Deputy (two positions) each..............................................                  20,408

Deputy...................................................................................                  18,214

Legal research assistants (three positions) each.............                  14,264

27.  Supreme court

Chief legal advisor...............................................................                $29,920

Court administrator.............................................................                  25,885

Management-budget director............................................                  24,691

Program coordinator...........................................................                  19,517

Senior legal assistant (two positions)................................                  20,122

Legal assistant (two positions*)........................................                  16,013

Clerk.......................................................................................                  25,951

Chief deputy clerk...............................................................                  15,601

Deputy clerk..........................................................................                  12,014

Court reporter.......................................................................                  15,601

Senior law clerk....................................................................                  20,122

Law clerk (five positions)...................................................                  16,013

Legal secretary.....................................................................                  13,911

Legal secretary (five positions)..........................................                  13,841

1.  General service of the state:

Medical program coordinator, Nevada mental health institute                  $43,000

Director, department of human resources......................                  40,000

*Three positions after July 1, 1978.] specified titles or positions:


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

ê1979 Statutes of Nevada, Page 1704 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                         Title or Position                                                                        Annual Salary

Administrator, mental hygiene and mental retardation division                 $39,000

State highway engineer (or director of department of transportation)      38,000

Director, department of administration..........................                  37,000

Deputy administrator, mental hygiene and mental retardation division   .......................................................................... 35,000

Institute director, Nevada mental health institute........                  32,250

Superintendent of public instruction..............................                  34,500

Director, department of corrections (or prisons)..........                  36,000

Executive assistant, governor’s office.............................                  32,000

Director, department of conservation and natural resources                      33,126

Chief, prison institutions...................................................                  33,000

Chairman, public service commission.............................                  33,000

Area mental health administrator (two positions)........                  33,000

Deputy highway engineer (two positions) each (or deputy director, department of transportation—one position).........                  35,500

Chief, personnel division...................................................                  32,500

Director, department of commerce...................................                  32,500

Executive director, employment security department...                  32,500

Chairman, Nevada industrial commission.....................                  32,500

Executive director, department of taxation....................                  32,500

Chief auditor—public service commission.....................                  33,200

Manager, state public works board.................................                  33,000

Director, department of motor vehicles...........................                  35,000

Director, department of general services........................                  32,000

Director, department of energy.........................................                  33,000

Business manager, department of highways..................                  32,000

Administrator—rehabilitation division..........................                  31,750

Executive assistant (press secretary), governor’s office                                31,250

Appeals officer, Nevada industrial commission............                  32,000

Associate administrator—mental retardation...............                  31,000

Administrator, division of environmental protection...                  30,750

Public defender....................................................................                  29,250

Public service commissioners (two positions) each......                  31,500

Commissioner of insurance...............................................                  29,000

Deputy commissioner—public service commission.......                  30,000

Executive director, department of agriculture..............                  30,000

Chief parole and probation officer.................................                  29,000

Deputy superintendent of public instruction.................                  29,500

State engineer (division of water resources)..................                  29,500

Administrator, youth services division............................                  29,000

Administrator, division of Colorado River resources..                  30,000

Executive assistant, governor’s office.............................                  28,000

Deputy manager, state public works board....................                  29,000

Administrative assistant, governor’s office....................                  28,000


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

ê1979 Statutes of Nevada, Page 1705 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                         Title or Position                                                                        Annual Salary

Senior auditor—public service commission (five positions) each               $28,800

Clinic director, rural clinics.............................................                  28,000

Director, department of wildlife.......................................                  28,000

Appeals officer, Nevada industrial commission............                  28,000

Deputy executive director, department of taxation......                  28,000

Supervising public defender—office...............................                  28,000

State planning coordinator...............................................                  28,000

Deputy budget administrator............................................                  29,000

Associate superintendent of public instruction.............                  28,000

Superintendent of banks....................................................                  28,000

Administrator, aging services...........................................                  28,000

General manager, office of state controller...................                  27,750

Industrial attorney, Nevada industrial commission.....                  27,700

Assistant director, department of conservation and natural resources (two positions) each......................................................                  27,000

Chief assistant, department of human resources...........                  27,000

Manager, computer facility...............................................                  27,000

Commissioner, local government employee-management relations board...............................................................................                  26,500

Commissioner of savings associations............................                  26,500

Nevada industrial commissioners (other than chairman) each                    26,500

Adjutant general..................................................................                  26,500

Supervising public defender—trial.................................                  26,000

Assistant to director, department of energy...................                  26,500

State fire marshal................................................................                  26,500

Auditor—public service commission (nine positions) each                          26,200

Executive director, state dairy commission....................                  26,000

Deputy industrial attorney, Nevada industrial commission                         26,250

Deputy executive director, department of taxation......                  26,000

State forester firewarden...................................................                  26,000

Administrator, division of state parks.............................                  26,000

Administrator, housing division.......................................                  26,000

Chief special deputy, insurance division........................                  25,500

Superintendent, youth training center............................                  25,500

Superintendent, girls training center..............................                  25,500

Superintendent, children’s home (two positions) each                29,000*

Deputy administrator, youth services division..............                  25,260

Real estate administrator...................................................                  25,000

Director, manpower services.............................................                  25,000

Administrator, division of energy conservation and planning                    25,000

Administrator, division of energy research and development                      25,000

*Payment for perquisites is discontinued.


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

ê1979 Statutes of Nevada, Page 1706 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                         Title or Position                                                                        Annual Salary

Staff counsel, public service commission........................                $25,000

Executive secretary—Henderson track...........................                  25,000

Administrator, mobile homes, department of commerce                                25,000

Public mine inspector.........................................................                  25,000

Commissioner of credit unions.........................................                  25,000

Deputy public defender (three positions) each..............                  25,000

Deputy public defender—prison......................................                  25,000

Employee relations officer.................................................                  25,000

Labor commissioner............................................................                  24,500

Director, department of economic development............                  23,000

Deputy industrial attorney, Nevada industrial commission                         24,725

Director, commission on crime, delinquency and corrections                      24,000

Taxicab administrator........................................................                  24,500

Executive director, equal rights commission.................                  20,750

Clinic director, Henderson mental health center..........                  24,200

Assistant staff counsel, public service commission.......                  24,000

Director, state occupational information coordinating committee            23,250

Deputy director, department of motor vehicles.............                  23,500

Administrator, division of state lands.............................                  23,500

Administrator, unclaimed property..................................                  23,500

Administrator, division of water planning.....................                  23,500

Director, department of museums and history...............                  24,000

Deputy administrator, division of Colorado River resources                       23,500

Assistant to director, department of commerce..............                  19,500

Director, consumer affairs, public service commission                  22,750

Highway safety director.....................................................                  22,750

Veterinarian, Henderson track.........................................                  22,500

District supervisor, water commissioners, division of water resources      22,500

Administrator, division of mineral resources.................                  25,500

Director, Nevada state museum........................................                  23,000

Deputy administrator, housing division.........................                  21,750

Program coordinator, crime prevention.........................                  19,500

Administrator, division of historic preservation and archeology               21,000

Parole board chairman......................................................                  22,000

Commissioner of consumer affairs...................................                  21,750

Executive director, advisory counsel for career education                          21,750

Chief deputy state treasurer..............................................                  21,750

Deputy secretary of state....................................................                  21,750

Assistant controller.............................................................                  21,750

Treasury cashier..................................................................                  21,750

Special assistant, Las Vegas (governor).........................                  21,500

Deputy, real estate division (Las Vegas).........................                  19,250


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

ê1979 Statutes of Nevada, Page 1707 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                         Title or Position                                                                        Annual Salary

Chief assistant, housing division.....................................                $20,000

Director, civil defense and disaster agency...................                  21,000

Deputy, tourism, department of economic development                                21,000

Chairman, committee to hire the handicapped.............                  21,000

Chief assistant, budget administrator.............................                  21,000

Steward, Henderson track..................................................                  21,000

Medical malpractice investigator....................................                  20,000

Executive director, council on the arts...........................                  20,000

Executive secretary, Nevada historical society.............                  21,000

Executive director, Nevada Indian commission............                  20,800

Deputy secretary of state, securities................................                  20,800

Chief deputy commissioner, insurance division............                  20,600

Deputy, consumer affairs division....................................                  20,600

Deputy, industry, department of economic development                               20,600

Director, office of community services............................                  20,200

Parole board member (two positions) each....................                  20,000

Administrative assistant, public service commission (two positions) each..................................................................................                  20,000

Chief assistant, insurance division (Las Vegas)............                  19,800

Chief assistant, department of wildlife...........................                  19,800

Deputy, real estate division (Carson City).....................                  20,500

Administrative assistant, public service commission....                  19,200

Executive secretary, Nevada athletic commission........                  17,500

Director, division of brand inspection............................                  19,200

Chief assistant, department of commerce.......................                  19,000

Deputy mine inspector (two positions) each..................                  18,800

Administrator, division of conservation districts..........                  18,600

Mutuel manager, Henderson track...................................                  18,500

Commission for veteran affairs.........................................                  18,400

Deputy, division of energy conservation and planning                                 18,400

Deputy, division of energy research and development                  18,400

Secretary to parole board..................................................                  17,800

Administrative assistant, adjutant general....................                  17,000

Administrative assistant, department of energy............                  17,800

Chief, child care services...................................................                  17,700

Deputy director, office of community services...............                  17,000

Chief assistant, division of energy conservation and planning                   17,500

Chief assistant, division of energy research and development                    17,000

Deputy labor commissioner (Las Vegas).........................                  15,368

Chief assistant, state public works board.......................                  16,200

Director, Clear Creek.........................................................                  15,400

Secretary to governor.........................................................                  15,200

Deputy commissioner for veterans affairs (Las Vegas)                  15,200

Ombudsman, department of human resources...............                  15,000

Curator, Lost City museum................................................                  17,000

Chief assistant, labor commissioner................................                  13,398


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

ê1979 Statutes of Nevada, Page 1708 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                         Title or Position                                                                        Annual Salary

Chief assistant, secretary of state.....................................                $13,800

Chief assistant, Nevada industrial commission.............                  12,702

Deputy, Nevada industrial commission...........................                  13,200

Assistant executive secretary, Nevada historical society                              17,000

License investigator, Henderson track............................                  13,000

Chief assistant, employment security department.........                  12,900

Secretary, local government employee-management relations board        12,900

Administrative secretary, governor (six positions) each                                12,900

Chief assistant, lieutenant governor...............................                  12,900

License inspector-veterinarian’s aide, Henderson track                               10,500

Attendant, Lost City Museum............................................                  10,000

2.  Office of the attorney general:

       (a) Central office in Carson City

Chief deputy attorney general..........................................                $34,801

Supervisor—criminal..........................................................                  31,200

Deputy—civil........................................................................                  31,200

Deputy—civil........................................................................                  29,551

Deputy—criminal................................................................                  26,376

Deputy—civil........................................................................                  26,376

Deputy—civil........................................................................                  26,151

Deputy—criminal................................................................                  25,154

Deputy—criminal................................................................                  25,154

Chief investigator................................................................                  20,297

Investigator...........................................................................                  20,297

Administrative assistant.....................................................                  20,148

Deputy, Carson Office (1/2 time)......................................                  12,450

Supervisor office services..................................................                  17,700

       (b) Central office in Las Vegas

Chief deputy, Las Vegas.....................................................                $34,801

Investigator, Las Vegas......................................................                  20,297

Deputy (1/2 time).................................................................                  14,234

Deputy (1/2 time).................................................................                  12,450

Supervising legal stenographer.......................................                  13,863

       (c) Highway legal counsel

Chief counsel........................................................................                $31,447

Assistant chief counsel.......................................................                  29,923

Deputy....................................................................................                  29,551

Deputy....................................................................................                  27,597

Deputy....................................................................................                  25,154

Deputy (two positions) each..............................................                  22,713

Deputy....................................................................................                  20,271

Legal research assistant (two positions) each...............                  14,906

       (d) Agency deputies

Supervising deputy, gaming..............................................                $32,970

Deputy, human resources...................................................                  28,200

Deputy, gaming control board (two positions) each....                  30,820

Supervising deputy, welfare..............................................                  30,405


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

ê1979 Statutes of Nevada, Page 1709 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                         Title or Position                                                                        Annual Salary

Deputy (taxicab, equal rights)..........................................                $29,200

Deputy, conservation..........................................................                  29,500

Deputy, public service commission..................................                  28,700

Deputy, welfare....................................................................                  28,700

Deputy, gaming commission..............................................                  28,700

Deputy, commerce................................................................                  28,700

Deputy, motor vehicle.........................................................                  28,700

Deputy, department of taxation........................................                  28,700

Deputy, insurance................................................................                  27,700

Deputy, gaming commission..............................................                  27,700

Deputy, administration and general services................                  27,700

Deputy, environmental protection...................................                  27,700

Deputy, public service commission..................................                  27,700

Deputy, housing division...................................................                  26,500

Deputy, water resources.....................................................                  26,500

Deputy, welfare....................................................................                  26,500

Deputy, prison......................................................................                  26,500

Deputy, consumer affairs...................................................                  26,500

Deputy, motor vehicles.......................................................                  26,500

Deputy, department of taxation........................................                  25,000

Deputy, mental hygiene and mental retardation division                             25,000

Deputy, welfare....................................................................                  25,000

Deputy, real estate division...............................................                  25,000

Deputy, welfare....................................................................                  22,713

Deputy, Colorado River commission...............................                  31,200

Deputy, Colorado River commission (1/2 time).............              16,000**

Deputy, gaming control board (1/2 time).......................                  12,450

3.  Control of gaming:

Chairman, gaming control board....................................                $40,000

Member, gaming control board (two positions) each..                  38,000

Chief, investigations...........................................................                  30,000

Chief, enforcement..............................................................                  30,000

Chief, audit...........................................................................                  30,000

Chief, economic research and securities........................                  29,000

Chief, tax and license.........................................................                  29,000

Executive secretary, gaming commission........................                  27,000

Systems analyst....................................................................                  26,000

Electronics engineer...........................................................                  26,000

Coordinator, applicant services.......................................                  24,500

Chief deputy, enforcement (two positions) each...........                  24,500

Chief deputy, audit (two positions) each........................                  24,500

Hearing officer, gaming.....................................................                  24,200

Chief deputy, investigations (two positions) each........                  24,500

Training officer....................................................................                  24,000

Business manager, office services....................................                  24,000

Financial analyst, office services (two positions) each                                 24,000

**Position becomes full-time beginning July 1, 1980, with approximate annual salary of $33,600.


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

ê1979 Statutes of Nevada, Page 1710 (Chapter 672, SB 586)ê

 

                                                                                                                                Approximate

                         Title or Position                                                                        Annual Salary

Supervisor, investigations.................................................                $23,500

Supervisor, audit (four positions) each...........................                  23,500

Management analyst, gaming...........................................                  23,500

Securities analyst, gaming.................................................                  23,500

Personnel officer.................................................................                  23,500

Senior agent, investigation (four positions)A each......                  22,750

Senior agent, audit (twelve positions)B each................                  22,500

Deputy chief, tax and license............................................                  22,500

Electronics specialist..........................................................                  22,500

Senior agent, enforcement (eight positions)C each......                  22,000

Intelligence specialist, investigations.............................                  22,750

Agent II, financial investigations (eight positions)D each                            21,000

Agent II, audit (twenty-two positions)E each.................                  20,800

Agent II, background investigations (eight positions)F each                       21,000

Agent II, enforcement (seventeen positions)G each......                  20,250

Senior agent, tax and license............................................                  19,500

Agent I, financial investigations (eleven positions)H each                           19,500

Agent I, background investigations (eight positions)I each                         19,500

Agent I, enforcement (twenty-one positions)J each......                  19,500

Electronics technician, enforcement...............................                  18,600

Agent I, audit (thirty-one positions)K each....................                  18,500

Agent I, tax and license (two positions) each.................                  16,500

Legal researcher, gaming..................................................                  15,000

Statistician, gaming............................................................                  15,000

4.  Supreme Court:

Supervisory staff attorney..................................................                $32,677

Deputy supervisory staff attorney....................................                  26,030

Clerk.......................................................................................                  28,745

Law clerk (six positions).....................................................                  17,000

Staff attorney (three positions).........................................                  23,700

Court administrator............................................................                  28,673

Deputy court administrator...............................................                  27,350

Law librarian.......................................................................                  23,850

 

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the state board of examiners, for the fiscal period beginning January

A5 positions beginning July 1, 1980

B14 positions beginning July 1, 1980

C9 positions beginning July 1, 1980

D10 positions beginning July 1, 1980

E26 positions beginning July 1, 1980

F9 positions beginning July 1, 1980

G19 positions beginning July 1, 1980

H12 positions beginning July 1, 1980

I10 positions beginning July 1, 1980

J23 positions beginning July 1, 1980

K33 positions beginning July 1, 1980 1, 1979, and ending June 30, 1979, the sum of $222,900, for the purpose of meeting any deficiencies which may be created between appropriated money of the respective departments, commissions and agencies of the State of Nevada as fixed by the 59th session of the legislature and the salary requirements of current unclassified personnel of such departments, commissions and agencies approved by the 60th session of the legislature, to become effective January 1, 1979.


