[Rev. 4/6/2015 4:25:47 PM]

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ê1981 Statutes of Nevada, Page 201ê

 

CHAPTER 96, AB 174

Assembly Bill No. 174–Committee on Ways and Means

CHAPTER 96

AN ACT making an appropriation to the health division of the department of human resources for a system of filing and storage for the vital statistics section; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $40,000 for the purpose of purchasing a system of filing and storage for the vital statistics section.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts on that date to the state general fund.

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

 

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CHAPTER 97, AB 272

Assembly Bill No. 272–Committee on Ways and Means

CHAPTER 97

AN ACT making an appropriation to the department of economic development for working capital for The Nevada Magazine; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the department of economic development the sum of $50,000 for the purpose of providing working capital for The Nevada Magazine.

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

 

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CHAPTER 98, AB 316

Assembly Bill No. 316–Committee on Ways and Means

CHAPTER 98

AN ACT making an appropriation to the buildings and grounds division of the department of general services for electronic scales for their central mailrooms in Carson City and Las Vegas; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the buildings and grounds division of the department of general services the sum of $18,632 for the purchase of four electronic scales for use in the central mailrooms in Carson City and Las Vegas.


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ê1981 Statutes of Nevada, Page 202 (Chapter 98, AB 316)ê

 

the sum of $18,632 for the purchase of four electronic scales for use in the central mailrooms in Carson City and Las Vegas.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

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CHAPTER 99, AB 319

Assembly Bill No. 319–Committee on Ways and Means

CHAPTER 99

AN ACT making an additional and supplemental appropriation to the welfare division of the department of human resources for the child welfare program; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $636,454 for the child welfare program. This appropriation is additional and supplemental to that allowed and made by section 29 of chapter 695, Statutes of Nevada 1979.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

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CHAPTER 100, AB 334

Assembly Bill No. 334–Committee on Ways and Means

CHAPTER 100

AN ACT making an additional and supplemental appropriation to the welfare division of the department of human resources to pay the medical bills of recipients of public welfare; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $13,479,000 for the purpose of paying the medical bills of recipients of public welfare. This appropriation is additional and supplemental to that allowed and made by section 29 of chapter 695, Statutes of Nevada 1979.


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ê1981 Statutes of Nevada, Page 203 (Chapter 100, AB 334)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

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CHAPTER 101, SB 53

Senate Bill No. 53–Committee on Transportation

CHAPTER 101

AN ACT relating to vehicles; increasing allowable limits on the size of buses; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provision set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  1.  If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, the load of loosely piled material and any loading racks retaining the load must not exceed 120 inches in width.

      2.  The provisions of NRS 484.759 with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., as a load on another vehicle, if the load exceeds 96 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if the load exceeds 120 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour.

      Sec. 3.  Subject to the provisions of subsection 2 of NRS 484.759, the following vehicles must not exceed a width of 120 inches:

      1.  Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.

      2.  Special mobile equipment.

      3.  Highway construction or maintenance equipment.

      Sec. 4.  1.  The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as otherwise provided in section 5 of this act, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side.


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ê1981 Statutes of Nevada, Page 204 (Chapter 101, SB 53)ê

 

except as otherwise provided in section 5 of this act, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side. The department of transportation may establish seasonal or other time limitations within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this section may be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:

      (a) The power unit used to tow overwidth trailers or mobile homes having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.

      (b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.

      (c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745 relating to axle weight limitations.

      (d) The insurer must furnish evidence of insurance verifying coverage of the overwidth trailer coach or mobile home in the amounts of $100,000 because of bodily injury to or death of one person in any one accident, and subject to such a limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.

      2.  A permit which has been issued for the movement of a trailer coach or mobile home is not valid between sunset and sunrise nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The director of the department of transportation may establish additional reasonable regulations, consistent with this section, as he deems necessary in the interest of public safety.

      Sec. 5.  1.  The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of 120 inches in width but not exceeding 168 inches in width, exclusive of appendages, which must not extend beyond 3 inches on either side. The movement of the trailer coach or mobile home is, in addition to the conditions and requirements of section 4 of this act, subject to the following requirements and conditions:

      (a) “Wide-load” signs and red flags must be on the front of the towing vehicle and on the rear of the trailer coach or mobile home.

      (b) The towing vehicle must be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.

      (c) The applicant must present evidence satisfactory to the department that he is financially responsible and that he has complied or is able to comply with the equipment requirements.

      (d) As an additional warning to approaching traffic, the towing vehicle must be operated with the headlights turned on low beam.


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ê1981 Statutes of Nevada, Page 205 (Chapter 101, SB 53)ê

 

      (e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth trailer and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and trailer coach or mobile home off the pavement where safe to do so, in order that traffic may pass.

      (f) When two or more trailer coaches or mobile homes in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.

      2.  The department of transportation shall:

      (a) Designate the highways over which trailers in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.

      (b) Prescribe additional regulations relating to moving such trailer coaches or mobile homes, including the times and days when such moving is permitted, and additional safety precautions to be taken.

      Sec. 6.  The department of transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to highways under their jurisdiction shall, upon application in writing, issue a permit to operate, for a single trip, a vehicle, or a vehicle with a load, having a width exceeding the legal maximum width but not exceeding 120 inches in width on a highway between sunrise and sunset on Saturdays, Sundays and holidays, unless the department or governing body determines that such an operation would be a safety hazard or would unduly impede the flow of traffic.

      Sec. 7.  The legal maximum width of a bus is 102 inches, excluding mirrors, lights and other devices required for safety.

      Sec. 8.  The provisions of section 3, section 4 and subsection 2 of section 2 of this act do not apply to any highway which is part of the Federal-Aid Primary System, Federal-Aid Secondary System or the Interstate System if their application would prevent this state from receiving any money for highways under section 127 or Title 23, U.S.C.

      Sec. 9.  NRS 484.759 is hereby amended to read as follows:

      484.759  1.  As used in this section, and section 3 of this act, “special mobile equipment” means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway excepting implements of husbandry.

      2.  The department of transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of the department or governing body granting [such] that permit.


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ê1981 Statutes of Nevada, Page 206 (Chapter 101, SB 53)ê

 

      3.  Except as otherwise provided in [this section,] sections 2 to 7, inclusive, of this act, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon is 96 inches.

      4.  If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire must not exceed 102 inches, and the outside width of the body of [such] the vehicle or the load thereon must not exceed 96 inches.

      5.  [If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, the load of loosely piled material and any loading racks retaining the load must not exceed 120 inches in width.

      6.]  Lights or devices which [are required to] must be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, but the maximum width must not exceed 120 inches.

      [7.]6.  Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, but the maximum width of body and door handles, hinges, cable cinchers or chain binders must not exceed 102 inches.

      [8.]7.  A person shall not operate a passenger vehicle on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.

      [9.  The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., as a load on another vehicle, if the load exceeds 96 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if the load exceeds 120 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour.

      10.  Subject to the provisions of subsection 2, the following vehicles must not exceed a width of 120 inches:

      (a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.

      (b) Special mobile equipment.

      (c) Highway construction or maintenance equipment.

      This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., if such an application would prevent this state from receiving any federal funds for highway purposes.


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ê1981 Statutes of Nevada, Page 207 (Chapter 101, SB 53)ê

 

      11.  The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as further provided in this section, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side. The department of transportation may establish seasonal or other time limitations within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this subsection may be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:

      (a) The power unit used to tow overwidth trailers or mobile homes having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.

      (b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.

      (c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745 relating to axle weight limitations.

      (d) The insurer must furnish evidence of insurance verifying coverage of the overwidth trailer coach or mobile home in the amounts of $100,000 because of bodily injury to or death of one person in any one accident, and subject to such a limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.

      A permit which has been issued for the movement of a trailer coach or mobile home is not valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The director of the department of transportation may establish additional reasonable regulations, consistent with this section, as he deems necessary in the interest of public safety.

      To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent does not apply to highways which are a part of that system.

      12.  The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of 120 inches in width but not exceeding 168 inches in width, exclusive of appendages, which must not extend beyond 3 inches on either side. The movement of such trailer coach or mobile home is, in addition to the conditions and requirements of subsection 11, subject to the following requirements and conditions:

 


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ê1981 Statutes of Nevada, Page 208 (Chapter 101, SB 53)ê

 

home is, in addition to the conditions and requirements of subsection 11, subject to the following requirements and conditions:

      (a) “Wide-load” signs and red flags must be on the front of the towing vehicle and on the rear of the trailer coach or mobile home.

      (b) The towing vehicle must be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.

      (c) The department of transportation shall not issue a permit unless the applicant presents evidence satisfactory to the department that he is financially responsible and that he has complied or is able to comply with the equipment requirements.

      (d) As an additional warning to approaching traffic, the towing vehicle must be operated with the headlights turned on low beam.

      (e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth trailer and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and trailer coach or mobile home off the pavement where safe to do so, in order that traffic may pass.

      (f) When two or more trailer coaches or mobile homes in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.

      (g) The department of transportation shall designate the highways over which trailers in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.

      (h) The department of transportation shall prescribe additional regulations relating to moving such trailer coaches or mobile homes, including the times and days when such moving is permitted, and additional safety precautions to be taken.

      13.  The department of transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to highways under their jurisdiction shall, upon application in writing, issue a permit to operate, for a single trip, a vehicle, or a vehicle with a load, having a width exceeding the legal maximum width but not exceeding 120 inches in width on a highway between sunrise and sunset on Saturdays, Sundays and holidays, unless the department or governing body determines that such an operation would be a safety hazard or would unduly impede the flow of traffic.]

      Sec. 10.  NRS 484.761 is hereby amended to read as follows:

      484.761  The application for a permit under NRS 484.759 [shall;] and sections 2 to 7, inclusive, of this act, must:

      1.  Specifically describe the vehicle [, vehicles] or special mobile equipment and load to be operated or moved and the particular highways over which the permit to operate is requested.

      2.  State whether [such] the permit is requested for a single trip [or] , for continuous [or multiple trip-limited time operation.] use or for multiple trips over a limited time.

      Sec. 11.  NRS 484.769 is hereby amended to read as follows:

      484.769  1.  It is unlawful for any person to operate or move any vehicle or equipment designated in NRS 484.759 and sections 2 to 7, inclusive, of this act, over any highway without first obtaining a permit, or to violate or evade any of the terms or conditions of [such] the permit when issued, and any person violating any of the provisions of NRS 484.759 to 484.767, inclusive, and sections 2 to 7, inclusive, of this act, is guilty of a misdemeanor.


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ê1981 Statutes of Nevada, Page 209 (Chapter 101, SB 53)ê

 

or to violate or evade any of the terms or conditions of [such] the permit when issued, and any person violating any of the provisions of NRS 484.759 to 484.767, inclusive, and sections 2 to 7, inclusive, of this act, is guilty of a misdemeanor.

      2.  Any person operating or moving any vehicle or equipment designated in NRS 484.759 and sections 2 to 7, inclusive, of this act, over any highway under the authorization of a permit for continuous use or multiple [trip-limited time permit] trips over a limited time and who violates any weight limitation in excess of the weight authorized by the permit [shall] must be punished, upon conviction, as provided in NRS 484.757.

      Sec. 12.  This act shall become effective upon passage and approval.

 

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CHAPTER 102, SB 204

Senate Bill No. 204–Committee on Finance

CHAPTER 102

AN ACT making an appropriation to the emergency fund; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the emergency fund created pursuant to NRS 353.263 the sum of $98.035.

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

 

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CHAPTER 103, SB 64

Senate Bill No. 64–Senator Getto

CHAPTER 103

AN ACT relating to waters; limiting the transfer of certain water rights; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as provided in [subsections 2 and 6,] section 2 of this act, the state engineer shall approve all applications made in proper form where all fees, as provided in this chapter, have been paid which contemplate the application of water to beneficial use, and where [the] :

      (a) The proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare [.]


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ê1981 Statutes of Nevada, Page 210 (Chapter 103, SB 64)ê

 

existing rights, or to be otherwise detrimental to the public welfare [.] ; and

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the district’s efficiency in its delivery or use of water.

      2.  [Based upon the public interest and the economic welfare of the State of Nevada, the state engineer may in his discretion approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.

      3.]  The state engineer shall either approve or reject each application within 1 year from the final date for filing protest; but:

      (a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and

      (b) In areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final.

      [4.]3.  Where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for.

      [5.]4.  The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer. The copy of the application so endorsed shall be returned to the applicant. If the application is approved, the applicant [shall be] is authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal [shall continue] continues in force.

      [6.  The state engineer shall not approve any application nor issue any permit to appropriate the waters of the Colorado River, which waters are held in trust by the division of Colorado River resources of the department of energy pursuant to NRS 538.171, except after approval of such application by the administrator of that division. The administrator and the state engineer may adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this subsection.]

      Sec. 2.  Chapter 533 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Based upon the public interest and the economic welfare of the State of Nevada, the state engineer may approve or disapprove any application of water to beneficial use or any application which contemplates a change in the place or beneficial use of water to a use involving the industrial purpose of generating energy to be exported out of this state.


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ê1981 Statutes of Nevada, Page 211 (Chapter 103, SB 64)ê

 

the industrial purpose of generating energy to be exported out of this state.

      2.  The state engineer shall not approve any application or issue any permit to appropriate the waters of the Colorado River held in trust by the division of Colorado River resources of the department of energy except after approval of the application by the administrator of that division. The administrator and the state engineer may adopt such joint regulations as may be necessary for the purpose of carrying out the provisions of this subsection.

      Sec. 3.  NRS 538.171 is hereby amended to read as follows:

      538.171  1.  The administrator may receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado River and to the power generated thereon held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.

      2.  Applications to appropriate such waters [shall] must be made in accordance with chapter 533 of NRS and [shall be] are subject to approval by the administrator as set forth in NRS 533.370 [.] and section 2 of this act.

 

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CHAPTER 104, SB 205

Senate Bill No. 205–Committee on Finance

CHAPTER 104

AN ACT making an appropriation to the central data processing division of the department of general services for development of a computerized docket system for the office of the attorney general; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the central data processing division of the department of general services the sum of $14,950 for the purpose of developing a computerized docket system for the office of the attorney general.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts on that date to the state general fund.

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

 

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ê1981 Statutes of Nevada, Page 212ê

 

CHAPTER 105, SB 207

Senate Bill No. 207–Committee on Finance

CHAPTER 105

AN ACT making an appropriation to the central data processing division of the department of general services for the development of a computerized system of filing and retrieval for the division of water resources of the state department of conservation and natural resources; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the central data processing division of the department of general services the sum of $52,800 for the purpose of developing a computerized system of filing and retrieval for the division of water resources of the state department of conservation and natural resources.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts on that date to the state general fund.

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

 

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CHAPTER 106, SB 209

Senate Bill No. 209–Committee on Finance

CHAPTER 106

AN ACT making an appropriation to Richard King, a former employee of the division of state parks of the state department of conservation and natural resources, for reimbursement of the expenses he incurred from the corral incident in Lincoln County; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to Richard King, a former employee of the division of state parks of the state department of conservation and natural resources, the sum of $1,905 to reimburse him for the expenses he incurred from the corral incident in Lincoln County.

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 213ê

 

CHAPTER 107, SB 208

Senate Bill No. 208–Committee on Finance

CHAPTER 107

AN ACT making an appropriation to the division of water resources of the state department of conservation and natural resources to pay for certain costs of litigation and for consulting independent experts; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $200,000 for the purpose of paying for certain costs of litigation involving water and for consulting independent experts on matters relating to water.

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

 

________

 

 

CHAPTER 108, SB 210

Senate Bill No. 210–Committee on Finance

CHAPTER 108

AN ACT making an appropriation to the stale claims fund account; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the stale claims fund account created pursuant to NRS 353.097 the sum of $110,600.

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

 

________

 

 

CHAPTER 109, SB 364

Senate Bill No. 364–Senator Jacobsen

CHAPTER 109

AN ACT relating to county recorders; increasing certain fees; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  NRS 247.305 is hereby amended to read as follows:

      247.305  1.  Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified.


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

ê1981 Statutes of Nevada, Page 214 (Chapter 109, SB 364)ê

 

Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page........................... [$3.00]      $4.00

For each additional page....................................................         1.00

For recording each portion of a document which must be separately indexed, after the first indexing...............................................................................         2.00

For copying any record, for the first page.................................................         1.00

For each additional page....................................................           .50

For certifying, including certificate and seal, for the first seal...............         1.00

For each additional seal......................................................           .25

For recording or copying any document in a foreign language, double the normal fee.

 

      2.  A county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity, except for copying of any document, including certificate and seal, for which the statutory fee [shall] must be paid.

      3.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 2.  NRS 247.310 is hereby amended to read as follows:

      247.310  1.  Except as otherwise provided by law, county recorders shall charge the following fees for recording certificates of proof of labor on mining claims:

 

For recording any such certificates that embrace therein one claim....       $0.50

For each additional mining claim embraced in the certificate [.25]    .50

 

      2.  [If any certificate shall contain more than 100 words, an additional fee of 30 cents shall be charged for each 100 words or fractional part thereof in excess of the first 100 words.

      3.]  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 3.  NRS 278.468 is hereby amended to read as follows:

      278.468  1.  The parcel map filed with the county recorder of any county [shall] must be filed in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.

      2.  The charge for filing and indexing any parcel map [and for indexing the same shall be $5.] is $10.

      Sec. 4.  NRS 625.370 is hereby amended to read as follows:

      625.370  1.  The charge for filing and indexing any record of survey is [$5.00.] $10.


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

ê1981 Statutes of Nevada, Page 215 (Chapter 109, SB 364)ê

 

      2.  The record of survey [shall] must be suitably filed by the county recorder and he shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision.

 

________

 

 

CHAPTER 110, SB 368

Senate Bill No. 368–Committee on Government Affairs

CHAPTER 110

AN ACT relating to metropolitan police departments; revising certain procedures for approval and payment of claims; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  NRS 280.250 is hereby amended to read as follows:

      280.250  1.  Every demand against a department, except [the salary of the sheriff, shall be acted upon by the police commission. The demands shall] a demand for the sheriff’s salary, a contested claim or demand or a demand required by a police commission to be submitted to it, after the demand is approved and signed by the sheriff or his designee, must be listed on a cumulative voucher [sheets, and a copy of such vouchers shall be presented to each member of the police commission. When the demands have been approved by a majority of the police commission and the cumulative voucher sheets have been signed by the chairman and secretary of such commission, such demands are valid vouchers in the hands of the county auditor or comptroller for him to issue warrants on the country treasurer to be paid out of the department fund.

      2.  The county auditor or comptroller shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the department fund is authorized by law.

      3.]sheet.

      2.  If the county auditor or comptroller allows the demand, he shall endorse upon the voucher the word “allowed,” the name of the [department fund,] department’s fund and the date of [such] the allowance and shall sign his name thereto and draw his warrant on the county treasurer for the amount allowed.

      3.  The county auditor or comptroller and the county treasurer must sign the cumulative voucher sheets and the warrants. The county treasurer shall send a signed copy of the cumulative voucher sheets to the police commission.

      4.  A majority of the members of the police commission must approve a contested claim or a demand required to be submitted to the commission before such a demand is paid from the department’s fund. A contested demand must be paid as provided in NRS 280.260.

      Sec. 2.  NRS 280.260 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 216 (Chapter 110, SB 368)ê

 

      280.260  1.  [The county auditor or comptroller shall not sign a warrant authorizing the payment of money by the county treasurer until a copy of the order of the police commission allowing the amount and ordering the payment thereof, together with the account, have been submitted to him, and his allowance is endorsed on such order.] If the country auditor or comptroller refuses to [audit and] allow the payment of [such warrant, the order shall] any demand, the demand must be presented to the police commission with the refusal of the county auditor or comptroller endorsed thereupon and his reasons for [such] the refusal.

      2.  If the police commission, by a unanimous vote of all its members, orders the issuance of [such warrant by a unanimous vote of all the members,] a warrant in such a case, the county auditor or comptroller shall immediately issue [such warrants] the warrant upon service upon him of a copy of [such order of the police commission, certified to by] the police commission’s order on which the secretary of the commission [, that all members of the commission] has certified that all its members voted for [its] passage; otherwise, the [account shall] demand must be declared rejected, and no warrant [shall] may thereupon issue.

      3.  If the county auditor or comptroller allows such [account] a demand in part, a warrant [shall only issue for such] may be issued only for that part [,] unless the police commission allows a greater sum by a unanimous vote.

      4.  No warrant [shall] may be drawn by the county auditor or comptroller on [the department fund,] a department’s fund unless there is sufficient money in the fund to pay the warrant. Any warrant drawn contrary to the provisions of this subsection is void.

      Sec. 3.  NRS 244.210 is hereby amended to read as follows:

      244.210  1.  In any county in which a county comptroller has not been appointed, every demand against the county, except the salaries of the elective officers of the county whose salaries are fixed by law, must be acted upon by the county commissioners. The demands must be listed on cumulative voucher sheets and a copy presented to each of the members of the board of county commissioners present at their meeting, and mailed to any absent member. When the demands have been approved by a majority of the board of county commissioners, and the cumulative voucher sheets have been signed by the chairman and secretary of the board, the demands are valid vouchers [for] upon which the county auditor [to] may issue warrants on the county treasurer to be paid out of money belonging to the county.

      2.  The county auditor shall satisfy himself whether the money is legally due and remains unpaid, and whether its payment from the treasury is authorized by law, and out of what fund.

      3.  If the county auditor allows [it,] a demand, he shall endorse upon it the word “allowed,” with the name of the fund out of which it is payable, with the date of the allowance, and sign his name to it, and draw his warrant on the county treasury for the amount allowed.

      4.  No demand may be approved or allowed unless each item, date and value composing it is endorsed by the order of the board of county commissioners, together with a reference to the law, order, contract or authority by title, date and section authorizing the demand.


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

ê1981 Statutes of Nevada, Page 217 (Chapter 110, SB 368)ê

 

      5.  In any county in which a county comptroller has been appointed:

      (a) Every demand against the county, except the salaries of the elective officers of the county whose salaries are fixed by law, contested claims, and requests for refunds payable out of budgeted appropriations, must be listed on cumulative voucher sheets and audited by the county comptroller. The county comptroller shall satisfy himself whether the money demanded is legally due and remains unpaid, and whether its payment is authorized by law. If the demands qualify for payment, warrants must be drawn on the county treasurer in accordance with the listing of the demands on the voucher sheets. The warrants and voucher sheets must be signed by the county comptroller and the county treasurer. A signed copy of the cumulative voucher sheets must be forwarded by the county treasurer to the board of county commissioners.

      (b) Demands against the county based on contested claims or requests for refunds payable out of budgeted appropriations must be acted on in accordance with the procedure prescribed in this section for counties in which no comptroller has been appointed.

      6.  In any county in which a metropolitan police department has been created, demands against that department must be acted on pursuant to NRS 280.250.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 111, SB 54

Senate Bill No. 54–Committee on Transportation

CHAPTER 111

AN ACT relating to vehicles; providing alternative weight limits for trailers and semitrailers; providing for the expiration of those limits; and providing other matters properly relating thereto.

 

[Approved April 16, 1981]

 

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

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The provisions of this section apply only to vehicles which contain a trailer or a semitrailer. Each vehicle contained in this combination must comply with the provisions of this section or with the provisions of NRS 484.745.

      2.  The maximum weight on any single axle must not exceed 18,000 pounds.

      3.  The total gross weight with load imposed on the highway by any group of two or more consecutive axles of a vehicle or of a combination of vehicles where the distance between the first and last axles of the two or more consecutive axles is 18 feet or less, must not exceed that given for the respective distances in the following table:


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

ê1981 Statutes of Nevada, Page 218 (Chapter 111, SB 54)ê

 

     Distance in Feet                                                                                            Allowed Load

Between First and Last                                                                                      in Pounds on

       Axles of Group                                                                                           Group of Axles

 

                  4...........................................................................................................        32,000

                  5...........................................................................................................        32,000

                  6...........................................................................................................        32,200

                  7...........................................................................................................        32,900

                  8...........................................................................................................        33,600

                  9...........................................................................................................        34,300

               10...........................................................................................................        35,000

               11...........................................................................................................        35,700

               12...........................................................................................................        36,400

               13...........................................................................................................        37,100

               14...........................................................................................................        43,200

               15...........................................................................................................        44,000

               16...........................................................................................................        44,800

               17...........................................................................................................        45,600

               18...........................................................................................................        46,400

 

      4.  The total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than 18 feet must not exceed that given for the respective distances in the following table:

 

            Distance                                                                                                   Allowed Load

              in Feet                                                                                                         in Pounds

 

               19...........................................................................................................        47,200

               20...........................................................................................................        48,000

               21...........................................................................................................        48,800

               22...........................................................................................................        49,600

               23...........................................................................................................        50,400

               24...........................................................................................................        51,200

               25...........................................................................................................        55,250

               26...........................................................................................................        56,100

               27...........................................................................................................        56,950

               28...........................................................................................................        57,800

               29...........................................................................................................        58,650

               30...........................................................................................................        59,500

               31...........................................................................................................        60,350

               32...........................................................................................................        61,200

               33...........................................................................................................        62,050

               34...........................................................................................................        62,900

               35...........................................................................................................        63,750

               36...........................................................................................................        64,600

               37...........................................................................................................        65,450

               38...........................................................................................................        66,300

               39...........................................................................................................        68,000

               40...........................................................................................................        70,000

               41...........................................................................................................        72,000

               42...........................................................................................................        73,280


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

ê1981 Statutes of Nevada, Page 219 (Chapter 111, SB 54)ê

 

            Distance                                                                                                   Allowed Load

              in Feet                                                                                                         in Pounds

 

               43...........................................................................................................        73,280

               44...........................................................................................................        73,280

               45...........................................................................................................        73,280

               46...........................................................................................................        73,280

               47...........................................................................................................        73,280

               48...........................................................................................................        73,280

               49...........................................................................................................        73,280

               50...........................................................................................................        73,280

               51...........................................................................................................        73,280

               52...........................................................................................................        73,600

               53...........................................................................................................        74,400

               54...........................................................................................................        75,200

               55...........................................................................................................        76,000

                56 or over............................................................................................        76,800

 

      Sec. 3.  1.  The provisions of NRS 484.745, and section 2 of this act, do not apply to any highway which is a part of the Federal-aid Primary System, Federal-aid Urban System, Federal-aid Secondary System or Interstate System if their application would prevent this state from receiving any federal funds for highway purposes under section 127 of Title 23, U.S.C.

      2.  The department of transportation, with respect to highways under its jurisdiction, and the governing bodies of cities and counties, with respect to roads and streets under their jurisdiction, after determining that use by vehicles otherwise conforming with the maximum weight limits prescribed in NRS 484.745, or section 2 of this act, is likely to cause substantial stress to any highway, road, street or portion or structure thereof, may, by proper notice, fix a reduced maximum weight limit for vehicles which may pass over any such highway, road, street or portion or structure thereof.