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

ê1979 Statutes of Nevada, Page 1711 (Chapter 672, SB 586)ê

 

1, 1979, and ending June 30, 1979, the sum of $222,900, for the purpose of meeting any deficiencies which may be created between appropriated money of the respective departments, commissions and agencies of the State of Nevada as fixed by the 59th session of the legislature and the salary requirements of current unclassified personnel of such departments, commissions and agencies approved by the 60th session of the legislature, to become effective January 1, 1979. Employees whose positions are abolished effective July 1, 1979, are entitled to the retroactive pay adjustment between January 1, 1979, and June 30, 1979, inclusive.

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 60th session of the legislature.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning January 1, 1980, and ending June 30, 1980, the sum of $195,845, and for the fiscal period beginning July 1, 1980, and ending June 30, 1981, the sum of $392,398, for the purpose of providing a maximum 5.5-percent salary adjustment for unclassified employees based on the movement of the National Consumer Price Index, to take effect January 1, 1980, and to be effective through June 30, 1981. The percentage increase shall be determined by using the National Consumer Price Index, published by the Bureau of Labor Statistics, United States Department of Labor, for the months of October 1978 through September 1979, not to exceed 5.5 percent.

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 60th session of the legislature.

      Sec. 5.  1.  There is hereby appropriated from the state highway fund to the state board of examiners, for the fiscal period beginning January 1, 1979, and ending June 30, 1979, the sum of $11,889, for the purpose of meeting any deficiencies which may exist between appropriated money for salaries for current unclassified employees in the department of motor vehicles and appropriate current employees of the attorney general’s office and the public service commission of Nevada as fixed by the 59th session of the legislature and the requirements of current unclassified personnel of the department of motor vehicles and appropriate current unclassified employees of the attorney general’s office and the public service commission of Nevada necessary to effect salary increases for current unclassified employees as approved by the 60th session of the legislature, to become effective January 1, 1979. Employees whose positions are abolished effective July 1, 1979, are entitled to the retroactive pay adjustment between January 1, 1979, and June 30, 1979, inclusive.

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and the attorney general’s office and the public service commission of Nevada out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available equals the amounts of money required to meet and pay the salary needs of current unclassified employees of the department of motor vehicles and appropriate current unclassified employees of the attorney general’s office and the public service commission of Nevada required as a result of salary recommendations approved by the 60th session of the legislature.


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

ê1979 Statutes of Nevada, Page 1712 (Chapter 672, SB 586)ê

 

director of the department of administration, may allocate and disburse to the department of motor vehicles and the attorney general’s office and the public service commission of Nevada out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available equals the amounts of money required to meet and pay the salary needs of current unclassified employees of the department of motor vehicles and appropriate current unclassified employees of the attorney general’s office and the public service commission of Nevada required as a result of salary recommendations approved by the 60th session of the legislature.

      Sec. 6.  1.  There is hereby appropriated from the state highway fund to the state board of examiners, for the fiscal period beginning January 1, 1980, and ending June 30, 1980, the sum of $10,135, and for the fiscal period beginning July 1, 1980, and ending June 30, 1981, the sum of $20,306, for the purpose of providing a maximum 5.5-percent salary adjustment for unclassified employees in the department of motor vehicles and appropriate employees of the attorney general’s office and the public service commission of Nevada, based on the movement of the National Consumer Price Index, to take effect January 1, 1980, and to be effective through June 30, 1981. The percentage increase must be determined by using the National Consumer Price Index, published by the Buerau of Labor Statistics, United States Department of Labor, for the months of October 1978 through September 1979, not to exceed 5.5 percent.

      2.  The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and the attorney general’s office and the public service commission of Nevada out of money appropriated by subsection 1 such sums of money as from time to time may be required, which when added to money otherwise appropriated or available equals the amounts of money required to meet and pay the salary needs of unclassified employees of the attorney general’s office and the public service commission of Nevada required as a result of salary recommendations approved by the 60th session of the legislature.

      Sec. 7.  There is hereby appropriated from the state general fund, for each of the fiscal years 1979-80 and 1980-81, the sum of $50,000 to the state gaming control board. With the concurrence of the interim finance committee, the chairman of the board may augment the salary of any position of positions as limited by subsection 3 of NRS 284.182 if for the position whose salary is augmented the board is experiencing substantial difficulty:

      1.  In filling the position; or

      2.  In retaining qualified and experienced employees.

      Sec. 8.  this act shall become effective upon passage and approval and shall operate retroactively from January 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1713ê

 

CHAPTER 673, SB 591

Senate Bill No. 591–Senator Gibson

CHAPTER 673

AN ACT to conform by technical changes various provisions of bills of the 60th session with Senate Bills 120 and 294 and Assembly Bill 389 of that session.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  Section 39 of Senate Bill No. 9 of the 60th session of the Nevada legislature is hereby repealed.

      Sec. 1.3.  Section 89 of Senate Bill No. 9 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 89.  NRS 205.380 is hereby amended to read as follows:

       205.380  1.  Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

       (a) If the value of the thing so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done.

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

       2.  For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received stops payment on that instrument and fails to return or offer to return the property in that condition within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.

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

       4.  A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal branch office of every bank and in every place of business in which retail selling is conducted.

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

      1.  If the value of the property so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.


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

ê1979 Statutes of Nevada, Page 1714 (Chapter 673, SB 591)ê

 

was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

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

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

 

      Sec. 1.5.  Section 242 of Senate Bill No. 9 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 242.  Sections 38, 49, 51, 53, 79, 85, 89, 131 and 241 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 2.  Section 2 of the Assembly Bill No. 366 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       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 or map of division into large parcels, until the required map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, sections 11 to 15, inclusive, of [this act,] Senate Bill No. 120 of the 60th session of the Nevada legislature, 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, and sections 11 to 15, inclusive, of [this act] Senate Bill No. 120 of the 60th session of the Nevada legislature is located to restrain or enjoin any attempted or proposed division or [sale] transfer in violation of those sections.

 

      Sec. 3.  Sections 14 and 22 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 14.  NRS 119.120 is hereby amended to read as follows:

       119.120  1.  The provisions of this chapter do not apply, unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C.


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

ê1979 Statutes of Nevada, Page 1715 (Chapter 673, SB 591)ê

 

the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, [upon notification to the division by the person electing to be exempt under this subsection,] to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:

       (a) By a purchaser of any subdivision lot, parcel, interest or unit thereof for his own account in a single or isolated transaction.

       (b) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is more than 80 acres in size. For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision [shall] must be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.

       (c) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is 40 acres or more, including roadways and easements, but not more than 80 acres in size, [so long as the form and content of the advertising to be used is filed and approved in compliance with subsection 7 of NRS 119.180,] but the disclosure required by section 16 of [this act] Senate Bill No. 120 of the 60th session of the Nevada legislature must be made. The size of undivided interests [shall] must be computed as provided in paragraph (b) of this subsection.

       (d) To any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition.

       (e) By any person licensed in the State of Nevada to construct residential buildings and where such land being offered or disposed of is to include a residential building when disposition is completed.

       (f) Pursuant to the order of any court of this state.

       (g) By any government or government agency.

       (h) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.

       (i) To securities or units of interest issued by an investment trust regulated under the laws of this state. [, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.]

       (j) To cemetery lots.

       2.  Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter does not apply to the sale or lease of real estate which is free and clear of all liens, encumbrances and adverse claims if each and every purchaser or his or her spouse has personally inspected the lot which he purchased and if the developer executes a written affirmation to that effect to be made a matter of record. [in accordance with regulations of the division.] As used in this subsection, the terms “liens,” “encumbrances” and “adverse claims” are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.


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

ê1979 Statutes of Nevada, Page 1716 (Chapter 673, SB 591)ê

 

claims” are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.

       3.  [The division may from time to time, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to such subdivision or lots, parcels, units or interests is not necessary in the public interest and for the protection of purchasers.

       4.  Any subdivision which has been registered under the Interstate Lands Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, is subject to all of the requirements of this chapter, except that such subdivision may file with the division a copy of an effective statement of record filed with the Secretary of Housing and Urban Development. To the extent that the information contained in the effective statement of record provides the division with information required under this chapter, the effective statement of record may substitute for information otherwise required under this chapter.

       5.] An exemption pursuant to this chapter is not an exemption from the provisions of NRS 278.010 to 278.630, inclusive.

       Sec. 22.  NRS 278.630 is hereby amended to read as follows:

       278.630  1.  When there is no final map, parcel map or map of division into large parcels as required by the provisions of NRS 278.010 to 278.630, inclusive, then the county assessor shall determine, as lands are placed upon the tax roll and maps of the county assessor’s office, any apparent discrepancies with respect to the provisions of NRS 278.010 to 278.630, inclusive, and sections 11 to 15, inclusive, of [this act,] Senate Bill No. 120 of the 60th session of the Nevada legislature, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.

       2.  Upon receipt of the report the governing body shall cause an investigation to be made by the district attorney’s office, when such lands are within an unincorporated area, or by the city attorney when within a city, the county recorder [,] and any planning commission having jurisdiction over the lands in question. [, and the real estate division of the department of commerce.]

       3.  If the report shows evidence of violation of the provisions of NRS 278.010 to 278.630, inclusive, and sections 11 to 15, inclusive, of [this act] Senate Bill No. 120 of the 60th session of the Nevada legislature with respect to the division of lands or upon the filing of a verified complaint by any municipality or other political subdivision or person, firm or corporation with respect to violation of the provisions of those sections, the district attorney of each county in this state shall prosecute all such violations in respective counties in which the violations occur.


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

ê1979 Statutes of Nevada, Page 1717 (Chapter 673, SB 591)ê

 

      Sec. 4.  Section 21 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby repealed.

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

 

________

 

 

CHAPTER 674, AB 17

Assembly Bill No. 17–Assemblymen Dini and Getto

CHAPTER 674

AN ACT relating to public utility regulation; requiring the commission to adopt regulations providing a simplified procedure for changes of rates of small suppliers of water or sewer service, or both; and providing other matters properly relating thereto.

 

[Approved June 5, 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:

      The commission shall adopt regulations which provide a simplified procedure for a change of rates for those public utilities which furnish water or sewer service, or both, to persons within this state for compensation, and which:

      1.  Serve 1,200 persons or less;

      2.  Had during the immediately preceding 12-month period, gross sales for water or sewer service, or both, amounting to $150,000 or less; and

      3.  Do not own or control any other business entity furnishing water or sewer service, or both, within this state.

      Sec. 2.  NRS 704.030 is hereby amended to read as follows:

      704.030  “Public utility,” as used in this chapter, [shall] does not include:

      1.  Corporations, [companies, individuals,] partnerships, sole proprietorships, associations of [individuals,] natural persons, their lessees, trustees or receivers (appointed by any court whatsoever) insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of [the State of Nevada.] this state.

      2.  Corporations, [companies, individuals] partnerships, sole proprietorships or associations of [individuals] natural persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission [thereof] of natural gas other than as a common carrier transmission or distribution line or system.

      3.  Corporations, cooperatives, nonprofit corporations or associations, [companies, individuals,] partnerships, sole proprietorships, associations of [individuals,] natural persons, their lessees, trustees or receivers appointed by any court whatsoever, engaged in the business of furnishing, for compensation, water or sewer services, or water and sewer services, to persons within this state if:

 


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

ê1979 Statutes of Nevada, Page 1718 (Chapter 674, AB 17)ê

 

receivers appointed by any court whatsoever, engaged in the business of furnishing, for compensation, water or sewer services, or water and sewer services, to persons within this state if:

      (a) They serve 25 persons or less; or

      (b) Their gross sales for water or sewer services, or water and sewer services, amounted to [$11,000] $5,000 or less during the immediately preceding 12 months [; and

      (c) They] ,

and in either case they do not own or control any other such business entity furnishing water or sewer service or water and sewer service within this state.

      4.  Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.

      5.  Corporations or other persons not normally engaged in water production and sales and which sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.

[Nothing contained in this section shall prohibit any commissioner or commission personnel authorized by the commission from examining at any time during regular business hours the books, accounts, records, minutes and papers of any corporation, cooperative, nonprofit corporation, or association, company, individual or association of individuals, referred to in subsection 3, or their lessees, trustees or receivers, to determine whether or not an exemption is in order under the provisions of subsection 3.]

The commission may by subpena require any person claiming to be exempt from regulation by reason of this section, to appear before it with all of his relevant books, papers and records, and to testify concerning the scope, nature and conduct of his business.

      Sec. 3.  NRS 704.100 is hereby amended to read as follows:

      704.100  Except as may otherwise be provided by the commission pursuant to section 1 of this act:

      1.  No changes [shall] may be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any [and all] rates or charges, except upon 30 days’ notice to the commission, and all [such] changes [shall] must be plainly indicated, or by filing new schedules in lieu thereof 30 days [prior to] before the time the [same] schedules are to take effect. The commission, upon application of any public utility, may prescribe a less time within which a reduction may be made.

      2.  Copies of all new or amended schedules [shall] must be filed and posted in the stations and offices of public utilities as in the case of original schedules.

      3.  Except as provided in subsection 4, the commission shall not consider an application by a public utility if the justification for the new schedule includes any items of expense or rate base which are set forth as justification in a pending application, are the subject of pending litigation, or have been considered and disallowed by the commission or a district court.


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

ê1979 Statutes of Nevada, Page 1719 (Chapter 674, AB 17)ê

 

as justification in a pending application, are the subject of pending litigation, or have been considered and disallowed by the commission or a district court.

      4.  A public utility may set forth as justification for a rate increase items of expense or rate base which have been considered and disallowed by the commission, only if those items are clearly identified in the application and new facts or policy considerations for each item are advanced in the application to justify a reversal of the commission’s prior decision.

      5.  If the commission receives an application that is within the prohibition of subsection 3, it shall, within 30 days, notify the public utility that the application is dismissed.

      6.  The commission shall determine whether a hearing [shall] must be held when the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.

      7.  In making [such] the determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.

      Sec. 4.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as may otherwise be provided by the commission pursuant to section 1 of this act:

      1.  Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility, enter upon an investigation or, upon reasonable notice, enter upon a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.

      2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

      3.  Whenever there is filed with the commission any schedule stating an increased individual or joint rate, fare or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12-month period. During any hearing concerning the increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the most recent 12 consecutive months for which data are available at the time of filing, adjusted for any increased investment in facilities, increased depreciation expenses, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of the actual 12-month results of operations; but no new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission.


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

ê1979 Statutes of Nevada, Page 1720 (Chapter 674, AB 17)ê

 

in support of the increased rates, fares or charges based upon actual recorded results of operations for the most recent 12 consecutive months for which data are available at the time of filing, adjusted for any increased investment in facilities, increased depreciation expenses, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of the actual 12-month results of operations; but no new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission may also consider evidence supporting depreciation expenses, calculated on an annual basis, applicable to major electric generating plant units placed into service during the recorded test period or the certification period as set forth in the application. Within 90 days after the filing with the commission of the certification required herein, or before the expiration of any suspension period ordered [herein] pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates, fares or charges as may be required by this chapter.

      4.  After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

      5.  Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with commission regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.

      6.  Except as provided in subsection 7, whenever an application for an increased rate, fare or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another application until all pending applications for rate increases submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.

      7.  A public utility may not file an application to recover the increased cost of purchased fuel, purchased power or natural gas purchased for resale more often than once every 30 days.


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

ê1979 Statutes of Nevada, Page 1721 (Chapter 674, AB 17)ê

 

increased cost of purchased fuel, purchased power or natural gas purchased for resale more often than once every 30 days.

      Sec. 5.  This act shall become effective on January 1, 1980.

 

________

 

 

CHAPTER 675, AB 27

Assembly Bill No. 27–Assemblyman Banner

CHAPTER 675

AN ACT relating to industrial insurance; establishing an advisory board to review the functioning of the Nevada industrial commission; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  1.  An advisory board of review for the Nevada industrial commission, consisting of nine members, is hereby created.

      2.  The governor shall appoint:

      (a) Three members who are representatives of organized labor.

      (b) Three members who are representatives of management.

      (c) Three members who are representatives of the general public.

These members serve at the pleasure of the governor, but he shall not remove more than three members during any period of 12 months, except for malfeasance, misfeasance or nonfeasance in office.

      3.  The members must have such experience, background and ability as is appropriate to perform the duties imposed on the board by this act. The board shall elect a chairman, a vice chairman and a secretary from among its members. Any vacancy on the board must be filled with a person who possesses the same qualifications.

      Sec. 2.  1.  The board shall meet once a month at a place and time designated by the chairman.

      2.  Each member of the board is entitled to be paid $80 for each day of actual attendance at a meeting of the board, but not for more than 40 days in a fiscal year, in addition to the subsistence allowances and travel expenses provided by law, all of which must be paid from the state insurance fund.

      3.  The attorney general shall appoint an attorney from his staff to be legal adviser for the board and to represent the board in any legal proceeding to which it is a party.

      4.  The Nevada industrial commission shall provide all secretarial and administrative services necessary for the board to carry out its duties under this act.

      5.  Except as provided by section 3 of this act, all necessary expenses incurred by the board must be paid from the state insurance fund.

      Sec. 3.  1.  Subject to approval by the state board of examiners, the board may contract for the services of:

      (a) An actuary in the field of industrial insurance.


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

ê1979 Statutes of Nevada, Page 1722 (Chapter 675, AB 27)ê

 

      (b) An investment counselor.

      (c) A counselor on the management and procedures of industrial insurance.

      (d) A counselor on treatment and rehabilitation.

      (e) Any other person having particular experience and knowledge which the board deems helpful to it in carrying out its duties under this act.

      2.  The Nevada industrial commission shall pay for all services contracted for under the provisions of subsection 1.

      Sec. 4.  The board shall inquire into and review:

      (a) The adequacy and effectiveness of the procedures, practices and policies of the Nevada industrial commission.

      (b) The policies governing the investment of money in the funds administered by the Nevada industrial commission and the return earned on that money.

      (c) The rates and levels of reserves and the policies governing the setting of rates and the setting of reserves.

      (d) The disposition of claims submitted to the Nevada industrial commission at all levels including hearings and appeals.

      (e) The adequacy of treatment and rehabilitation for claimants.

      (f) How the Jean Hanna Rehabilitation Center is staffed and used.

      (g) The use of contract services available within and outside of the state to provide treatment and rehabilitation and whether the use of services available outside of that state is preferable to the use of those services available within the state.

      (h) The occupational classifications established by the Nevada industrial commission.

      (i) The organizational structure of the Nevada industrial commission.

      (j) Any other matter the board deems appropriate.

      2.  The board shall make specific recommendations in writing based on its inquiry and review to:

      (a) The Nevada industrial commission.

      (b) The governor.

      (c) The legislative commission.

      (d) Any appropriate subcommittee of the legislative commission when the legislature is not in session.

      Sec. 5.  1.  The Nevada industrial commission shall within 30 days after receiving a recommendation reply in writing to the board indicating whether or not it will follow the recommendation. If the commission will follow the recommendation, it shall state in its reply when the recommendation will be put into effect. If the commission will not follow the recommendation, it shall state in its reply the reasons for that decision.

      2.  The Nevada industrial commission shall send copies of its reply to a recommendation to the governor, the legislative commission and any appropriate subcommittee of the legislative commission when the legislature is not in session.

      Sec. 6.  If the Nevada industrial commission fails to put into effect a recommendation of the advisory board of review, in whole or in part, the Nevada industrial commission must appear at the next meeting of the legislative commission to justify its failure to carry out the recommendation.


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

ê1979 Statutes of Nevada, Page 1723 (Chapter 675, AB 27)ê

 

the legislative commission to justify its failure to carry out the recommendation.

      Sec. 7.  The board is entitled to immediate and direct access to all books and records of the Nevada industrial commission for the purpose of carrying out the provisions of this act, except where the disclosure of the information is expressly prohibited by law. The commission shall, to the greatest extent possible, cooperate with and assist the board in carrying out its duties.

      Sec. 8.  The labor-management relations board created by executive order is hereby abolished and it may not be reestablished.

      Sec. 9.  1.  This act shall become effective upon passage and approval.

      2.  This act expires by limitation on July 1, 1981.

 

________

 

 

CHAPTER 676, AB 28

Assembly Bill No. 28–Assemblymen Robinson, Bremner and Mello

CHAPTER 676

AN ACT relating to municipal and justices’ courts; raising the monetary limit of their respective jurisdictions; authorizing garnishment in aid of execution of judgments of small claims courts; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Justices of the peace [shall be] are allowed the following fees:

      (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the [action.................................................................................       $7.00]

action:

If the sum claimed does not exceed $200.................................................. $5.00

If the sum claimed exceeds $300 but does not exceed $750................. 15.00

In all other civil actions............................................................................... 15.00

      (b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS...................................................................   5.00

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance [, if the appearance or answer is oral] :

If the sum claimed does not exceed $200..................................................   5.00

If the sum claimed exceeds $300 but does not exceed $750................. 10.00

In all other civil actions........................................................................ 10.00

For every additional defendant, appearing separately...........................   1.00


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

ê1979 Statutes of Nevada, Page 1724 (Chapter 676, AB 28)ê

 

      (d) No fee [shall] may be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention................................................ $2.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the [court, after the issuance of four such writs................................................................................. 1.00]

court.............................................................................................................................   5.00

      (g) For filing a notice of appeal, and appeal bonds......................................   1.00

      One charge only shall be made if both papers are filed at the same time.

      (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court           1.00

      (i) For preparation and transmittal of transcript and papers on appeal... 10.00

      (j) For taking depositions in actions or other matters not pending before the court, per folio      ................................................................................................. .35

      (k) For issuing a search warrant or commitment..........................................   1.00

      (l) For celebrating a marriage and returning the certificate to the county recorder           10.00

      (m) For entering judgment by confession, as in the district court..............         3.00

 

      2.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.

      Sec. 2.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Justices’ courts [shall] have jurisdiction of the following actions and proceedings:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$300.] $750.

      (b) In actions for damages for injury to the person, or for taking, detaining [,] or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or possession of the [same,] real property, if the damage claimed does not exceed [$300.] $750.

      (c) In actions for a fine, penalty [,] or forfeiture [,] not exceeding [$300,] $750, given by statute, or the ordinance of an incorporated or unincorporated city where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll [,] or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$300,] $750, though the penalty may exceed that sum.

      (e) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$300.] $750.


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

ê1979 Statutes of Nevada, Page 1725 (Chapter 676, AB 28)ê

 

      (f) In actions to recover the possession of personal property if the value of such property does not exceed [$300.] $750.

      (g) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$300.] $750.

      (h) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.

      (i) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceeding [shall] must be as prescribed by NRS upon that subject.

      (j) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$300.] $750.

      (k) Concurrent jurisdiction with the district courts of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$300.] $750.

      2.  The jurisdiction conferred by this section [shall] does not extend to civil actions [,] in which the title of real property or mining claims [,] or questions affecting the boundaries of land [,] are involved; and if questions of title to real property [be] are involved, cases involving such questions [shall] must be disposed of as provided in NRS.

      3.  Justices’ courts [shall] have jurisdiction of the following public offenses, committed within the respective counties in which courts are established:

      (a) Petit larceny.

      (b) Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill.

      (c) Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding $500, or imprisonment not exceeding 6 months, or by both such fine and imprisonment.

      4.  Except as provided in subsection 5, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada highway patrol pursuant to the duties prescribed by NRS 481.180, or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      Sec. 3.  NRS 18.020 is hereby amended to read as follows:

      18.020  Costs [shall] must be allowed of course to the prevailing party against any adverse party against whom judgment is rendered, in the following cases:

      1.  In an action for the recovery of real property.

      2.  In an action to recover the possession of personal property, where the value of the property amounts to [$300] $750 or over. The value [shall] must be determined by the jury, court or master by whom the action is tried.

      3.  In an action for the recovery of money or damages, where the plaintiff seeks to recover [$300] $750 or over.


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

ê1979 Statutes of Nevada, Page 1726 (Chapter 676, AB 28)ê

 

      4.  In a special proceeding.

      5.  In an action which involves the title or possession of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a justice’s court.

      Sec. 4.  NRS 18.050 is hereby amended to read as follows:

      18.050  In other actions than those mentioned in NRS 18.020, costs may be allowed or not, and if allowed may be apportioned between the parties, or on the same or adverse sides, in the discretion of the court, but no costs [shall] may be allowed in any action for the recovery of money or damages when the plaintiff recovers less than [$300,] $750, nor in any action to recover the possession of personal property when the value of the property is less than [$300; provided, that if,] $750. If, in the judgment of the court, the plaintiff believes he was justified in bringing the action in the district court, and he recovers at least [$150] $400 in money or damages, or personal property of that value, the court may, in its discretion, allow the plaintiff part or all of his costs.

      Sec. 5.  NRS 73.010 is hereby amended to read as follows:

      73.010  In all cases arising in the justice’s court for the recovery of money [,] only, where the amount claimed does not exceed [$300,] $750 and the defendant named is a resident of the township or city and county in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.

      Sec. 6.  NRS 73.020 is hereby amended to read as follows:

      73.020  No attachment or garnishment [shall] may issue before judgment in cases mentioned in this chapter, but execution, including garnishment in aid of execution as provided in NRS 21.120, may issue [in the manner prescribed by law,] as in other cases arising in the justice’s court.

      Sec. 7.  NRS 266.555 is hereby amended to read as follows:

      266.555  1.  The municipal court [shall have] has jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this chapter of a police or municipal nature, and shall hear, try and determine such cases in accordance with the provisions of such ordinances or of this chapter.

      2.  The municipal court [shall have] has jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or approbrious conduct, and of all offenses under ordinances of the city.

      3.  The municipal court [shall have] has jurisdiction of:

      (a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed [$300.] $750.

      (b) Actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments when the principal sum claimed does not exceed [$300.] $750.


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ê1979 Statutes of Nevada, Page 1727 (Chapter 676, AB 28)ê

 

      (c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the municipal court in any of the cases herein named, when the principal sum claimed does not exceed [$300.] $750.

      (d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed [$300.] $750.

      (e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorney’s fees, or both if allowed, does not exceed [$300.] $750.

      4.  Nothing contained in subsection 3 [shall be so construed as to give] gives the municipal court jurisdiction to determine any such cause when it [shall be made to appear] appears by the pleadings of the verified answer that the validity of any tax, assessment or levy, or title to real property [shall] is necessarily [be] an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices’ courts.

      Sec. 8.  NRS 361.540 is hereby amended to read as follows:

      361.540  1.  If, in any instance, the county assessor [shall be] is unable to find, seize and sell sufficient of the property of such person, persons, company or corporation to pay such taxes and costs of sale, and such person, persons, company or corporation [shall neglect or refuse] neglects or refuses to turn out to the county assessor property sufficient to pay such taxes and costs of sale, the county assessor shall, if the sum exceeds [$300,] $750, go before the district court or the judge thereof, at chambers, and in cases where the sum is [$300 and] $750 or less, then before a justice of the peace of the township wherein such person [may reside,] resides and make an affidavit of:

      (a) The fact of assessment.

      (b) The amount of taxes.

      (c) The inability to find and seize property sufficient to pay such taxes and costs of sale.

      (d) The fact of neglect or refusal to pay the [same,] taxes or turn out property sufficient to pay the [same] taxes and cost of sale.

      2.  On the filing of such affidavit, the court or judge, or justice of the peace, as the case may be, shall issue a citation ordering the person to appear forthwith, or at a subsequent period not to exceed 5 days, before such court, judge or justice of the peace to answer under oath concerning his property.

      3.  If it appears from the affidavit of the county assessor that such person owing such taxes is about to absent himself from the county or is about to convey his property with intent fraudulently to evade the payment of such taxes, the citation may direct the officer serving [the same] it to arrest such person and bring him before the court, judge or justice of the peace issuing the [same.] citation.

      4.  The citation may be served by the county assessor, sheriff or any constable of the county, and [shall] must be served by delivering a copy thereof to such person personally. For service under the provisions of this section, such fees [shall be] are allowed as for similar services in civil cases, to be collected only from persons owing such taxes.


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

ê1979 Statutes of Nevada, Page 1728 (Chapter 676, AB 28)ê

 

this section, such fees [shall be] are allowed as for similar services in civil cases, to be collected only from persons owing such taxes.

      5.  It is unlawful for any person served with the citation mentioned in this section to sell or transfer his property or effects, so as to defeat the collection of taxes or costs, or any part thereof. Any person violating the provisions of this subsection shall be punished by a fine not to exceed $200.

      6.  On the examination, if it [shall appear] appears that such person has any money, goods, chattels or effects, the judge or justice of the peace shall order sufficient thereof to be turned out to the county assessor to satisfy such taxes and costs of sale , and also costs of proceeding on the citation. In case of a willful neglect or refusal by such person either to obey the order of citation or the order to pay, or to turn out property as ordered, such person shall be deemed in contempt of such court, judge or justice of the peace, and may be proceeded against as in other cases of contempt in civil cases in the courts of justice in this state.

      7.  [Should] If the taxes [fail to] cannot be collected by such process, then no future liability [shall attach] attaches to the county assessor therefor.

      8.  In other respects than provided in this section, the proceedings under this section shall be conducted as provided in NRS 21.270 to 21.340, inclusive, regulating proceedings supplementary to execution.

      Sec. 9.  NRS 40.410 is hereby repealed.

      Sec. 10.  A board of county commissioners which has fixed the compensation of a justice of the peace to include the retention of his fees may by action taken on or before December 31, 1979:

      1.  Allow him to retain only that portion of his fees which corresponds to the respective amounts of those fees fixed by law before the passage and approval of this act;

      2.  Allow him to retain the new amounts fixed respectively for his fees by this act; or

      3.  Take either action authorized by subsections 1 and 2 and change the amount of any salary paid him, but not reduce his total compensation below the amount fixed before the beginning of his term.

      4.  Provide his compensation entirely by salary, without the retention of fees, but not reduce his total compensation below the amount fixed before the beginning of his term.

      Sec. 11.  Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1729ê

 

CHAPTER 677, AB 358

Assembly Bill No. 358–Assemblymen May, Price, Chaney, Hickey, Horn, Harmon, Sena, Mann, Fielding, Hayes, Bremner, Robinson, Getto, Craddock, Marvel and Bergevin

CHAPTER 677

AN ACT relating to constables; limiting the authority of the board of county commissioners of certain counties to abolish the office of constable; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 258.010 is hereby amended to read as follows:

      258.010  1.  Except as provided in subsections [2 and 3:] 2, 3 and 4:

      (a) Constables shall be elected by the qualified electors of their respective townships.

      (b) The constables of the several townships of the state shall be chosen at the general election of 1966, and shall enter upon the duties of their offices on the 1st Monday of January next succeeding their election, and shall hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.

      (c) Constables shall receive certificates of election from the boards of county commissioners of their respective counties.

      2.  In any county which includes but one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. Such a resolution shall not be effective until the completion of the term of office for which a constable may have been elected.

      3.  In all counties having a population of [more than 200,000 or] 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, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office of constable in [such one or more] those townships. For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to service without additional compensation.

      4.  In any county having a population of 200,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office in those townships, but the abolition does not become effective as to any particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection. For any township in which the office of constable has been abolished the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.

      Sec. 2.  Section 51 of chapter 338, Statutes of Nevada 1979, is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1730 (Chapter 677, AB 358)ê

 

       Sec. 51.  NRS 258.010 is hereby amended to read as follows:

       258.010  1.  Except as provided in subsections 2, 3 and 4:

       (a) Constables shall be elected by the qualified electors of their respective townships.

       (b) The constables of the several townships of the state shall be chosen at the general election of 1966, and shall enter upon the duties of their offices on the 1st Monday of January next succeeding their election, and shall hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.

       (c) Constables shall receive certificates of election from the boards of county commissioners of their respective counties.

       2.  In any county which includes but one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. [Such a] The resolution shall not [be] become effective until the completion of the term of office for which a constable may have been elected.

       3.  In all 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,] if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office of constable in those townships. For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.

       4.  In any county having a population of [200,000] 250,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office in those townships, but the abolition does not become effective as to any particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection. For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.

 

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

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1731ê

 

CHAPTER 678, AB 30

Assembly Bill No. 30–Assemblyman Barengo

CHAPTER 678

AN ACT relating to actions concerning persons; extending the provisions for the indemnification of public officers and employees; providing for their defense by insurance carriers; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 41.0337 is hereby amended to read as follows:

      41.0337  [1.] No tort action arising out of an act or omission within the scope of his public duties or employment may be brought against any officer or employee, or former officer or employee, of the state or of any political subdivision or against any state legislator or former state legislator unless the state or appropriate political subdivision is named a party defendant under NRS 41.031.

      [2.  The attorney general or, in the case of a political subdivision, the political subdivision shall provide for the defense, including the defense of cross-claims and counterclaims, of any officer or employee or former officer or employee of the state or political subdivision or against any state legislator or former state legislator in any civil action brought against such person in his official or individual capacity or both, if the person, within 10 days after a complaint has been filed against him, submits a written request for such defense:

      (a) In the case of an elected officer or an agency head who has no administrative superior, to the attorney general or chief legal officer or attorney of the political subdivision; or

      (b) In the case of any other officer or employee, to both his agency administrator and the attorney general or the chief legal officer or attorney of the political subdivision,

and the case is certified for such defense. An agency administrator who receives a written request pursuant to this section shall within 15 days after such receipt notify the attorney general or, in the case of an agency administrator of a political subdivision, the chief legal officer or the attorney of the political subdivision, whether it appears that the act or omission of the person was in good faith and in the scope of the person’s public duties or employment, and whether he certifies the case for defense. In cases where the written request for defense must be submitted directly to the attorney general or chief legal officer or the attorney of the political subdivision, that officer shall determine within 15 days after receipt of the request whether it appears that the act or omission was in good faith and in the scope of the person’s public duties or employment, and whether he certifies the case for defense. If the case is certified for defense, the attorney general or the chief legal officer or attorney of the political subdivision shall within 10 days determine whether his defense of the action would create a conflict of interest between the state or political subdivision and the person.

The initial written request extends the time to answer, move or otherwise plead to the complaint to 45 days after the date of service.