      Sec. 4.  NRS 484.745 is hereby amended to read as follows:

      484.745  Except as provided in NRS 484.753, and section 2 of this act, no vehicle may be operated or moved upon any public highway, except upon the following conditions:

      1.  The maximum weight on any single axle must not exceed 20,000 pounds.

      2.  The maximum weight on any tandem axle must not exceed 34,000 pounds.

      3.  Except as provided in subsection 4, the maximum overall gross weight on any group of two or more consecutive axles must not exceed the values set forth in the following formula: W = 500 [LN/ (N–1) + 12N + 36] wherein:

      (a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;

      (b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

      (c) N equals the number of axles in the group under consideration.


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

ê1981 Statutes of Nevada, Page 220 (Chapter 111, SB 54)ê

 

      4.  Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of such consecutive sets of axles is 36 feet or more.

      5.  For the purpose of this section “tandem axle” means any two or more consecutive axles whose centers are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.

      [6.  The provisions of this section do not apply to any highway which is a part of the Federal-aid Primary System, Federal-aid Urban System, Federal-aid Secondary System or Interstate System if such application would prevent this state from receiving any federal funds for highway purposes under section 127 of Title 23, U.S.C.

      7.  The department of transportation, with respect to highways under its jurisdiction, and the governing bodies of cities and counties, with respect to roads and streets under their jurisdiction, after determining that use by vehicles otherwise conforming with the maximum weight limits prescribed in this section is likely to cause substantial distress to any highway, road, street or portion or structure thereof, may, by proper notice, fix a reduced maximum weight limit for vehicles which may pass over any such highway, road, street or portion or structure thereof.]

      Sec. 5.  NRS 484.755 is hereby amended to read as follows:

      484.755  1.  Authority for the enforcement of the provisions of NRS 484.745 to 484.757, inclusive, [shall be] and section 2 of this act, is vested in the Nevada highway patrol and in motor carrier field agents under the jurisdiction of the department of motor vehicles.

      2.  Any officer of the Nevada highway patrol or motor carrier field agent having reason to believe that the weight of a vehicle and load is unlawful [is authorized to] may require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales, [in the event such scales] if they are within 5 miles.

      3.  Whenever an officer or agent upon weighing a vehicle and load as provided in subsection 2 determines that the weight is unlawful, [such officer or agent] he may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of [such] the vehicle to those limits permitted under NRS 484.745 to 484.757, inclusive [.] , and section 2 of this act. All materials so unloaded [shall] must be cared for by the carrier of [such] the material and [shall be cared for at the expense of the carrier.] at his expense. The officer or agent may allow the driver of the inspected vehicle to continue on his journey if any overload does not exceed by more than 5 percent the limitations prescribed by NRS 484.745 to 484.757, inclusive, and section 2 of this act, but the penalties provided in NRS 484.757 [shall be exercised] must be imposed for the overload violation.

      4.  Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the Nevada highway patrol or motor carrier field agent upon a weighing of the vehicle to stop and otherwise comply with the provisions of NRS 484.745 to 484.757, inclusive, [shall be] and section 2 of this act, is guilty of a misdemeanor.


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

ê1981 Statutes of Nevada, Page 221 (Chapter 111, SB 54)ê

 

provisions of NRS 484.745 to 484.757, inclusive, [shall be] and section 2 of this act, is guilty of a misdemeanor.

      Sec. 6.  NRS 484.757 is hereby amended to read as follows:

      484.757  1.  Every person convicted of a violation of any weight limitation provision of NRS 484.745 to 484.755, inclusive, and section 2 of this act, and every person, company, association or corporation, either personally or by his or its agent or employee, who is found guilty of violating any weight limitation of NRS 484.745 to 484.755, inclusive, [shall] and section 2 of this act, must be punished by a fine as specified in the following table:

 

                    Pounds of

                Excess Weight                                                                                                         Fine

 

  2,001– 2,500...............................................................................................          $20

  2,501– 3,000...............................................................................................            25

  3,001– 3,500...............................................................................................            30

  3,501– 4,000...............................................................................................            35

  4,001– 4,500...............................................................................................            40

  4,501– 5,000...............................................................................................            60

  5,001– 5,500...............................................................................................            80

  5,501– 6,000...............................................................................................          100

  6,001– 6,500...............................................................................................          120

  6,501– 7,000...............................................................................................          150

  7,001– 7,500...............................................................................................          175

  7,501– 8,000...............................................................................................          200

  8,001– 8,500...............................................................................................          225

  8,501– 9,000...............................................................................................          275

  9,001– 9,500...............................................................................................          325

  9,501–10,000...............................................................................................          375

10,001–10,500...............................................................................................          400

10,501–11,000...............................................................................................          425

11,001–11,500...............................................................................................          450

11,501–12,000...............................................................................................          475

12,001 and over.............................................................................................          500

 

      2.  The maximum fine under this section is $500.

      3.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      4.  Any bail allowed must not be less than the appropriate fine provided for in this section.

      Sec. 7.  1.  Section 2 of this act expires by limitation on July 1, 1986.

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 222ê

 

CHAPTER 112, AB 248

Assembly Bill No. 248–Committee on Legislative Functions

CHAPTER 112

AN ACT relating to group insurance for public officers and employees; making legislators eligible for participation in the state group insurance program at their own expense; and providing other matters properly relating thereto.

 

[Approved April 17, 1981]

 

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

 

      Section 1.  NRS 287.044 is hereby amended to read as follows:

      287.044  1.  A part of the cost of the monthly premiums of that group insurance, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. State participation in the cost of monthly premiums must not exceed the amounts specified in this subsection.

      2.  A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.

      Sec. 2.  NRS 287.045 is hereby amended to read as follows:

      287.045  1.  [Every state officer or employee who is employed on a permanent and full-time basis on July 1, 1963, shall be eligible immediately to participate in the state’s group insurance program.

      2.]  Except as provided in [subsection 3,] subsections 3 and 5, every officer or employee of the state [who commences his employment after July 1, 1963, shall be] is eligible to participate in [such] the program upon the completion of 90 days of full-time employment.

      3.  Professional employees of the University of Nevada System with annual employment contracts [shall be] are eligible to participate in [such] the program upon the effective dates of their respective employment contracts.

      4.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date [such] the agency enters into an agreement to participate in the state’s group insurance program, and every officer or employee who commences his employment after that date upon completion of 90 days of full-time employment, [shall be] is eligible to participate in the [state’s group insurance] program.

      5.  Every senator and assemblyman is eligible to participate in the program at any time after his term of office begins.

      Sec. 3.  NRS 287.046 is hereby amended to read as follows:

      287.046  1.  [Any] Except as provided in subsection 3, any state or other participating officer or employee who elects to participate in the state’s group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the state’s share of the cost of the premiums of the group insurance from money appropriated or authorized as provided in NRS 287.044.


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

ê1981 Statutes of Nevada, Page 223 (Chapter 112, AB 248)ê

 

group insurance from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the state’s group insurance program shall authorize deductions from their compensation for the payment of premiums on the insurance.

      2.  The personnel division of the department of administration shall pay $15 per month of the cost of the premiums of group insurance for persons retired from the service of the state who have continued to participate. The division shall agree through the committee on group insurance with the insurer for billing of remaining premiums to the retired participants.

      3.  A senator or assemblyman who elects to participate in the state’s group insurance program shall pay the entire premium for his insurance.

      Sec. 4.  NRS 287.047 is hereby amended to read as follows:

      287.047  If the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program:

      1.  Upon the termination of his employment other than by retirement, any state or other participating officer or employee, except a senator or assemblyman, may retain his membership in the state’s group insurance program [if the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program,] , but no part of the cost of the group insurance premiums may thereafter be paid by the department, agency, commission or public agency which employed the officer or employee.

      2.  Upon retirement from the service of the state, a participating state employee or legislator may retain his membership in the state’s group insurance program. [if the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies for the program.]

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 113, SB 50

Senate Bill No. 50–Committee on Finance

CHAPTER 113

AN ACT relating to forest nurseries; changing the method of setting the charges for plant materials distributed by the state forester firewarden; and providing other matters properly relating thereto.

 

[Approved April 17, 1981]

 

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

 

      Section 1.  NRS 528.095 is hereby amended to read as follows:

      528.095  “Production” means the propagation, maintenance, protection and distribution [, at cost of production,] of sufficient quantities of conservation plant materials to meet the purposes of NRS 528.091 to 528.140, inclusive.

      Sec. 2.  NRS 528.105 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 224 (Chapter 113, SB 50)ê

 

      528.105  1.  Any state nursery authorized by NRS 528.100 [shall] must be operated under management of the state forester firewarden and [shall] must propagate stock for uses as provided in this section.

      2.  The state forester firewarden may:

      (a) Purchase nursery stock, seed and other conservation plant materials.

      (b) Engage in seed, tree and plant development research.

      (c) Demonstrate methods of conservation plant material planting, propagation and landscaping to public or private organizations or individuals.

      (d) Distribute [, at cost of production,] conservation plant materials for planting on public property for the purposes of soil erosion control, windbreaks, noise abatement, reforestation, greenbelts, watershed protection, wildlife protection and beautification.

      (e) Distribute [, at cost of production,] conservation plant materials for planting on private property for the purposes of production of forest or woodlot products, reforestation, windbreaks, woodlots, shelterbelts, greenbelts and wildlife habitat.

      (f) Charge and collect for all plant materials distributed under paragraphs (d) and (e) in accordance with a fee schedule developed by him and approved by the director.

      3.  Conservation plant materials distributed by the state forester firewarden under the provisions of paragraph (e) of subsection 2 [shall] must be used only for the purposes therein set forth. The state forester firewarden may set by regulation the criteria for eligibility for distribution of plants under paragraph (e) of subsection 2.

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

 

________

 

 

CHAPTER 114, SB 171

Senate Bill No. 171–Committee on Government Affairs

CHAPTER 114

AN ACT relating to the state executive department; revising the criteria used in legislative review of executive agencies; and providing other matters properly relating thereto.

 

[Approved April 17, 1981]

 

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

 

      Section 1.  Chapter 232B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  In conducting its review of an agency, the legislative commission shall obtain, and consider in determining the need for the continued operation of the agency, answers to the following questions:

      1.  Is there a reasonable relationship between this exercise of the state’s police power and the protection of the public health, safety or welfare? Would the absence or reduction of regulation by this agency significantly harm or endanger the public health, safety or welfare?


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

ê1981 Statutes of Nevada, Page 225 (Chapter 114, SB 171)ê

 

      2.  Is there another, less restrictive, method of regulation which could adequately protect the public?

      3.  Does regulation have the effect of directly or indirectly increasing the cost of any goods or services involved and, if so, is the increase justified by the protection provided to the public?

      4.  Are any of the agency’s programs or objectives duplicated by other governmental agencies or nonprofit organizations or by private enterprise?

      Sec. 3.  After the legislative commission considers the answers to questions about the need for the agency, the legislative commission shall:

      1.  Obtain, and consider in determining whether the agency is operating efficiently, answers to the following questions:

      (a) Has the agency operated in the public interest? To what extent have the agency’s operations in the public interest been impeded or aided by existing statutes and by other circumstances, including its budget and personnel?

      (b) Has the agency handled formal complaints from the public concerning persons subject to its regulation efficiently and with dispatch?

      (c) Has the agency required or requested persons whom it regulates to assess problems which affect the public in the profession, business or occupation and to report the effect on the public of regulations and decisions of the agency, particularly regarding improvements in economy and quality of service?

      (d) Has the agency encouraged participation by the public in making regulations and carrying out its responsibilities?

      (e) Does the agency have or require the use of any unnecessary forms, reports or recordkeeping?

      2.  Obtain, and consider in determining whether the agency is operating effectively, answers to the following questions:

      (a) Are the regulatory statutes well constructed and free from ambiguity and redundancy?

      (b) Does the law provide clear objectives for the agency? Is the agency effectively achieving its statutory objectives and do the results reflect the intent of the law?

      (c) Has the agency recommended changes to the law which would benefit the public rather than the persons it regulates?

      (d) Do the regulations of the agency accurately reflect the intent of the legislature and are they in the least restrictive form?

      (e) Has the agency restricted the entry of qualified applicants? Has it permitted only qualified applicants to serve the public?

      Sec. 4.  1.  Once the legislative commission has obtained answers to the questions concerning the public’s need for an agency and the efficiency and effectiveness of its operation, the legislative commission shall determine whether its recommendation to the legislature should be that the agency be terminated, consolidated with another agency or continued.

      2.  If the legislative commission determines to recommend the termination of the agency, its recommendation must include suggestions for appropriate direct legislative action, if any, which is made necessary or desirable by the termination of the agency or by the absence of regulation by any other administrative agency.


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

ê1981 Statutes of Nevada, Page 226 (Chapter 114, SB 171)ê

 

      3.  If the legislative commission determines to recommend the consolidation or continuation of the agency, its recommendation must include suggestions for appropriate direct legislative action, if any, which would make the operation of the agency or its successor more efficient or effective.

      Sec. 5.  NRS 232B.040 is hereby amended to read as follows:

      232B.040  1.  The legislative commission shall conduct the reviews of agencies directed by the legislature [.] to determine whether each agency should be terminated, consolidated with another agency or continued. The legislative commission shall begin each review on July 1 of the second year preceding the scheduled date for terminating the agency.

      2.  The legislative commission shall determine the membership and method of appointment of committees or subcommittees appointed to carry out the reviews.

      3.  The legislative commission shall transmit its review and recommendations to the legislature at the beginning of its next regular session.

      Sec. 6.  NRS 232B.050 is hereby amended to read as follows:

      232B.050  [1.  The legislative commission and the legislative counsel bureau shall conduct a review of the need for and the efficiency of each agency which is to be terminated, beginning on July 1 of the second year preceding the scheduled date of termination.

      2.  The legislative commission shall conduct public hearings for the purpose of obtaining comments on, and may require the legislative counsel bureau to submit reports on, the need for the continued operation of an agency, and its efficiency.

      3.  In conducting its review of any agency, the legislative commission shall determine whether the agency is:

      (a) Complying with requirements for affirmative action.

      (b) Operating in the public interest.

      (c) Recommending statutory changes which will benefit the general public.

      (d) Requiring reports to show the effect of its operations on the general public regarding improvement, economy and availability of service.

      (e) Encouraging and permitting participation by the general public when it proposes regulations or adopts them.

      (f) Disposing effectively with complaints filed with the agency.

      4.]  As part of the [consideration] review of each agency, the legislative commission shall [include] obtain and consider the agency’s:

      [(a)]1.  Statement of its objectives and programs.

      [(b)]2.  Conclusion concerning the effectiveness of its objectives and programs.

      [(c)]3.  Recommendations for statutory changes which are necessary for the agency to carry out its objectives and programs.

      [(d)]4.  Evaluation of its objectives and programs for the ensuing fiscal year.

      [5.  In conducting its review of a regulatory agency, the legislative commission shall, after complying with the requirements of subsections 3 and 4, consider the need for the continued operation of the agency by obtaining answers to the following questions:

      (a) Would the absence of regulation significantly harm or endanger the public health, safety or welfare?


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

ê1981 Statutes of Nevada, Page 227 (Chapter 114, SB 171)ê

 

      (b) Is there a reasonable relationship between the exercise of the state’s police power and the protection of the public health, safety or welfare?

      (c) Is there another, less restrictive, method of regulation which could adequately protect the public?

      (d) Does regulation have the effect of directly or indirectly increasing the cost of any goods or services involved and, if so, to what degree?

      (e) Is the increase in cost, if any, more harmful to the public than the harm which could result from the absence of regulation?

      (f) Is the entire regulatory process designed solely for the purpose of, and does it have as its primary effect, the protection of the public?

      6.  If the legislative commission finds that the answers to questions about the need for the agency are generally affirmative, it shall determine whether the agency is operating efficiently by applying the following criteria:

      (a) The agency has permitted qualified applicants to serve the public;

      (b) Requirements of state and federal law for affirmative action have been met by the agency and the industry or profession which it regulates;

      (c) The agency has operated in the public interest, and the extent to which its operation in the public interest has been impeded or aided by existing statutes and by other circumstances, including budget and personnel matters;

      (d) The agency has recommended changes to the statutes which would benefit the public rather than the persons it regulates;

      (e) The agency has required the persons whom it regulates to report the effect of regulations and decisions of the agency on the public, particularly regarding improvements in economy and quality of service;

      (f) Persons regulated by the agency have been required to assess problems in the industry or profession which affect the public;

      (g) The agency has encouraged participation by the public in making its regulations, as opposed to encouraging participation only by the persons it regulates; and

      (h) The agency handles formal complaints from the public concerning persons subject to its regulation efficiently and with dispatch.]

      Sec. 7.  NRS 232B.060 is hereby amended to read as follows:

      232B.060  1.  The legislative commission shall conduct public hearings for the purpose of obtaining comments on, and may require the legislative counsel bureau to submit reports on, the need for the continued operation of an agency, and its efficiency and effectiveness.

      2.  At any hearing held [to determine whether an agency should be terminated, consolidated with another agency or continued,] under this chapter, information may be presented by:

      (a) Members of the general public;

      (b) Any person who is regulated by the agency; and

      (c) Representatives of the agency.

      [2.]3.  The legislative commission shall consider any report submitted to it by the legislative counsel bureau.

      [3.]4.  An agency has the burden of proving that there is a public need for its continued existence or regulatory function.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 228ê

 

CHAPTER 115, AB 354

Assembly Bill No. 354–Committee on Ways and Means

CHAPTER 115

AN ACT relating to the fund for industrial development in certain counties; requiring the interest earned by its investment to be credited to it; authorizing the interim finance committee to allocate from it during sessions of the legislature; accelerating its termination; and providing other matters properly relating thereto.

 

[Approved April 20, 1981]

 

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

 

      Section 1.  NRS 356.087 is hereby amended to read as follows:

      356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.

      2.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of total deposits of state money pursuant to the provisions of this chapter which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;

      (b) Apply such proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

      (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).

      3.  The proportionate shares of the interest earned and received by:

      (a) The dairy commission fund;

      (b) The legislators’ retirement fund;

      (c) The public employees’ retirement fund;

      (d) The state permanent school fund;

      (e) The silicosis and disabled pension fund;

      (f) The wildlife account; [and]

      (g) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible [,] ; and

      (h) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979,

must be accounted for as separate income and assets of those respective funds and account.

      Sec. 2.  NRS 218.6822 is hereby amended to read as follows:

      218.6822  1.  There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature.


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

ê1981 Statutes of Nevada, Page 229 (Chapter 115, AB 354)ê

 

the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.

      2.  The interim finance committee, except as provided in subsection 3, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.

      3.  The interim finance committee may exercise its powers at all times for the purpose of performing the duties imposed on it by NRS 353.220, 353.224 and 353.335 [.] and chapter 621, Statutes of Nevada 1979.

      4.  The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.

      5.  In all matters requiring action by the interim finance committee, the vote of the assembly and senate members shall be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.

      6.  Except during a regular or special session of the legislature, each member of the interim finance committee is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided by law. All such compensation must be paid from the contingency fund in the state treasury.

      Sec. 3.  Section 4 of chapter 621, Statutes of Nevada 1979, at page 1337, is hereby amended to read as follows:

 

       Sec. 4.  After June 30, [1984,] 1981, the uncommitted balance of the appropriation made in section 1 of this act shall not be committed and [shall revert] after all money committed has been disbursed or the commitment by its terms has lapsed, any remaining balance reverts to the state general fund.

 

      Sec. 4.  This act shall become effective upon passage and approval, and governs all interest earned on the fund for industrial development in counties having a population of 25,000 or less after December 31, 1980.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 230ê

 

CHAPTER 116, SB 86

Senate Bill No. 86–Senators Jacobsen, Getto and Neal

CHAPTER 116

AN ACT relating to radioactive, chemical and other hazardous materials; providing for the regulation of their transport and disposal; clarifying the respective power to adopt regulations respecting nuclear affairs of the state board of health and the health division of the department of human resources; providing penalties; and providing other matters properly relating thereto.

 

[Approved April 20, 1981]

 

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

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  A shipper or producer of radioactive waste, or a broker who receives such waste from another person for the purpose of disposal, shall not dispose of the waste in this state until he obtains a license from the health division to use the disposal area. The health division shall order a shipment of such waste from an unlicensed shipper or broker to be returned to him, except for a package which has leaked or spilled its contents, unless the package has been securely repackaged for return.

      2.  The health division shall issue a license to use a disposal area to a shipper or broker who demonstrates to the satisfaction of the division that he will package and label the waste he transports or causes to be transported to the disposal area in conformity with the regulations of the state board of health. The director of the department of human resources may designate third parties to inspect and make recommendations concerning such shippers and brokers and their shipments.

      3.  A shipper or broker violates this section if he transports or causes to be transported to a disposal area any such waste:

      (a) Which is not packaged or labeled in conformity with regulations of the state board of health;

      (b) Which is not accompanied by a bill of lading or other shipping document prescribed by that board; or

      (c) Which leaks or spills from its package, unless, by way of affirmative defense, the shipper or broker proves that the carrier of the waste was responsible for the leak or spill,

and if licensed by the health division, he may be assessed an administrative penalty by the health division of not more than $2,500, or if not licensed, he is guilty of a misdemeanor.

      4.  Each container of such waste which is not properly packaged or labeled, or leaks or spills its contents, constitutes a separate violation, but the total amount of the penalty or fine for any one shipment must not exceed $10,000. The health division in assessing an administrative penalty, or the court in imposing a fine for a misdemeanor violation, shall consider the substantiality of the violation and the injury or risk of injury to persons or property in this state.

      5.  The health division, or the board pursuant to NRS 459.100, may suspend or revoke a license to use a disposal area if it finds that the licensee has violated any provision of this chapter. If a license has been revoked or suspended, it may be reinstated only if the licensee demonstrates to the health division that he will comply with the provisions of this chapter in all future shipments of waste.


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

ê1981 Statutes of Nevada, Page 231 (Chapter 116, SB 86)ê

 

revoked or suspended, it may be reinstated only if the licensee demonstrates to the health division that he will comply with the provisions of this chapter in all future shipments of waste.

      Sec. 3.  1.  A person who is employed at an area used for the disposal of radioactive waste and removes from the disposal area any of that waste, or without prior written authorization from the state health officer removes from the disposal area for his own personal use any machinery or equipment belonging to the operator of the area and used within the area where the waste is buried, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  If a person who violates this section is employed by the operator of the disposal area, the operator may be assessed an administrative penalty of not more than $10,000, in addition to any other penalty provided by law.

      Sec. 4.  1.  Inspectors and peace officers of the motor carrier division of the department of motor vehicles, the public service commission of Nevada and the Nevada highway patrol shall enforce those provisions of sections 2 and 13 of this act which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the state board of health.

      2.  The inspector or peace officer may:

      (a) Impound a vehicle with unsafe equipment; or

      (b) Detain a vehicle, if any such waste has leaked or spilled from its package or if he has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the health division of the department of human resources, pending remedial action by that division.

      3.  After a vehicle has been so detained, an officer designated by the health division of the department of human resources may order:

      (a) The vehicle to be impounded;

      (b) The leaked or spilled waste to be cleaned up;

      (c) The contents of any unsafe or leaking package to be repackaged; or

      (d) Any other appropriate precaution or remedy,

at the expense of the shipper or broker, carrier or other person who is responsible as determined by the health division of the department of human resources.

      Sec. 5.  All administrative penalties assessed by the health division and penal fines imposed in the name of a county for violations of the provisions of NRS 459.010 to 459.160, inclusive, and sections 2 to 6, inclusive, of this act or any regulation or order adopted or issued under them, must be deposited in the trust fund for the care of sites for the disposal of radioactive waste.

      Sec. 6.  1.  There is hereby created in the state treasury a trust fund for the care of sites for the disposal of radioactive waste. The director of the department of human resources is responsible for administration of the trust fund. All money held by the state treasurer or received by the director for that purpose must be deposited in the trust fund.


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

ê1981 Statutes of Nevada, Page 232 (Chapter 116, SB 86)ê

 

      2.  The money in the trust fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the trust fund must be credited to the trust fund.

      3.  The director may expend the annual income from the trust fund for the purpose for which the trust fund is created, and any income of the fund which is unexpended at the end of any year must be added to the principal of the fund. The principal of the fund may be expended if approved by the legislature when in regular session or by the interim finance committee when the legislature is not in session. Claims against the fund must be paid as other claims against the state are paid.

      Sec. 7.  NRS 459.030 is hereby amended to read as follows:

      459.030  For the protection of public health and safety, the health division shall:

      1.  Develop and conduct programs for the evaluation of hazards associated with the use of sources of ionizing radiation.

      2.  Develop programs and formulate, [adopt and promulgate rules and regulations,] with due regard for compatibility with federal programs, [for:] regulations for adoption by the state board of health regarding:

      (a) Licensing and regulation of byproduct materials, source materials, special nuclear materials and other radioactive materials [.] , including radioactive waste.

      (b) Control of other sources of ionizing radiation.

      3.  [Formulate, adopt and promulgate] Adopt such [additional rules and] regulations as may be necessary to administer the provisions of NRS 459.010 to 459.160, inclusive.

      4.  Collect and disseminate information relating to control of sources of ionizing radiation, including:

      (a) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations.

      (b) Maintenance of a file of registrants possessing sources of ionizing radiation which require registration under the provisions of NRS 459.010 to 459.160, inclusive, such file to include a record of any administrative or judicial action pertaining to such registrants.

      (c) Maintenance of a file of all [rules and] regulations, pending or promulgated, relating to the regulation of sources of ionizing radiation, and any proceedings pertaining to [such rules and] the regulations.

      Sec. 8.  NRS 459.040 is hereby amended to read as follows:

      459.040  1.  The state board of health shall [provide by rule or regulation] , with due regard for compatibility with federal programs, adopt regulations for:

      (a) General or specific licensing of persons to receive, possess or transfer radioactive materials, or devices or equipment utilizing such materials. Every such [rule or] regulation shall provide for amendment, suspension or revocation of licenses.

      (b) Licensing and regulation of byproduct materials, source materials, special nuclear materials and other radioactive materials [.] , including radioactive waste.

      (c) Control of other sources of ionizing radiation.

      2.  The health division of the department of human resources may require:


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

ê1981 Statutes of Nevada, Page 233 (Chapter 116, SB 86)ê

 

      (a) Registration and inspection of sources of ionizing radiation which do not require specific licensing.

      (b) Compliance with specific standards to be promulgated by the state board of health.

      3.  The state board of health may exempt certain sources of ionizing radiation, or kinds of uses or users of such sources, from the licensing or registration requirements set forth in this section if the board makes a finding that the exemption of such sources of ionizing radiation, or kinds of uses or users of such sources, will not constitute a significant risk to the health and safety of the public.

      4.  [Rules and regulations] Regulations promulgated pursuant to NRS 459.010 to 459.160, inclusive, may provide for recognition of such other state or federal licenses as the state board of health may consider desirable, subject to such registration requirements as the state board of health may prescribe.

      Sec. 9.  NRS 459.045 is hereby amended to read as follows:

      459.045  The state board of health [may] shall establish by regulation:

      1.  License fees and any other fees for the [use] operation of state-owned [disposal] areas in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of radioactive materials and chemical wastes. The person who contracts with the state for the [use] operation of such an area is responsible for the payment of these fees.

      2.  Procedures for the collection of interest on delinquent fees and other accounts for the [use] operation of disposal areas.

      3.  Penalties of no more than $3,000 per day for each separate failure to comply with [a license or agreement or $25,000 for any 30-day period for all such failures.] an agreement, license, regulation or statute governing the operation of a disposal area.

      4.  License fees and other fees for the use of such an area to store or dispose of radioactive materials, which are chargeable against shippers or brokers in amounts sufficient to defray the costs to the state of inspecting, monitoring, securing or otherwise regulating their use of the area. In addition, the board may establish by regulation a fee chargeable against shippers and brokers for revenue for the State of Nevada. Before establishing a fee for revenue, the board must consider the amounts of the fees for licensing and disposal which are chargeable against the users of such areas in other states, in order that a shipper or broker be neither encouraged nor discouraged from disposing of such waste in this state, and that he base his decision about where to dispose of the waste primarily on the cost of transportation to the areas which are available for disposal. The regulations adopted pursuant to this subsection may include a method for the collection of fees from the users of an area, and each of the fees may be a percentage of the fee paid by a user to the operator of the area. The board shall report to the legislature at the end of January of odd-numbered years the amounts of revenue paid to the state for the use of such areas in the preceding biennium.

      Sec. 10.  NRS 408.125 is hereby amended to read as follows:

      408.125  The board may:


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

ê1981 Statutes of Nevada, Page 234 (Chapter 116, SB 86)ê

 

      1.  Adopt such rules, bylaws, motions and resolutions, not inconsistent with this chapter, as may be necessary to govern the administration, activities and proceedings of the department.

      2.  On behalf of the State of Nevada, enter into agreements with any adjoining state, or any proper agency of such state, for the construction, reconstruction, improvement, operation and maintenance by any party to such agreement, in such manner and by such means as may be provided in the agreement, of bridges over interstate waters, and may enter into like agreements with respect to construction, reconstruction, improvement, operation and maintenance of highways within the State of Nevada or such adjoining state, when such highways are at or near the common boundary of the states.

      3.  Authorize the department to join associations of highway officials of other states and other organizations which have been heretofore or may hereafter be established, having as their purpose the interchange of information, establishment of standards and policies relating to highway construction, reconstruction, improvement, maintenance and administration.

      4.  Designate by regulation alternative routes for the transport of radioactive, chemical or other hazardous materials over the highways or county roads of this state, in lieu of the preferred highways for such transport designated by the United States Department of Transportation, or approve alternative routes set forth in a proposed county or city ordinance if the regulation or ordinance does not conflict with the standards for alternative routes established by the United States Department of Transportation.

      Sec. 11.  NRS 484.773 is hereby amended to read as follows:

      484.773  The department of motor vehicles shall adopt reasonable regulations providing for:

      1.  Minimum binder requirements to secure loads on vehicles against dangerous displacement and governing the loading and securement of loads for transportation over public highways by vehicles [.] , except loads containing radioactive waste.

      2.  Safety chains and cables for combinations of vehicles.

      Sec. 12.  NRS 484.779 is hereby amended to read as follows:

      484.779  1.  Except as provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:

      (a) Regulating or prohibiting processions or assemblages on the highways.

      (b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

      (c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.

      (d) Designating truck routes.

      (e) Regulating the operation of bicycles and requiring the registration and licensing thereof.

      (f) Adopting such other traffic regulations as are specifically authorized by this chapter.


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

ê1981 Statutes of Nevada, Page 235 (Chapter 116, SB 86)ê

 

      2.  An ordinance relating to traffic control enacted under this section is not effective until official traffic-control devices giving notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.

      3.  An ordinance enacted under this section is not effective with respect to [highways] :

      (a) Highways constructed and maintained by the department of transportation under the authority granted by chapter 408 of NRS; or

      (b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,

until the ordinance has been approved by the board of directors of the department of transportation.

      Sec. 13.  Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  No common, contract or private motor carrier of property may transport radioactive waste upon the highways of this state unless he obtains from the commission a permit specifically allowing him to transport radioactive waste. An interstate common or contract carrier must register with the commission the certificate issued to him by the Interstate Commerce Commission when he applies for such a permit.

      2.  The commission shall issue a permit to a carrier allowing him to transport radioactive waste if the carrier:

      (a) Registers his certificate issued by the Interstate Commerce Commission and complies with the regulations of the public service commission respecting the registration of interstate carriers; or

      (b) Demonstrates to the satisfaction of the public service commission that he complies and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transport of radioactive waste and the safety of drivers and vehicles.

      3.  A carrier of radioactive waste shall reject any package containing such waste which is tendered to him for transport in this state if the package is leaking or spilling its contents, or does not bear a shipping label or is not accompanied by a bill of lading or other shipping document in a form prescribed by the regulations of the state board of health. A carrier who accepts such waste for transport in this state is liable for any package in his custody which leaks or spills its contents, does not bear the required shipping label or is not accompanied by the required shipping documents, unless, in the case of a leak or spill of such waste and by way of affirmative defense, the carrier proves that he did not and could not know of the leak when he accepted the package for transport.

      4.  A carrier of radioactive waste shall notify the commission not less than 4 nor more than 48 hours before he begins to transport the waste in this state.

      5.  A carrier need not obtain the permit required by this section if he has been exempted from licensing by the health division of the department of human resources because he transports only radioactive waste the possession of which has been exempted from licensure pursuant to the regulations of the state board of health.

      6.  The commission may revoke a certificate issued pursuant to this chapter, and shall revoke a permit to transport radioactive waste issued pursuant to this section, or in the case of a carrier whose certificate is issued by the Interstate Commerce Commission it may file a complaint with that commission, if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.


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

ê1981 Statutes of Nevada, Page 236 (Chapter 116, SB 86)ê

 

pursuant to this section, or in the case of a carrier whose certificate is issued by the Interstate Commerce Commission it may file a complaint with that commission, if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.

      Sec. 14.  NRS 356.087 is hereby amended to read as follows:

      356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.

      2.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of total deposits of state money pursuant to the provisions of this chapter which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;

      (b) Apply such proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

      (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).

      3.  The proportionate shares of the interest earned and received by:

      (a) The dairy commission fund;

      (b) The legislators’ retirement fund;

      (c) The public employees’ retirement fund;

      (d) The state permanent school fund;

      (e) The silicosis and disabled pension fund;

      (f) The wildlife account;

      (g) The trust fund for the care of sites for the disposal of radioactive waste;

      (h) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible; and

      [(h)](i) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979,

must be accounted for as separate income and assets of those respective funds and account.

      Sec. 15.  Section 4 of chapter 374, Statutes of Nevada 1961, at page 757, as amended by chapter 43, Statutes of Nevada 1977, at page 112, is hereby amended to read as follows:

 

       Sec. 4.  1.  The director of the department of human resources may enter into agreements relating to any of the lands described in section 2 of this act for the purpose of providing areas to dispose of low-level radioactive and hazardous chemical waste materials by burial, and for related purposes.


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

ê1981 Statutes of Nevada, Page 237 (Chapter 116, SB 86)ê

 

       2.  No such agreement may extend for more than 99 years.

       3.  All lands used as provided in subsection 1 shall be closed to the public, in a manner which the director of the department of human resources shall prescribe, during the term of the lease or agreement and thereafter until all danger to public health arising from such use no longer exists.

       4.  Regulations adopted by the state board of health for the control of disposal sites immediately become part of each agreement entered into [or renewed after the adoption of the regulations.] pursuant to subsection 1.

 

      Sec. 16.  The provisions of this act are not intended to discourage or inhibit the mining, milling and disposal of uranium ores and the resulting wastes.

      Sec. 17.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 117, AB 289

Assembly Bill No. 289–Committee on Government Affairs

CHAPTER 117

AN ACT relating to boards of county commissioners; requiring each board to elect a vice chairman; and providing other matters properly relating thereto.

 

[Approved April 22, 1981]

 

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

 

      Section 1.  NRS 244.070 is hereby amended to read as follows:

      244.070  1.  The county commissioners shall elect one of their number as chairman of the board [.] and another of their number as vice chairman of the board.

      2.  The county clerk shall be clerk of the board.

      Sec. 2.  NRS 244.090 is hereby amended to read as follows:

      244.090  1.  Except as provided in subsections 4 and 5, special meetings may be called by the chairman or, in his absence, by the vice chairman whenever there is sufficient business to come before the board, or upon the written request of a majority of the board.

      2.  The clerk of the board shall give written notice of each special meeting to each member of the board by personal delivery of the notice of the special meeting to each member at least 1 day before the meeting or by mailing the notice to each member’s place of residence in the county or by deposit in the United States mails, postage prepaid, at least 4 days before the meeting.

      3.  The notice [shall] must specify the time, place and purpose of the meeting. If all of the members of the board are present at a special meeting, lack of notice [shall] does not invalidate the proceedings.

      4.  When there is in any county, township or precinct office no officer [duly] authorized to execute the duties [thereof,] of that office, and it is necessary that a temporary appointment be made to fill [such] the office, as otherwise provided by law, the board of county commissioners [is authorized and empowered to, and the board] shall forthwith [,] hold a special meeting for [such] that purpose.


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

ê1981 Statutes of Nevada, Page 238 (Chapter 117, AB 289)ê

 

office, as otherwise provided by law, the board of county commissioners [is authorized and empowered to, and the board] shall forthwith [,] hold a special meeting for [such] that purpose. The meeting may be held by unanimous consent of the board, or, if for any cause [such] unanimous consent cannot be obtained, then the chairman or any other member of the board having knowledge of [such] the necessity shall forthwith call [such] the special meeting and notify the other members [thereof.] of the meeting. The meeting [shall] must be held as soon as practicable, but not less than 3 days, except by unanimous consent, after actual notice to all members of the board, whereupon a majority [thereof] of the board shall proceed to act upon [such] the appointment as provided by law.

      5.  The board shall also meet after each general election to canvass election returns in the manner provided by law.

 

________

 

 

CHAPTER 118, AB 290

Assembly Bill No. 290–Committee on Government Affairs

CHAPTER 118

AN ACT relating to county recorders; eliminating the requirement to record certificates of birth and death in county; and providing other matters properly relating thereto.

 

[Approved April 22, 1981]

 

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

 

      Section 1.  NRS 247.120 is hereby amended to read as follows:

      247.120  1.  Each county recorder must, upon the payment of the prescribed statutory fees, [for the same,] record separately, in a fair hand, or typewriting, or by filing or inserting a microfilm picture or photostatic copy thereof, the following specified instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:

      (a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.

      (b) Certificates of marriage and marriage contracts.

      (c) Wills admitted to probate.

      (d) Official bonds.

      (e) Notice of mechanics’ liens.

      (f) Transcripts of judgments, which by law are made liens upon real estate in this state.

      (g) Notices of attachment upon real estate.

      (h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.

      (i) Instruments describing or relating to the separate property of married persons.

      (j) Notice of preemption claims.


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

ê1981 Statutes of Nevada, Page 239 (Chapter 118, AB 290)ê

 

      (k) [Births and deaths.

      (1)] Notices and certificates of location of mining claims.

      [(m)](l) Affidavits or proof of annual labor on mining claims.

      [(n)](m) Certificates of sale.

      [(o)](n) Judgments or decrees.

      [(p)](o) Declarations of homesteads.

      [(q)](p) Such other writings as are required or permitted by law to be recorded.

      2.  Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.

      3.  Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by photographic or photostatic methods. Where any rights might be adversely affected because of delay in recording caused by [such a] this requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.

 

________

 

 

CHAPTER 119, AB 291

Assembly Bill No. 291–Committee on Government Affairs

CHAPTER 119

AN ACT relating to local government purchasing; allowing governing bodies to provide maintenance service for vehicles owned by certain agencies and organizations; and providing other matters properly relating thereto.

 

[Approved April 22, 1981]

 

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

 

      Section 1.  NRS 332.220 is hereby amended to read as follows:

      332.220  1.  A governing body may provide maintenance services for vehicles which belong to, and may purchase motor vehicle fuel to sell to [any] :

      (a) Any public agency or organization which is supported by tax money [, and to any] ; and

      (b) Any private agency or organization which is incorporated as a nonprofit corporation pursuant to chapter 81 of NRS, [to use]

and which uses the vehicles and fuel in specially providing transportation to the elderly or handicapped.

      2.  The governing body shall establish regulations for determining the eligibility of applicants for maintenance services and fuel pursuant to this section.

      3.  The costs of all maintenance services and fuel provided pursuant to this section must be paid for by the agency or organization which receives the service or fuel.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 240ê

 

CHAPTER 120, AB 3

Assembly Bill No. 3–Assemblyman Banner

CHAPTER 120

AN ACT relating to doing business under a fictitious name; limiting the use of fictitious corporate names; permitting earlier destruction of certificates of fictitious names; and providing other matters properly relating thereto.

 

[Approved April 22, 1981]

 

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

 

      Section 1.  Chapter 602 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  No person may adopt any fictitious name which includes “Corporation,” “Corp.,” “Incorporated,” or “Inc.” in its title, unless that person is a corporation organized or qualified to do business pursuant to the laws of this state.

      2.  No county clerk may accept for filing a certificate which violates any provision of this chapter.

      Sec. 2.  NRS 239.110 is hereby amended to read as follows:

      239.110  1.  The clerk of the supreme court, a county clerk, clerk of a justice’s court or clerk of a municipal court may destroy all documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the supreme court, district court, justice’s court or municipal court, respectively, or otherwise filed in his office pursuant to law, including transcripts of coroners’ inquests and depositions, if the records of the clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:

      (a) When the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; and

      (b) Minutes of the supreme court, district court, justice’s court or municipal court [and] , affidavits supporting applications for marriage licenses, after such licenses have been issued, and certificates of fictitious names of businesses may be destroyed immediately subject to the provisions of subsections 2 and 3.

      2.  The clerk shall maintain for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the clerk and properly indexed. This print or copy shall be deemed to be the original.

      3.  The clerk shall promptly seal and store at least one original negative of each microphotographic film and in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement or destruction.

      Sec. 3.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 241ê

 

CHAPTER 121, SB 223

Senate Bill No. 223–Committee on Judiciary

CHAPTER 121

AN ACT relating to executors of estates; enlarging the power of executors to designate substitutes, alternates and coexecutors; and providing other matters properly relating thereto.

 

[Approved April 22, 1981]

 

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

 

      Section 1.  NRS 138.045 is hereby amended to read as follows:

      138.045  1.  Any person who is named as executor under a will, either alone or with another or others, who is not incompetent by virtue of NRS 138.020, may appoint a substitute if:

      (a) The person so named is unwilling or unable [by reason of absence from the state or other personal reason] to undertake or continue the execution of the will; and

      (b) The testator has not designated an alternate to serve in place of the named executor, or [such] that alternate is unwilling or unable to serve.

      2.  A person named as alternate executor who is not incompetent by virtue of NRS 138.020 may appoint a substitute if:

      (a) The named alternate is unwilling or unable to [serve;] undertake or continue the execution of the will; and

      (b) A named executor is incompetent or has not designated a substitute [.] within 30 days after being notified that the named alternate is unwilling or unable to serve.

      3.  Any person who alone is named as the executor under a will and is not incompetent may appoint a coexecutor if:

      (a) The person so named is unwilling or unable to undertake or continue the sole execution of the will; and

      (b) The testator has not designated an alternate to serve in place of the named executor, or that alternate is unwilling or unable to serve.

      [3.]4.  The substitute [,] or coexecutor, unless otherwise disqualified under this chapter, is entitled to letters testamentary in like manner as if he had been named in the will.

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 242ê

 

CHAPTER 122, AB 43

Assembly Bill No. 43–Committee on Taxation

CHAPTER 122

AN ACT relating to taxation; requiring the department of taxation to designate an agent for the collection of use taxes on vehicles; further limiting the designation of county assessors as agents of the department of motor vehicles; and providing other matters properly relating thereto.

 

[Approved April 22, 1981]

 

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

 

      Section 1.  NRS 482.160 is hereby amended to read as follows:

      482.160  1.  The director may adopt and enforce such administrative regulations as may be necessary to carry out the provisions of this chapter.

      2.  The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The director shall designate the county assessor of each county with a population of less than [100,000] 30,000 as agent to assist in carrying out the duties of the department in that county.

      3.  The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates [shall] must provide for compensation based upon the reasonable value of the services of the agent but [shall] may not exceed $1 for each registration.

      Sec. 2.  NRS 482.180 is hereby amended to read as follows:

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

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

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

      4.  The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agent during the preceding month, and that money must be distributed monthly as provided in subsection 5.

      5.  The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. The amount attributable to the debt service of each school district must be included in the allocation made to each county government. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455, except that the tax rate for school districts is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978.


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

ê1981 Statutes of Nevada, Page 243 (Chapter 122, AB 43)ê

 

product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455, except that the tax rate for school districts is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

      6.  Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

Carson City...............       1.07 percent                Lincoln.....................       3.12 percent

Churchill....................       5.21 percent                Lyon.........................       2.90 percent

Clark...........................    22.54 percent                Mineral........................... 2.40 percent

Douglas......................       2.52 percent                Nye............................       4.09 percent

Elko............................    13.31 percent                Pershing....................       7.00 percent

Esmeralda.................       2.52 percent                Storey.......................         .19 percent

Eureka........................       3.10 percent                Washoe....................    12.24 percent

Humboldt..................       8.25 percent                White Pine................       5.66 percent

Lander........................       3.88 percent

 

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

      7.  As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of [100,000] 30,000 or more and 1 percent from counties having a population of less than [100,000.] 30,000.

      8.  When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 3.  NRS 482.225 is hereby amended to read as follows:

      482.225  1.  [Whenever] When application is made to the department for registration of a vehicle purchased outside the state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department shall notify the representative of the department of taxation or its agent of the owner’s or registrant’s intent to register that vehicle. The representative of the department of taxation or its agent shall determine and collect any use tax due, and shall remit the taxes he collects to the department of taxation.

      2.  If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of that vehicle, it [shall be] is presumed that the vehicle was purchased for use within the state and the representative or agent of the department of taxation shall collect [such] the tax and remit it to the department of taxation.


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

ê1981 Statutes of Nevada, Page 244 (Chapter 122, AB 43)ê

 

      3.  Until notified by the representative of the department of taxation or its agent of payment of or exemption from the tax, the department shall refuse to register the vehicle.

      4.  In counties with a population of [100,000] 30,000 or more, where the department has established branch offices, [space shall be provided by the department for a representative of the department of taxation, who shall determine and collect the] the department of taxation shall designate the department of motor vehicles as its agent for the collection of use tax on vehicles as provided in subsections 1 and 2. In any county with a population of less than [100,000,] 30,000, the department of taxation [may] shall designate the county assessor, the department or the agent of the department as the agent of the department of taxation for the collection of use tax.

      5.  [For purposes of collection of use tax under the provisions of chapter 372 of NRS, the department of taxation may designate the department as agent.

      6.]  If the [taxpayer can controvert] registrant or owner desires to refute the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the representative of the department of taxation, and [must substantiate] then may submit his claim for exemption [by a statement] in writing, signed by [the registrant or owner,] him or his authorized representative, [and forward the statement] to the department of taxation together with his claim for refund of tax erroneously or illegally collected.

      [7.]6.  If the department of taxation finds that the tax has been erroneously or illegally collected, the tax [shall] must be refunded as provided in NRS 372.630 to 372.720, inclusive.

      Sec. 4.  NRS 371.107 is hereby amended to read as follows:

      371.107  The county assessor of each county with a population of [100,000] 30,000 or more is designated as an agent to assist the department in administering the exemptions provided in this chapter, and shall, after establishing the validity of an application for an exemption, issue a certificate for use by the department to allow a claimant the appropriate exemption on his vehicle.

      Sec. 5.  NRS 371.125 is hereby amended to read as follows:

      371.125  The county assessor of each county with a population of less than [100,000] 30,000 is designated as agent to assist in the collection of the tax required to be levied under this chapter. The county assessor of each county is designated as agent to assist the department in administering the exemptions provided in this chapter.

 

________


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

ê1981 Statutes of Nevada, Page 245ê

 

CHAPTER 123, AB 40

Assembly Bill No. 40–Assemblyman Vergiels

CHAPTER 123

AN ACT relating to handicapped minors; revising the classification and the terminology applied to them; and providing other matters properly relating thereto.

 

[Approved April 23, 1981]

 

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

 

      Section 1.  NRS 388.520 is hereby amended to read as follows:

      388.520  1.  The state board of education shall prescribe minimum standards for the special education of handicapped minors.

      2.  Prescribed minimum standards must include standards for programs of instruction or special services maintained for the purpose of serving minors who:

      (a) Are aurally handicapped.

      (b) Are visually handicapped.

      (c) Are physically handicapped.

      (d) Have speech handicaps.

      (e) Are mentally handicapped.

      (f) [Are educationally handicapped, and these standards must also give appropriate consideration to emotional disturbances related to the educational handicaps.

      (g)] Have multiple handicaps. [, and these standards must give appropriate consideration to each of the handicapping conditions.]

      (g) Are seriously emotionally handicapped.

      (h) Are academically talented.

      (i) Have learning disabilities.

      3.  No apportionment of state funds may be made to any school district for the instruction of handicapped minors until the program of instruction maintained therein for such handicapped minors is approved by the superintendent of public instruction as meeting the prescribed minimum standards.

 

________

 

 

CHAPTER 124, AB 254

Assembly Bill No. 254–Assemblyman Barengo

CHAPTER 124

AN ACT relating to court reporters; allowing the appointment of an artificial person as a court reporter; and providing other matters properly relating thereto.

 

[Approved April 23, 1981]

 

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

 

      Section 1.  NRS 3.320 is hereby amended to read as follows:

      3.320  1.  The judge or judges of any district court may appoint, subject to the provisions of this chapter and other laws as to the qualifications and examinations of [such] the appointee, one certified shorthand reporter, to be known as official reporter of [such] the court or department and to hold office during the pleasure of the judge appointing him.


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

ê1981 Statutes of Nevada, Page 246 (Chapter 124, AB 254)ê

 

reporter, to be known as official reporter of [such] the court or department and to hold office during the pleasure of the judge appointing him. The appointee may be any business organization if the person representing it, who actually performs the reporting service, is a certified shorthand reporter.

      2.  The official reporter, or any one of them where there are two or more, shall, at the request of either party or of the court in a civil action or proceeding, and on the order of the court, the district attorney or the attorney for the defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, and all statements and remarks made by the district attorney or judge, and all oral instructions given by the judge; and, if directed by the court or requested by either party, must, within such reasonable time after the trial of such case as may be designated by law or, in the absence of any law relating thereto, by the court, write out the [same,] shorthand copy, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter or other printing machine, and certify to [the same] that copy as being correctly reported and transcribed, and, when directed by the law or court, file [the same] it with the clerk of the court.

 

________

 

 

CHAPTER 125, AB 301

Assembly Bill No. 301–Assemblyman Banner

CHAPTER 125

AN ACT relating to public employees; broadening the eligibility requirements to retain group insurance upon retirement; and providing other matters properly relating thereto.

 

[Approved April 23, 1981]

 

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

 

      Section 1.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. § 1395 et seq.) upon assuming the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees.

      2.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 30 days after the date of retirement.


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

ê1981 Statutes of Nevada, Page 247 (Chapter 125, AB 301)ê

 

the date of retirement. If no notice is given by that date, the retired employee shall be deemed to have selected the option to cancel his coverage.

      3.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage under subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

 

________

 

 

CHAPTER 126, AB 277

Assembly Bill No. 277–Committee on Government Affairs

CHAPTER 126

AN ACT relating to public defenders; specifically including a public defender in the definition of “public officer,” to make clear that he is covered by the limitations on liability applicable to public officers generally; and providing other matters properly relating thereto.

 

[Approved April 23, 1981]

 

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

 

      Section 1.  NRS 41.0307 is hereby amended to read as follows:

      41.0307  As used in NRS 41.031 to 41.039, inclusive, “public officer” or “officer” includes [a] :

      1.  A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law. “Employee” includes an employee of any such board, commission or similar body.

      2.  A public defender and any deputy or assistant attorney of a public defender.

 

________

 

 

CHAPTER 127, AB 262

Assembly Bill No. 262–Assemblyman Banner

CHAPTER 127

AN ACT relating to veterans; authorizing the labor commissioner to approve and regulate programs of training in actual employment; and providing other matters properly relating thereto.

 

[Approved April 23, 1981]

 

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

 

      Section 1.  Chapter 418 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The labor commissioner may approve programs which provide opportunities for training in actual employment for veterans.


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ê1981 Statutes of Nevada, Page 248 (Chapter 127, AB 262)ê

 

opportunities for training in actual employment for veterans. The programs must:

      (a) Extend for at least 6 months and not more than 2 years;

      (b) Involve only occupations which do not offer programs of apprenticeship;

      (c) Have a standardized form of training; and

      (d) Comply with all state and federal laws regarding equal opportunities for employment.

      2.  The labor commissioner may adopt such regulations as may be necessary to administer and oversee these programs.

 

________

 

 

CHAPTER 128, AB 545

Assembly Bill No. 545–Committee on Elections

CHAPTER 128

AN ACT to amend an act entitled, “An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved April 24, 1971, as amended.

 

[Approved April 23, 1981]

 

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

 

      Section 1.  Section 5.010 of the above-entitled act, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 44, Statutes of Nevada 1979, at page 63, is hereby amended to read as follows:

 

       Sec. 5.010  Primary municipal elections.

       1.  On the Tuesday after the 1st Monday in May [1975,] 1979, and at each successive interval of 4 years, [there shall be held] a primary municipal election [,] must be held, at which time [there shall be nominated] candidates for mayor, [and] two offices of commissioner [.] and municipal judge, department 1 must be nominated.