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

ê1979 Statutes of Nevada, Page 1732 (Chapter 678, AB 30)ê

 

      3.  The attorney general or the chief legal officer or attorney of the political subdivision shall notify the present or former officer, employee or legislator as promptly as possible of the decision with respect to the defense of his case so that the person may if necessary procure his own counsel and prepare his own defense. Until the decision is made the attorney general or the chief legal officer or attorney of the political subdivision shall appear in the action and move or plead on behalf of the person. Refusal of the state or political subdivision to defend is not admissible in evidence at trial or in any other proceeding.

      4.  The attorney general may employ special counsel whose compensation shall be fixed by the attorney general, subject to the approval of the state board of examiners, if he determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by him or one of his deputies. Compensation for special counsel shall be paid out of the reserve for statutory contingency fund.

      5.  The chief legal officer or attorney of a political subdivision may employ special counsel whose compensation shall be fixed by the governing body of the political subdivision if he determines that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by him. Compensation for special counsel shall be paid by the political subdivision.

      6.  If the attorney general or the chief legal officer or attorney of a political subdivision does not provide for the defense of a present or former officer or employee of the state, or political subdivision or of a legislator and it is judicially determined that the injuries arose out of an act or omission of that person during the performance of his duties and within the scope of his employment, and that his act or omission was not wanton or malicious:

      (a) If the attorney general was responsible for providing the defense, the state is liable to him for reasonable expenses in prosecuting his own defense, including court costs and attorney’s fees. These expenses shall be paid, upon approval by the state board of examiners, from the reserve for statutory contingency fund; or

      (b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to him for reasonable expenses in prosecuting his own defense, including court costs and attorney’s fees.

      7.  In every action or proceeding against an officer or employee, or former officer or employee of the state or any political subdivision or against any legislator or former legislator that results in a final judgment or other disposition, the court or jury shall return a special verdict in the form of written findings which determine:

      (a) Whether such officer, employee or legislator was acting within the scope of his public duties or employment; and

      (b) Whether the alleged act or omission by the officer, employee or legislator was wanton or malicious.

      8.  The state or appropriate political subdivision may not require a waiver of the attorney-client privilege as a condition of a defense pursuant to this section.


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

ê1979 Statutes of Nevada, Page 1733 (Chapter 678, AB 30)ê

 

      9.  The state or appropriate political subdivision shall indemnify the officer, employee or legislator or former officer, employee or legislator unless it establishes that he failed to cooperate in good faith in the defense of the action or that his conduct was wanton or malicious, in which event it is entitled to contribution from such person.]

      Sec. 2.  Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5 to 15, inclusive, of this act.

      Sec. 2.5  As used in sections 3 to 12 of this act, “official attorney” means:

      1.  The attorney general, in an action which involves a present or former legislator, officer or employee of this state or a present or former member of a state board or commission.

      2.  The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves a present or former officer or employee of that political subdivision or a present or former member of a local board or commission.

      Sec. 3.  The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any officer or employee, former officer or employee, member or former member of any official board or commission of the state or political subdivision or of any state legislator or former state legislator in any civil action brought against that person based on any alleged act or omission relating to his public duties if:

      1.  Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, he submits a written request for defense:

      (a) To the official attorney; or

      (b) If the officer or employee has an administrative superior, to the administrator of his agency and the official attorney; and

      2.  The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty and appears to have been performed or omitted in good faith.

      Sec. 4.  If the complaint is filed in a court of this state:

      1.  The officer, employee, board or commission member or legislator; and

      2.  The state or any political subdivision named as a party defendant,

each have 45 days after their respective dates of service to file an answer or other responsive pleading.

      Sec. 4.5.  1.  The official attorney shall determine as promptly as possible whether or not to tender the defense of the person submitting the request. Until the decision is made, the official attorney shall take appropriate action to defend or otherwise protect the time of the person submitting the request to file a responsive pleading.

      2.  In any case in which the official attorney determines not to defend, he shall give written notice to the person who requested the defense either:

      (a) Ten days before the date an answer or other responsive pleading must be filed with the court; or

      (b) If the defense has been commenced, 20 days before the time an application is made with the court to withdraw as the attorney of record in accordance with section 11 of this act.


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ê1979 Statutes of Nevada, Page 1734 (Chapter 678, AB 30)ê

 

application is made with the court to withdraw as the attorney of record in accordance with section 11 of this act.

      Sec. 5.  No fact pertaining to the arrangements or circumstances by which the state or political subdivision or any attorney thereof defends any person or does not do so is admissible in evidence at trial or in any other proceeding in the civil action in which that person is a defendant, except in connection with an application to withdraw as the attorney of record.

      Sec. 6.  The state or appropriate political subdivision may not require a waiver of the attorney-client privilege as a condition of tendering the defense of any of its officers or employees, but nothing in this section precludes an application to withdraw as the attorney of record.

      Sec. 7.  The attorney general may employ special counsel whose compensation must be fixed by the attorney general, subject to the approval of the state board of examiners, if the attorney general determines at any time prior to trial that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the attorney general or a deputy attorney general. Compensation for special counsel must be paid out of the reserve for statutory contingency fund.

      Sec. 8.  The chief legal officer or attorney of a political subdivision may employ special counsel whose compensation must be fixed by the governing body of the political subdivision if he determines at any time prior to trial that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by him. Compensation for special counsel must be paid by the political subdivision.

      Sec. 9.  The official attorney may provide for the defense of any person who is entitled to a defense from the state or a political subdivision by tendering the defense to an insurer who, pursuant to a contract of insurance, is authorized to defend the action.

      Sec. 10.  At any time after a written request for defense is submitted to the official attorney, the person requesting the defense may employ his own counsel to defend the action. At that time, the state or political subdivision is excused from any further duty to represent that person and is not liable for any expenses in defending the action, including court costs and attorney’s fees.

      Sec. 11.  1.  At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a public officer, employee, board or commission member or legislator, the official attorney may apply to any court to withdraw as the attorney of record for that person based upon:

      (a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;

      (b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;

      (c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;

      (d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or was wanton or malicious;

 


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

ê1979 Statutes of Nevada, Page 1735 (Chapter 678, AB 30)ê

 

which the civil action is based was not within the course and scope of public duty or was wanton or malicious;

      (e) Failure of the defendant to cooperate in good faith with the defense of the case; or

      (f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the state or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the defendant’s public duty.

      2.  If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the state or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.

      Sec. 12.  If the official attorney does not provide for the defense of a present or former officer, employee, board or commission member of the state or any political subdivision or of a legislator in any civil action in which the state or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arose out of an act or omission of that person during the performance of any duty within the course and scope of his public duty and that his act or omission was not wanton or malicious:

      1.  If the attorney general was responsible for providing the defense, the state is liable to that person for reasonable expenses in prosecuting his own defense, including court costs and attorney’s fees. These expenses must be paid, upon approval by the state board of examiners, from the reserve for statutory contingency fund; or

      2.  If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on his own defense, including court costs and attorney’s fees.

      Sec. 13.  No judgment may be entered against the State of Nevada or any agency of the state or against any political subdivision of the state for any act or omission of any present or former officer, employee, board or commission member or legislator which was outside the course and scope of his public duties or employment.

      Sec. 14.  In every action or proceeding in any court of this state in which both the state or political subdivision and any present or former officer, employee, board or commission member thereof or any present or former legislator are named defendants, the court or jury in rendering any final judgment, verdict, or other disposition shall return a special verdict in the form of written findings which determine whether:

      1.  The officer, employee, member of a board or commission or legislator was acting within the scope of his public duty; and

      2.  The alleged act or omission by the officer, employee, member of a board or commission or legislator was wanton or malicious.

      Sec. 15.  In any civil action brought against any officer or employee, former officer or employee, member or former member of a board or commission of the state or a political subdivision or any state legislator or former state legislator, in which a judgment is entered against the defendant based on any act or omission relating to his public duty, the state or political subdivision shall indemnify him unless:

 


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

ê1979 Statutes of Nevada, Page 1736 (Chapter 678, AB 30)ê

 

defendant based on any act or omission relating to his public duty, the state or political subdivision shall indemnify him unless:

      1.  The person failed to submit a timely request for a defense;

      2.  The person failed to cooperate in good faith in the defense of the action;

      3.  The act or omission of the person was not within the scope of his public duty; or

      4.  The act or omission of the person was wanton or malicious.

      Sec. 15.4.  NRS 41.035 is hereby amended to read as follows:

      41.035  1.  An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the state or any political subdivision or any state legislator or former state legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of [$35,000,] $50,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this state.

      (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph [shall] do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other waters owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.

      3.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort arising out of any act or omission within the scope of the public duties or employment of any officer or employee, or former officer or employee, of the state or of any political subdivision, or against any state legislator or former state legislator.

      Sec. 15.6  NRS 41.037 is hereby amended to read as follows:

      41.037  Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim or settle any action against the state, any of its agencies or any of its present or former officers, employees or legislators arising under NRS 41.031 to the extent of [$25,000,] $50,000, plus interest computed from the date of judgment. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same from the reserve for statutory contingency fund.


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

ê1979 Statutes of Nevada, Page 1737 (Chapter 678, AB 30)ê

 

reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim or settle any action against that subdivision or any of its present or former officers or employees arising under NRS 41.031 to the extent of [$25,000,] $50,000, plus interest computed from the date of entry of any judgment, and pay it from any funds appropriated or lawfully available for such purpose.

      Sec. 16.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The reserve for statutory contingency fund is hereby created as a trust fund.

      2.  The reserve for statutory contingency fund shall be administered by the state board of examiners, and the money in the fund [must] may be expended only for:

      (a) The payment of claims which are obligations of the state under NRS [41.0337.] 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 298.155, 353.120, 353.262, 412.154, [and] section 3 of [this act; and] Senate Bill No. 469 of the 60th session of the Nevada legislature and sections 7, 12 and 15 of this act; and

      (b) The payment of claims which are obligations of the state under NRS 7.125, 176.223, 177.345, 179.225, 213.153 and subsection 4 of NRS 361.055, but such claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.

      Sec. 17.  Section 16 of this act shall become effective at 12:02 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 679, AB 63

Assembly Bill No. 63–Assemblymen Mello, Price, May, Barengo, Dini, Bremner, Robinson, Polish, Hickey, Harmon, Rusk, Horn, Vergiels, Westall, Coulter, Mann, Webb, Malone, Marvel, Glover, Sena, Weise, Hayes, Craddock, Fielding, Prengaman, Rhoads, FitzPatrick, Jeffrey, Wagner, Bergevin and Getto

CHAPTER 679

AN ACT relating to gaming licensing and associated revenue; imposing an additional state tax on slot machines contingent upon the expiration of the federal tax on slot machines; revising the distribution of revenue from this source between the public schools and the state university; authorizing the issuance of bonds for certain projects supported in part from this revenue; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 463.372 is hereby amended to read as follows:

      463.372  For purposes of administering the quarterly state license fee imposed by NRS 463.373, [and] the annual state license fee imposed by NRS 463.375, [a slot machine means any device, contrivance or machine, otherwise fitting the description provided by NRS 463.0127, which was intended by manufacture or design to be played or operated by one person, notwithstanding the fact that any such device, contrivance or machine may have been installed in a licensed gaming establishment in conjunction with one or more like or similar devices, contrivances or machines for the purpose of affording one person an opportunity to play or operate any such combination.]


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ê1979 Statutes of Nevada, Page 1738 (Chapter 679, AB 63)ê

 

otherwise fitting the description provided by NRS 463.0127, which was intended by manufacture or design to be played or operated by one person, notwithstanding the fact that any such device, contrivance or machine may have been installed in a licensed gaming establishment in conjunction with one or more like or similar devices, contrivances or machines for the purpose of affording one person an opportunity to play or operate any such combination.] and the annual tax imposed by NRS 463.385, the commission shall prescribe by regulation the manner of counting slot machines whose operations are related to one another.

      Sec. 2.  NRS 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute for the payment of a state tax. If no credit is allowed, no tax is payable under this subsection.

      2.  The commission shall:

      (a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine.

      (b) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund and the [higher education] capital construction fund [,] for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in subsections 4 and 5.

      4.  Except as provided in subsection 6, during each fiscal year the state treasurer shall deposit the first $5 million of the tax paid over to him by the commission in the [higher education] capital construction fund [.] for higher education. When [requested by the board of regents of the University of Nevada,] specific projects are authorized by the legislature, money in the [higher education capital construction fund shall] fund must be transferred by the state controller and the state treasurer to the state public works board for the purpose [only] of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, “construction” includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. [Unless specifically directed by an act of the legislature concerning priorities of construction of specific projects with moneys in the higher education capital construction fund, the board of regents of the University of Nevada shall determine the order of priority and the needs of the University of Nevada System with respect to expenditures of available moneys in the higher education capital construction fund.] Any [moneys] money remaining in the higher education capital construction fund at the end of a fiscal year [shall] does not revert to the general fund in the state treasury but [shall remain] remains in the [higher education] capital construction fund for higher education for authorized expenditure.


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ê1979 Statutes of Nevada, Page 1739 (Chapter 679, AB 63)ê

 

      5.  Except as provided in subsection 6, during each fiscal year the state treasurer shall deposit all money in excess of the first $5 million of the tax paid over to him by the commission in the state distributive school fund to be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.

      6.  If the amount of any credit which is allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or any other federal statute for the payment of a state tax is increased after July 1, 1977, the amount of tax collected by the commission under this section which represents that increase [shall] must be paid over to the state treasurer for deposit to the credit of the special [higher education] capital construction fund [,] for higher education, which is hereby created in the state treasury, and expended only for the purposes specified in subsection 7.

      7.  The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special [higher education] capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities issued before or after July 1, 1979, to defray [costs of construction of specific projects.] in whole or in part of the costs of any capital project authorized by the legislature.

      Sec. 3.  NRS 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state [a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute for the payment of a state tax. If no credit is allowed, no tax is payable under this subsection.] an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

      2.  The commission shall:

      (a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine [.] for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

      (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

      (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund, [and] the capital construction fund for higher education [,] and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in [subsections 4 and 5.] this section.

      4.  [Except as provided in subsection 6, during] During each fiscal year the state treasurer shall deposit the [first $5 million of the] tax paid over to him by the commission as follows:


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ê1979 Statutes of Nevada, Page 1740 (Chapter 679, AB 63)ê

 

      (a) The first $5 million of the tax in the capital construction fund for higher education [.] ;

      (b) Twenty percent of the tax in the special capital construction fund for higher education; and

      (c) The remainder of the tax in the state distributive school fund.

      5.  When specific projects are authorized by the legislature, money in the [fund] capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the purpose of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, “construction” includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in [the higher education capital construction] either construction fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in [the capital construction fund for higher education] those funds for authorized expenditure.

      [5.  Except as provided in subsection 6, during each fiscal year the state treasurer shall deposit all money in excess of the first $5 million of the tax paid over to him by the commission]

      6.  The money deposited in the state distributive school fund [to] under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.

      [6.  If the amount of any credit which is allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or any other federal statute for the payment of a state tax is increased after July 1, 1977, the amount of tax collected by the commission under this section which represents that increase must be paid over to the state treasurer for deposit to the credit of the special capital construction fund for higher education, which is hereby created in the state treasury, and expended only for the purposes specified in subsection 7.]

      7.  The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities issued before or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.

      Sec. 4.  NRS 463.386 is hereby amended to read as follows:

      463.386  1.  If the securities of a corporate licensee are or become publicly held or publicly traded, the gaming operations of that corporation may be transferred to a wholly owned subsidiary corporation, if the subsidiary corporation applies for and obtains a license.

      2.  If the commission approves the issuance of a license to the wholly owned subsidiary corporation, all prepaid state gaming taxes and fees which are credited to the account of the parent corporation must be transferred and credited to the account of the subsidiary.

      3.  If a corporate gaming licensee is merged with another corporation, at least 80 percent of which is owned by shareholders of the former corporate licensee, and which is thereafter licensed at the same location within 30 days following the merger, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the merged corporate licensee shall be deemed to have been transferred to the surviving corporation and the previously licensed operation shall be deemed to be a continuing operation under the license of the surviving corporation.


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ê1979 Statutes of Nevada, Page 1741 (Chapter 679, AB 63)ê

 

at least 80 percent of which is owned by shareholders of the former corporate licensee, and which is thereafter licensed at the same location within 30 days following the merger, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the merged corporate licensee shall be deemed to have been transferred to the surviving corporation and the previously licensed operation shall be deemed to be a continuing operation under the license of the surviving corporation.

      4.  If a corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent [corporations,] corporation, 80 percent of which is owned by the parent corporation, is licensed at the same location within 30 days following the dissolution, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the dissolved corporate licensee shall be deemed to have been transferred to the parent corporation or subsidiary corporation of the parent corporation and the previously licensed operation shall be deemed to be a continuing operation under the other corporate license.

      5.  If a corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity and is licensed at the same location within 30 days after the effective date of the plan, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the former corporate licensee is deemed to have been transferred to the limited partnership and the previously licensed operation is deemed to be a continuing operation under the limited partnership.