       2.  On the Tuesday after the 1st Monday in May [1977,] 1981, and at each successive interval of 4 years, [there shall be held] a primary municipal election [,] must be held, at which time [there shall be nominated] candidates for two offices of commissioner and municipal judge, department 2 [. On the same date, there shall be nominated candidates for municipal judge, department 1, who shall be elected for two years.

       3.  On the Tuesday after the 1st Monday in May 1979, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor, two offices of commissioner and municipal judge, department 1.

       4.]  must be nominated.


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ê1981 Statutes of Nevada, Page 249 (Chapter 128, AB 545)ê

 

       3.  The candidates for commissioner to be nominated as provided in subsections 1 and 2 [shall] must be voted for and nominated separately. The candidates from wards 1 and 3 [shall] must be nominated as provided in subsection 1 and candidates from wards 2 and 4 nominated as provided in subsection 2.

       [5.]4.  All candidates for municipal offices as provided in subsections 1, 2 [, 3 and 4 shall] and 3 must file an affidavit of candidacy with the city clerk not less than 30 days nor more than 40 days before the primary election. If the last day [limited] for filing an affidavit of candidacy falls on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, or the President of the United States, [then] the period [so limited shall expire] for filing expires on the preceding business day at 5 p.m. The filing fee for each office [shall] must be as established by ordinance by the board of commissioners.

       5.  If at 5 p.m. on the last day for filing an affidavit of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no primary or general election need be held for that office.

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

 

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

 

________

 

 

CHAPTER 129, SB 49

Senate Bill No. 49–Committee on Finance

CHAPTER 129

AN ACT relating to the public health sanitarians’ fund; transferring all of the money in it to the state general fund; and providing other matters properly relating thereto.

 

[Approved April 24, 1981]

 

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

 

      Section 1.  The state controller shall transfer all the money in the public health sanitarians’ fund to the state general fund.

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 250ê

 

CHAPTER 130, AB 275

Assembly Bill No. 275–Committee on Government Affairs

CHAPTER 130

AN ACT relating to public financial administration; creating and eliminating certain funds and changing certain accounting practices; and providing other matters properly relating thereto.

 

[Approved April 24, 1981]

 

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

 

      Section 1.  NRS 353.321 is hereby amended to read as follows:

      353.321  1.  The state controller shall report each fund and group of accounts in one of the following categories for [annual financial statement purposes:] purposes of annual financial statements:

      (a) State general fund;

      (b) Special revenue funds;

      (c) [Capital projects construction funds;

      (d) Intragovernmental] Funds for the construction of capital projects;

      (d) Internal service funds;

      (e) Enterprise funds;

      (f) Trust and agency funds;

      (g) Debt service funds;

      (h) General long term debt group of accounts; or

      (i) General fixed assets group of accounts.

      2.  All resources and financial transactions of the state government [shall] must be accounted for within a fund or group of accounts. The state controller shall assign each existing fund and group of accounts which is created by statute to the proper category unless the category is designated by statute.

      Sec. 2.  NRS 353.323 is hereby amended to read as follows:

      353.323  1.  The state general fund is hereby created and [shall] must be used to receive all revenues and account for all expenditures not otherwise provided for by law in any other fund.

      2.  A special revenue fund [shall] must be used to account for revenues the expenditure of which is restricted by law to a specific purpose and not provided for by law in any other fund.

      3.  A [capital project construction fund shall] fund for construction of capital projects must be used to account for revenues and appropriations the expenditure of which is restricted to constructing a building or other project.

      4.  An [intragovernmental service fund shall] internal service fund must be used to account for and finance the self-supporting activities of a service characteristically utilized by other departments of state government.

      5.  An enterprise fund [shall] must be used to finance and account for the acquisition, operation and maintenance of any governmental facility or service which is entirely or predominately self-supported by user charges.

      6.  An agency or trust fund [shall] must be used to account for resources received and held by an agent for others or by a trustee, to be expended or invested in accordance with the conditions of the agency and trust.


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ê1981 Statutes of Nevada, Page 251 (Chapter 130, AB 275)ê

 

expended or invested in accordance with the conditions of the agency and trust.

      7.  A debt service fund [shall] must be used to finance and account for the payment of interest and principal on general obligation debt, serial and term, other than that payable exclusively from special assessments or revenue debt issued for and serviced by a governmental enterprise.

      8.  The general long term debt group of accounts [shall] must be used to account for the principal and interest on all unmatured general obligation bonds.

      9.  The general fixed assets group of accounts [shall] must be used to account for all fixed assets except those carried in [intragovernmental] internal service funds, trust and agency funds and enterprise funds.

      Sec. 3.  NRS 2.250 is hereby amended to read as follows:

      2.250  1.  The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:

      (a) Whenever any appeal from the final judgment or any order of a district court [shall be] is taken to the supreme court, or whenever any special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise, [shall be] is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the filing of the transcript on such appeal, cross-appeal or petition in such special proceeding in the supreme court, pay the clerk of the supreme court the sum of $25, which payment [shall be] is in full of all fees of the clerk of the supreme court in the action or special proceeding.

      (b) No fees [shall] may be charged by the clerk in any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or commission thereof is a party in his or its official capacity, against the officer or commission.

      (c) In habeas corpus proceedings of a criminal or quasi-criminal nature no fees [shall] may be charged.

      (d) A fee of $5 for supreme court decisions in pamphlet form for each fiscal year, or a fee of $2.50 for less than 6 months’ supply of such decisions, to be collected from any person except those persons and agencies mentioned in NRS 2.345.

      2.  No other fees [shall] may be charged than those specially set forth [herein nor shall] in this section nor may fees be charged for any other services than those mentioned in this section.

      3.  The clerk of the supreme court shall keep in his office a fee book in which he shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book [shall] must be open to public inspection.

      4.  The clerk of the supreme court shall publish and set up in some conspicuous place in his office a fee table for public inspection. [A] He shall forfeit a sum not exceeding $20 for each day of his omission [so to do shall be forfeited,] to do so, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.


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

ê1981 Statutes of Nevada, Page 252 (Chapter 130, AB 275)ê

 

      5.  All fees prescribed in this section [shall be payable] must be paid in advance, if demanded. If the clerk of the supreme court [shall not have] has not received any or all of his fees which may be due him for services rendered by him in any suit or proceeding, he may have execution therefore in his own name against the party or parties from whom they are due, to be issued from the supreme court upon order of a justice thereof or the court upon affidavit filed.

      6.  The clerk of the supreme court shall give a receipt on demand of any party paying a fee. The receipt [shall] must specify the title of the cause in which the fee is paid and the date and the amount of the payment.

      7.  The clerk of the supreme court shall, [on the 1st Monday of each quarter, pay to the state treasurer all moneys received by him for court fees, rendering to the state treasurer a brief note of the cases in which the moneys were received. The moneys so received by the state treasurer shall be placed in the general fund.] when he deposits with the state treasurer money received by him for court fees, render to the state treasurer a brief note of the cases in which the money was received.

      8.  If the clerk of the supreme court violates any of the provisions of subsections 2 and 3 of this section, he [shall be] is guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $1,000.

      9.  If the clerk of the supreme court [shall take] takes more or greater fees than are allowed [herein, he shall be] in this section he is liable to indictment, and on conviction he shall be removed from office and fined in any sum not exceeding $1,000.

      Sec. 4.  NRS 2.480 is hereby amended to read as follows:

      2.480  1.  Funds for operation and maintenance of the supreme court law library [shall] must be provided by legislative appropriation from the general fund in the state treasury as a budgeted part of the appropriation for the support of the supreme court, and [shall] must be paid out on claims as other claims against the state are paid.

      2.  All unappropriated funds received by the supreme court law library shall be deposited in the supreme court law [library fund, which is hereby created in the state treasury, and shall] library’s account and must be used for law library purposes.

      Sec. 5.  NRS 3.030 is hereby amended to read as follows:

      3.030  1.  [Until the 1st Monday in January 1979, the annual salary of each district judge is $30,000. From and after the 1st Monday in January 1979, the] The annual salary of each district judge is $43,000.

      2.  All of the salaries [shall] must be paid in biweekly installments out of the district judges’ salary [fund, which is hereby created in the state treasury.] account of the supreme court.

      3.  No salary of any district judge [shall] may be paid in advance.

      Sec. 6.  NRS 4.035 is hereby amended to read as follows:

      4.035  1.  The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National College of the State Judiciary in Reno, Nevada, or elsewhere:

      (a) In court procedure, recordkeeping and the elements of substantive law appropriate to a justice’s court, to each justice of the peace who is first elected or appointed to office after July 1, 1971, and to other justices of the peace who so desire and who can be accommodated between each general election and January 1 next following.


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ê1981 Statutes of Nevada, Page 253 (Chapter 130, AB 275)ê

 

first elected or appointed to office after July 1, 1971, and to other justices of the peace who so desire and who can be accommodated between each general election and January 1 next following.

      (b) In statutory amendments and other developments in the law appropriate to a justice’s court, to all justices of the peace at convenient intervals.

      2.  Each county shall pay to the supreme court the county’s pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget Act.

      3.  The supreme court shall deposit with the state treasurer, for credit to the appropriate account of the supreme court, all money received pursuant to subsection 2.

      Sec. 7.  NRS 5.025 is hereby amended to read as follows:

      5.025  1.  The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National College of the State Judiciary in Reno, Nevada, or elsewhere:

      (a) In court procedure, recordkeeping and the elements of substantive law appropriate to a municipal court, to each police judge or municipal judge who is first elected or appointed to office after July 1, 1971, and to other such judges who so desire and who can be accommodated, between each election designated for the election of such judges and the date of entering office.

      (b) In statutory amendments and other developments in the law appropriate to a municipal court, to all such judges at convenient intervals.

      2.  Each city shall pay to the supreme court the city’s pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget Act.

      3.  The supreme court shall deposit with the state treasurer, for credit to the appropriate account of the supreme court, all money received pursuant to subsection 2.

      Sec. 8.  NRS 209.211 is hereby amended to read as follows:

      209.211  1.  The prison warehouse fund is hereby created as an [intragovernmental] internal service fund. The director shall administer the fund.

      2.  Purchases for the use of the department [shall] must be made from the fund, and as each item purchased is distributed to an institution of the department, its cost shall be charged to the budget of that institution and credited to the fund.

      3.  Claims against the fund, approved by the director, [shall] must be paid as other claims against the state are paid.

      Sec. 9.  NRS 227.130 is hereby amended to read as follows:

      227.130  1.  The state controller shall withhold from each claimant’s pay the amounts specified in the revenue act of the United States as is now in force and such amounts as may hereafter be further specified by additional enactments of Congress, and transmit such amounts deducted to the Internal Revenue Service of the United States Department of the Treasury.

      2.  The state controller may provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deduction for officers and employees of the state government who make written requests for such deductions and purchases.


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ê1981 Statutes of Nevada, Page 254 (Chapter 130, AB 275)ê

 

wage deduction for officers and employees of the state government who make written requests for such deductions and purchases. For the purpose of allowing any and all state officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States Savings Bonds or similar United States obligations, the state controller shall provide forms authorizing the deductions and purchases and shall make them readily available to all state officers and employees.

      3.  The state controller may withhold from a claimant’s pay such amount as the claimant specifies in writing for payment to his employee organization or credit union, and the controller shall transmit any [moneys] money withheld pursuant to this subsection to the employee organization or credit union. The state controller shall adopt regulations establishing standards and procedures necessary to [implement] carry out the provisions of this subsection.

      4.  All transactions relating to the paying of the salaries of employees and related payroll costs which are handled by the state controller must be accounted for in the state payroll trust fund, which is hereby created.

      Sec. 10.  NRS 231.125 is hereby amended to read as follows:

      231.125  1.  The director may, in his discretion, charge such fees for materials prepared for distribution by the department as may be necessary to cover costs of preparation and mailing.

      2.  [Such fees shall be paid quarterly by the director to] These fees must be deposited with the state treasurer for credit to the department, and:

      (a) May be expended in addition to other [moneys] money appropriated for the support of the department.

      (b) [Shall] Must be expended exclusively for materials and labor incident to printing such materials for distribution.

      Sec. 11.  NRS 232.211 is hereby amended to read as follows:

      232.211  1.  The department of general [services] services’ operating fund is hereby created as an [intragovernmental] internal service fund.

      2.  The operating budget of each division of the department of general services must include an amount representing that division’s share of the operating costs of the director’s office and the central accounting function of the department. This amount must be transferred to the operating fund from the appropriation made to that division from the state general fund.

      3.  All money received by the director’s office, including that received for the central accounting services of the department, must be deposited in the state treasury for credit to the operating fund.

      4.  All expenses of the director’s office and the central accounting function of the department must be paid from the fund as other claims against the state are paid.

      Sec. 12.  NRS 233A.105 is hereby amended to read as follows:

      233A.105  All gifts or grants of money which the commission is authorized to accept must be deposited with the state treasurer for credit to the Nevada Indian [commission] commission’s gift fund which is hereby created [.] as a trust fund.

      Sec. 13.  NRS 233F.148 is hereby amended to read as follows:

      233F.148  1.  [The Nevada highway patrol communications subdivision fund] A fund for the communications subdivision of the Nevada highway patrol is hereby created as an [intragovernmental] internal service fund.


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ê1981 Statutes of Nevada, Page 255 (Chapter 130, AB 275)ê

 

highway patrol is hereby created as an [intragovernmental] internal service fund. Money from the fund must be paid out on claims as other claims against the state are paid.

      2.  All costs for operation, maintenance, rental, repair and replacement of equipment and the salaries of personnel assigned to the subdivision must be paid from the fund.

      3.  Each agency using the services of the subdivision shall pay a fee for such use, which is set by the coordinator of communications in an amount which reimburses the subdivision for the entire cost of providing such services, including overhead. Each agency using the services of the subdivision must budget therefor. All fees, proceeds from the sale of equipment and other money received by the subdivision must be deposited with the state treasurer for credit to the fund.

      Sec. 14.  NRS 242.060 is hereby amended to read as follows:

      242.060  1.  The central data processing fund is hereby created as an [intragovernmental] internal service fund. Money from the fund must be paid out on claims as other claims against the state are paid. The claims must be made in accordance with budget allotments and are subject to preaudit examination and approval.

      2.  All operating, maintenance, rental, repair and replacement costs of equipment and all salaries of personnel assigned to the division must be paid from the fund.

      3.  Each agency using the services of the division shall pay a fee for that use, which must be set by the chief of the division in such amount as to reimburse the division for the entire cost of providing those services, including overhead. Each using agency shall budget for those services. All fees, proceeds from the sale of equipment, and other money received by the division must be deposited with the state treasurer for credit to the fund.

      Sec. 15.  NRS 242.300 is hereby amended to read as follows:

      242.300  1.  There is hereby created the computer [facility] facility’s operating fund as an [intragovernmental] internal service fund in the sum of $200,000 for the use of the manager to operate and maintain the computer facility.

      2.  Upon closing the books for each fiscal year, to the extent that the fund balance exceeds $200,000, the excess portion reverts to the state general fund and the state highway fund in the same ratio to each other as that in which the appropriations were made.

      Sec. 16.  NRS 284.110 is hereby amended to read as follows:

      284.110  1.  The personnel operating fund is hereby created as an [intergovernmental] internal service fund.

      2.  The department of administration may accept on behalf of the state any grant or contribution, federal or otherwise, made to assist in meeting the costs of carrying out the purposes of this chapter. All such grants and contributions [shall] must be deposited with the state treasurer to the credit of the personnel operating fund.

      3.  All costs of administering the provisions of this chapter [shall] must be paid out of the personnel operating fund on claims in the same manner as other claims against the state are paid.

      Sec. 17.  NRS 331.101 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 256 (Chapter 130, AB 275)ê

 

      331.101  1.  The buildings and grounds operating fund is hereby created as an [intragovernmental] internal service fund.

      2.  All costs of administering the provisions of NRS 331.010 to 331.150, inclusive, must be paid out of the buildings and grounds operating fund as other claims against the state are paid.

      Sec. 18.  NRS 331.103 is hereby amended to read as follows:

      331.103  1.  The general services communications fund is hereby created as an [intragovernmental] internal service fund. The fund is a continuing fund and its money may not revert to the state general fund at any time.

      2.  Claims against the general services communications fund which are approved by the superintendent must be paid as other claims against the state are paid.

      3.  Claims must be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.

      Sec. 19.  NRS 336.110 is hereby amended to read as follows:

      336.110  1.  The motor pool fund is hereby created as an [intragovernmental] internal service fund in the amount of $9,500. No money in the fund may revert to the state general fund at any time. Money from the motor pool fund must be paid out on claims as other claims against the state are paid. The claims must be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.

      2.  All operating, maintenance and repair costs for vehicles assigned to the state motor pool must be paid from the motor pool fund and the accounting for depreciation must be accomplished in that fund.

      3.  All agencies using vehicles of the state motor pool shall pay a fee for the use and a proportionate share of operational costs in an amount determined by the executive officer. The formula for spreading costs of operation may be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs, defray the costs of motor pool operation, and preserve the fund as nearly as practicable at the level of $9,500.

      4.  All fees, including amounts on account of depreciation accrued, costs and other money received by the state motor pool, including all proceeds from the sale of vehicles, must be deposited with the state treasurer for credit to the fund.

      Sec. 20.  NRS 344.090 is hereby amended to read as follows:

      344.090  1.  The state printing fund is created as an [intragovernmental] internal service fund.

      2.  The state printing fund consists of the money appropriated to carry out the provisions of this chapter, and all money received in the state printing fund from any source in payment of all printing, reproduction and binding done in the division.

      3.  All expenses for the support of the division, including the salary of the superintendent, [shall] must be paid from the state printing fund.

      4.  Within 6 months after the end of each fiscal year, any profit in excess of $175,000 [shall revert] reverts to the fund or account from which received in proportion to the amount charged such fund or account during that fiscal year.


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ê1981 Statutes of Nevada, Page 257 (Chapter 130, AB 275)ê

 

      Sec. 21.  NRS 344.120 is hereby amended to read as follows:

      344.120  [At the end of each month the] The superintendent shall pay all [moneys] money received under the provisions of this chapter into the state treasury to the credit of the state printing fund.

      Sec. 22.  NRS 365.150 is hereby amended to read as follows:

      365.150  [Funds] Money to augment the administration of the provisions of this chapter [shall] must be provided by direct legislative appropriation to the department from the state highway fund. [and the combined gas tax fund.]

      Sec. 23.  NRS 365.430 is hereby amended to read as follows:

      365.430  1.  Except as otherwise provided in NRS 494.043, all claims for refunds under this chapter [shall] must be paid from the [combined gas tax] state highway fund upon claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.

      2.  Any refunds to be made of the taxes provided for in NRS 365.180 and 365.190 [shall] must be paid in the manner provided in this chapter and deducted from the amount of any later payment to the county or counties in which the taxes were collected.

      Sec. 24.  NRS 369.170 is hereby amended to read as follows:

      369.170  1.  All revenues required to be paid to the state under this chapter [shall] must be paid to the department in the form of remittances payable to the department. The department shall [transmit the payment to the state treasurer to be deposited] deposit the payments in the state treasury to the credit of the liquor tax account in the state general fund.

      2.  The department shall [in transmitting each payment] indicate the amount, if any, which is derived from the tax on liquor containing more than 22 percent of alcohol by volume.

      [2.]  Upon order of the state controller, [the] money in the liquor tax [fund shall] account must be drawn therefrom for any refunds under this chapter. [, and except as otherwise provided in NRS 369.173, all money in the fund shall be transferred to the general fund in the state treasury on or before the last day of each calendar month.]

      Sec. 25.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, [shall] must be paid to the department in the form of remittances payable to the department.

      2.  The department shall:

      (a) As compensation to the state for the costs of collecting the taxes and license fees, transmit on a monthly basis such sum as the legislature [shall specify] specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit [the same] this amount to the credit of the department. [Such] The deposited [moneys shall] money must be expended by the department in accordance with its work program. [established pursuant to law.]

      (b) Transmit the balance of [such] the payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax [fund.] account in the intergovernmental trust fund.


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ê1981 Statutes of Nevada, Page 258 (Chapter 130, AB 275)ê

 

      (c) Report to the state controller monthly the amount of collections.

      3.  The money in the cigarette tax [fund] account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations; [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce;] the amount in [such fund] the account which was collected during the preceding month [shall] must be apportioned and distributed by the state treasurer as follows:

      (a) In counties having a population of 5,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount [shall] must go into the county treasury.

             (2) If there is one incorporated city within the county the money [shall] must be apportioned between the city and the county on the basis of the population of [such] the city and the population of [such] the county excluding the population of [such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.] the city.

             (3) If there are two or more incorporated cities within the county, the entire amount [shall] must be apportioned among [such] the cities in proportion to their respective populations. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

      (b) In counties having a population of less than 5,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount [shall] must go into the county treasury.

            (2) If there is one incorporated city or one unincorporated town within the county the money [shall] must be apportioned between the city or town and the county on the basis of the population of [such] the city or town and the population of [such] the county excluding the population of [such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the city or town, regardless of the form of government of [such] the city or town at the time such census was conducted.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount [shall] must be apportioned among [such] the cities or towns in proportion to their respective populations, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] regardless of the form of government of [such] the city or town at the time [such] the census was conducted.

      (c) In Carson City the entire amount [shall] must go into the city treasury.

      4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

      Sec. 26.  NRS 372.780 is hereby amended to read as follows:

      372.780  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the state under this chapter must be paid to the department in the form of remittances payable to the department.


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ê1981 Statutes of Nevada, Page 259 (Chapter 130, AB 275)ê

 

paid to the department in the form of remittances payable to the department.

      2.  The department shall [transmit the payments to the state treasurer for] deposit the payments in the state treasury to the credit of the sales [tax fund.] and use tax account in the state general fund.

      Sec. 27.  NRS 372.785 is hereby amended to read as follows:

      372.785  The money in the sales [tax fund] and use tax account may, upon order of the state controller, be used for refunds under this chapter. [, or be transferred to the state general fund.]

      Sec. 28.  NRS 374.785 is hereby amended to read as follows:

      374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter [shall] must be paid to the department in the form of remittances payable to the department.

      2.  The department shall [transmit the payments to the state treasurer to be deposited] deposit the payments in the state treasury to the credit of the [local school support tax fund hereby created.] sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the [local school support tax fund:] sales and use tax account in the general fund:

      (a) Transfer 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund [in the state treasury] as compensation to the state for the costs of collecting the tax for the counties.

      (b) Determine for each county [treasurer] the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred [to the general fund of the state] pursuant to paragraph (a) of this subsection.

      (c) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.

      (d) [Remit the amount owed to each county by remitting such moneys] Transfer the amount owed to each county to the intergovernmental trust fund and remit the money to the credit of the county school district fund.

      Sec. 29.  NRS 377.050 is hereby amended to read as follows:

      377.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter [shall] must be paid to the department in the form of remittances made payable to the department.

      2.  The department shall [transmit the payments to the state treasurer to be deposited] deposit the payments in the state treasury to the credit of the [city-county relief tax fund hereby created.] sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall monthly:

      (a) Transfer from the [city-county relief tax fund] sales and use tax account 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the appropriate account in the state general fund [in the state treasury] as compensation to the state for the cost of collecting the tax for the counties.


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ê1981 Statutes of Nevada, Page 260 (Chapter 130, AB 275)ê

 

account 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the appropriate account in the state general fund [in the state treasury] as compensation to the state for the cost of collecting the tax for the counties.

      (b) Determine for each county an amount of money equal to the sum of:

             (1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and

             (2) That proportion of the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      (c) [Remit] Transfer the amount determined for each county to the intergovernmental trust fund and remit the money in the following manner:

             (1) If there is one incorporated city in the county, apportion [such moneys] the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

             (2) If there are two or more cities in the county, apportion [all such moneys] the money among the cities in proportion to their respective populations.

             (3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

      4.  The provisions of subsection 3 do not apply to Carson City, where the treasurer shall deposit into the city’s general fund the entire amount determined [to] for the city and received from the state controller. [in the general fund.

      5.  Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

      Sec. 30.  NRS 378.100 is hereby amended to read as follows:

      378.100  The state librarian is authorized to accept and direct the disbursement of [funds] money appropriated by any act of Congress and apportioned to the state for library purposes. [Such federal funds shall] That federal money must be deposited in the state treasury [in a fund to be known as the state library federal fund.] for credit to the appropriate account of the state library.

      Sec. 31.  NRS 412.108 is hereby amended to read as follows:

      412.108  1.  The person, firm, association or corporation applying for the rental of an armory or space within an armory shall execute and deliver a written agreement which [shall] must include among its provisions his or its full name and address, the purpose for which its use is desired, the nature and manner of the intended use of the space, a reasonable rental to be paid for such use and the amounts to be paid for heating, lighting, janitorial and other services connected with its use.


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

ê1981 Statutes of Nevada, Page 261 (Chapter 130, AB 275)ê

 

The terms and provisions of the agreement [shall] must be governed by department regulations issued pursuant to this chapter, which regulations [shall] must include provisions designed to prevent unfair competition with privately owned property and business.

      2.  No agreement for use made under this section is effective until the agreement or lease has been approved and executed by the officer in charge of the armory and has been approved by his military superiors as prescribed by department regulations issued pursuant to this chapter.

      3.  No agreement or lease made under this section may be assigned in whole or in part nor may space be sublet to or used by a person, firm, association or corporation not a party to such agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory.

      4.  All money paid or given, directly or indirectly, for the use of an armory or to obtain an agreement or permission to use the armory shall be use fees within the meaning of this section and [shall] must be paid to the officer in charge of the armory. Any person other than the officer in charge of the armory who receives any such money shall immediately pay over the money to the officer in charge of the armory, who shall immediately forward one-half of the money to the office of the adjutant general to be placed in a special revenue fund entitled the adjutant general’s special [construction] armory fund, to be used by the department for necessary repairs and improvements of state armories and arsenals in the manner prescribed by department regulations. The remainder of the money [shall be placed in an armory fund] must be placed in an armory account to be kept by the officer in charge of the armory and used for military activities, affairs and to further community relations within the community in which the armory is located. These expenditures [shall] must be made according to department regulations and must be approved by a board of three officers appointed by the adjutant general.

      5.  When use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any reserve officers training corps unit, the adjutant general, in his discretion, may require the execution of a contract or agreement for such use, upon such terms and conditions as he may prescribe.

      Sec. 32.  NRS 417.130 is hereby amended to read as follows:

      417.130  1.  Notwithstanding the provisions of subsection 3 of NRS 417.110, the commissioner may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.

      2.  Any such fee [shall] must be credited to the veterans’ relief fund, which is hereby created [.] as a special revenue fund.

      Sec. 33.  NRS 425.191 is hereby amended to read as follows:

      425.191  1.  [The aid to dependent children fund is hereby created.