      Sec. 5.  1.  The board of regents, on the behalf and in the name of the University of Nevada, shall, consistent with the provisions of the University Securities Law:

      (a) Finance the multipurpose pavilion project on the campus of the University of Nevada, Las Vegas, and defray in whole or in part the cost of that project by the issuance of bonds and other securities of the university in a total principal amount not to exceed $30,000,000 whose principal and interest are to be paid from the capital construction fund for higher education and the special capital construction fund for higher education.

      (b) Finance the multipurpose pavilion project on the campus of the University of Nevada, Reno, and defray in whole or in part the cost of that project by the issuance of bonds and other securities of the university in a total principal amount not to exceed $26,000,000 whose principal and interest are to be paid from the capital construction fund for higher education and the special capital construction fund for higher education.

      2.  The board of regents shall proceed with construction of the two pavilions concurrently, and shall, to the best of their ability, attempt to provide for the completion of the two pavilions at approximately the same time.

      3.  If bonds or other securities are issued pursuant to subsection 1, the faith of the state is hereby pledged that:

      (a) If section 3 of this amendatory act has become effective, the tax imposed thereby will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.


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ê1979 Statutes of Nevada, Page 1742 (Chapter 679, AB 63)ê

 

imposed thereby will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.

      (b) If section 2 of this amendatory act remains effective, the tax imposed thereby will not be permitted to decrease below the amount per slot machine which is collected on the effective date of this section, and if necessary the legislature will amend NRS 463.385 to impose that tax without reference to any credit allowed by federal law.

      Sec. 6.  Except as otherwise provided in sections 7 to 16, inclusive, of this act, terms used or referred to in sections 7 to 16, inclusive, of this act are as defined in the University Securities Law; but the terms defined in sections 7 to 11, inclusive, of this act, unless the context otherwise requires, have the meaning ascribed to them in those sections.

      Sec. 7.  “Net pledged revenues” means all the “pledged revenues,” as defined in sections 8, 9 and 10 of this act, without any deduction of any operation and maintenance expenses except as provided in such definition of “pledged revenues.”

      Sec. 8.  “Pledged revenues” means in connection with securities issued pursuant to this act to finance in part the project designated in paragraph (a) of subsection 2 of section 11 of this act:

      1.  The gross revenues derived from or otherwise pertaining to the operation of any one, all, or other combination of facilities of the types of income-producing facilities designated in NRS 396.828 and situate on the campuses of the universities known as the University of Nevada, Reno, and the University of Nevada, Las Vegas, which revenues the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of the securities, after the deduction of the operation and maintenance expenses of those facilities pertaining to such pledged revenues;

      2.  The gross revenues derived from the imposition and collection of the student fees payable by the students attending those two universities and designated by the new section added to chapter 396 of NRS by section 1 of chapter 264, Statutes of Nevada 1979, subject to the limitation provided in subsection 5 of NRS 396.840 as amended by chapter 264; and

      3.  Commencing with the fiscal year beginning on July 1, 1979, the moneys credited to the capital construction fund for higher education by sections 2 and 3 of this act.

      Sec. 9.  “Pledged revenues” means, in connection with securities issued pursuant to this act to finance in part the project, designated in paragraph (6) of subsection 2 of section 11 of this act, the gross revenues derived from the imposition and collection of the student fees payable by the students attending the community colleges within the community college division of the University of Nevada System and designated respectively as the capital improvement fee and, subject to the limitation provided in subsection 5 of NRS 396.840, as amended by chapter 264, Statutes of Nevada 1979, the general fund fee.

      Sec. 10.  1.  “Pledged revenues” includes, in connection with students attending the two universities or the community colleges, as the case may be, any student fees authorized by law after the effective date of this section, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operation of income-producing facilities of the university or the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this section.


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ê1979 Statutes of Nevada, Page 1743 (Chapter 679, AB 63)ê

 

section, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operation of income-producing facilities of the university or the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this section.

      2.  “Pledged revenues” indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualification.

      Sec. 11.  1.  “Project” means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on various campuses of the University of Nevada System, as delineated and described in subsection 2, equipment and furnishings therefor, and other appurtenances relating thereto.

      2.  The project consists of:

      (a) The business and hotel administration building, phase I, University of Nevada, Las Vegas.

      (b) The learning resources center, Clark County Community College.

      Sec. 12.  1.  The board, on behalf and in the name of the university, is authorized by sections 6 to 16, inclusive, of this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project at the University of Nevada, Las Vegas, by an expenditure of not to exceed $11,786,000; and to defray in part the cost of the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $2,000,000;

      (b) To finance the project at the Clark County Community College by an expenditure of not to exceed $3,786,000 and to defray in part the cost of the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $2,200,000.

      (c) To issue such bonds and other securities in connection with the projects in one series or more at any time or from time to time but not after 5 years from the effective date of this section, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and pertaining to each project and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraphs (a) and (b);

      (d) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by sections 6 to 16, inclusive, of this act; and

      (e) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by sections 6 to 16, inclusive, of this act except as therein otherwise expressly provided.

      2.  This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.


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ê1979 Statutes of Nevada, Page 1744 (Chapter 679, AB 63)ê

 

      Sec. 13.  1.  All phases of the planning, design, construction and equipment of the projects as defined in section 11 of this act and referred to in sections 6 to 16, inclusive, of this act are subject to supervision by the state public works board in accordance with the provisions of chapter 341 of NRS.

      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 acquire the respective facilities resulting from each project and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such facilities.

      3.  All work authorized by this act must be approved by the state public works board, and each contract document pertaining to each subproject must be approved by the attorney general.

      4.  The state public works board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for sealed bids for each project. Approved plans and specifications for each project must be on file at places and times stated in such advertisements 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 part or parts of such acquisition, and may let separate contracts for different and separate portions of each project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest bidder thereon, but any and all bids may be rejected for any good reason.

      Sec. 14.  The powers conferred by sections 6 to 16, inclusive, of this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in those sections or in the University Securities Law. Insofar as the provisions of sections 6 to 16, inclusive, of this act are inconsistent with the provisions of any other law, general or special, the provisions of those sections control.

      Sec. 15.  Sections 6 to 16, inclusive, of this act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.

      Sec. 16.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, including, without limitation, the provisions in subsection 3 of section 8 of this act for the inclusion of the money credited to the capital construction fund for higher education within the pledged revenues for the payment of securities to be issued to finance in part the project designated in paragraph (a) of subsection 2 of section 11 of this act, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.

      Sec. 17.  1.  There is hereby appropriated from the state general fund the sum of $5,500,000 to be used only as provided in this section. Any unused balance of this appropriation reverts to the state general fund on June 30, 1982.


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ê1979 Statutes of Nevada, Page 1745 (Chapter 679, AB 63)ê

 

      2.  If the revenues provided by sections 2 and 3 of this act are not sufficient to pay in full when due the principal and interest on the securities issued pursuant to section 5 of this act, the state controller shall transfer to the capital construction fund for higher education, from this appropriation, an amount sufficient to meet the deficiency.

      Sec. 18.  1.  Sections 1, 3 and 4 of this act shall become effective upon the expiration of the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute.

      2.  Sections 2, 5 and 17 of this act shall become effective on July 1, 1979.

      3.  This section and sections 6 to 16, inclusive, of this act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 680, AB 70

Assembly Bill No. 70–Assemblymen Hayes, Glover, Barengo, Jeffrey and Horn

CHAPTER 680

AN ACT relating to transportation; redesignating the “regional street and highway commission” as the “regional transportation commission,” vesting in the commission the authority to establish and operate regional systems of transportation and exempting the commission and counties under certain circumstances from the requirement of obtaining a certificate of public convenience and necessity; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 373.020 is hereby amended to read as follows:

      373.020  As used in this chapter, unless the context otherwise requires:

      1.  “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, herein authorized.

      2.  “Board” means the board of county commissioners.

      3.  “City” means an incorporated city or incorporated town.

      4.  “Commission” means the regional [street or highway] transportation commission.

      5.  “Cost of the project,” or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation of instruments, the costs of short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.


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ê1979 Statutes of Nevada, Page 1746 (Chapter 680, AB 70)ê

 

county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combination thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation of instruments, the costs of short-term financing, construction loans and other temporary loans of not exceeding 5 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

      6.  “Federal securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.

      7.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement (or any combination thereof) of any project, or an interest therein, herein authorized. “Improvement” or “improve” does not include renovation, reconditioning, patching, general maintenance or other minor repair.

      8.  “Project” means street and highway construction, including without limitation the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb custs, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.

      9.  “Town” means an unincorporated town or city.

      Sec. 2.  NRS 373.030 is hereby amended to read as follows:

      373.030  In any county for all or part of which a streets and highways plan has been adopted by the county or regional planning commission, the board may by ordinance:


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ê1979 Statutes of Nevada, Page 1747 (Chapter 680, AB 70)ê

 

      1.  Create a regional [street and highway] transportation commission; and

      2.  Impose a tax on motor vehicle fuel sold in the county of:

      (a) One cent or 2 cents per gallon.

      (b) In addition to the tax provided for in paragraph (a), 2 cents per gallon to be effective only if the tax is approved by a vote of the registered voters of the county upon a question which the board may submit to the voters at any election.

A tax imposed under this section is in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.

      Sec. 3.  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] transportation 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 other 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. 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 others 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.


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

ê1979 Statutes of Nevada, Page 1748 (Chapter 680, AB 70)ê

 

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. 4.  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 transportation 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. 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 others proposed by the same city or town; and

       (d) The availability of funds.


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

ê1979 Statutes of Nevada, Page 1749 (Chapter 680, AB 70)ê

 

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. 5.  NRS 408.200 is hereby amended to read as follows:

      408.200  1.  The engineer shall investigate and determine the methods of highway construction best adapted to the various sections of the state, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of road-building materials.

      2.  The engineer is authorized to construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.

      3.  The engineer may be consulted by county officials, including members of regional [street and highway] transportation commissions, having authority over streets and highways within their respective counties relative to any question involving such streets and highways; and the engineer may, in like manner, obtain from such county officials all such information or assistance as they may render in the performance of his duties with their county, and such county officials shall supply such information when requested by the engineer.

      Sec. 6.  NRS 706.401 is hereby amended to read as follows:

      706.401  An incorporated city [shall not be] , county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate [as common motor carrier of passengers.] a system of bus transportation consisting of regular routes and fixed schedules to serve the public.

      Sec. 7.  Chapter 710 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      A regional transportation commission may establish or operate a system of bus transportation consisting of regular routes and fixed schedules to serve the public.

      Sec. 8.  Section 6 of Senate Bill No. 583 of the 60th session of the Nevada legislature is hereby repealed.

      Sec. 9.  Sections 1, 2 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1750ê

 

CHAPTER 681, AB 75

Assembly Bill No. 75–Assemblymen Hayes, Glover, Horn, Barengo and Jeffrey

CHAPTER 681

AN ACT relating to transportation; providing the circumstances of an accident under which operators of motor carriers must submit reports to the public service commission of Nevada; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 706.251 is hereby amended to read as follows:

      706.251  1.  Every person operating a vehicle used by any motor carrier [vehicle] under the jurisdiction of the public service commission shall forthwith report each accident occurring on the public highway, wherein [such motor carrier] the vehicle may have injured the person or property of some person other than the person or persons or property carried by [such motor carrier] the vehicle, to the sheriff or other peace officer of the county where [such] the accident occurred. [and also to the commission, and if in any such accident a human being is fatally injured or killed,] If the accident immediately or proximately causes death, the person in charge of [such motor carrier] the vehicle, or any officer investigating [such] the accident, shall furnish to the commission such [additional] detailed report thereof [within such time and in such form] as required by the commission.

      2.  All accident reports required in this section shall be filed in the office of the commission and there preserved. [Notwithstanding any other provisions of law, neither any] An accident report made as required by this chapter, [nor] or any report of the commission made pursuant to any accident investigation made by it, [shall be] is not open to public inspection [or] and shall not be disclosed to any person, except upon order of the commission. [, nor shall either or any of the reports, or any portion thereof,] Such reports shall not be admitted as evidence or used for any purpose in any [suit or] action for damages growing out of any matter mentioned in the accident report or report of any such investigation.

 

________

 

 

CHAPTER 682, AB 85

Assembly Bill No. 85–Assemblymen Robinson, May and Barengo

CHAPTER 682

AN ACT relating to unclaimed property; adopting the Uniform Disposition of Unclaimed Property Act with modifications; establishing an abandoned property trust fund; providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 46, inclusive, of this act.


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

ê1979 Statutes of Nevada, Page 1751 (Chapter 682, AB 85)ê

 

      Sec. 2.  This chapter may be cited as the Uniform Disposition of Unclaimed Property Act.

      Sec. 3.  This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 4.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Banking organization” means any bank, trust company, savings bank or a private banker engaged in business in this state.

      Sec. 6.  “Business association” means any corporation (other than a public corporation), joint-stock company, business trust, partnership or any association for business purposes of two or more natural persons.

      Sec. 7.  “Department” means the department of commerce.

      Sec. 8.  “Director” means the director of the department.

      Sec. 9.  “Financial organization” means any savings and loan association, building and loan association, thrift company, credit union or investment company engaged in business in this state.

      Sec. 10.  “Holder” means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter.

      Sec. 11.  “Life insurance corporation” means any association or corporation transacting within this state the business of insurance on the lives of persons or insurance appertaining thereto, including but not by way of limitation, endowments and annuities.

      Sec. 12.  “Owner” means a depositor in case of a deposit, a beneficiary in case of a trust, a creditor, claimant or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his legal representative.

      Sec. 13.  “Person” means any natural person, business association, government or political subdivision, public corporation, public authority, estate, trust, two or more persons having a joint or common interest or any other legal or commercial entity.

      Sec. 14.  “Utility” means any person who owns or operates within this state for public use any plant, equipment, property, franchise or license for the transmission of communications or the production, storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas.

      Sec. 15.  The director shall carry out the provisions of this chapter and may adopt regulations appropriate for this purpose.

      Sec. 16.  The following property held or owing by a banking or financial organization or by a business association is presumed abandoned:

      1.  Any demand, savings or matured time deposit made in this state with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld, unless the owner has within 5 years in the case of a demand deposit or within 10 years in the case of a savings or matured time deposit:

      (a) Increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest;


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

ê1979 Statutes of Nevada, Page 1752 (Chapter 682, AB 85)ê

 

      (b) Corresponded in writing with the banking organization concerning the deposit; or

      (c) Otherwise indicated an interest in the deposit as evidenced by a memorandum on file with the banking organization.

      2.  Any money paid in this state toward the purchase of shares or other interest in a financial organization or any deposit made with such an organization in this state, and any interest or dividends thereon, excluding any charges that may lawfully be withheld, unless the owner has within 10 years:

      (a) Increased or decreased the amount of the funds or deposit, or presented an appropriate record for the crediting of interest or dividends;

      (b) Corresponded in writing with the financial organization concerning the funds or deposit; or

      (c) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum on file with the financial organization.

      3.  Any sum payable on a check certified in this state or on a written instrument issued in this state on which a banking or financial organization or business association is directly liable, including by way of illustration but not of limitation any certificate of deposit, draft or money order, which has been outstanding for more than 10 years from the date it was payable, or from the date of its issuance if payable on demand, or any sum payable on a traveler’s check which has been outstanding for more than 15 years from the date of its issuance, unless the owner has within the specified period corresponded in writing with the banking or financial organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.

      4.  Any money or other personal property, tangible or intangible, removed from a safe-deposit box or any other safekeeping repository in this state on which the lease or rental period has expired because of nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than 7 years from the date on which the lease or rental period expired.

      Sec. 17.  1.  A banking or financial organization shall not impose a charge upon a depositor’s account based on the dormancy of the account unless the organization has first mailed a notice of its intended charge to the depositor at his last-known address and has allowed him 60 days to respond.

      2.  The director may prescribe by regulation the highest rate of charge which a banking or financial organization may impose upon a dormant account.

      3.  In the absence of such a regulation, a banking or financial institution shall not impose a charge upon a dormant account of more than $5 per month.

      Sec. 18.  1.  Unclaimed money held and owing by a life insurance corporation is presumed abandoned if the last-known address, according to the records of the corporation, of the person entitled to the money is within this state. If a person other than the insured or annuitant is entitled to the money and no address of such person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the money, it is presumed that the last-known address of the person entitled to the money is the same as the last-known address of the insured or annuitant according to the records of the corporation.


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

ê1979 Statutes of Nevada, Page 1753 (Chapter 682, AB 85)ê

 

corporation or if it is not definite and certain from the records of the corporation what person is entitled to the money, it is presumed that the last-known address of the person entitled to the money is the same as the last-known address of the insured or annuitant according to the records of the corporation.

      2.  “Unclaimed money,” as used in this section, means all money held and owing by any life insurance corporation unclaimed and unpaid for more than 7 years after the money became due and payable as established from the records of the corporation under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured shall be deemed matured and the proceeds thereof deemed due and payable if the policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding 7 years:

      (a) Assigned, readjusted or paid premiums on the policy or subjected the policy to loan; or

      (b) Corresponded in writing with the life insurance corporation concerning the policy.

      3.  Money otherwise payable according to the records of the corporation shall be deemed due and payable although the policy or contract has not been surrendered as required.

      Sec. 19.  Any money held or owing by any utility is presumed abandoned if it is money deposited by a subscriber with a utility to secure payment for or to pay in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than 7 years after the termination of the services for which the deposit or advance payment was made.

      Sec. 20.  Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal or other sum held or owing by a business association for or to a shareholder, certificate holder, member, bondholder or other security holder, or a participating patron of a cooperative, who has not claimed it or corresponded in writing with the business association concerning it within 7 years after the date prescribed for payment or delivery, is presumed abandoned if:

      1.  It is held or owing by a business association organized under the laws of or created in this state; or

      2.  It is held or owing by a business association doing business in this state but not organized under the laws of or created in this state and the records of the business association indicate that the last-known address of the person entitled thereto is in this state.

      Sec. 21.  All intangible personal property distributable in the course of a voluntary dissolution of a business association, banking organization or financial organization organized under the laws of or created in this state that is unclaimed by the owner within 7 years after the date for final distribution is presumed abandoned.

      Sec. 22.  All intangible personal property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within 7 years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary:

 


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

ê1979 Statutes of Nevada, Page 1754 (Chapter 682, AB 85)ê

 

person is presumed abandoned unless the owner has, within 7 years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary:

      1.  If the property is held by a banking organization or a financial organization or by a business association organized under the laws of or created in this state;

      2.  If it is held by a business association doing business in this state but not organized under the laws of or created in this state and the records of the business association indicate that the last-known address of the person entitled thereto is in this state; or

      3.  If it is held in this state by any other person.

      Sec. 23.  All intangible personal property held for the owner by any court, public corporation, public authority or public officer of this state, or a political subdivision thereof, that has remained unclaimed by the owner for more than 7 years is presumed abandoned. This section does not apply to refunds held by the public service commission of Nevada pursuant to NRS 704.550 and 706.711.

      Sec. 24.  All intangible personal property not otherwise covered by this chapter, including any income or increment thereon and deducting any lawful charges, that is held or owing in this state in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than 7 years after it became payable or distributable is presumed abandoned.

      Sec. 25.  If specific property which is subject to the provisions of sections 16, 20, 21, 22 and 24 of this act is held for or owed or distributable to an owner whose last-known address is in another state by a holder who is subject to the jurisdiction of that state, the specific property is not presumed abandoned in this state and subject to this chapter if:

      1.  It may be claimed as abandoned or escheated under the laws of the other state; and

      2.  The laws of the other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by the other state when held for or owed or distributable to an owner whose last-known address is within this state by a holder who is subject to the jurisdiction of this state.

      Sec. 26.  1.  The director may enter into an agreement to provide information needed to enable another state to determine the existence of unclaimed property to which it may be entitled if the other state agrees to provide this state with information needed to enable this state to determine the existence of unclaimed property to which this state may be entitled. The director may, by regulation, require the reporting of information needed to enable him to comply with agreements made pursuant to this section and may, by regulation, prescribe the form, including verification, of the information to be reported and the times for filing the reports.

      2.  At the request of another state, the attorney general of this state may bring an action in the name of the other state, in any court of competent jurisdiction of this state or federal court within this state, to enforce the unclaimed property laws of the other state against a holder in this state of property to which the other state is entitled, if:

 


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

ê1979 Statutes of Nevada, Page 1755 (Chapter 682, AB 85)ê

 

enforce the unclaimed property laws of the other state against a holder in this state of property to which the other state is entitled, if:

      (a) The courts of the other state cannot obtain jurisdiction over the holder;

      (b) The other state has agreed to bring actions in the name of this state at the request of the attorney general of this state to enforce the provisions of this chapter against any person in the other state believed by the director to hold property to which this state is entitled, where the courts of this state cannot obtain jurisdiction over such person; and

      (c) The other state has agreed to pay reasonable costs incurred by the attorney general in bringing the action on its behalf.

      3.  If the director believes that a person in another state holds property to which this state is entitled under this chapter and the courts of this state cannot obtain jurisdiction over that person, the attorney general of this state may request an officer of the other state to bring an action in the name of this state to enforce the provisions of this chapter against such person. This state shall pay all reasonable costs incurred by the other state in any action brought under the authority of this section. The director may agree to pay to any state bringing such an action a reward not to exceed 15 percent of the value, after deducting reasonable costs, of any property recovered for this state as a direct or indirect result of the action. Any costs or rewards paid pursuant to this section must be paid from the abandoned property trust fund and must not be deducted from the amount that is subject to be claimed by the owner in accordance with this chapter.

      Sec. 27.  1.  Every person holding money or other property presumed abandoned under this chapter shall make a verified report to the department with respect to the property.

      2.  The report must include:

      (a) Except with respect to traveler’s checks and money orders, the name, if known, and last-known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $25 or more presumed abandoned under this chapter.

      (b) In case of unclaimed money held by a life insurance corporation, the full name of the insured or annuitant and his last-known address according to the corporation’s records.

      (c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $25 each may be reported in the aggregate.

      (d) The date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property.

      (e) Other information which the director prescribes by regulation as necessary for the administration of this chapter.

      3.  If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property.

      4.  The report must be filed before November 1 of each year for the preceding fiscal year ending June 30 except that the report of a life insurance corporation must be filed before May 1 of each year for the preceding calendar year.


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

ê1979 Statutes of Nevada, Page 1756 (Chapter 682, AB 85)ê

 

preceding fiscal year ending June 30 except that the report of a life insurance corporation must be filed before May 1 of each year for the preceding calendar year. The director may, in writing, postpone the reporting date upon written request by any person required to file a report.

      5.  Verification of the report, if made by a partnership, must be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public entity or corporation, but its chief fiscal officer.

      Sec. 28.  1.  If the holder of property presumed abandoned under this chapter knows the whereabouts of the owner and if the owner’s claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner.

      2.  The director may, by regulation, prescribe a form on which the owner may indicate his interest in maintaining the deposit, shares or account. If a form is so prescribed, the holder shall send the form to the owner not less than 6 nor more than 12 months before the time when the holder’s report is due. If the owner fills out, sign and returns the form to the holder, this action prevents abandonment from being presumed. The director may, by regulation, authorize the holder to impose a charge of not more than a prescribed amount upon the owner’s deposit, shares or account for the expense of mailing the form. In the absence of a regulation prescribing the maximum charge, the holder may impose a charge of not more than $2.

      Sec. 29.  The initial report filed under this chapter must include all items of property, except traveler’s checks, that would have been presumed abandoned if this chapter had been in effect during the 10-year period preceding its effective date, and all traveler’s checks that would have been presumed abandoned if this chapter had been in effect during the 15-year period, preceding its effective date.

      Sec. 30.  1.  Within 180 days after the filing of the report required by section 27 of this act, the director shall cause notice to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county in this state in which is located the last-known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has his principal place of business within this state.

      2.  The published notice must be entitled “Notice of Names of Persons Appearing To Be Owners of Abandoned Property,” and must contain:

      (a) The names in alphabetical order and last-known addresses, if any, of persons listed in the report and entitled to notice within the county.

      (b) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the department.


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

ê1979 Statutes of Nevada, Page 1757 (Chapter 682, AB 85)ê

 

obtained by any persons possessing an interest in the property by addressing an inquiry to the department.

      (c) A statement that if proof of claim is not presented by the owner to the holder and if the owner’s right to receive the property is not established to the holder’s satisfaction within 60 days after the date of the second published notice, the abandoned property will be placed not later than 80 days after such publication date in the custody of the department, to which all further claims must thereafter be directed.

      3.  The director is not required to publish in such notice any item valued at less than $25 unless he deems such publication to be in the public interest.

      Sec. 31.  1.  Within 180 days after receiving the report required by section 27 of this act, the director shall mail a notice to each person having an address listed therein who appears to be entitled to property of the value of $25 or more presumed abandoned under this chapter.

      2.  The mailed notice must contain:

      (a) A statement that, according to a report filed with the department, property is being held to which the addressee appears entitled.

      (b) The name and address of the person holding the property and any necessary information regarding changes of name and address of the holder.

      (c) A statement that if satisfactory proof of claim is not presented by the owner to the holder by the date specified in the published notice, the property will be placed in the custody of the department, to which all further claims must be directed.

      3.  This section is not applicable to sums payable on traveler’s checks or money orders presumed abandoned under section 16 of this act.

      Sec. 32.  Every person who has filed a report under section 27 of this act shall, within 20 days after the time specified in section 30 of this act for claiming the property from the holder or in the case of sums payable on traveler’s checks or money orders presumed abandoned under section 16 of this act, within 20 days after the filing of the report, pay or deliver to the department all abandoned property specified in this report, except that if an owner has established his right to receive any of the abandoned property to the holder’s satisfaction within the time specified in section 30 of this act or if it appears to the holder that for some other reason the presumption of abandonment is erroneous, such property will no longer be presumed abandoned and the holder need not pay or deliver it to the department but shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment.

      Sec. 33.  No service, handling, maintenance or other charge or fee may be deducted or withheld from any property subject to this chapter if, under the holder’s policy or practice, the holder would not have excluded, withheld or deducted such a charge or fee if the property had been claimed by the owner before it was paid or delivered to the department.

      Sec. 34.  1.  Upon the payment or delivery to it of abandoned property, the department shall assume custody of the property and is thereafter responsible for its safekeeping.


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

ê1979 Statutes of Nevada, Page 1758 (Chapter 682, AB 85)ê

 

      2.  Any person who pays or delivers abandoned property to the department under this chapter is relieved of all liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise or be made in respect to the property.

      3.  Any holder who has paid money to the department pursuant to this chapter may make payment to any person appearing to the holder to be entitled thereto, and if the holder files with the department proof of such payment and proof that the payee was entitled thereto, the department shall forthwith reimburse the holder for the payment, without charge. Where reimbursement is sought for a payment made on a negotiable instrument (including a traveler’s check or money order), the department shall reimburse the holder upon his filing proof that the instrument was duly presented to him and that payment was made thereon to a person who appeared to the holder to be entitled to payment.

      4.  If the holder pays or delivers property to the department in accordance with this chapter and thereafter any person claims the property from the holder, or another state claims the property from the holder under that state’s laws, the attorney general shall, upon written request of the holder, defend him against the claim and the director shall indemnify him against any liability on the claim.

      Sec. 35.  When property is paid or delivered to the department under this chapter, the owner is not entitled to receive income, interest or other increments accruing thereafter.

      Sec. 36.  The expiration of any period specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned property, nor affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the department.

      Sec. 37.  1.  All abandoned property other than money delivered to the department under this chapter must, within 1 year after the delivery, be sold by the director to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The director may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. The director need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property, or if he has received a written request from the Nevada state museum or the Nevada historical society for any item which has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation.

      2.  Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of sale in a newspaper of general circulation in the county where the property is to be sold.

      3.  The purchaser at any sale conducted by the director pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The director shall execute all documents necessary to complete the transfer of title.


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

ê1979 Statutes of Nevada, Page 1759 (Chapter 682, AB 85)ê

 

      Sec. 38.  1.  There is hereby created in the state treasury the abandoned property trust fund.

      2.  All money received by the department under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the director in the state treasury for credit to the abandoned property trust fund.

      3.  Before making such a deposit, the director:

      (a) Shall record the name and last-known address of each person appearing from the holders’ reports to be entitled to the abandoned property and of the name and last-known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation and the amount due. The record must be available for public inspection at all reasonable business hours.

      (b) May deduct:

             (1) Any costs in connection with the sale of abandoned property.

             (2) Any costs of mailing and publication in connection with any abandoned property.

             (3) Reasonable service charges.

      4.  At the end of each fiscal year the amount of the fund balance in excess of $25,000 must be deposited with the state treasurer for credit to the state general fund.

      Sec. 39.  Any person claiming an interest in any property delivered to the state under this chapter may file a claim to the property or to the proceeds from the sale thereof on the form prescribed by the director.

      Sec. 40.  1.  The director shall review each claim filed under this chapter and may hold a hearing and receive evidence concerning the claim. If a hearing is held, he shall prepare findings of fact and a decision in writing stating the substance of any evidence heard and the reasons for his decision. The decision is a public record.

      2.  If the director allows the claim, he shall pay it, without deduction for costs of notices or sale or for service charges, from the abandoned property trust fund as other claims against the state are paid.

      Sec. 41.  Any person aggrieved by a decision of the director, or as to whose claim the director has filed to render a decision within 90 days after the filing of the claim, may commence an action in the district court to establish his claim. The proceeding must be brought within 90 days after the decision of the director or within 180 days after the filing of the claim if the director has failed to render a decision. The action must be tried without a jury in cases where the director has failed to render a decision.

      Sec. 42.  After the director has received reports of property presumed abandoned, he may decline to receive any of the reported property which he deems to have a value less than the cost of giving notice and holding a sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless it gives notice to the contrary, within 180 days after the holder has filed his report, the department shall be deemed to have elected to receive the custody of the property.


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

ê1979 Statutes of Nevada, Page 1760 (Chapter 682, AB 85)ê

 

      Sec. 43.  1.  The director may at reasonable times and upon reasonable notice examine the records of any person if he has reason to believe that the person has failed to report property which should have been reported pursuant to this chapter.

      2.  To determine compliance with this chapter, the superintendent of banks and the commissioner of savings associations may respectively examine the records of any banking organization and any savings and loan association doing business within this state but not organized under the laws of or created in this state.

      3.  When requested by the director, any licensing or regulating agency otherwise empowered by the laws of this state to examine the records of the holder shall include in its examination a determination whether the holder has complied with this chapter.

      Sec. 44.  If any person refuses to pay or deliver property to the department as required under this chapter, the attorney general, upon request of the director, may bring an action in a court of competent jurisdiction to enforce the payment or delivery.

      Sec. 45.  1.  Any person who willfully fails to make any report or perform any other duty required under this chapter is guilty of a misdemeanor. Each day such a report is withheld constitutes a separate offense.

      2.  Any person who willfully refuses to pay or deliver abandoned property to the department as required under this chapter is guilty of a gross misdemeanor.

      Sec. 46.  In addition to any penalties for which he may be liable, any person who fails to report or to pay or deliver abandoned property within the time prescribed by this chapter shall pay to the department interest at the rate of 12 percent per annum on the money or the value of other property from the date on which the property should have been paid or delivered.

      Sec. 47.  NRS 32.020 is hereby amended to read as follows:

      32.020  1.  In any receivership proceeding instituted in which a dividend or dividends have been declared and ordered paid to creditors, any dividend which remains unclaimed for [5] 7 years [shall revert] reverts to the general fund of the estate and [shall] must be applied as follows:

      (a) To the payment of costs and expenses of the administration of the estate and receivership.

      (b) To a new dividend distributed to creditors whose claims have been allowed but not paid in full, and after such claims have been paid in full the balance [shall be paid to the insolvent or receivership estate.

      (c) Where such funds together with other funds available are, in the judgment of the court, insufficient in amount to warrant the declaration and distribution of another dividend by reason of the incident expense, such fund, after the payment of all expenses and costs of administration, shall escheat to the State of Nevada as an escheated estate. Order to escheat shall be made upon petition and hearing, notice thereof to be given by publication in one or more newspapers of general circulation as directed by the court.] is presumed abandoned under section 22 of this act.


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

ê1979 Statutes of Nevada, Page 1761 (Chapter 682, AB 85)ê

 

      2.  This section [shall apply] applies to any receivership proceeding which may be brought, and includes any bank, banking corporation, corporation, copartnership, company, association or [individual.] natural person.

      Sec. 48.  NRS 607.170 is hereby amended to read as follows:

      607.170  1.  When the labor commissioner deems it necessary, he may take assignments of wage and commission claims and prosecute actions for collection of wages, commissions and other demands of persons who are financially unable to employ counsel in cases in which, in the judgment of the labor commissioner, the claims for wages or commissions are valid and enforcible in the courts.

      2.  In all wage or commission matters and before [the] taking [of] such assignments, the labor commissioner [, in his discretion,] may summon to appear before him, at a suitable place in the county of the wage or commission claimant or claimants, his or their employer or employers and all other necessary persons for the purpose of adjusting and settling claims for wages or commissions before bringing suit therefor, and the labor commissioner may effect reasonable compromises of [and concerning] such [wage or commission] claims.

      3.  The labor commissioner or his deputy may maintain a commercial account with any bank within the state for the deposit of [funds] money collected for wage or commission claims. Such [funds shall] money must be promptly paid to the persons entitled thereto. At the end of each calendar year, any unclaimed [moneys] money in the commercial account which [shall have] has been a part of [such] the account for [a period of] 7 years or more [shall be paid into the general fund in the state treasury for the use of the state.] is presumed abandoned under section 23 of this act.

      Sec. 49.  NRS 78.292, 645A.180, 673.339, 678.660, 689.395 and 697A.010 to 697A.130, inclusive, are hereby repealed.

      Sec. 50.  The state treasurer shall credit to the abandoned property trust fund, established by section 38 of this act, all money in the insurance unclaimed trust fund established pursuant to NRS 697A.090. The director of the department of commerce shall pay from the abandoned property trust fund the claim of any person who would have been entitled under NRS 697A.100 to payment from the insurance unclaimed trust fund.