      2.]  Amounts appropriated by the legislature for the purposes of NRS 425.010 to 425.250, inclusive, [shall be credited to the fund] must be accounted for in the aid to dependent children account and amounts received from the United States pursuant to Title IV of the Social Security Act (42 U.S.C.


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ê1981 Statutes of Nevada, Page 262 (Chapter 130, AB 275)ê

 

Social Security Act (42 U.S.C. § 601 et seq.), as amended, [shall] must be deposited in the state treasury for credit to the [fund.] account.

      [3.]2.  All assistance payments [shall be paid out of the fund.] must be paid out of the account.

      Sec. 34.  NRS 425.200 is hereby amended to read as follows:

      425.200  1.  The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the aid to dependent children [fund,] account, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under NRS 425.010 to 425.250, inclusive. The list is subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of NRS 425.010 to 425.250, inclusive.

      2.  Immediately after the warrants payable to recipients have been drawn, the state controller shall deliver or mail them to the welfare division. Immediately thereafter the welfare division shall mail them to the individual recipients. The facilities of the central mailing room [shall] must be used.

      3.  The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children [fund shall] account must be open to inspection and subject to audit by officers and agents of the United States.

      Sec. 35.  NRS 432.050 is hereby amended to read as follows:

      432.050  All [moneys] money appropriated by the legislature pursuant to the provisions of NRS 432.040 [or] must be accounted for in the state child welfare services account and all money received from the United States pursuant to Title IV of the Social Security Act [shall be placed in the state treasury in a fund designated the state child welfare services fund, out of which shall] must be deposited in the state treasury and credited to the account, out of which must be paid the expenses incurred in providing maintenance and special services under the provisions of this chapter.

      Sec. 36.  NRS 432.070 is hereby amended to read as follows:

      432.070  1.  The state welfare administrator shall furnish to the state controller a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the state child welfare services [fund,] account, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list is subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.

      2.  Upon receiving the certified list the state controller shall promptly draw his warrant upon the state child welfare services [fund] account payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant must be for the total amount of federal and state money to which each claimant is entitled under the provisions of this chapter.

      3.  Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the welfare division. Immediately thereafter the welfare division shall mail them to the individual recipients.


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ê1981 Statutes of Nevada, Page 263 (Chapter 130, AB 275)ê

 

thereafter the welfare division shall mail them to the individual recipients. The facilities of the central mailing room [shall] must be used.

      Sec. 37.  NRS 433A.110 is hereby amended to read as follows:

      433A.110  1.  The administrative officer of a division mental health facility which provides treatment for inpatients may cause to be established a canteen operated for the benefit of clients and employees of the facility. So far as practical within good business practices, the prices of commodities sold [shall] must approximate costs. The administrative officer shall cause to be kept a record of transactions in the operation of the canteen.

      2.  [A separate canteen fund is hereby created for each division mental health facility which provides treatment on an inpatient basis.] The administrator [is hereby authorized to designate funds] may designate money from budgeted resources in appropriate amounts to each such facility for the establishment and operation of canteens. [Such funds shall] The money must be used to supplement the financial operation of the canteens, if required, to provide [funds] money for needy clients’ canteen privileges, and to provide for such other expenditures benefiting the clients of such division facilities as the respective administrative officers may deem necessary. [All amounts drawn from the funds shall be repaid whenever possible. Amounts generated in excess of those required to maintain operation of the canteens shall be used for the benefit of the clients.

      3.  The respective administrative officers shall cause the canteen funds to be deposited in one or more banks of reputable standing, and an] All proceeds of sale collected must be deposited with the state treasurer for credit to the appropriate operating account of the mental health facility. The operating account must separately identify in the record of transactions the proceeds of sale collected, the amount of budgeted resources used, and the total amount expended for the operations of the canteen. All proceeds of sale collected must be used for the operation of the canteen. Proceeds of sale collected which exceed the amount necessary to maintain the operation of the canteens must be used to benefit the clients.

      3.  An appropriate sum may be maintained as petty cash at each canteen.

      4.  The respective administrative officers may cause to be appointed such staff as are necessary for the proper operation of the canteens.

      Sec. 38.  NRS 435.120 is hereby amended to read as follows:

      435.120  Any [moneys] money collected by the division under NRS 435.060 to 435.110, inclusive, [shall be deposited in a separate nonreverting fund in the state treasury and shall] must be deposited in the state treasury, accounted for separately by the division and must be expended for the augmentation of the mental retardation residential placement [fund, hereby created in the state treasury,] function, in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 39.  NRS 435.260 is hereby amended to read as follows:

      435.260  [1.  There is hereby created in the state treasury a community training center fund for the purpose of aiding centers which have received certificates of qualification from the division.


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ê1981 Statutes of Nevada, Page 264 (Chapter 130, AB 275)ê

 

      2.  Moneys for the fund shall] Money for the purpose of aiding training centers in the community which have received certificates of qualification from the division must be provided by legislative appropriation.

      [3.]  The division is authorized to make grants from [such fund in aid to] the appropriation to aid qualifying centers if the advisory board also approves the grants.

      Sec. 40.  NRS 538.191 is hereby amended to read as follows:

      538.191  1.  Except as provided in [subsection 2,] subsections 2 and 3, all revenues derived from the sale, lease or use of water or power which [shall] become due and owing to the State of Nevada under any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, [shall be received, collected and paid directly to the state treasurer and deposited by him in a fund, hereby created, to be known as and called the Colorado River resources fund.] must be deposited with the state treasurer for credit to the Colorado River resources fund which is hereby created as a special revenue fund.

      2.  There is hereby created [in the state treasury] The Colorado River research and development fund as a special revenue fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as may, in the opinion of the administrator, be necessary and proper for the protection of the interests of the State of Nevada in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after April 18, 1963, between the division and water or power users [shall] must be sufficient in amount to maintain the Colorado River research and development fund in addition to defraying the cost to the division of water and power delivered. When collected, [such] these additional revenues [shall be paid directly to the state treasurer and deposited by him in the Colorado River research and development fund.] must be deposited with the state treasurer for credit to the fund.

      3.  There is hereby created the Colorado River power and water fund as a special revenue fund. All transactions not accounted for in the Colorado River resources fund and the Colorado River research and development fund involving the purchase and subsequent sale of power and water must be accounted for in this fund. All revenues received must be deposited with the state treasurer for credit to this fund. Any balance in this fund on June 30 of each fiscal year must be transferred to the Colorado River resources fund the following fiscal year.

      4.  Money in the funds provided for in this section must be paid out on claims as other claims against the state are paid, after the claims have been approved by the administrator.

      Sec. 41.  NRS 584.460 is hereby amended to read as follows:

      584.460  There is hereby created in the state treasury a special revenue fund designated as the dairy commission fund. All [moneys] money received by the commission pursuant to NRS 584.325 to 584.690, inclusive, [shall] must be paid into the fund and [shall] must be expended solely for the enforcement of NRS 584.176 to 584.179, inclusive, and 584.325 to 584.690, inclusive.


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ê1981 Statutes of Nevada, Page 265 (Chapter 130, AB 275)ê

 

      Sec. 42.  NRS 584.545 is hereby amended to read as follows:

      584.545  [All moneys received by the commission hereunder shall be paid monthly] All money received by the commission pursuant to this chapter must be paid into the state treasury to the credit of the dairy commission fund.

      Sec. 43.  NRS 2.500 is hereby repealed.

 

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CHAPTER 131, SB 157

Senate Bill No. 157–Committee on Transportation

CHAPTER 131

AN ACT relating to road contracts; changing the percentage of the contract price retained pending full completion of a contract; permitting sealed bids on such contracts to be opened anywhere in the state; and providing other matters properly relating thereto.

 

[Approved April 27, 1981]

 

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

 

      Section 1.  NRS 408.343 is hereby amended to read as follows:

      408.343  1.  All bids must be submitted under sealed over and received at the [office of the department in Carson City, Nevada,] address in Nevada stated in the advertisement for bids and must be opened publicly and read at the time stated in the advertisement.

      2.  No bids 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 may be opened before that time.

      3.  Any bid may be withdrawn at any time before the time stated in the advertisement only by written request or telegram filed with the 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 may reject any 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 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. 2.  NRS 408.383 is hereby amended to read as follows:

      408.383  1.  [The] Except as provided in subsection 2, the director may [authorize partial payments] pay 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 [.] in full for the work as completed but not more than 95 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the director, and invoiced, and labor expended thereon.


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ê1981 Statutes of Nevada, Page 266 (Chapter 131, SB 157)ê

 

materials in place, or on the job site, or at a location approved by the director, and invoiced, and labor expended thereon. [Not more than 90 percent of the contract price of any work 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 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 must be retained until the contract is completed satisfactorily and finally accepted by the director, except that at any time after 50 percent of the work has been completed, if the director finds that satisfactory 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 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.] The remaining 5 percent, but not more than $50,000, must be retained until the entire contract is completed satisfactorily and accepted by the director.

      2.  If the work in progress is being performed on a satisfactory basis, the director may reduce the percentage retained if he finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until the entire contract is completed satisfactorily and accepted by the director.

      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, 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 is payable to the contractor or the contractor’s creditors.

      4.  Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors’ claims, and [such] this retained percentage is due and payable to the contractor at [such] that time without regard to creditors’ 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] the contract which are retained by the department, pursuant to the terms of [such] the contract, if the contractor deposits with the director:

      (a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;

      (b) Bonds or notes of the State of Nevada; or


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ê1981 Statutes of Nevada, Page 267 (Chapter 131, SB 157)ê

 

      (c) General obligation bonds of any political subdivision of the State of Nevada.

      Certificates of deposit 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] the contract.

      6.  The 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 include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.

      7.  The 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 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, 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 is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after [such] that amount has been deducted.

 

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CHAPTER 132, SB 348

Senate Bill No. 348–Committee on Finance

CHAPTER 132

AN ACT making an additional and supplemental appropriation to the department of taxation for the payment of rent; and providing other matters properly relating thereto.

 

[Approved April 27, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the department of taxation the sum of $11,161 for the payment of rent. This appropriation is additional and supplemental to that allowed and made by section 12 of chapter 695, Statutes of Nevada 1979.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 


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ê1981 Statutes of Nevada, Page 268ê

 

CHAPTER 133, AB 276

Assembly Bill No. 276–Committee on Government Affairs

CHAPTER 133

AN ACT relating to the duties of a sheriff; requiring a sheriff to investigate each applicant for a permit to operate as a locksmith or safe mechanic; repealing the provision which requires a sheriff to file certain statements with the board of county commissioners; and providing other matters properly relating thereto.

 

[Approved April 27, 1981]

 

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

 

      Section 1.  NRS 655.070 is hereby amended to read as follows:

      655.070  1.  Every person who wishes to operate as a locksmith or safe mechanic shall obtain a permit from the sheriff of the county in which his principal place of business is located.

      2.  The sheriff of a county shall investigate each applicant and shall issue a permit to [any] each applicant who [pays a permit fee of $5 and who] qualifies under any ordinance adopted by the board of county commissioners of [such county regulating] the county which regulates the occupation of locksmiths [.] and who is found by the board of county commissioners to be suitable. An ordinance adopted by the board of county commissioners must specify fees for issuance and renewal of a permit.

      3.  A permit expires 1 year from the date it was obtained and may be renewed. [The renewal permit fee is $1.]

      4.  The holder of a permit shall have the permit in his possession at all times.

      5.  The holder of a permit shall, within 10 days, report any change of address of his principal place of business to the sheriff of the county in which the permit was obtained.

      Sec. 2.  NRS 364.010 is hereby amended to read as follows:

      364.010  1.  The sheriff of each county is the ex officio collector of county licenses provided for in chapter 244 of NRS and by other laws, unless the board of county commissioners by ordinance:

      (a) Establishes a county license department;

      (b) Adopts procedures for the investigation of applicants for county licenses and for the administration, collection and disposition of county license fees; and

      (c) Provides regulations for the operation of the county license department.

      2.  The provisions of NRS 364.020 to [364.070,] 364.060, inclusive, do not apply to counties which have a county license department.

      Sec. 3.  NRS 364.070 is hereby repealed.

      Sec. 4.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

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ê1981 Statutes of Nevada, Page 269ê

 

CHAPTER 134, AB 209

Assembly Bill No. 209–Assemblyman Banner

CHAPTER 134

AN ACT relating to industrial insurance; providing that any excess insurance or reinsurance obtained by a self-insured employer be written by a Nevada carrier; and providing other matters properly relating thereto.

 

[Approved April 27, 1981]

 

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

 

      Section 1.  NRS 616.291 is hereby amended to read as follows:

      616.291  1.  An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner of insurance that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.

      2.  A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner of insurance money, corporate or governmental securities or a surety bond written by any company admitted to transact surety business in this state, or any combination of money, securities or a bond. The first deposit must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employer’s expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective loss and expense experience of the employer within this state, to catastrophe hazards and contingencies and to trends within the state. In arriving at the amount of the deposit required, the commissioner of insurance may consider the nature of the employer’s business, the financial ability of the employer to pay compensation and his probable continuity of operation. The deposit must be held by the commissioner of insurance to secure the payment of compensation for injuries and occupational diseases to employees. The deposit may be increased or decreased by the commissioner of insurance in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance.

      3.  The commissioner of insurance may allow or require the self-insured employer to submit evidence of excess insurance or reinsurance [, written by an insurer authorized to do business in this state,] to provide protection against a catastrophic loss. The excess insurance or reinsurance must be written by an insurer authorized to do business in this state. The commissioner shall consider any excess insurance or reinsurance coverage as a basis for a reduction in the deposit required of an employer.

 

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ê1981 Statutes of Nevada, Page 270ê

 

CHAPTER 135, AB 206

Assembly Bill No. 206–Assemblyman Banner

CHAPTER 135

AN ACT relating to insurance; clarifying the definition of “adjuster”; and providing other matters properly relating thereto.

 

[Approved April 27, 1981]

 

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

 

      Section 1.  NRS 684A.010 is hereby amended to read as follows:

      684A.010  This chapter applies to adjusters [,] only as defined in NRS 684A.020, and [shall be known and] does not apply to any person who adjusts or settles claims relating to life or health coverage or annuities. This chapter may be cited as the Nevada Insurance Adjusters Law.

      Sec. 2.  NRS 684A.020 is hereby amended to read as follows:

      684A.020  1.  As used in this code, “adjuster” means any person who, for compensation as an independent contractor or for a fee or commission, investigates and settles, and reports to his principal relative to, claims arising under insurance contracts [.] for property, casualty or surety coverage, on behalf solely of either the insurer or the insured.

      2.  An associate adjuster, as defined in NRS 684A.030, or an attorney at law who adjusts insurance losses from time to time incidental to the practice of his profession, or an adjuster of ocean marine losses, or a salaried employee of an insurer, or a salaried employee of a managing general agent maintaining an underwriting office in this state, is not deemed to be an adjuster for the purposes of this chapter.

 

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CHAPTER 136, SB 212

Senate Bill No. 212–Committee on Commerce and Labor

CHAPTER 136

AN ACT relating to federal liens; changing the procedure for filing a federal tax lien; providing a fee; and providing other matters properly relating thereto.

 

[Approved April 27, 1981]

 

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

 

      Section 1.  NRS 108.833 is hereby amended to read as follows:

      108.833  1.  The county recorder shall charge the standard fee for filing and indexing each notice of lien, certificate or notice affecting the lien. No fee may be charged for recording the release of any federal tax lien which was filed before March 24, 1967.

      2.  The secretary of state shall:

      (a) Charge for filing and indexing each notice of federal lien, certificate or notice affecting the lien, a fee of $6. This fee includes the subsequent recording of a certificate of discharge, nonattachment, release or subordination of the lien. No fee may be charged for recording the release of any federal tax lien which was filed before March 24, 1967.

      (b) Accept, file and index all notices of federal tax liens filed on behalf of the Federal Government without requiring payment of the fee at the time of filing.


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ê1981 Statutes of Nevada, Page 271 (Chapter 136, SB 212)ê

 

of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice each month to the district director of internal revenue for all fees accrued during the billing period.

 

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CHAPTER 137, AB 352

Assembly Bill No. 352–Committee on Ways and Means

CHAPTER 137

AN ACT to amend an act entitled “An Act relating to punchcard vote recording systems; authorizing the secretary of state to purchase and lease such systems to counties; making an appropriation; and providing other matters properly relating thereto,” approved May 11, 1979.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  Section 4 of the above-entitled act, being chapter 337, Statutes of Nevada 1979, at page 497, is hereby amended to read as follows:

 

       Sec. 4.  1.  There is hereby appropriated from the state general fund to the secretary of state the sum of $180,000 for the purchase of punchcard vote recording systems to be leased to counties as provided in sections 2 and 3 of this act.

       2.  The money appropriated by this section must be kept in a separate account and must not be included in the operating budget of the secretary of state.

       3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.

 

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

 

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CHAPTER 138, SB 143

Senate Bill No. 143–Committee on Human Resources and Facilities

CHAPTER 138

AN ACT relating to the program to control tuberculosis; changing the name of the program and the qualifications for the supervisor; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  NRS 443.057 is hereby amended to read as follows:

      443.057  “Supervisor” means the [medical] supervisor of the [tuberculosis care] program [.] to control tuberculosis.


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ê1981 Statutes of Nevada, Page 272 (Chapter 138, SB 143)ê

 

      Sec. 2.  NRS 443.075 is hereby amended to read as follows:

      443.075  Subject to the provisions of chapter 284 of NRS, the health division shall employ a supervisor who shall administer the [tuberculosis care] program to control tuberculosis which is hereby established.

      Sec. 3.  NRS 443.085 is hereby repealed.

 

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CHAPTER 139, SB 121

Senate Bill No. 121–Committee on Commerce and Labor

CHAPTER 139

AN ACT relating to pharmacy; conforming the time for registration as a hospital pharmaceutical technician and for the renewal of certain permits to the provision in NRS 639.170 for biennial registration and renewal fees; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  NRS 639.210 is hereby amended to read as follows:

      639.210  The board may [proceed administratively to] suspend or revoke:

      1.  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;

      (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;

 


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ê1981 Statutes of Nevada, Page 273 (Chapter 139, SB 121)ê

 

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;

      (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 or 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. 2.  NRS 639.2325 is hereby amended to read as follows:

      639.2325  1.  A hospital pharmaceutical technician may only be employed in a hospital pharmacy, in accordance with such regulations as may be adopted by the state board of pharmacy.

      2.  A hospital pharmaceutical technician [shall] must not be employed in:

      (a) The outpatient section of a hospital pharmacy; or

      (b) Any pharmacy other than a hospital pharmacy.

      3.  All work done by a hospital pharmaceutical technician [shall] must be under the direct and immediate supervision of a registered pharmacist, who [shall be] is responsible for all work so performed.

      4.  A hospital pharmaceutical technician [shall register annually] must register biennially with the board and pay the required registration fee.

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

 

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ê1981 Statutes of Nevada, Page 274ê

 

CHAPTER 140, SB 99

Senate Bill No. 99–Committee on Human Resources and Facilities

CHAPTER 140

AN ACT relating to the state health officer; confirming his position in the unclassified service of the state under NRS 232.340 by removing conflicting statutory provisions; removing duplicative statutory provisions respecting his appointment, salary and expenses; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  NRS 439.090 is hereby amended to read as follows:

      439.090  [1.  The state health officer shall:

      (a) Be appointed on the basis of merit under the provisions of chapter 284 of NRS.

      (b) Be in the classified service of the state.

      (c) Be responsible to the director.

      2.] The state health officer [shall:

      (a)]must:

      1.  Be a citizen of the United States.

      [(b)]2.  Be certified, or eligible for certification, by the American Board of [Preventative] Preventive Medicine.

      [(c)]3.  Be licensed, or eligible for licensure, as a doctor of medicine to practice in Nevada.

      [(d)]4.  Have had 2 years’ experience, or the equivalent, as the administrator of:

             [(1)](a) A full-time county or city health facility or department; or

             [(2)](b) A major health program at a state or national level.

      Sec. 2.  NRS 439.120 is hereby repealed.

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

 

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CHAPTER 141, SB 145

Senate Bill No. 145–Committee on Human Resources and Facilities

CHAPTER 141

AN ACT relating to retarded persons; correcting the division facility list; clarifying the definition for an “emotionally disturbed child”; correcting the name of the mental retardation association; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The division facilities providing mental health services are designated as:

      (a) Nevada mental health institute;


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ê1981 Statutes of Nevada, Page 275 (Chapter 141, SB 145)ê

 

      (b) Las Vegas mental health center;

      (c) Henderson mental health center;

      (d) Reno mental health center;

      (e) Rural clinics;

      (f) Children’s behavioral services; and

      (g) The program for mentally disordered offenders.

      2.  The division facilities providing services for mentally retarded persons are designated as:

      (a) Desert developmental center; and

      (b) Sierra developmental center.

      3.  Division facilities established after July 1, 1981, must be named by the administrator, subject to the approval of the director of the department.

      Sec. 2.  NRS 433.094 is hereby amended to read as follows:

      433.094  [1.]  “Division facility” means any unit or subunit operated by the division for the care, treatment and training of clients.

      [2.  The division facilities providing mental health services shall be known as:

      (a) Nevada mental health institute;

      (b) Las Vegas mental health center;

      (c) Henderson mental health center;

      (d) Reno mental health center;

      (e) Rural clinics;

      (f) Children’s behavioral services; and

      (g) Mentally disordered offender program.

      3.  The division facilities providing services for mentally retarded persons shall be known as:

      (a) Northern Nevada mental retardation center;

      (b) Southern Nevada mental retardation center;

      (c) Nevada mental health institute; and

      (d) Desert developmental center.

      4.  Division facilities established in the future shall be named by the administrator, subject to the approval of the director of the department.]

      Sec. 3.  NRS 433.104 is hereby amended to read as follows:

      433.104  “Emotionally disturbed child” means any person who has attained the age of 2 years but has not attained the age of 18 years, whose progressive personality development is interfered with or arrested by [a variety of factors] mental disorder so that he shows impairment in the capacity expected of him for his age and endowment:

      1.  For reasonably accurate perception of the world around him;

      2.  For impulse control;

      3.  For satisfying and satisfactory relations with others;

      4.  For learning; or

      5.  For any combination of [the above.] these factors.

      Sec. 4.  NRS 435.115 is hereby amended to read as follows:

      435.115  The administrator shall establish a fee schedule, in consultation with the state association for retarded [children] citizens and subject to the approval of the board and the director of the department, for services rendered to the mentally retarded by the division.

 

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ê1981 Statutes of Nevada, Page 276ê

 

CHAPTER 142, SB 146

Senate Bill No. 146–Committee on Human Resources and Facilities

CHAPTER 142

AN ACT relating to foster homes; providing for delegation by the welfare division of the department of human resources of the authority to issue provisional licenses for foster homes in emergencies; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  Chapter 424 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The welfare division of the department of human resources may provide by regulation for the delegation of its authority to issue provisional licenses to foster homes if the situation requires the issuance of a provisional license immediately.

      2.  In the regulations adopted pursuant to this section, the welfare division shall specify:

      (a) The classes of persons to whom the authority will be delegated;

      (b) The procedure for applying for authority to issue provisional licenses;

      (c) The conditions under which a provisional license may be issued by a person to whom authority has been delegated pursuant to this section; and

      (d) Procedures which the person who has issued a provisional license must follow after doing so.

 

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CHAPTER 143, AB 212

Assembly Bill No. 212–Committee on Ways and Means

CHAPTER 143

AN ACT making an additional and supplemental appropriation to the department of prisons to pay the travel expenses of employees who commute to the southern Nevada correctional center; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the department of prisons the sum of $55,000 to be used only for the purpose of paying the travel expenses of employees who commute to work at the southern Nevada correctional center. This appropriation is additional and supplemental to that allowed and made by section 31 of chapter 695, Statutes of Nevada 1979.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.


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ê1981 Statutes of Nevada, Page 277 (Chapter 143, AB 212)ê

 

and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

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CHAPTER 144, SB 147

Senate Bill No. 147–Committee on Human Resources and Facilities

CHAPTER 144

AN ACT relating to emergency medical services; providing requirements for training and authorizing the activities of intermediate emergency medical technicians; providing for a check of fingerprints for certain applicants; broadening the authority to charge fees; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in this chapter, “intermediate emergency medical technician” means a person:

      1.  Trained in intermediate emergency medical care in a training program approved by the board; and

      2.  Individually certified by the state health officer as having satisfactorily completed the training program.

      Sec. 3.  1.  The training program in a rural area which has access to a medical facility which provides intensive care, if the area is outside a health district, must be initiated and conducted by a licensed physician. The training program in a health district must be initiated and conducted by the district health officer.

      2.  A training program for an intermediate emergency medical technician must include, but is not limited to, an approved curriculum in intravenous therapy, the use of pneumatic trousers to control shock and the management of a passage for air to the lungs. Only a certified emergency medical technician who is a licensed ambulance attendant with a minimum of 1 year of ambulance or emergency vehicle experience is eligible for this training.

      3.  A certified intermediate emergency medical technician must undergo at least one examination by the supervising physician every 6 months to verify the retention of his skills in order to maintain his certification, and is subject to reexamination by the state health officer. The supervising physician may recommend revocation of certification at any time.

      4.  A person shall not represent himself to be an intermediate emergency medical technician unless he has on file with the health division a currently valid certificate demonstrating successful completion of the training program required by this section.


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ê1981 Statutes of Nevada, Page 278 (Chapter 144, SB 147)ê

 

      Sec. 4.  An intermediate emergency medical technician may:

      1.  Render services in rescue, first aid and resuscitation;

      2.  During training at a medical facility and while caring for patients at a medical facility, administer parenteral medications under the direct supervision of a physician or registered nurse.

      3.  Under the direct supervision of a physician or a registered nurse supervised by a physician, or if the technician is communicating directly with the physician or the registered nurse supervised by a physician and is directed by that physician or nurse, perform such procedures and administer such drugs as are approved by the board, which may include, but are not limited to:

      (a) Performing venipuncture for the administration of intravenous therapy and the maintenance of intravenous therapy initiated by other authorized persons;

      (b) Creating and maintaining a passage for air to the lungs by esophageal tube;

      (c) Administering sodium bicarbonate, 5 percent dextrose, and volume expanders; and

      (d) Applying pneumatic trousers to control shock.

      Sec. 5.  An applicant for any permit, license or certificate issued pursuant to this chapter shall furnish to the health division a complete set of his fingerprints and written permission authorizing the health division to forward those fingerprints to the Federal Bureau of Investigation for its report. The health division may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant.

      Sec. 6.  NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health division may issue licenses to attendants.

      2.  Each license must be evidenced by a card issued to the license holder.

      3.  [The health division shall charge no fee for a license.