      Sec. 51.  1.  For 10 years after the expiration of this act by limitation, any person who claims an interest in any property delivered to the state pursuant to sections 2 to 46, inclusive, of this act may present his claim to the state board of examiners. If that board allows the claim, it must be paid from the abandoned property trust fund as other claims against the state are paid.

      2.  On July 30, 1994, any remaining balance in the abandoned property trust fund escheats to the state for credit to the state permanent school fund.

      Sec. 52.  There is hereby appropriated from the state general fund to the director of the department of commerce the sum of $51,811 for the period beginning July 1, 1979, and ending June 30, 1980, and the sum of $85,540 for the period beginning July 1, 1980, and ending June 30, 1981, for the purpose of carrying out the provisions of this act.


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

ê1979 Statutes of Nevada, Page 1762 (Chapter 682, AB 85)ê

 

sum of $85,540 for the period beginning July 1, 1980, and ending June 30, 1981, for the purpose of carrying out the provisions of this act.

      Sec. 53.  This act does not apply to any property which has escheated or has been presumed abandoned under the law of another state before the effective date of this act.

      Sec. 54.  1.  This act shall become effective on January 1, 1980.

      2.  Sections 1 to 50, inclusive, of this act expire by limitation on July 1, 1983.

 

________

 

 

CHAPTER 683, AB 103

Assembly Bill No. 103–Assemblymen Hayes, Glover, Jeffrey and Horn

CHAPTER 683

AN ACT relating to transportation; providing for the creation of a department of transportation; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 408.020 is hereby amended to read as follows:

      408.020  As used in this chapter the words and terms defined in NRS [408.025] 408.035 to 408.095, inclusive, [shall,] unless the context otherwise requires, have the meanings ascribed to them in [NRS 408.025 to 408.095, inclusive.] those sections.

      Sec. 1.5.  NRS 408.035 is hereby amended to read as follows:

      408.035  “Board” means the board of directors of the department of [highways.] transportation.

      Sec. 2.  NRS 408.045 is hereby amended to read as follows:

      408.045  “Department” means the department of [highways of the State of Nevada.] transportation.

      Sec. 3.  NRS 408.100 is hereby amended to read as follows:

      408.100  Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:

      1.  An integrated system of state highways and roads is essential to the general welfare of the state.

      2.  Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.

      3.  Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.

      4.  In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads facilities of this state, for present as well as for future use.


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

ê1979 Statutes of Nevada, Page 1763 (Chapter 683, AB 103)ê

 

      5.  To this end, it is the express intent of the legislature to make the board of directors of the department of [highways] transportation custodian of the state highways and roads and to provide sufficiently broad authority to enable the board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.

      6.  The legislature intends:

      (a) To declare, in general terms, the powers and duties of the board of directors, leaving specific details to be determined by reasonable [rules and] regulations and declarations of policy which the board may promulgate.

      (b) By general grant of authority to the board of directors, to delegate sufficient power and authority to enable the board to carry out the broad objectives contained in this chapter.

      7.  The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to insure safe and convenient transportation on these public ways is no less urgent.

      8.  The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of transportation facilities in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.

      9.  The words “construction,” “maintenance” and “administration” used in section 5 of Article 9 of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

      Sec. 4.  NRS 408.105 is hereby amended to read as follows:

      408.105  1.  There is hereby created a department of [highways, which shall be] transportation, administered by a board of directors consisting of [three directors. The directors shall be] the governor, the attorney general and the state controller.

      2.  The officers designated shall serve as directors [, the duties created in this chapter being] ex officio.

      Sec. 5.  NRS 408.115 is hereby amended to read as follows:

      408.115  The department shall maintain its principal offices at Carson City, Nevada. [Such offices shall] The offices must be kept open at such times as the business of the department and the convenience or the interest of the public may require. [Such offices shall be] The offices are under supervision of the [engineer.] director.

      Sec. 6.  NRS 408.135 is hereby amended to read as follows:

      408.135  The board shall:

      1.  Consider, at its meetings, all questions relating to the general policy of the department and transact such business as may properly come before it.

      2.  Receive and consider, at such time as the board may select, the annual report of the [engineer.] director.


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

ê1979 Statutes of Nevada, Page 1764 (Chapter 683, AB 103)ê

 

      3.  Act for the department in all matters relating to recommendations, reports and such other matters as the board finds advisable to submit to the legislature.

      4.  Maintain a record of all proceedings of the board.

      5.  Execute or approve all instruments and documents in the name of the state or the department necessary for the carrying out of the provisions of this chapter. Where the exigencies of the circumstances warrant or where it is impracticable to hold a meeting of the board as provided by NRS 408.130, the members of the board, acting individually, may execute or approve such instruments and documents in the name of the state or department.

      6.  Delegate to the [engineer] director such authority as it deems necessary under the provisions of this chapter.

      7.  Act by resolution, vote or order entered in its records.

      Sec. 7.  NRS 408.150 is hereby amended to read as follows:

      408.150  1.  All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the department is named as a party defendant [shall] must be personally served upon the [engineer] director and also personally served upon the chairman of the board; or, in the absence of the [engineer] director and the chairman of the board, [such process shall] the process must be served personally upon the secretary of state and also upon [an assistant engineer.] the deputy director.

      2.  All legal actions brought and defended by the department [shall] must be in the name of the State of Nevada on relation of its department.

      3.  This section [shall not be construed as] is not a consent on the part of the department to be sued.

      Sec. 8.  NRS 408.160 is hereby amended to read as follows:

      408.160  [1.] The board shall select a [state highway engineer who shall] director to be head of the department.

      [2.  The engineer shall be a registered professional engineer, pursuant to the provisions of chapter 625 of NRS, skilled and experienced in highway design and construction, engineering management, contract negotiations and in negotiations with other agencies.

      3.  The engineer shall be in the unclassified service of the state.]

      Sec. 9.  NRS 408.165 is hereby amended to read as follows:

      408.165  The [engineer shall] director is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182, which [shall be] is payable out of the state highway fund.

      Sec. 10.  NRS 408.170 is hereby amended to read as follows:

      408.170  The [engineer] director shall devote his whole time to the duties of his office, and may be removed by the board at any time.

      Sec. 11.  NRS 408.175 is hereby amended to read as follows:

      408.175  1.  Subject to the provisions of chapter 284 of NRS, the [engineer] director shall:

      (a) Appoint [two deputy highway engineers, who shall be registered professional engineers, pursuant to the provisions of chapter 625 of NRS, and] one deputy director who [shall,] in the absence, inability or failure of the [engineer, have] director has full authority to perform any duty required or permitted by law to be performed by the [engineer.] director.


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

ê1979 Statutes of Nevada, Page 1765 (Chapter 683, AB 103)ê

 

      (b) [Employ a chief accountant, who shall be charged with the duty of handling the fiscal affairs and facilities of the department.

      (c) Appoint a highway business manager, who shall perform duties as designated pursuant to NRS 408.177.

      (d)]Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.

      2.  [Such employees in the unclassified service of the state shall receive annual salaries in amounts determined pursuant to the provisions of NRS 284.182.

      3.  The two deputy highway engineers and the highway business manager each] The deputy director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 408.180 is hereby amended to read as follows:

      408.180  The [engineer, assistant engineers, highway business manager and the accountant of the department] director and deputy director shall each take the official oath.

      Sec. 14.  NRS 408.185 is hereby amended to read as follows:

      408.185  1.  The [engineer, assistant engineers, highway business manager and accountant are hereby authorized to] director and deputy director may use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.

      2.  Such mechanical facsimile signature devices [shall] must be of such nature that the facsimile signature plate may be inserted and removed from the mechanical device only by use of two locking keys.

      3.  Such facsimile signatures [shall] must be made and used only under the personal direction and supervision of the [engineer, assistant engineers, highway business manager and accountant] director and deputy director, respectively.

      4.  All of the facsimile signature plates and locking keys [shall] must at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use [shall be] is prevented.

      Sec. 15.  NRS 408.190 is hereby amended to read as follows:

      408.190  The [engineer] director shall cause to be made and kept by the department a general plan of the highways and shall collect information and compile statistics and maps relative to the mileage, traffic, character and condition of the highways.

      Sec. 16.  NRS 408.195 is hereby amended to read as follows:

      408.195  The [engineer] director shall determine the character and [have] has the general supervision of the construction, reconstruction, improvement, maintenance and repair of all highways, facilities and services authorized under the provisions of this chapter.

      Sec. 17.  NRS 408.200 is hereby amended to read as follows:

      408.200  1.  The [engineer] director shall investigate and determine the methods of highway construction best adapted to the various sections of the state, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of road-building materials.


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

ê1979 Statutes of Nevada, Page 1766 (Chapter 683, AB 103)ê

 

of the state, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of road-building materials.

      2.  The [engineer is authorized to] director may construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.

      3.  The [engineer] director may be consulted by county officials, including members of regional street and highway commissions, having authority over streets and highways within their respective counties relative to any question involving such streets and highways; and the [engineer] director may, in like manner, obtain from such county officials all such information or assistance as they may render in the performance of his duties with their county, and such county officials shall supply such information when requested by the [engineer.] director.

      Sec. 18.  NRS 408.205 is hereby amended to read as follows:

      408.205  1.  With the approval of the board, the [engineer] director may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter, except those construction contracts as provided in NRS 408.865 and 408.885.

      2.  The [engineer shall have] director has such other power and authority as may be necessary and proper under the provisions of this chapter or as may be delegated to him by the board.

      3.  The [engineer] director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the department who make written requests for such deductions and purchases. For the purpose of allowing [any and] all department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the [engineer] director shall provide forms authorizing the deductions and purchases and shall make them readily available to all department officers and employees.

      Sec. 19.  NRS 408.210 is hereby amended to read as follows:

      408.210  1.  The [engineer] director may restrict the use of, or close, any highway whenever [the engineer] he considers such closing or restriction of use necessary:

      (a) For the protection of the public.

      (b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.

      2.  The [engineer is authorized to:] director may:

      (a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.

      (b) Lay out and construct frontage roads on and along any highway or freeway and [to] divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.


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

ê1979 Statutes of Nevada, Page 1767 (Chapter 683, AB 103)ê

 

main highway or freeway by means of curbs, physical barriers or by other appropriate devices.

      3.  The [engineer is authorized to] director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of 5 days from and after personal service of notice and demand upon the owner of the encroachment or his agent. In lieu of personal service upon such person or his agent, service of such notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on such encroachment described in the notice. Removal by the department of such encroachment on the failure of the owner to comply with such notice and demand [shall give] gives the department a right of action to recover the expense of such removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day such encroachment remains after the expiration of 5 days from the service of the notice and demand.

      4.  If the [engineer] director determines that the interests of the department are not compromised by a proposed or existing encroachment, he may issue a license to the owner or his agent permitting an encroachment on the highway. [Such license shall be] Such a license is revocable and [shall] must provide for relocation or removal of the encroachment in the following manner. Upon notice from the [engineer] director to the owner of the encroachment or his agent, the owner or agency may propose a time within which he will relocate or remove the encroachment as required. If the [engineer] director and the owner or his agent agree upon such a time, the [engineer] director shall not himself remove the encroachment unless the owner or his agent has failed to do so within the time agreed. If the [engineer] director and the owner or his agent do not agree upon such a time, the [engineer] director may remove the encroachment at any time after the expiration of 30 days from the service of the original notice upon the owner or his agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the [engineer shall give] director gives the department the right of action provided by subsection 3, but the penalty [shall] must be computed from the expiration of the agreed period or 30-day period, as the case may be.

      Sec. 20.  NRS 408.212 is hereby amended to read as follows:

      408.212  1.  The [engineer] director may grant to any person owning, operating or intending to construct a monorail or other overhead or underground system used for transportation easements for:

      (a) The installation of supporting or accessory structures within the limits of a highway.

      (b) The use of air space over or underground space beneath a highway.

      2.  The [engineer] director may authorize necessary construction work to be performed within the limits of the highway for the installation or repair of any such system, and the temporary closing of a highway, or the restriction of its use, for such purposes.

      3.  No structure may be installed or use made of overhead or underground space pursuant to this section which would permanently interfere with the existing use of any highway.


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

ê1979 Statutes of Nevada, Page 1768 (Chapter 683, AB 103)ê

 

      Sec. 21.  NRS 408.215 is hereby amended to read as follows:

      408.215  1.  The [engineer shall have] director has charge of all the records of the department, keeping records of all proceedings pertaining to the department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the department, except those financial statements described in NRS 408.870, which [shall] must not become matters of public record.

      2.  The [engineer] director may photograph, microphotograph or film or dispose of the records of the department referred to in subsection 1 as provided in NRS 239.050 to 239.085, inclusive.

      3.  The [engineer] director shall maintain an index or record of deeds or other references of title or interest in and to all lands or interests in land owned or acquired by the department. [of highways.]

      4.  The [engineer shall promulgate such rules and] director shall adopt such regulations as may be necessary to carry out and enforce the provisions of this chapter.

      Sec. 22.  NRS 408.220 is hereby amended to read as follows:

      408.220  Before September 1 of each even-numbered year, for the biennium ending June 30 of [such] that year, and at such other times as the board may designate, the [engineer] director shall report all the proceedings of the department to the board.

      Sec. 23.  NRS 408.225 is hereby amended to read as follows:

      408.225  The [engineer,] director, with the approval of the board, may rent, lease, purchase and contract for all equipment, materials, supplies, vehicles, road machinery, tools, implements and technical services that may be required for the purpose of this chapter. Such equipment, supplies and services [shall] must be managed and used under the [direction of the engineer.] control of the director.

      Sec. 24.  NRS 408.230 is hereby amended to read as follows:

      408.230  The superintendent of the state printing and records division of the department of general services shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and account as may be necessary for the use of the department and its offices upon the requisition of the [engineer.] director. Charges and payments for [such shall] these items must be made as provided in NRS 344.110.

      Sec. 25.  NRS 408.235 is hereby amended to read as follows:

      408.235  1.  There is hereby created [in the state treasury] the state highway fund.

      2.  The proceeds from the imposition of any license, except a driver’s license, or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel must be deposited in the state highway fund and must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

      3.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.


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

ê1979 Statutes of Nevada, Page 1769 (Chapter 683, AB 103)ê

 

license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

      4.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

      5.  All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the [engineer or the accountant] director and must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.

      Sec. 26.  NRS 408.240 is hereby amended to read as follows:

      408.240  1.  Upon the written request of the board, the state controller [is authorized and directed to] shall draw his warrant in favor of the [engineer] director in the sum of $250,000, and in such additional sums not exceeding a total of $250,000 as the board may from time to time request, and upon presentation of [the same] such a warrant to the state treasurer, the state treasurer [is authorized and directed to pay the same.] shall pay it.

      2.  Such a sum of not [to exceed $500,000 shall be known] more than $500,000 is designated as the state highway revolving fund, and may be used by the department for the purpose of paying the current payrolls of the department and other charges and obligations requiring prompt payment, and for no other purposes.

      3.  All [moneys] money paid by the department from the state highway revolving fund [shall,] must, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such [moneys] money paid in favor of the state highway revolving fund to be paid to the order of the [engineer,] director, and the state treasurer shall pay the [same.] warrant.

      4.  The [engineer is directed to] director shall deposit the state highway revolving fund in one or more banks of reputable standing and [to] secure the deposit by a depositary bond satisfactory to the state board of examiners.

      Sec. 27.  NRS 408.270 is hereby amended to read as follows:

      408.270  1.  At least once each month the [engineer] director shall file with the state controller a certificate showing the number and amount of vouchers filed with the division engineer of the Bureau of Public Roads having jurisdiction over highway construction in the State of Nevada, for payment out of the apportionment made to the state under appropriations made by Congress for aid to the various states for highway purposes.

      2.  Whenever claims payable out of the state highway fund and properly approved by the state board of examiners exceed the amount that is available in the state highway fund, the state controller [is authorized to] may transfer temporarily from the state general fund to the state highway fund such amount as may be required to pay [such] the claims, but not [to exceed] more than 50 percent of the amount collectible from the Government of the United States as shown by the vouchers mentioned in subsection 1.


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ê1979 Statutes of Nevada, Page 1770 (Chapter 683, AB 103)ê

 

highway fund such amount as may be required to pay [such] the claims, but not [to exceed] more than 50 percent of the amount collectible from the Government of the United States as shown by the vouchers mentioned in subsection 1.

      Sec. 28.  NRS 408.275 is hereby amended to read as follows:

      408.275  1.  The department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the state.

      2.  The department [is authorized to] may construct and maintain roadside parks for the convenience of the traveling public and [such] the roadside parks may be constructed at such locations as may be selected by the [engineer.] director.

      3.  In order to provide information for the traveling public, the [engineer] director may maintain maps, informational directories and advertising pamphlets at safety rest areas. The [engineer] director may, with the concurrence of the board, contract with persons experienced in financing and operating information centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to [such] those persons available land at safety rest areas for such periods of time and for such considerations as are determined by the [engineer] director to be in the best interests of the State of Nevada.

      4.  The department [is authorized to] may receive any federal funds available for the purposes of this section [as may be authorized] under the federal acts described in NRS 408.245.