      4.]  Each license is valid for a period not to exceed 3 years, and is renewable.

      [5.]4.  To obtain a license under the provisions of this chapter, an attendant shall file with the health division:

      (a) A current, valid certificate evidencing his successful completion of a training program or course in advanced first aid equivalent to the programs or courses in advanced first aid offered by:

             (1) The American Red Cross;

             (2) The United States Bureau of Mines;

             (3) The Armed Forces of the United States (to medical corpsmen); or

             (4) Any other rescue or emergency first aid organization recognized by the board.

      (b) A signed statement showing his:

             (1) Name and address;

             (2) Employer’s name and address; and

             (3) Job description.

      (c) Such other certificates for training and such other items as the board may specify.


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ê1981 Statutes of Nevada, Page 279 (Chapter 144, SB 147)ê

 

      [6.]5.  An attendant who is not a volunteer shall file with the health division, in addition to the items specified in subsections [5,] 4, a current, valid certificate as an emergency medical technician.

      [7.]6.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

      [8.]7.  Each ambulance service and air ambulance service shall annually file with the health division a complete list of licensed attendants of such service.

      [9.]8.  Licensed physicians and nurses may serve as attendants without being licensed as ambulance attendants.

      Sec. 7.  NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician shall apply to the health division using forms prescribed by the health division.

      2.  [The health division shall charge no fee for an emergency medical technician certificate.

      3.]  The health division, under regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications as an emergency medical technician, and shall issue an emergency medical technician certificate to each qualified applicant.

      [4.]3.  An emergency medical technician certificate [shall be] is valid for a period not exceeding 2 years and may be renewed if the holder meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.

      [5.]4.  The health division may suspend or revoke an emergency medical technician certificate if it is determined that the holder no longer meets the prescribed qualifications. The holder has the right of appeal to the board.

      [6.]5.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician and by those who qualify to give advanced and intermediate emergency care pursuant to the provisions of [subsection 7.] subsections 6 and 7.

      [7.]6. The board shall determine training and other requirements for the provision of intermediate emergency care, including but not limited to, administration of intravenous therapy, application of pneumatic trousers for the control of shock, management of a passage for air to the lungs, and other techniques approved by the board. No attendant may give, and no ambulance service may offer, intermediate emergency care without fulfilling the requirements established by the board.

      7.  The board shall determine training and other requirements for the [delivery] provision of advanced emergency care, including but not limited to defibrillation and administration of parenteral injections. No attendant may give, and no ambulance service may offer, [such] advanced emergency care without fulfilling the requirements established by the board.

      Sec. 8.  NRS 450B.200 is hereby amended to read as follows:

      450B.200  1.  The health division may issue permits for the operation of ambulance service and air ambulance service.

      2.  Each permit [shall] must be evidenced by a card issued to the permitholder.


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ê1981 Statutes of Nevada, Page 280 (Chapter 144, SB 147)ê

 

      3.  No permit may be issued unless the applicant is qualified under [rules and] the regulations of the board.

      4.  An application for a permit [shall] must be made upon forms prescribed by the board and in accordance with procedures established by the board, and [shall] must contain the following:

      (a) The name and address of the owner of the ambulance service or air ambulance service or proposed service;

      (b) The name under which the applicant is doing business or proposes to do business;

      (c) A description of each ambulance or air ambulance, including the make, model, year of manufacture, motor and chassis numbers, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicant’s ambulance or air ambulance;

      (d) The location and description of the place or places from which the ambulance or air ambulance service is intended to operate; and

      (e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.

      5.  The board may establish [an annual permit fee not to exceed $10.] a reasonable fee for annual permits.

      6.  All permits [shall] expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days prior to the expiration date.

      7.  The health division may [revoke,] : (a) Revoke, suspend or refuse to renew any permit to operate an ambulance or air ambulance service for violation of any provision of this chapter or of any regulation adopted by the board [.

      8.  No revocation, suspension or refusal may be made without the concerned permitholder’s having been afforded an opportunity for a public hearing before the board in the matter prior to such time as any suit is filed in] ; or

      (b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter [.] ,

only after the holder of a permit is afforded an opportunity for a public hearing before the board.

      [9.]8.  The health division may suspend a permit if the [permitholder] holder is using an ambulance or air ambulance which does not meet the minimum equipment requirements as established by the board pursuant to this chapter.

      [10.]9.  The issuance of a permit under this section or NRS 450B.210 does not authorize any person, firm, corporation, association or government entity to provide ambulance or air ambulance services or to operate any ambulance or air ambulance not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.

 

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ê1981 Statutes of Nevada, Page 281ê

 

CHAPTER 145, AB 242

Assembly Bill No. 242–Committee on Commerce

CHAPTER 145

AN ACT relating to savings and loan associations; raising the limit on individual residential loans made by those associations; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  NRS 673.276 is hereby amended to read as follows:

      673.276  1.  An association may invest in:

      (a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.

      (b) Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.

      (c) Stock of a federal home-loan bank of which it is eligible to be a member.

      (d) Any obligations or consolidated obligations of any federal home-loan bank or banks.

      (e) Stock or obligations of the Federal Savings and Loan Insurance Corporation.

      (f) Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.

      (g) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.

      (h) Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the association’s purposes or powers.

      (i) Savings accounts of any insured state-licensed association and of any federal savings and loan association, but each investment in any other savings and loan association must be fully insured by the Federal Savings and Loan Insurance Corporation.

      (j) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.

      (k) Shares and other securities of a state development corporation organized under the provisions of chapter 670 of NRS.

      2.  An association may invest any portion of its money in loans secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter. [, but no one nonresidential loan may be made in excess of 2 percent of the total savings accounts of the association unless approved in writing by the commissioner.]

      3.  An association may invest any of its money in a loan to finance a borrower’s interest in or to refinance his existing interest in a cooperative housing corporation if the loan is secured by:

 


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ê1981 Statutes of Nevada, Page 282 (Chapter 145, AB 242)ê

 

borrower’s interest in or to refinance his existing interest in a cooperative housing corporation if the loan is secured by:

      (a) A first security interest in stock or a certificate of membership in the cooperative housing corporation; and

      (b) An assignment of or lien on the borrower’s interest in the lease or other right of tenancy to a dwelling unit of the cooperative housing corporation.

A first security interest may exist notwithstanding any mortgage or deed of trust encumbering the property owned by the cooperative housing corporation if the stock or certificate of membership in the corporation and the borrower’s lease or other right of tenancy are not encumbered with a prior security interest. For purposes of this chapter, additional loans or advances on the same interest in a cooperative housing corporation, without intervening liens, shall be deemed to be first security interests. For purposes of this chapter, the interest in a cooperative housing corporation which is encumbered by a security interest shall be deemed to be real property and the security interest shall be deemed to be a mortgage on real property.

      4.  No association may create loans by investment in real property farther than 100 miles from its home office or a full-service branch, unless it has the prior, written approval of the commissioner. The investment may include the subdivision and development of real property principally for residential use. An association must not have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the written permission of the commissioner.

 

________

 

 

CHAPTER 146, SB 393

Senate Bill No. 393–Senator Getto (by request)

CHAPTER 146

AN ACT relating to public health; abolishing the state’s responsibility to control gnats and mosquitoes; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  NRS 439.175 is hereby repealed.

 

________

 

 


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ê1981 Statutes of Nevada, Page 283ê

 

CHAPTER 147, AB 322

Assembly Bill No. 322–Committee on Government Affairs

CHAPTER 147

AN ACT relating to Nevada Mineral Industry Week; changing the time for its observance; and providing other matters properly relating thereto.

 

[Approved April 28, 1981]

 

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

 

      Section 1.  NRS 236.050 is hereby amended to read as follows:

      236.050  1.  The governor shall annually proclaim the first week in [February] June to be Nevada Mineral Industry Week to commemorate the important role of mining [has had] in the history and economy of the state.

      2.  The proclamation shall call upon news media, educators and state officials to [call] bring to the attention of [the citizens of Nevada to] Nevada’s citizens the history of mining the state and the role it plays in the development of the culture and economy of its people.

 

________

 

 

CHAPTER 148, SB 188

Senate Bill No. 188–Committee on Judiciary

CHAPTER 148

AN ACT relating to the custody of children; revising provisions on determination of custody after parents’ separation or dissolution of marriage; enlarging provisions for joint custody; providing for access to records concerning a minor child by a noncustodial parent; and providing other matters properly relating thereto.

 

[Approved April 29, 1981]

 

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

 

      Section 1.  Chapter 125 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  The legislature declares that it is the policy of this state:

      1.  To ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have become separated or have dissolved their marriage; and

      2.  To encourage such parents to share the rights and responsibilities of child rearing.

      Sec. 3.  1.  In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.

      2.  No preference may be given to either parent for the sole reason that the parent is the mother or the father of the child.

      3.  The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:


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

ê1981 Statutes of Nevada, Page 284 (Chapter 148, SB 188)ê

 

      (a) To both parents jointly pursuant to section 4 of this act or to either parent.

             (1) If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court shall state in its decision the reason for its denial of the parent’s application.

             (2) When awarding custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

      (b) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.

      (c) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.

      4.  In determining the best interest of the child, the court shall consider, among other things:

      (a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody; and

      (b) Any nomination by a parent of a guardian for the child.

      Sec. 4.  1.  There is a presumption, affecting the burden of proof, that joint custody would be in the best interest of a minor child if the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage.

      2.  The court may award joint legal custody without awarding joint physical custody in a case where the parents have agreed to joint legal custody.

      3.  For assistance in making a determination whether an award of joint custody is appropriate, the court may direct that an investigation be conducted.

      Sec. 5.  1.  Before the court makes an order awarding custody to any person other than a parent, without the consent of the parents, it shall make a finding that an award of custody to a parent would be detrimental to the child and the award to a nonparent is required to serve the best interest of the child.

      2.  No allegation that parental custody would be detrimental to the child, other than a statement of that ultimate fact, may appear in the pleadings.

      3.  The court may exclude the public from any hearing on this issue.

      Sec. 6.  1.  The court may, when appropriate, require the parents to submit to the court a plan for carrying out the court’s order concerning custody.

      2.  Access to records and other information pertaining to a minor child, for example, medical, dental and school records, must not be denied to a parent for the reason that the parent is not the child’s custodial parent.

      Sec. 7.  NRS 125.140 is hereby amended to read as follows:

      125.140  1.  In determining custody of a minor child in an action brought under this chapter, the [sole consideration of the court is the best interest of the child, and no preference may be given to either parent for the sole reason that the parent is the mother or the father of the child.


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

ê1981 Statutes of Nevada, Page 285 (Chapter 148, SB 188)ê

 

If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.

      2.  In actions for divorce the] court may:

      (a) During the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of [such] the minor children as appears in their best interest; and

      (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.

The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      [3.]2. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  All orders authorized by [subsection 2 shall] this section must be made in accordance with the provisions of chapter 125A of NRS.

      [4.]5.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered under this section ceases upon the death of the person to whom [such] the order was directed.

 

________

 

 

CHAPTER 149, AB 369

Assembly Bill No. 369–Committee on Taxation

CHAPTER 149

AN ACT relating to taxation; increasing the rate of the local school support tax and the city-county relief tax and changing the distribution of the latter; requiring monthly collection of certain taxes; fixing the rate of the property tax for the operation of public schools; and providing other matters properly relating thereto.

 

[Approved April 30, 1981]

 

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

 

      Section 1.  NRS 369.173 is hereby amended to read as follows:

      369.173  1.  The state controller shall distribute, on a monthly basis, five-nineteenths of that portion of the [moneys] money collected during the preceding month under NRS 369.330 which is derived from the tax on liquor containing more than 22 percent of alcohol by volume among Carson City and the counties of this state in proportion to their respective populations [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce] and shall apportion [such moneys] that money within the counties as follows:

 


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

ê1981 Statutes of Nevada, Page 286 (Chapter 149, AB 369)ê

 

the preceding month under NRS 369.330 which is derived from the tax on liquor containing more than 22 percent of alcohol by volume among Carson City and the counties of this state in proportion to their respective populations [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce] and shall apportion [such moneys] that money within the counties as follows:

      [1.](a) If there are no incorporated cities within the county, the entire amount [shall] must go into the county treasury.

      [2.](b) If there is one incorporated city within the county the money [shall] must be apportioned between the city and the county on the basis of the population of [such] the city and the population of [such] the county excluding the population of [such] the city. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

      [3.](c) If there are two or more incorporated cities within the county, the entire amount [shall] must be apportioned among [such] the cities in proportion to their respective populations. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

      (d) In Carson City the entire amount [shall] must go into the city treasury.

      2.  The governor shall annually, on or before January 1, certify the population of each county and city to be used for the purposes of this section during the fiscal year beginning on the following July 1.

      Sec. 1.3.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, [shall] must be paid to the department in the form of remittances payable to the department.

      2.  The department shall:

      (a) As compensation to the state for the costs of collecting the taxes and license fees, transmit on a monthly basis such sum as the legislature shall specify from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit the same to the credit of the department. Such deposited moneys shall be expended by the department in accordance with its work program established pursuant to law.

      (b) Transmit the balance of such payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.

      (c) Report to the state controller monthly the amount of collections.

      3.  The money in the cigarette tax fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce; the] The amount in [such] the fund which was collected during the preceding month [shall] must be apportioned and distributed by the state treasurer as follows:

      (a) In counties having a population of 5,000 or more;

             (1) If there are no incorporated cities within the county, the entire amount [shall] must go into the county treasury.


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

ê1981 Statutes of Nevada, Page 287 (Chapter 149, AB 369)ê

 

             (2) If there is one incorporated city within the county the money [shall] must be apportioned between the city and the county on the basis of the population of [such] the city and the population of [such] the county excluding the population of [such] the city. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

             (3) If there are two or more incorporated cities within the county, the entire amount [shall] must be apportioned among [such] the cities in proportion to their respective populations. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

      (b) In counties having a population of less than 5,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount [shall] must go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money [shall] must be apportioned between the city or town and the county on the basis of the population of [such] the city or town and the population of [such] the county excluding the population of [such] the city or town. [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.]

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount [shall] must be apportioned among [such] the cities or towns in proportion to their respective populations. [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.]

      (c) In Carson City the entire amount [shall] must go into the city treasury.

      4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

      5.  The governor shall annually, on or before January 1, certify the population of each county and city to be used for the purposes of this section during the fiscal year beginning on the following July 1. He shall also certify the population of each unincorporated town entitled to share in the distribution, if so requested by the board of county commissioners on or before the preceding July 1.

      Sec. 1.7.  NRS 372.355 is hereby amended to read as follows:

      372.355  [The] Except as provided in NRS 372.380, the taxes imposed by this chapter are payable to the department [quarterly] monthly on or before the last day of the month next succeeding each [quarterly period.] month.

      Sec. 2.  NRS 372.360 is hereby amended to read as follows:

      372.360  1.  On or before the last day of the month following each [quarterly period of 3 months,] reporting period, a return for the preceding [quarterly] period must be filed with the department in such form as the department may prescribe.


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ê1981 Statutes of Nevada, Page 288 (Chapter 149, AB 369)ê

 

      2.  For purposes of the sales tax a return must be filed by each seller. For purposes of the use tax a return must be filed by each retailer maintaining a place of business in the state and by each person purchasing tangible personal property, the storage, use or other consumption of which is subject to the use tax, who has not paid the use tax due to a retailer required to collect the tax.

      3.  Returns must be signed by the person required to file the return or by his [duly] authorized agent but need not be verified by oath.

      Sec. 2.4.  NRS 372.370 is hereby amended to read as follows:

      372.370  The taxpayer shall deduct and withhold from the taxes otherwise due from him [2] 1.5 percent of it to reimburse himself for the cost of collecting the tax.

      Sec. 2.5.  NRS 372.380 is hereby amended to read as follows:

      372.380  The department, if it deems [it] this action necessary in order to insure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payment of the amount of taxes for [quarterly] periods other than calendar [quarters,] months, depending upon the principal place of business of the seller, retailer or purchaser, as the case may be, or for other than [quarterly] monthly periods.

      Sec. 3.  NRS 372.405 is hereby amended to read as follows:

      372.405  The amount of the determination, exclusive of penalties, bears interest at the rate of one-half of 1 percent per month, or fraction of a month, from the last day of the month following the [quarterly] period for which the amount or any portion of it should have been returned until the date of payment.

      Sec. 4.  NRS 372.430 is hereby amended to read as follows:

      372.430  1.  Except in the case of fraud, intent to evade this chapter or [authorized regulations issued] regulations adopted under it, a failure to make a return, or of a claim for additional amount pursuant to NRS 372.485, every notice of a deficiency determination must be personally served or mailed within 3 years after the last day of the calendar month following the [quarterly] period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires the later. In the case of a failure to make a return, or a claim for additional amount pursuant to NRS 372.485, every notice of determination must be mailed or personally served within 8 years after the last day of the calendar month following the [quarterly] period for which the amount is proposed to be determined.

      2.  The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use or other consumption of which notice of a deficiency determination has been or is given pursuant to NRS 372.425, 372.455 and 372.465, and to subsection 1 of this section. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use or other consumption of property for the sale of which notice of a deficiency determination has been or is given pursuant to NRS 372.425, 372.455 and 372.465, and to subsection 1 of this section.

      3.  If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the taxpayer has consented in writing to the mailing of the notice after that time, the notice may be mailed at any time before the expiration of the period agreed upon.


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

ê1981 Statutes of Nevada, Page 289 (Chapter 149, AB 369)ê

 

notice may be mailed at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

      Sec. 5.  NRS 372.445 is hereby amended to read as follows:

      372.445  The amount of the determination, exclusive of penalties, bears interest at the rate of one-half of 1 percent per month, or fraction of a month, from the last day of the month following the [quarterly] period for which the amount or any portion of it should have been returned until the date of payment.

      Sec. 6.  NRS 372.510 is hereby amended to read as follows:

      372.510  1.  The department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the department may determine. The department shall fix the amount of the security which, except as noted below, may not be greater than [twice the estimated average liability of persons filing returns for quarterly periods or] three times the estimated average liability of persons [required to file] filing returns for monthly periods, determined in such manner as the department deems proper, or $10,000, whichever amount is the lesser.

      2.  In the case of persons who are habitually delinquent in their obligations under this chapter, the amount of the security may not be greater than [three times the average liability of persons filing returns for quarterly periods or] five times the average liability of persons [required to file] filing returns for monthly periods, or $10,000, whichever amount is the lesser.

      3.  The limitations provided in this section apply regardless of the type of security placed with the department.

      4.  The amount of the security may be increased or decreased by the department subject to the limitations provided in this section.

      5.  The department may sell the security at public auction if it becomes necessary [so to do in order] to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the department at a private sale at a price not lower than the prevailing market price.

      6.  Upon any sale any surplus above the amounts due must be returned to the person who placed the security.

      Sec. 7.  NRS 372.635 is hereby amended to read as follows:

      372.635  1.  No refund may be allowed unless a claim for it is filed with the department within 3 years from the last day of the month following the close of the [quarterly] period for which the overpayment was made, or, with respect to determinations made under NRS 372.400 to 372.455, inclusive, within 6 months after the determinations become final, or within 6 months from the date of overpayment, whichever period expires later.


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ê1981 Statutes of Nevada, Page 290 (Chapter 149, AB 369)ê

 

      2.  No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to NRS 372.430.

      Sec. 8.  NRS 372.660 is hereby amended to read as follows:

      372.660  1.  Interest must be paid upon any overpayment of any amount of tax at the rate of one-half of 1 percent per month from the last day of the calendar month following the [quarterly] period for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

      2.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the department that a claim may be filed or the date upon which the claim is certified to the state board of examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.

      Sec. 9.  NRS 372.775 is hereby amended to read as follows:

      372.775  In the determination of any case arising under this chapter, the rule of res judicata is applicable only if the liability involved is for the same [quarterly] period as was involved in another case previously determined.

      Sec. 10.  NRS 374.110 is hereby amended to read as follows:

      374.110  For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers at the rate of [1] 1.5 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in a county. [on or after July 1, 1967.]

      Sec. 10.5.  NRS 374.110 is hereby amended to read as follows:

      374.110  For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers at the rate of [1.5] 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in a county.

      Sec. 11.  NRS 374.190 is hereby amended to read as follows:

      374.190  An excise tax is hereby imposed on the storage, use or other consumption in a county of tangible personal property purchased from any retailer [on or after July 1, 1967,] for storage, use or other consumption in the county at the rate of [1] 1.5 percent of the sales price of the property.

      Sec. 11.5.  NRS 374.190 is hereby amended to read as follows:

      374.190  An excise tax is hereby imposed on the storage, use or other consumption in a county of tangible personal property purchased from any retailer for storage, use or other consumption in the county at the rate of [1.5] 1 percent of the sales price of the property.

      Sec. 11.7.  NRS 374.310 is hereby amended to read as follows:

      374.310  1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a contract on public works executed prior to July 1, 1967.


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ê1981 Statutes of Nevada, Page 291 (Chapter 149, AB 369)ê

 

      2.  There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a contract on public works executed prior to May 1, 1981.

      Sec. 11.8.  NRS 374.315 is hereby amended to read as follows:

      374.315  1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into prior to July 1, 1967.

      2.  There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into prior to May 1, 1981.

      Sec. 12.  NRS 374.360 is hereby amended to read as follows:

      374.360  [The] Except as provided in NRS 374.385, the taxes imposed by this chapter are due and payable to the department [quarterly] monthly on or before the last day of the month next succeeding each [quarterly period.] month.

      Sec. 13.  NRS 374.365 is hereby amended to read as follows:

      374.365  1.  On or before the last day of the month following each [quarterly period of 3 months,] reporting period, a return for the preceding [quarterly period shall] period must be filed with the department in such form as the department may prescribe.

      2.  For purposes of the sales tax a return [shall] must be filed by every seller. For purposes of the use tax a return [shall] must be filed by every retailer maintaining a place of business in the county and by every person purchasing tangible personal property, the storage, use or other consumption of which is subject to the use tax, who has not paid the use tax due to a retailer required to collect the tax.

      3.  Returns [shall] must be signed by the person required to file the return or by his [duly] authorized agent but need not be verified by oath.

      Sec. 13.4.  NRS 374.375 is hereby amended to read as follows:

      374.375  The taxpayer shall deduct and withhold from the taxes otherwise due from him [0.5] 1.5 percent thereof to reimburse himself for the cost of collecting the tax.

      Sec. 13.5.  NRS 374.385 is hereby amended to read as follows:

      374.385  The department, if it deems [it] this action necessary in order to insure payment to or facilitate the collection by the county of the amount of taxes, may require returns and payment of the amount of taxes for [quarterly] periods other than calendar [quarters,] months, depending upon the principal place of business of the seller, retailer or purchaser as the case may be, or for other than [quarterly] monthly periods.

      Sec. 14.  NRS 374.410 is hereby amended to read as follows:

      374.410  The amount of the determination, exclusive of penalties, [shall bear] bears interest at the rate of one-half of 1 percent per month, or fraction [thereof,] of a month, from the last day of the month following the [quarterly] period for which the amount or any portion [thereof] of it should have been returned until the date of payment.


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ê1981 Statutes of Nevada, Page 292 (Chapter 149, AB 369)ê

 

      Sec. 15.  NRS 374.435 is hereby amended to read as follows:

      374.435  1.  Except in the case of fraud, intent to evade this chapter or [authorized rules and regulations issued thereunder,] the regulations adopted under it, a failure to make a return, or of a claim for additional amount pursuant to NRS 374.490, every notice of a deficiency determination [shall] must be personally served or mailed within 3 years after the last day of the calendar month following the [quarterly] period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires the later. In the case of a failure to make a return, or a claim for additional amount pursuant to NRS 374.490, every notice of determination [shall] must be mailed or personally served within 8 years after the last day of the calendar month following the [quarterly] period for which the amount is proposed to be determined.

      2.  The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use or other consumption of which notice of a deficiency determination has been or is given pursuant to NRS 374.430, 374.460 and 374.470, and to subsection 1 of this section. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use or other consumption of property for the sale of which notice of a deficiency determination has been or is given pursuant to NRS 374.430, 374.460 and 374.470, and to subsection 1 of this section.

      3.  If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the taxpayer has consented in writing to the mailing of the notice after [such] that time, the notice may be mailed at any time [prior to] before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

      Sec. 16.  NRS 374.450 is hereby amended to read as follows:

      374.450  The amount of the determination, exclusive of penalties, [shall bear] bears interest at the rate of one-half of 1 percent per month, or fraction [thereof,] of a month, from the last day of the month following the [quarterly] period for which the amount [,] or any portion [thereof,] of it should have been returned until the date of payment.

      Sec. 17.  NRS 374.515 is hereby amended to read as follows:

      374.515  1.  The department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject [thereto] to the chapter to place with it such security as the department may determine. The amount of the security [shall] must be fixed by the department but, except as noted below, [shall] may not be greater than [twice the estimated average liability of persons filing returns for quarterly periods or] three times the estimated average liability of persons [required to file] filing returns for monthly periods, determined in such manner as the department deems proper, or $5,000, whichever amount is the lesser.

      2.  In case of persons habitually delinquent in their obligations under this chapter, the amount of the security [shall] must not be greater than [three times the average liability of persons filing returns for quarterly periods or] five times the average liability of persons [required to file] filing returns for monthly periods, or $5,000, whichever amount is the lesser.


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ê1981 Statutes of Nevada, Page 293 (Chapter 149, AB 369)ê

 

filing returns for monthly periods, or $5,000, whichever amount is the lesser.

      3.  The limitations [herein] provided in this section apply regardless of the type of security placed with the department.

      4.  The amount of the security may be increased or decreased by the department subject to the limitations [herein provided.] in this section.

      5.  The department may sell the security at public auction if it becomes necessary [so to do in order] to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service [shall] must be made in the manner prescribed for service of a notice of a deficiency determination and [shall] must be addressed to the person at his address as it appears in the records of the department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may [, however,] be sold by the department at a private sale at a price not lower than the prevailing market price. [thereof.]

      6.  Upon any sale any surplus above the amounts due [shall] must be returned to the person who placed the security.

      Sec. 18.  NRS 374.640 is hereby amended to read as follows:

      374.640  1.  No refund [shall] may be allowed unless a claim [therefor] for it is filed with the department within 3 years from the last day of the month following the close of the [quarterly] period for which the overpayment was made, or, with respect to determinations made under NRS 374.405 to 374.460, inclusive, within 6 months after the determinations become final, or within 6 months from the date of overpayment, whichever period expires [the] later.

      2.  No credit [shall] may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within [such] that period, or unless the credit relates to a period for which a waiver is given pursuant to NRS 374.435.

      Sec. 19.  NRS 374.665 is hereby amended to read as follows:

      374.665  1.  Interest [shall] must be paid upon any overpayment of any amount of tax at the rate of one-half of 1 percent per month from the last day of the calendar month following the [quarterly] period for which the overpayment was made; but no refund or credit [shall] may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

      2.  The interest [shall] must be paid as follows:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the department that a claim may be filed or the date upon which the claim is certified to the board of county commissioners, whichever date is [the] earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.

      Sec. 20.  NRS 374.780 is hereby amended to read as follows:

      374.780  In the determination of any case arising under this chapter, the rule of res judicata is applicable only if the liability involved is for the same [quarterly] period as was involved in another case previously determined.


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ê1981 Statutes of Nevada, Page 294 (Chapter 149, AB 369)ê

 

      Sec. 20.5.  NRS 374.785 is hereby amended to read as follows:

      374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter [shall] must be paid to the department in the form of remittances payable to the department.

      2.  The department shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the local school support tax fund hereby created.

      3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the local school support tax fund:

      (a) Transfer one-half of 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the general fund in the state treasury as compensation to the state for the costs of collecting the tax for the counties.

      (b) Determine for each county treasurer the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection.

      (c) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.

      (d) Remit the amount owed to each county by remitting such moneys to the credit of the county school district fund.

      Sec. 20.9.  NRS 377.020 is hereby amended to read as follows:

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

      1.  “Basic city-county relief tax” means that portion of the tax which is levied at the rate of 0.5 percent.

      2.  “City” means an incorporated city or incorporated town.

      [2.]3.  “County” includes Carson City.

      4.  “Supplemental city-county relief tax” means the remainder of the tax after subtracting the basic city-county relief tax.

      Sec. 21.  NRS 377.030 is hereby amended to read as follows:

      377.030  [1.  Upon petition by the majority of the governing body of each city within a county, the] 1.  The board of county commissioners shall enact an ordinance imposing a city-county relief tax. [The board shall not enact such ordinance unless all cities within the county so petition.

      2.  The board of supervisors of Carson City may on its own motion enact an ordinance imposing a city-county relief tax.

      3.  The board of county commissioners of a county having no incorporated cities may on its own motion enact an ordinance imposing a city-county relief tax.

      4.  Any]2.  The ordinance enacted pursuant to this section [shall] must provide that the city-county relief tax [shall] be imposed on the first day of the first [calendar quarter] month following the effective date of the ordinance. [, or on July 1, 1969, whichever is later.

      5.  An ordinance so enacted shall not be repealed, except by the board of supervisors of Carson City, unless a majority of the governing body of each city within the county petitions for its repeal.


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ê1981 Statutes of Nevada, Page 295 (Chapter 149, AB 369)ê

 

board of supervisors of Carson City, unless a majority of the governing body of each city within the county petitions for its repeal. In the case of an ordinance adopted pursuant to subsection 3, the provisions thereof may be repealed by proper action of the board of county commissioners.]

      Sec. 22.  NRS 377.040 is hereby amended to read as follows:

      377.040  [Any] The city-county relief tax ordinance enacted under this chapter [shall] must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of [one-half of 1] 2.25 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.

      2.  Provisions substantially identical to those of the Local School Support Tax Law, insofar as applicable.

      3.  A provision that all amendments to the provisions of the Local School Support Tax Law subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, [shall] automatically become a part of the city-county relief tax ordinance of the county.

      4.  A provision that the county shall contract [prior to] before the effective date of the city-county relief tax ordinance with the department to perform all functions incident to the administration or operation of the city-county relief tax.

      Sec. 22.5.  NRS 377.040 is hereby amended to read as follows:

      377.040  The city-county relief tax ordinance enacted under this chapter must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of [2.25] one-half of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.

      2.  Provisions substantially identical to those of the Local School Support Tax Law, insofar as applicable.

      3.  A provision that all amendments to the provisions of the Local School Support Tax Law subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the city-county relief tax ordinance of the county.

      4.  A provision that the county shall contract before the effective date of the city-county relief tax ordinance with the department to perform all functions incident to the administration or operation of the city-county relief tax.

      Sec. 23.  NRS 377.050 is hereby amended to read as follows:

      377.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter [shall] must be paid to the department in the form of remittances made payable to the department.

      2.  The department shall [transmit] deposit the payments [to] with the state treasurer [to be deposited in the state treasury to the credit of] for credit to the city-county relief tax fund which is hereby created.

      3.  The state controller, acting upon the collection data furnished by the department, shall monthly [:

      (a) Transfer] transfer from the city-county relief tax fund one-half of 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the state general fund [in the state treasury] as compensation to the state for the cost of collecting the tax for the counties.


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ê1981 Statutes of Nevada, Page 296 (Chapter 149, AB 369)ê

 

during the preceding month to the state general fund [in the state treasury] as compensation to the state for the cost of collecting the tax for the counties.

      [(b) Determine for each county an amount of money equal to the sum of:

             (1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and

             (2) That portion of the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      (c) Remit the amount determined for each county in the following manner:

             (1) If there is one incorporated city in the county, apportion such moneys between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

             (2) If there are two or more cities in the county, apportion all such moneys among the cities in proportion to their respective populations.

             (3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

      4.  The provisions of subsection 3 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the state controller in the general fund.

      5.  Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.]

      Sec. 24.  Chapter 377 of NRS is hereby amended by adding thereto the provisions set forth as sections 25 and 26 of this act.

      Sec. 25.  1.  The state controller, acting upon the collection data furnished by the department, shall monthly:

      (a) Determine for each county an amount of money equal to the sum of:

             (1) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050; and

             (2) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      (b) Remit the amount determined for each county in the following manner:

             (1) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.


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ê1981 Statutes of Nevada, Page 297 (Chapter 149, AB 369)ê

 

the respective populations of the city and the unincorporated area of the county.

            (2) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.

             (3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

      2.  The provisions of paragraph (b) of subsection 1 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the state controller in the general fund.

      3.  The governor shall annually, on or before January 1, certify the population of each county and city to be used for the purposes of this section during the fiscal year beginning on the following July 1.

      Sec. 26.  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month:

      (a) Distribute $20,000 to each county, except that in any one fiscal year no county may receive more than its basic ad valorem revenue.

      (b) Distribute the amount specified in this paragraph among the following counties and cities in the following percentages:

 

Political Subdivision                                                                        Percentage

Churchill County..........................................................................           3.23

City of North Las Vegas...............................................................        46.52

City of Carlin.................................................................................           2.72

Esmeralda County.........................................................................             .20

Eureka County...............................................................................             .71

City of Winnemucca......................................................................           5.56

City of Caliente.............................................................................             .46

City of Yerington...........................................................................           4.77

Mineral County.............................................................................           9.96

City of Gabbs.................................................................................           4.31

Pershing County............................................................................           2.52

City of Lovelock.............................................................................           5.77

White Pine County........................................................................           5.37

City of Ely.......................................................................................           7.90

 

For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

      (c) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The maximum amounts distributable under paragraphs (a) and (c) of subsection 1 must be estimated for each fiscal year. The percentage of basic ad valorem revenue to be replaced in each county by the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to subsections 2 and 3 of section 3 of Senate Bill No.


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ê1981 Statutes of Nevada, Page 298 (Chapter 149, AB 369)ê

 

local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to subsections 2 and 3 of section 3 of Senate Bill No. 411 of this session. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it reverts to the reserve fund for the supplemental city-county relief tax.

      3.  As used in this section, the “basic ad valorem revenue”:

      (a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

             (1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      (b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.

      Sec. 27.  NRS 118.165 is hereby amended to read as follows:

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

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

      (b) The remainder of that payment.

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

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

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

      3.  This section does not apply to:

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

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

      (c) Any room in a hotel or motel.

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

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


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ê1981 Statutes of Nevada, Page 299 (Chapter 149, AB 369)ê

 

      4.  The statements required in July [1979] 1981 by subsection 1 must show, in addition to the information required as of the date the statement is prepared, the comparable information as of July [1978.] 1980. Each landlord of property which is subject to this section shall reduce the periodic rent otherwise payable by an amount equal to 90 percent of any reduction from [1978 to 1979] 1980 to 1981 of the amount which represents property taxes as shown in the statements required by that subsection.

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

      6.  A landlord who fails to reduce the periodic rent in accordance with subsection 4 is liable to each tenant whose rent was not properly reduced for an amount equal to three times the amount which was overpaid by the tenant, unless the landlord shows good cause for the failure. If the tenant made written demand upon his landlord at least 20 days before bringing his action under this subsection, a judgment for the tenant must include costs and a reasonable attorney’s fee.

      7.  The department of taxation is responsible for enforcing the provisions of this section.

      Sec. 28.  NRS 387.1233 is hereby amended to read as follows:

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

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

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

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

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

             (4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.570, inclusive, on the last day of the first school month of the school year.

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

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

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

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

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


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ê1981 Statutes of Nevada, Page 300 (Chapter 149, AB 369)ê

 

obtained for the immediately preceding school year, the larger sum must be used in computing basic support.

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

      Sec. 29.  NRS 387.1245 is hereby amended to read as follows:

      387.1245  1.  The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS are less than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund. [and may be granted such assistance upon compliance with the following conditions and procedures:

      1.  The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.328.

      2.  Such application shall]2.  The application must be made to the state board of education in [such form as shall be] the form prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.

      3.  Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from that fund during the biennium, and shall make no distribution in excess of that difference.

      4.  The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.

      5.  If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then current estimate of the total requirements to be paid from the state distributive school fund during the then current fiscal year.

      6.  The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.

      7.  The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, [such claim shall] the claim must be paid from the state distributive school fund as other claims against the state are paid.


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ê1981 Statutes of Nevada, Page 301 (Chapter 149, AB 369)ê

 

[such claim shall] the claim must be paid from the state distributive school fund as other claims against the state are paid.

      8.  Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but [such receipts shall] the receipts must be reported as other receipts are reported and explained in a footnote as short-term financing is explained.

      9.  The state board of education shall transmit to the legislature a report of each grant of emergency assistance paid pursuant to this section.

      Sec. 30.  NRS 387.195 is hereby amended to read as follows:

      387.195  1.  [When recommended by the board of trustees of the county school district, each] Each board of county commissioners shall levy a tax [:

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

      (b) The rate which will produce the revenue permitted by NRS 387.199, whichever is lower.]

      2.  In addition to any tax levied in accordance with subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the county school district.

      Sec. 31.  NRS 387.199 and 387.328 are hereby repealed.

      Sec. 32.  Each board of county commissioners shall adopt or amend the ordinance required by this act before May 1, 1981, as an emergency measure notwithstanding any contrary provision of law. Any defect or informality in the adoption or amendment, or failure by a board to act, does not prevent the tax from becoming effective on May 1, 1981, at the rate prescribed in this act.

      Sec. 33.  Section 5 of chapter 56, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 5.  NRS 372.405 is hereby amended to read as follows:

       372.405  The amount of the determination, exclusive of penalties, bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of it should have been returned until the date of payment.

 

      Sec. 34.  Section 6 of chapter 56, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 6.  NRS 372.445 is hereby amended to read as follows:

       372.445  The amount of the determination, exclusive of penalties, bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of it should have been returned until the date of payment.


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ê1981 Statutes of Nevada, Page 302 (Chapter 149, AB 369)ê

 

      Sec. 35.  Section 12 of chapter 56, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 12.  NRS 374.410 is hereby amended to read as follows:

       374.410  The amount of the determination, exclusive of penalties, bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of it should have been returned until the date of payment.

 

      Sec. 36.  Section 13 of chapter 56, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 13.  NRS 374.450 is hereby amended to read as follows:

       374.450  The amount of the determination, exclusive of penalties, bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of it should have been returned until the date of payment.

 

      Sec. 37.  Section 25 of Assembly Bill No. 275 of this session is hereby amended to read as follows:

 

       Sec. 25.  NRS 370.260 is hereby amended to read as follows:

       370.260  1.  All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.

       2.  The department shall:

       (a) As compensation to the state for the costs of collecting the taxes and license fees, transmit on a monthly basis such sum as the legislature [shall specify] specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit [the same] this amount to the credit of the department. [Such] The deposited [moneys shall] money must be expended by the department in accordance with its work program. [established pursuant to law.]

       (b) Transmit the balance of [such] the payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax [fund.] account in the intergovernmental trust fund.

       (c) Report to the state controller monthly the amount of collections.

       3.  The money in the cigarette tax [fund] account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the [fund] account which was collected during the preceding month must be apportioned and distributed by the state treasurer as follows:

       (a) In counties having a population of 5,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.


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

ê1981 Statutes of Nevada, Page 303 (Chapter 149, AB 369)ê

 

basis of the population of the city and the population of the county excluding the population of the city.

             (3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.

       (b) In counties having a population of less than 5,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.

       (c) In Carson City the entire amount must go into the city treasury.

       4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

       5.  The governor shall annually, on or before January 1, certify the population of each county and city to be used for the purposes of this section during the fiscal year beginning on the following July 1. He shall also certify the population of each unincorporated town entitled to share in the distribution, if so requested by the board of county commissioners on or before the preceding July 1.

 

      Sec. 38.  Section 28 of Assembly Bill No. 275 of this session is hereby amended to read as follows:

 

       Sec. 28.  NRS 374.785 is hereby amended to read as follows:

       374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances payable to the department.

       2.  The department shall [transmit the payments to the state treasurer to be deposited] deposit the payments in the state treasury to the credit of the [local school support tax fund hereby created.] sales and use tax account in the state general fund.

       3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the [local school support tax fund:] sales and use tax account in the general fund:

       (a) Transfer one-half of 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund [in the state treasury] as compensation to the state for the costs of collecting the tax for the counties.


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

ê1981 Statutes of Nevada, Page 304 (Chapter 149, AB 369)ê

 

       (b) Determine for each county [treasurer] the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred [to the general fund of the state] pursuant to paragraph (a) of this subsection.

       (c) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.

       (d) [Remit the amount owed to each county by remitting such moneys] Transfer the amount owed to each county to the intergovernmental trust fund and remit the money to the credit of the county school district fund.

 

      Sec. 39.  Assembly Bill No. 275 of this session is hereby amended by adding thereto a new section which shall read as follows:

 

       Sec. 44.  Sections 25 and 28 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

      Sec. 40.  The legislature declares that this bill, Senate Bill No. 69 and Senate Bill No. 411 of this session constitute an integrated plan for the relief of the residents of this state from excessive property taxes while providing revenue for the necessary services of local government, and that their provisions are not severable. If any provision of any of these bills which becomes law, or the application thereof to any person, thing or circumstance is held invalid, the other provisions of each of these bills become ineffective, and all statutes repealed by any of these bills are revived.

      Sec. 41.  1.  Except as provided in subsection 2, sections 1 to 26, inclusive, of this act, shall become effective on May 1, 1981.

      2.  Sections 10.5, 11.5 and 22.5 of this act shall become effective on July 1, 1983.

      3.  Sections 27 to 31, inclusive, of this act shall become effective upon passage and approval for the purpose of levying taxes and preparing the required statements, and on July 1, 1981, for all other purposes.

      4.  This section and sections 32 to 40, inclusive, of this act shall become effective upon passage and approval.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 305ê

 

CHAPTER 150, SB 411

Senate Bill No. 411–Committee on Taxation

CHAPTER 150

AN ACT relating to governmental finance; fixing statutory limits on revenue of local governments derived from taxes ad valorem and the supplemental city-county relief tax and on the increase of fees imposed for regulation or revenue; creating a committee to oversee their application; removing statutory limits on expenditure by local governments; and providing other matters properly relating thereto.

 

[Approved April 30, 1981]

 

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

 

      Section 1.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  “Supplemental city-county relief tax” means the fees, taxes, interest and penalties which derive from that portion of the city-county relief tax which exceeds the original tax levied at the rate of one-half of 1 percent.

      Sec. 2.5.  1.  There is hereby created an interim legislative committee on local governmental finance, composed of:

      (a) Three members of the senate, no more than two of whom may be of the same political party, appointed by the majority leader; and

      (b) Three members of the assembly, no more than two of whom may be of the same political party, appointed by the speaker.

Each member serves during the remainder of the session in which he is appointed, during the interim, and during the next session until a successor is appointed.

      2.  The speaker of the assembly shall designate the chairman when members are appointed in the 61st session of the legislature, the majority leader of the senate shall designate the chairman when members are appointed in the 62nd session, and the chairmanship must continue to alternate between the houses of the legislature according to this pattern. The director of the legislative counsel bureau shall provide a secretary for the committee.

      3.  Except during a regular or special session of the legislature, each member of the committee is entitled to a salary of $80 for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee, plus the per diem allowance and travel expenses provided for state officers and employees. All such compensation must be paid from the legislative fund.

      Sec. 3.  1.  The maximum amount of money which a local government, except a school district, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before the date of passage and approval of this act, must be calculated by:

      (a) First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this paragraph:


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

ê1981 Statutes of Nevada, Page 306 (Chapter 150, SB 411)ê

 

             (1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      (b) Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before December 1 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal in writing to the interim legislative committee on local governmental finance, which may increase or decrease the estimate as it finds the facts warrant.

      (c) Then reducing the amount resulting from paragraphs (a) and (b) if necessary to bring it within any applicable limit provided in this section.

      2.  For the fiscal years beginning on and after July 1, 1982, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, must be calculated as follows:

      (a) Assessed valuation for the preceding fiscal year, including net proceeds of mines, is added to an amount equal to the product of that assessed valuation multiplied by the percentage increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government.

      (b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.

If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this subsection is reduced by the amount of that tax ad valorem. If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.

      3.  For each fiscal year beginning on or after July 1, 1982, the revenue of the local government from taxes ad valorem, except those levied for debt service, must not exceed the amount calculated as follows:

      (a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll it will produce 104.5 percent of the revenue received from taxes ad valorem in the preceding fiscal year.


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

ê1981 Statutes of Nevada, Page 307 (Chapter 150, SB 411)ê

 

      (b) This rate must be applied to the total assessed valuation, including new real property, possessory interests and mobile homes, for the current fiscal year.

      4.  The local government may exceed the respective limits imposed by this section upon combined amounts received and upon calculated receipts from taxes ad valorem only as provided in section 3.3 of this act or if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.

      5.  To the maximum combined revenue otherwise allowable under this section to a local government, the interim legislative committee on local governmental finance may add its estimate of the cost to that local government of any substantial program or expense required by legislative enactment which was not in effect for all or part of the preceding fiscal year.

      Sec. 3.1.  If a board of county commissioners has apportioned a part of the general road fund of the county to any city pursuant to NRS 403.450 in the fiscal year ending on June 30, 1981, the relative amount of that apportionment must not be reduced in any subsequent fiscal year without the approval of the interim legislative committee on local governmental finance.

      Sec. 3.3.  1.  A local government, other than a school district, whose governing body determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair its financial capacity to provide the basic services for which it was created may apply through the executive director of the department of taxation to the interim legislative committee on local governmental finance for a temporary exemption from the limitations imposed by section 3 of this act. Such exemptions must be for no more than 2 years and must not permit the rate of levy for taxes ad valorem to increase by more than 50 cents per $100 of assessed valuation above the limitations otherwise established by section 3 of this act.

      2.  In evaluating such applications, the committee shall consider the recommendation of the director of the department of taxation. The executive director and the committee shall consider, without limitation, the effect of a sudden and unusual change in population served, the construction of major public works and facilities, a significant decrease in one or more revenues from sources other than property taxes, excessive increases in the unit cost of providing services, whether present or probable, and events of an uncommon nature, such as judgments and other uninsured losses or natural disasters. The committee shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the exemption if it allows one.

      Sec. 3.6.  For the purposes of section 3 of this act, the basic revenue of any local government, as otherwise determined pursuant to paragraph (a) of subsection 1 of that section, coming into being subsequent to the date of passage and approval of this act, whether newly created, consolidated or both, must be initially established and approved by the interim legislative committee on local governmental finance acting after receiving the advice of the executive director of the department of taxation.


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

ê1981 Statutes of Nevada, Page 308 (Chapter 150, SB 411)ê

 

(a) of subsection 1 of that section, coming into being subsequent to the date of passage and approval of this act, whether newly created, consolidated or both, must be initially established and approved by the interim legislative committee on local governmental finance acting after receiving the advice of the executive director of the department of taxation.

      Sec. 4.  1.  If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. There must also be deposited in this fund any proceeds of that tax which became available when for any local government the supplemental city-county relief tax otherwise distributable to its exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.

      2.  The money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the money in the fund at the beginning of any fiscal year exceeds 10 percent of the actual revenues from the supplemental city-county relief tax in the preceding fiscal year, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year. This distribution must be included in the executive director’s estimate of money to be received by each local government from the supplemental city-county relief tax.

      3.  The interim legislative committee on local governmental finance may direct the state controller to make a special distribution from the fund if it determines that the conditions prescribed in section 3.3 of this act for a temporary exemption exist, and makes written findings of the facts supporting the distribution.

      Sec. 5.  1.  A local government shall not increase any fee for a license or permit or adopt a fee for a license or permit or impose a service charge not previously assessed, including without limitation every license or permit issued for revenue or regulation or both, such as business licenses, liquor licenses, gaming licenses, and building and zoning permits, except as permitted by this section. This prohibition does not apply to service charges or fees imposed by hospitals, county airports, airport authorities, convention authorities or the Las Vegas Valley Water District.

      2.  The rate structure of any fee for a license or permit in effect on the date of passage and approval of this act is the base from which any increase in such license or permit fee must be calculated. On February 1 of each year the executive director of the department of taxation shall certify the increase in the Consumer Price Index for the preceding calendar year and shall furnish this information to each local government. Subject to the further limitation imposed by subsections 3 and 4, no fee for a permit or license may be increased more often than once in any calendar year or by an amount greater than its amount for the preceding calendar year multiplied by 80 percent of the increase in the Consumer Price Index from the beginning of the preceding calendar year to the beginning of the calendar year in which the increase is made.


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

ê1981 Statutes of Nevada, Page 309 (Chapter 150, SB 411)ê

 

Price Index from the beginning of the preceding calendar year to the beginning of the calendar year in which the increase is made.

      3.  A local government must submit any proposal to impose a new charge for service and must submit a proposal to increase a fee for a license or permit to the executive director of the department of taxation for approval if:

      (a) The method of computation of a fee for a license or permit is changed;

      (b) The method of computation existing on the date of passage and approval of this act is a fraction or percentage of the gross revenue of the business;

      (c) The classification of a type of business is changed or new categories of business are added; or

      (d) The license fee for which increases are proposed has been increased between July 1, 1979, and the date of passage and approval of this act.

A local government or any person who may be required to pay the charge or fee may appeal the decision of the executive director of the department of taxation to the interim legislative committee on local governmental finance. The executive director and the committee shall evaluate the proposal to determine whether the proposed change is consistent with the purpose of this section to limit increases in the rate structure for these revenues.

      4.  A local government may not increase any fee for a license or permit which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding calendar year by 80 percent or more of the increase in the Consumer Price Index during that preceding calendar year.

      5.  A local government may submit an application for exemption from the provisions of this section to the interim legislative committee on local governmental finance, which may grant the exemption if it finds that:

      (a) The conditions prescribed in section 3.3 of this act for a temporary exemption exist, and makes written findings of the facts supporting the exemption;

      (b) The local government has not previously charged a fee for a license or permit or imposed a service charge; or

      (c) The last increase was not recent and the rates of the fees charged by the local government are at a significantly lower level than those of other similar local governments in the state.

      6.  The provisions of this section apply to any license or permit for any purpose regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of provisions of this section is void.

      Sec. 6.  Any ending balance of the general or a special revenue fund, other than those established solely for the purpose of administering federal, state or private grants in aid, which exceeds the sum of the money appropriated for the opening balance of that fund for the succeeding fiscal year and one-twelfth of the expenditures from that fund for the fiscal year just ended may only be used to augment the appropriations of the succeeding year upon the favorable vote of a majority of the members of the governing body and upon the consent of the executive director of the department of taxation. The executive director shall not approve such an application for augmentation unless it is for the sole purpose of replacing an identifiable appropriation for a specified purpose which lapsed at the end of the preceding fiscal year and which has not been reappropriated in the year in which the augmentation is to become effective, except where the conditions prescribed in section 3.3 of this act for a temporary exemption exist.


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

ê1981 Statutes of Nevada, Page 310 (Chapter 150, SB 411)ê

 

application for augmentation unless it is for the sole purpose of replacing an identifiable appropriation for a specified purpose which lapsed at the end of the preceding fiscal year and which has not been reappropriated in the year in which the augmentation is to become effective, except where the conditions prescribed in section 3.3 of this act for a temporary exemption exist. The local government may appeal the decision of the executive director to the interim legislative committee on local governmental finance, whose decision is final. If the executive director or the committee approves the augmentation, it must make written findings of the facts supporting its action.

      Sec. 7.  1.  The department of taxation shall review each annual audit to determine whether it complies with regulations adopted pursuant to NRS 354.594. Any independent auditor’s report, whether upon financial position and results of operations or upon internal financial controls, which the department believes may not comply with those regulations must be referred by the department to the state board of accountancy for investigation and such action in respect to the issuing accountant as the board may find appropriate in the circumstances.

      2.  In its review of the annual audits submitted, the department shall identify all violations of statute and regulation reported therein. Within 60 days after the delivery of the annual audit to the local government, the governing body shall advise the department what action has been taken to prevent recurrence of each violation of law or regulation or to correct each continuing violation. The department shall evaluate the local government’s proposed plan of correction and, if the plan is satisfactory, shall so advise the governing body. If the plan is not satisfactory, the department shall advise the governing body that it deems the plan inadequate and propose an alternative plan. Within 30 days thereafter the governing body shall report its assent to the department’s plan or request a hearing before the Nevada tax commission. This hearing must be held within 30 days of such request and the determination of the Nevada tax commission is final.

      3.  If the executive director determines that the plan established is not being complied with, he must, through the office of the attorney general, seek a writ from a court of competent jurisdiction to compel the correction of the violation.

      Sec. 8.  If a local government provides a fund for self-insurance of property, for any form of insurance for the benefit of its employees, or for any other risk that it is permitted by law to assume, the reserves or balance of a fund thus provided must not be expended for any purpose other than that for which the fund was established, except that when the governing body deems the reserve or balance to be no longer required, either in whole or in part, it shall transfer the excess balance to the general fund of the local government. Any such transfer must be reported to the department of taxation within 30 days. Money so transferred is not available as a basis for augmentation of the local government’s budget during the year of transfer.

      Sec. 8.8.  NRS 354.430 is hereby amended to read as follows:

      354.430  1.  Upon the adoption of a short-term financing resolution, as provided in NRS 354.618, by a local government as defined in NRS 354.474, a certified copy thereof [shall] must be forwarded to the executive director of the department of taxation.