      5.  The department shall adopt appropriate regulations governing the use of roadside parks and safety rest areas in the state.

      Sec. 29.  NRS 408.285 is hereby amended to read as follows:

      408.285  1.  The highways which are constructed, reconstructed, improved and maintained by the department in accordance with the provisions of this chapter are state highways, and the department is responsible for their construction, reconstruction, improvement and maintenance. [Funds] Money available to the state through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor. When federal [funds are] money is made available under federal acts authorizing the use of federal funds to build roads in the national forests, the board [is authorized to] may set aside for that purpose and [to] expend highway [funds] money on state highways built by the Federal Government.

      2.  Other highways which are not constructed, reconstructed, improved and maintained by the department may be designated by the [engineer] director as state highways if:

      (a) They connect or extend existing state highways; or

      (b) Their construction, reconstruction, improvement and maintenance by the department is anticipated within a reasonable period.

      3.  For department administrative purposes all highways may be selected, designated and assigned route numbers by the [engineer.] director. Numbers selected [shall] may conform so far as possible to applicable federal route designations.

      4.  All roads connecting state parks with state or county highways or city streets, where the title thereto is in the state, are parts of the state highway system and may be maintained by the state.


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ê1979 Statutes of Nevada, Page 1771 (Chapter 683, AB 103)ê

 

city streets, where the title thereto is in the state, are parts of the state highway system and may be maintained by the state. The department may construct and maintain roads within state parks subject to approval of locations and design by the division of state parks of the state department of conservation and natural resources.

      Sec. 30.  NRS 408.845 is hereby amended to read as follows:

      408.845  1.  United States Highway No. 6, as now or hereafter located in this state, [shall be known and] is designated as Grand Army of the Republic Highway and U.S. 6.

      2.  The [engineer is directed to] director shall place suitable markers along the highway and may locate them at such points as he deems appropriate.

      Sec. 31.  NRS 408.846 is hereby amended to read as follows:

      408.845  1.  The state highways which connect Virginia City with other state highways are collectively designated as the Comstock Highway.

      2.  The [engineer] director shall place suitable markers along the highway and may locate them at such points as he deems appropriate.

      Sec. 32.  NRS 408.855 is hereby amended to read as follows:

      408.855  1.  All work of construction, reconstruction, improvement and maintenance of highways as provided under the provisions of this chapter [shall be] is under the supervision and direction of the [engineer and shall] director and must be performed in accordance with the plans, specifications and contracts prepared by him.

      2.  All maintenance and repair of highways when performed by the department [shall] must be paid out of the state highway fund.

      Sec. 33.  NRS 408.860 is hereby amended to read as follows:

      408.860  1.  Whenever it [shall appear to the engineer] appears to the director that any work or improvements can be done in a more economical or other satisfactory manner than by contract under NRS 408.865, the [engineer] director may, with the approval of the board, execute such work or improvements with department facilities and employees.

      2.  In the event of disaster or great emergency the [engineer] director may, with the approval of the board, hire, employ or contract for such labor, materials and equipment as are in his opinion necessary to reroute, repair or replace any highway threatened or damaged by [such] the emergency or disaster and the provisions of NRS 408.865 and 408.905 [shall] do not apply.

      Sec. 34.  NRS 408.865 is hereby amended to read as follows:

      408.865  1.  Whenever the provisions of NRS 408.860 do not apply, the [engineer] director shall advertise for bids for such work according to the plans and specifications prepared by him.

      2.  [Such] The advertisement [shall] must state the place where the bidders may obtain or inspect the plans and specifications and the time and place for opening [such] the plans and specifications.

      3.  Publication of [such advertisement shall] the advertisement must be made at least once a week for 2 consecutive weeks for a total of at least two publications in a newspaper of general circulation in the county in which the major portion of the proposed improvement or construction is to be made, and [such] the advertisement [shall] must also be published at least once a week for 2 consecutive weeks for a total of at least two publications in one or more daily papers of general circulation throughout the state.


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ê1979 Statutes of Nevada, Page 1772 (Chapter 683, AB 103)ê

 

construction is to be made, and [such] the advertisement [shall] must also be published at least once a week for 2 consecutive weeks for a total of at least two publications in one or more daily papers of general circulation throughout the state. The first publication of [such] the advertisement in the daily newspapers having general circulation throughout the state [shall] must be made not less than 15 days [prior to] before the time set for opening bids.

      Sec. 35.  NRS 408.870 is hereby amended to read as follows:

      408.870  1.  Before furnishing any person proposing to bid on any duly advertised work with the plans and specifications for such work, the [engineer] director shall require from [such] the person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which [shall] must include a complete statement of the person’s financial ability and experience in performing public work of a similar nature.

      2.  Such statements [shall] must be filed with the [engineer] director in ample time to permit the department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any [such] person proposing to bid on [any such duly] the advertised public work, in accordance with the [rules and] regulations of the department.

      3.  Whenever the [engineer] director is not satisfied with the sufficiency of the answers contained in [such] the questionnaire and financial statement, he may refuse to furnish [such] the person with plans and specifications and the official proposal forms on [any such duly] the advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such a bidder returned forthwith.

      4.  Any person who may be disqualified by the [engineer,] director, in accordance with the provisions of this section, may request, in writing, a hearing before the [engineer] director and present again his check, cash or undertaking and such further evidence with respect to his financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his opinion, issuance to him of the plans and specifications for [such] the work.

      5.  Any such person [shall have] has the further right of appeal from the decision of the [engineer] director to the board, but [such appeal shall] the appeal must be made not later than 5 days [prior to] before the opening of the bids on [any such] the project. If such an appeal is sustained by the board, [such person shall] the person must be admitted to the rights and privileges of all other bidders.

      Sec. 36.  NRS 408.875 is hereby amended to read as follows:

      408.875  1.  All bids [shall] must be accompanied by an undertaking executed by a corporate surety authorized to do business in the state, or by cash or a certified check in an amount equal to at least 5 percent of the amount bid.

      2.  If the successful bidder fails to execute the contract in accordance with his bid and give any bond required by law and [such] the contract and bond [is] are not postmarked or delivered to the department within 20 days after award of the contract, the undertaking, cash or certified check [shall be] is forfeited and the proceeds must be paid into the state highway fund.


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ê1979 Statutes of Nevada, Page 1773 (Chapter 683, AB 103)ê

 

20 days after award of the contract, the undertaking, cash or certified check [shall be] is forfeited and the proceeds must be paid into the state highway fund.

      3.  The failure of the successful bidder to furnish any bond required of him by law within the time fixed for his execution of the contract constitutes a failure to execute the contract.

      4.  If the [engineer] director deems it is for the best interests of the state, he may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the [engineer] director may likewise award it to the third lowest responsible bidder. On the failure or refusal to execute the contract of the second or third lowest bidder to whom a contract is so awarded, their bidder’s security [shall be] is likewise forfeited to the state.

      5.  The bidder’s security of the second and third lowest responsible bidders may be withheld by the department until the contract has been finally executed and the bond given as required under the provisions of the contract, at which time [such security shall] the security must be returned. The bidder’s security submitted by all other unsuccessful bidders [shall] must be returned to them within 10 days after the contract is awarded.

      Sec. 37.  NRS 408.880 is hereby amended to read as follows:

      408.880  1.  All bids [shall] must be submitted under sealed cover and received at the office of the department in Carson City, Nevada, and [shall] must be opened publicly and read at the time stated in the advertisement.

      2.  No bids [shall] may be received after the time stated in the advertisement even though bids are not opened exactly at the time stated in the advertisement. No bid [shall] may be opened [prior to such] before that time.

      3.  Any bid may be withdrawn at any time [prior to] before the time stated in the advertisement only by written request or telegram filed with the [engineer] director and executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid before the time stated in the advertisement.

      4.  The department [shall have the right to] may reject any [and] bid or all bids if, in the opinion of the department, the bids are unbalanced, incomplete, contain irregularities of any kind or for any good cause.

      5.  Until the final award of the contract, the department may reject or accept any bids and may waive technical errors contained in [such] the bids, as may be deemed best for the interests of the state.

      6.  In awarding a contract, the department shall make the award to the lowest responsible bidder who has qualified and submitted his bid in accordance with the provisions of this chapter.

      Sec. 38.  NRS 408.885 is hereby amended to read as follows:

      408.885  1.  All construction contracts authorized by NRS 408.865 [shall] must be executed in the name of the State of Nevada and [shall] must be signed by the chairman of the board, attested by the [engineer,] director, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.


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ê1979 Statutes of Nevada, Page 1774 (Chapter 683, AB 103)ê

 

director, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.

      2.  When the contract is fully executed, a copy of the same, including plans and specifications, [shall] must be filed in the office of the department at Carson City, Nevada, and with the clerk of the board of county commissioners of the county in which the work is to be performed.

      Sec. 39.  NRS 408.890 is hereby amended to read as follows:

      408.890  1.  All [directors] members of the board, [engineers] directors and other officers or employees of the department are prohibited from having any interest, directly or indirectly, in any contract of any kind for the construction, reconstruction, improvement, supervision or maintenance of any highway.

      2.  Any contract made in violation of this section may be declared void at the instance of the state or any person interested in the contract except a person prohibited from being interested in it.

      3.  Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor, [shall forfeit] forfeits his office and is forever disqualified from holding any public office in this state.

      Sec. 40.  NRS 408.905 is hereby amended to read as follows:

      408.905  1.  With the approval of the board, the [engineer] director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $50,000.

      2.  Such informal bids [shall] must be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.

      3.  The department shall:

      (a) Mail a copy of the bid invitation by certified mail to all qualified bidders who are on record with the department as desiring to receive bid invitations on projects estimated to cost not in excess of $50,000.

      (b) Maintain a record of such certified mailings.

      4.  Contracts awarded under the provisions of this section [shall] must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and shall be signed by the [engineer,] director, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.

      Sec. 41.  NRS 408.920 is hereby amended to read as follows:

      408.920  1.  The [engineer] director may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates [shall] must be based upon materials in place, or on the job site, or at a location approved by the [engineer,] director, and invoiced, and labor expended thereon. Not more than 90 percent of the contract price of any work [shall] may be paid in advance of full completion and final acceptance of such improvement or construction, except that at any time after 50 percent of the work has been completed, if the [engineer] director finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.


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ê1979 Statutes of Nevada, Page 1775 (Chapter 683, AB 103)ê

 

the work has been completed, if the [engineer] director finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.

      2.  The withheld percentage of the contract price of any such work or improvement or construction [shall] must be retained until the contract is completed satisfactorily and finally accepted by the [engineer,] director, except that at any time after 50 percent of the work has been competed, if the [engineer] director finds that satisfactorily progress is being made in all phases of the contract, he may, upon written request by the contractor, authorize a single payment from the withheld percentage in an amount which will not reduce the withheld percentage below 5 percent of the value of the work to be completed. Before such payment is made, the [engineer] director shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.

      3.  If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, [shall] must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department [shall be] is payable to the contractor or the contractor’s creditors.

      4.  Such retained percentage as may be due any contractor [shall be] is due and payable at the expiration of the 30-day period as provided in NRS 408.900 for filing of creditor’s claims, and such retained percentage [shall be] is due and payable to the contractor at such time without regard to creditor’s claims filed with the department.

      5.  The contractor under any contract made prior to or after April 23, 1971, or awarded by the department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under such contract which are retained by the department, pursuant to the terms of such contract, if the contractor deposits with the [engineer:] director:

      (a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills; [or]

      (b) Bonds or notes of the State of Nevada; or

      (c) General obligation bonds of any political subdivision of the State of Nevada.

      Certificates of deposit [shall] must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under such contract.

      6.  The [engineer shall have] director has the power to enter into a contract or agreement with any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with him pursuant to this section. Such services [shall] include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.


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ê1979 Statutes of Nevada, Page 1776 (Chapter 683, AB 103)ê

 

obligations and the rendering of all services required to effectuate the purposes of this section.

      7.  The [engineer] director or any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the [engineer] director shall deliver each such coupon as it matures to the contractor.

      8.  Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, [shall] must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor [shall be] is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after such amount has been deducted.

      Sec. 42.  NRS 408.925 is hereby amended to read as follows:

      408.925  1.  Before making final payment on any contract as provided in this chapter the [engineer] director shall cause the publication of a notice of the date of final acceptance of the contract for a period of at least 2 weeks in every issue of a newspaper of general circulation in the county wherein the major portion of the contract work was performed, and such notice may also be published each day for a period of at least 10 days in one or more daily newspapers of general circulation throughout the state.

      2.  No final settlement of the contract [shall] may be made with the contractor until 30 days after the date of such final acceptance of the contract.

      Sec. 43.  NRS 408.935 is hereby amended to read as follows:

      408.935  Whenever in the construction, reconstruction, maintenance or repair of any highway it appears to the [engineer] director that any portion of the highway is dangerous or inconvenient to the traveling public in its existing location by reason of grades, dangerous turns or other local conditions, or that the expense in the constructing, building, rebuilding, maintaining or repairing of the highway would be unreasonably great and could be materially reduced or lessened by change of route, the [engineer] director may divert or change the route, but:

      1.  The highway [shall] must not be changed or diverted to exclude any city or town unless the consent of the governing body of that city or town has been obtained; and

      2.  The [engineer] director shall first submit a plan of the proposed change to the board, and the plan must be approved by the board before action is taken to effect the change.

      Sec. 44.  NRS 408.943 is hereby amended to read as follows:

      408.943  1.  For the purposes of this section:

      (a) “Cost of relocation” means the entire amount paid by a utility properly attributable to the relocation of its facilities, including removal, reconstruction and replacement after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility, and [shall include] includes the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.


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ê1979 Statutes of Nevada, Page 1777 (Chapter 683, AB 103)ê

 

facility, and [shall include] includes the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.

      (b) “Utility” means any privately, publicly or cooperatively owned systems for supplying telegraph, telephone, electric power and light, gas, water, sewer and like service to the public or a segment of the public.

      2.  Whenever the [engineer,] director, after consulting with the utility concerned, determines that any utility facility which now is, or hereafter may be, located in, over, along or under any highway in the federal-aid primary or secondary systems or in the interstate system, including extensions thereof within urban areas, as such systems are defined in the Federal-Aid Highway Acts and are accepted by and assented to by the State of Nevada, should be relocated, the utility owning or operating such utility facility shall relocate the same in accordance with the order of the [engineer.] director. The costs of any such relocation shall be ascertained and paid by the state as part of the cost of such federally aided project, provided the proportionate part of such cost [shall be] is reimbursable from federal funds under a Federal-Aid Highway Act or any other Act of Congress under which the state [shall be] is entitled to reimbursement for all or part of such cost.

      3.  This section [shall] does not apply where a payment of relocation or removal costs by the state would be inconsistent with the terms of a permit issued by the [engineer] director pursuant to NRS 408.955.

      Sec. 45.  NRS 408.955 is hereby amended to read as follows:

      408.955  1.  No state highway or right-of-way [shall] may be disturbed, dug up, crossed, encroached upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approach roads, driveways, railways or for any other purpose, without the written permit of the [engineer,] director, and then only in accordance with the conditions and regulations prescribed by the [engineer.] director. All such work [shall] must be done under the supervision and to the satisfaction of the [engineer.] director. All costs of replacing the highway in as good condition as previous to its being disturbed [shall] must be paid by the persons to whom or on whose behalf such permit was given or by the person by whom the work was done.

      2.  In case of immediate necessity therefor, a city or town may dig up such state highway without a permit from the [engineer,] director, but in such cases the [engineer] director shall be first notified and the highway [shall] must be replaced forthwith in as good condition as before at the expense of such city or town.

      Sec. 46.  NRS 408.9611 is hereby amended to read as follows:

      408.9611  1.  Upon application approved by the [engineer,] director, a displaced person who moves as the result of any highway project approved under 23 U.S.C. §§ 106 and 107 may elect to receive actual and reasonable expenses in moving himself, his family, his business or his farm operation, including moving personal property.

      2.  Any displaced person who moves from a dwelling may elect to accept in lieu of actual expenses a dislocation allowance of $200 and a moving expense allowance, not to exceed $300, determined according to a schedule established by the [engineer.] director.


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ê1979 Statutes of Nevada, Page 1778 (Chapter 683, AB 103)ê

 

      3.  Any displaced person who moves or discontinues his business or farm operation may elect to accept in lieu of actual expenses a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment [shall] must not be less than $2,500 nor more than $10,000. In the case of a business, no payment [shall] may be made under this subsection unless the [engineer] director is satisfied that the business cannot be relocated without a substantial loss of its existing patronage and is not part of a commercial enterprise having at least one other establishment which is not being acquired by the state or by the United States and is engaged in the same or similar business.

      4.  For the purposes of this section “average annual net earnings” means one-half of any net earnings of the business or farm operation, before federal income tax, acquired during the 2 taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such 2-year period.

      5.  To be eligible for the payment authorized under subsection 3, the business or farm operation must make its financial statements and accounting records available to the department for confidential inspection and use in determining the amount of the payment authorized.

      Sec. 47.  NRS 408.9612 is hereby amended to read as follows:

      408.9612  In addition to amounts otherwise authorized by NRS 408.9611 and 408.9613, the department shall make