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

ê1981 Statutes of Nevada, Page 311 (Chapter 150, SB 411)ê

 

354.474, a certified copy thereof [shall] must be forwarded to the executive director of the department of taxation. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the political subdivisions concerned and the probable ability of the political subdivision to repay the requested short-term financing, unless the resolution provides for a special tax exempt from the limitation on taxes ad valorem, either approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation [shall] must be recorded in the minutes of the governing board.

      2.  If the executive director of the department of taxation does not approve the short-term financing resolution, the governing board of the political subdivision may appeal the executive director’s decision to the Nevada tax commission.

      3.  If the resolution provides for a special tax exempt from the limitation on taxes ad valorem, the executive director shall recommend to the interim legislative committee on local governmental finance whether the resolution should be approved. The decision of the committee is final.

      Sec. 9.  NRS 354.470 is hereby amended to read as follows:

      354.470  NRS 354.470 to 354.626, inclusive, and sections 2 to 8, inclusive, of this act, may be cited as the Local Government Budget Act.

      Sec. 10.  NRS 354.598 is hereby amended to read as follows:

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

      2.  At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget must be adopted on or before May 1 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. [If such a default budget exceeds the expenditure permitted by NRS 354.5981, the Nevada tax commission shall reduce the total expenditure to the permitted amount.] If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.455.

      3.  The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission.


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

ê1981 Statutes of Nevada, Page 312 (Chapter 150, SB 411)ê

 

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

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

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

      Sec. 11.  NRS 354.599 is hereby amended to read as follows:

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

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

      3.  The amended budget, as approved by the department of taxation, is the budget of the local government for the current fiscal year.

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

      Sec. 12.  NRS 354.615 is hereby amended to read as follows:

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

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

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

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


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

ê1981 Statutes of Nevada, Page 313 (Chapter 150, SB 411)ê

 

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

      [3.  A governing body shall not increase the budgeted expenditures from its general fund beyond the amount permitted by NRS 354.5981.]

      Sec. 12.5.  NRS 354.618 is hereby amended to read as follows:

      354.618  1.  If the public interest requires short-term financing, the governing body of any local government, by a resolution unanimously adopted, may authorize short-term financing. The resolution [shall] must contain:

      (a) A finding by the governing body that the public interest requires the short-term financing; and

      (b) A statement of the facts upon which the finding is based.

      2.  Except as provided in subsection 3, before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity [shall be] is a proper charge against its general fund.

      3.  In school districts having less than 100 pupils in average daily attendance the publication of the resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice [shall] must be made not less than 10 days previous to the date fixed in the resolution for action thereon.

      4.  The governing body shall determine in its resolution whether the money required to retire such indebtedness and interest thereon is to be provided by:

      (a) Revenues other than a special tax exempt from the limitations on levy of ad valorem taxes provided by section 3 of this act; or

      (b) A special tax so exempt.

      Sec. 13.  NRS 354.624 is hereby amended to read as follows:

      354.624  1.  Each local government shall provide for an annual audit of all funds and separate accounts in banks or savings and loan associations, established under NRS 354.603, of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit [shall] must be concluded and the audit report submitted to the governing body as provided in subsection 4 not later than 5 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for such extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause such audit to be made at the expense of the local government. All audits [shall] must be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.

      2.  The governing body may, without requiring competitive bids, designate [such] the accountant or firm annually. The accountant or firm [shall] must be designated not later than 3 months [prior to] before the close of the fiscal year for which the audit is to be made.


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

ê1981 Statutes of Nevada, Page 314 (Chapter 150, SB 411)ê

 

[shall] must be designated not later than 3 months [prior to] before the close of the fiscal year for which the audit is to be made.

      3.  Each annual audit [shall] must cover the business of the local government during the full fiscal year. It [shall] must be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements [shall] must be prescribed by the department of taxation, and the chart of accounts [shall] must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit [shall] report must compare operations of the local government with the approved budget [. Included shall be] and include a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.

      4.  The recommendation and the summary of the narrative comments of the audit report [shall] must be read in full at a meeting of the governing body held not more than 15 days after the report is submitted [.] to it. Immediately thereafter, the entire audit report [shall] , together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:

      (a) The clerk or secretary of the governing body;

      (b) The county clerk; and

      (c) The department of taxation; and

      (d) In the case of school districts, the [state] department of education.

      5.  The governing body shall act upon the audit recommendations within 6 months following receipt of the audit report, except as prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes. [Such action shall be taken within 6 months following receipt of the audit.]

      Sec. 14.  NRS 279.636 is hereby amended to read as follows:

      279.636  1.  An agency may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:

      (a) Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the state or Federal Government in aid of the projects.

      (b) Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds.

      (c) In whole or in part from taxes allocated to, and paid into a special fund of, the agency pursuant to the provisions of NRS 279.674 to 279.680, inclusive.


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

ê1981 Statutes of Nevada, Page 315 (Chapter 150, SB 411)ê

 

      (d) From its revenues generally.

      (e) From any contributions or other financial assistance from the state or Federal Government.

      (f) By any combination of these methods.

      2.  Any of such bonds may be additionally secured by a pledge of any revenues or by an encumbrance by mortgage, deed of trust or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subsection 1.

      3.  Amounts payable in any manner permitted by this section may be additionally secured by a pledge of the full faith and credit of the community whose legislative body has declared the need for the agency to function. Such additional security may only be provided upon the approval of the majority of the voters voting on the question at a general election or a special election called for that purpose. In its proposal to its voters the governing body shall define the area to be redeveloped, the primary source or sources of revenues first to be employed to retire the bonds and the maximum sum for which the city may pledge its full faith and credit in connection with the bonds to be issued for the project.

      Sec. 15.  NRS 279.638 is hereby amended to read as follows:

      279.638  1.  Neither the members of an agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance.

      2.  [The] Unless the full faith and credit of a community is pledged, the bonds and other obligations of any agency are not a debt of the community, the state or any of its political subdivisions and neither the community, the state nor any of its political subdivisions is liable on them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. [The] Unless the full faith and credit of a community is pledged, the bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

      Sec. 16.  NRS 279.676 is hereby amended to read as follows:

      279.676  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, shall be divided as follows:

      1.  That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of such taxing agencies upon the total sum of the assessed value of the taxable property in the redevlopment project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. For the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of such ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the county last equalized on the effective date of such ordinance shall be used in determining the assessed valuation of the taxable property in the project on such effective date.


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

ê1981 Statutes of Nevada, Page 316 (Chapter 150, SB 411)ê

 

after such effective date, the assessment roll of the county last equalized on the effective date of such ordinance shall be used in determining the assessed valuation of the taxable property in the project on such effective date.

      2.  That portion of such levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by such redevelopment agency to finance or refinance, in whole or in part, such redevelopment project. Unless and until the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in such project as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in such redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      3.  Taxes ad valorem distributable to the agency entitle the agency to a share of supplemental city-county relief tax allocated to the municipality in the same proportion as the supplemental city-county relief tax payable to the municipality as a whole bears to the total of the ad valorem taxes receivable by the municipality including those received for the agency.

      Sec. 17.  NRS 354.5981, 354.5983, 354.5985 and 370.330 are hereby repealed.

      Sec. 18.  1.  The executive director of the department of taxation shall provide his estimate of the amount which each local government is to receive from the supplemental city-county relief tax to that local government as soon as feasible after the passage and approval of this act.

      2.  For the fiscal year beginning July 1, 1981, the combined amount to be received by a local government from the supplemental city-county relief tax and taxes ad valorem calculated to be collectible during the fiscal year beginning on July 1, 1981 must not exceed the smaller of:

      (a) The product calculated pursuant to paragraph (a) of subsection 1 of section 3 of this act, but using the estimated assessed valuation before equalization; or

      (b) One hundred and twelve percent of the taxes ad valorem calculated to be collectible during the fiscal year ending on June 30, 1981, by multiplying the tax rate certified for that year by the assessed valuation certified for the same year, except taxes levied for debt service. Those counties and fire districts for which provision is made in subparagraphs (1) and (2) of paragraph (a) of subsection 1 of section 3 of this act are entitled to use instead of the certified rate the rates respectively specified in those subparagraphs.

      3.  An intergovernmental or intragovernmental transfer or grant, or a levy of taxes ad valorem, made during the fiscal year ending June 30, 1981, pursuant to an arrangement by which the recipient reduced its request for levy of taxes ad valorem must not be reduced during either of the two ensuing fiscal years without:


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

ê1981 Statutes of Nevada, Page 317 (Chapter 150, SB 411)ê

 

      (a) Notice to the recipient before the date fixed by law for adoption of the recipient’s final budget; and

      (b) The approval of the interim legislative committee on local governmental finance.

      Sec. 19.  Any city in which a redevelopment agency has issued and sold bonds to whose payment a portion of the taxes collected upon property in a redevelopment project has been pledged pursuant to NRS 279.676 may with the consent of the holder or holders of those bonds, amend its ordinance adopting the redevelopment plan and require the agency to amend its resolution authorizing the issuance of the bonds so as to make them payable from taxes levied for the support of the agency, as to both principal and interest.

      Sec. 20.  1.  Except as provided in subsection 2, the legislature declares that this bill, Senate Bill No. 69 and Assembly Bill No. 369 constitute an integrated plan for the relief of the residents of this state from excessive property taxes while providing revenue for the necessary services of local government, that their provisions are not severable. If any provision of any of these bills which becomes law, or the application thereof to any person, thing or circumstance is held invalid, the other provisions of each of these bills become ineffective, and all statutes repealed by any of these bills are revived.

      2.  If the interim legislative committee on local governmental finance is held invalid as a whole or unable to perform any particular function, all of its functions or that particular function, as the case may be, devolve upon the Nevada tax commission.

      Sec. 21.  1.  This section and sections 18 to 20, inclusive, of this act shall become effective upon passage and approval.

      2.  Sections 1 to 17, inclusive, of this act shall become effective upon passage and approval for the purposes of preparing budgets and calculating levies.

      3.  For all other purposes, sections 1 to 17, inclusive, of this act shall become effective July 1, 1981.

 

________

 

 

CHAPTER 151, SB 249

Senate Bill No. 249–Committee on Judiciary

CHAPTER 151

AN ACT relating to juries; permitting an officer of the court other than the judge to admonish a jury; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 16.120 is hereby amended to read as follows:

      16.120  1.  After hearing the charge, the jury shall retire for deliberation until they agree upon their verdict or are discharged by the court and [shall] must be kept together in a room provided for them, under charge of one or more officers, unless at the discretion of the court they are permitted to depart for home overnight. When the jury is kept together, the officer in charge shall keep the jury separate from other persons.


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

ê1981 Statutes of Nevada, Page 318 (Chapter 151, SB 249)ê

 

officer in charge shall keep the jury separate from other persons. He shall not permit any communication to them, or make any himself, unless by order of the court, except to ask them if they have agreed upon their verdict. The officer shall not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.

      2.  Each party to the action may appoint one or more persons, one of whom on each side is entitled to remain with the officer in charge of the jury, and to be present at all times when any communication is had with any member of the jury except when they are permitted to depart for home overnight, and no communication, either oral or written, [shall] may be made to or received from any of the jurors while they are kept together, except in the presence of and hearing of persons selected by the parties; and in case of a written communication, it [shall] must not be delivered until read by them.

      3.  At each adjournment of the court, whether the jurors are permitted to depart for home overnight or are kept in charge of officers, they [shall] must be admonished by the judge or another officer of the court that it is their duty not to:

      (a) Communicate among themselves or with any other person concerning their deliberations or any other subject connected with the trial; or

      (b) Read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including without limitation newspapers, television and radio.

      Sec. 2.  NRS 175.401 is hereby amended to read as follows:

      175.401  At each adjournment of the court, whether the jurors are permitted to separate or depart for home overnight, or are kept in charge of officers, they [shall] must be admonished by the judge or another officer of the court that it is their duty not to:

      1.  Converse among themselves or with anyone else on any subject connected with the trial;

      2.  Read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including without limitation newspapers, television and radio; or

      3.  If they have not been charged, form or express any opinion on any subject connected with the trial until the cause is finally submitted to them.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 319ê

 

CHAPTER 152, SB 250

Senate Bill No. 250–Committee on Judiciary

CHAPTER 152

AN ACT relating to judges; revising the procedures for disqualifying judges; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 1.235 is hereby amended to read as follows:

      1.235  1.  [Except to the extent otherwise permitted in a civil action by this chapter, any] Any party to an action or proceeding pending in any court other than the supreme court, who seeks to disqualify a judge for actual or implied bias or prejudice shall file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as provided in [subsection 2,] subsections 2 and 3, the affidavit must be filed:

      (a) Not less than 20 days before the date set for trial or hearing of the case; or

      (b) Not less than 3 days before the date set for the hearing of any pretrial matter.

      2.  Except as otherwise provided in this subsection [,] and subsection 3, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit must be filed:

      (a) Within [3] 10 days after the party or his attorney is notified that the case has been assigned to a judge;

      (b) Before the hearing of any pretrial matter; or

      (c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,

whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before he is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.

      3.  If a case is reassigned to a new judge and the time for filing the affidavit under subsection 1 and paragraph (a) of subsection 2 has expired, the parties have 10 days after notice of the new assignment within which to file the affidavit, and the trial or hearing of the case must be rescheduled for a date after the expiration of the 10-day period unless the parties stipulate to an earlier date.

      [3.]4.  At the time the affidavit is filed, a copy must be served upon the judge sought to be disqualified. Service must be made by delivering the copy to the judge personally or by leaving it at his chambers with some person of suitable age and discretion employed therein.

      [4.]5.  The judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

      (a) Immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; or

 


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

ê1981 Statutes of Nevada, Page 320 (Chapter 152, SB 250)ê

 

request the judge of another district court to preside at the trial or hearing of the matter; or

      (b) File a written answer with the clerk of the court within 2 days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of his disqualification. The question of the judge’s disqualification must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:

             (1) By the chief judge in judicial districts having more than one judge, or if the chief judge is sought to be disqualified, by the judge having the greatest number of years of service.

             (2) By the supreme court in judicial districts having only one judge.

      Sec. 2.  NRS 1.240 is hereby repealed.

 

________

 

 

CHAPTER 153, SB 5

Senate Bill No. 5–Senator Raggio

CHAPTER 153

AN ACT relating to wildlife; creating special privileges for severely handicapped persons; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 502.245 is hereby amended to read as follows:

      502.245  For a fee of $2 the department shall issue any hunting or fishing license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts, to any person who, as of the date of his application for a license [:

      1.  Has] has resided in this state for the 6-month period immediately preceding [; and

      2.] : and

      1.  Is 65 years of age or older [.] ; or

      2.  Has a severe physical handicap as defined in the regulations of the commission.

      Sec. 2.  NRS 503.010 is hereby amended to read as follows:

      503.010  1.  It is unlawful to molest, rally, stir up or drive any game animals or game birds with any aircraft, helicopter, motor-driven vehicle, including a snowmobile, motorboat or sailboat.

      2.  [Is] Except as provided in this subsection, it is unlawful to shoot at any game animals or game birds from any aircraft, helicopter or motor-driven vehicle, including a snowmobile. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes his walking may shoot from any stopped motor vehicle which is not parked on the traveled portion of a public highway, but he may not shoot from, over or across any highway or road specified in NRS 503.175.

      3.  It is unlawful to spot or locate game animals or game birds with any kind of aircraft or helicopter and communicate this information by any means to a person on the ground for the purpose of hunting or trapping.


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

ê1981 Statutes of Nevada, Page 321 (Chapter 153, SB 5)ê

 

any kind of aircraft or helicopter and communicate this information by any means to a person on the ground for the purpose of hunting or trapping.

      4.  It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when [such] the cargo or passengers or both are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the federal or state government or by a county or municipal government or when [such] the loading or unloading is done in the course of an emergency or search and rescue operation.

      Sec. 3.  NRS 503.165 is hereby amended to read as follows:

      503.165  1.  It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.

      2.  A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.

      3.  The provisions of this section [shall] do not apply to peace officers, game wardens, paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or members of the armed forces of this state or the United States while on duty or going to or returning from duty.

 

________

 

 

CHAPTER 154, SB 268

Senate Bill No. 268–Committee on Government Affairs

CHAPTER 154

AN ACT relating to zoning; limiting local control over location of housing for mentally retarded persons; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  1.  It is the purpose of this section to remove obstacles imposed by zoning ordinances which prevent persons who are mentally retarded from living in normal residences.

      2.  In any ordinance adopted by a city or county, the definition of “single-family residence” must include a home in which six or fewer unrelated persons who are mentally retarded reside with one or two additional persons to act as house parents or guardians who need not be related to each other or any of the mentally retarded persons who reside in the house.

      3.  This section does not prohibit a definition which permits more persons to reside in the house, nor does it prohibit regulation of homes which are operated on a commercial basis.

      4.  This section expires by limitation on July 1, 1983.

      Sec. 2.  NRS 266.376 is hereby repealed.

 

________

 

 


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ê1981 Statutes of Nevada, Page 322ê

 

CHAPTER 155, AB 287

Assembly Bill No. 287–Committee on Legislative Functions

CHAPTER 155

AN ACT relating to compensation of legislators; increasing the daily salary of legislators who serve on the interim retirement committee; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 286.113 is hereby amended to read as follows:

      286.113  1.  There is hereby created an interim retirement committee of the legislature composed of:

      (a) Three members of the senate, one of whom is the chairman of the committee on finance during the preceding session and two of whom shall be appointed by the majority leader of the senate.

      (b) Three members of the assembly, one of whom is the chairman of the committee on ways and means and two of whom shall be appointed by the speaker.

      2.  The immediate past chairman of the committee on ways and means shall be the chairman of the interim retirement committee for the period ending with the convening of the 60th session of the legislature. The immediate past chairman of the committee on finance shall be the chairman of the interim retirement committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.

      3.  The interim retirement committee exists only when the legislature is not in regular or special session. During those times, it shall meet at the call of the chairman to review the operation of the system and to make recommendations to the board, the legislative commission and the legislature.

      4.  The director of the legislative counsel bureau shall provide a secretary for the interim retirement committee. Each member of the committee is entitled to a salary of [$40] $80 for each day or part of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee. Per diem allowances, salary and travel expenses of members of the committee [shall] must be paid from the legislative fund.

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 323ê

 

CHAPTER 156, AB 175

Assembly Bill No. 175–Assemblymen Hayes, Rhoads, and Marvel

CHAPTER 156

AN ACT relating to state control of public lands; adding a provision for the preservation of lands of archeological significance in the administration of public lands; adding members to the board of review; requiring the department of conservation and natural resources to submit its management plan to the board; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 321.5967 is hereby amended to read as follows:

      321.5967  1.  There is hereby created a board of review composed of the:

      (a) Director of the state department of conservation and natural resources;

      (b) Administrator of the division of environmental protection of the state department of conservation and natural resources;

      (c) Administrator of the division of mineral resources of the state department of conservation and natural resources;

      (d) Administrator of the division of state parks of the state department of conservation and natural resources;

      (e) State engineer;

      (f) State forester firewarden;

      (g) Chairman of the state environmental commission;

      (h) Director of the department of energy; [and]

      (i) Executive director of the state department of agriculture [.] ;

      (j) The chairman of the board of wildlife commissioners; and

      (k) Administrator of the division of historic preservation and archeology of the state department of conservation and natural resources.

      2.  The chairman of the state environmental commission shall serve as chairman of the board.

      3.  The board shall meet at such times and places as are specified by a call of the chairman. [Five] Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.

      4.  Except as provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission [is] and the chairman of the board of wildlife commissioners are entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and the travel expenses and subsistence allowances provided by law for state officers.

      5.  The board:

      (a) Shall review and approve or disapprove all regulations proposed by the state land registrar under NRS 321.597.

      (b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

      Sec. 2.  NRS 321.5977 is hereby amended to read as follows:

      321.5977  The public lands of Nevada must be administered in such a manner as to conserve and preserve natural resources, wildlife habitat, wilderness areas, historical sites and artifacts, prehistoric sites and artifacts, paleontological resources and to permit the development of compatible public uses for recreation, agriculture, ranching, mining and timber production and the development, production and transmission of energy and other public utility services under principles of multiple use which provide the greatest benefit to the people of Nevada.


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

ê1981 Statutes of Nevada, Page 324 (Chapter 156, AB 175)ê

 

a manner as to conserve and preserve natural resources, wildlife habitat, wilderness areas, historical sites and artifacts, prehistoric sites and artifacts, paleontological resources and to permit the development of compatible public uses for recreation, agriculture, ranching, mining and timber production and the development, production and transmission of energy and other public utility services under principles of multiple use which provide the greatest benefit to the people of Nevada.

      Sec. 3.  Section 10 of chapter 633, Statutes of Nevada 1979, at page 1367, is hereby amended to read as follows:

 

       Sec. 10.  1.  The department of conservation and natural resources shall conduct an inventory and a study of the public lands of Nevada to determine, in conjunction with the respective boards of county commissioners and the planning commissions of the several counties, the methods of management that will best satisfy the requirements of section 6 of this act and establish a basis for determining the best uses of the land and shall submit its proposed methods of management to the board for its recommendations.

       2.  The department of conservation and natural resources shall submit a report of its findings and recommendations to the 61st session of the legislature.

 

________

 

 

CHAPTER 157, AB 26

Assembly Bill No. 26–Assemblymen Bremner, Robinson, Marvel, Dini, Hayes, Price, Barengo, May, Glover, Vergiels, Coulter and Kovacs

CHAPTER 157

AN ACT relating to public employees’ retirement; providing for an optional program of additional retirement contributions; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The system shall develop, establish and administer a program which provides an option to active and retired employees and legislators to increase their retirement income by means of additional monthly contributions.

      2.  To carry out the program, the system may:

      (a) Obtain all necessary actuarial evaluations;

      (b) Adopt appropriate regulations, including procedures;

      (c) Enter into contracts necessary to the operation of the program; and

      (d) Charge each participant a fee to offset the expenses of establishing and maintaining the program.

      Sec. 2.  1.  The public employees’ retirement board shall submit the program developed pursuant to section 1 of this act to the interim retirement committee of the legislature for its approval.

      2.  Money in the public employees’ retirement administrative fund may be used to establish the program, and must be repaid from the fees charged pursuant to paragraph (d) of subsection 2 of section 1.


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

ê1981 Statutes of Nevada, Page 325 (Chapter 157, AB 26)ê

 

may be used to establish the program, and must be repaid from the fees charged pursuant to paragraph (d) of subsection 2 of section 1.

      3.  The board shall put the program into operation on or before July 1, 1982, unless before that date fewer than 1,000 eligible persons have asked to participate. In that case, the board may put the program into operation as soon as feasible after 1,000 eligible persons have asked to participate.

 

________

 

 

CHAPTER 158, SB 185

Senate Bill No. 185–Senator Keith Ashworth

CHAPTER 158

AN ACT relating to notaries public; making certain changes concerning their bonds and fees; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 240.030 is hereby amended to read as follows:

      240.030  1.  Each notary public shall:

      (a) Before entering upon the duties of his office and at the time he receives his commission, pay to the secretary of state the sum of $25.

      (b) Take the official oath as prescribed by law, which oath shall be endorsed on his commission.

      (c) Enter into a bond to the State of Nevada in the sum of $2,000, to be approved by the clerk of the county [for which the notary public may be appointed.] in which the notary resides.

      2.  The bond, together with the oath of office, shall be filed and recorded in the office of the county clerk of the county [.] in which the notary resides when he receives his commission.

      Sec. 2.  NRS 240.100 is hereby amended to read as follows:

      240.100  1.  [The fees of notaries public in counties polling 800 votes or less and in counties polling over 800 votes at the last general election shall be as follows:] Notaries public may charge the following fees and no more:

 

                                                                                                                [800 Votes Over 800

                                                                                                                      or Less Votes]

For drawing and copying every protest for the nonpayment of a promissory note, or for the nonpayment or nonacceptance of a bill of exchange, draft or check..............................       $2.00      [$2.00]

For drawing and serving every notice of nonpayment of a promissory note, of the nonpayment or nonacceptance of a bill of exchange, order, draft or check.................................         1.00      [1.00]

For drawing an affidavit, deposition or other paper, for which provision is not made in this chapter, for each folio               .30      [.20]


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

ê1981 Statutes of Nevada, Page 326 (Chapter 158, SB 185)ê

 

                                                                                                                [800 Votes Over 800

                                                                                                                      or Less Votes]

For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for the first signature................................       $1.00      [$1.00]

For each additional signature........................           .50................................................................ [.50]

For administering an oath or affirmation.............................           .25      [.25]

For every certificate, to include writing [the same] it and the seal     .50      [.50]

 

      2.  All fees prescribed in this section [shall be] are payable in advance, if demanded.

 

________

 

 

CHAPTER 159, SB 118

Senate Bill No. 118–Senator Kosinski

CHAPTER 159

AN ACT relating to jurors; revising the procedure for selecting jurors in certain counties; increasing fees for certain jurors; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 6.050 is hereby amended to read as follows:

      6.050  1.  In counties where there is no jury commissioner, the district court, before the board of county commissioners [in each county shall at] of the county holds its first regular meeting in each year, [by an order duly made and entered on its minutes,] and from time to time thereafter as may be required, shall estimate as nearly as possible the number of trial jurors that will be required for attendance on the district court of the county [until the next annual selection of trial jurors.] for a period of not more than 1 year, and shall by an order entered in its minutes notify the board of that number of jurors and period. The board at its next regular meeting after receipt of the order shall [thereupon] select from the qualified electors of the county, whether registered or unregistered, not exempt by law from jury duty, such number of qualified electors as [it has been] the court has estimated to be necessary.

      2.  The board shall transmit to the county clerk, who shall keep a record thereof in his office, the name, occupation and address of each person so selected.

      Sec. 2.  NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving, is entitled to $9 for each day he is in attendance in response to the venire or summons, which includes Sundays and holidays.

      2.  Each grand juror and trial juror in the district court or justice’s court actually sworn and serving is entitled to $15 a day, or $30 a day after 5 days, as full compensation for each day of service.


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

ê1981 Statutes of Nevada, Page 327 (Chapter 159, SB 118)ê

 

court actually sworn and serving is entitled to $15 a day, or $30 a day after 5 days, as full compensation for each day of service.

      3.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice’s court and each grand juror and trial juror in the district court or justice’s court is entitled to receive 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route. Where the mileage does not exceed 1 mile, no allowance may be made therefor. If the home of a person summoned or serving as such a juror is 60 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, he is entitled to receive an allowance for lodging at the rate provided by law for state employees, in addition to his daily compensation for attendance or service, for each day on which he does not return to his home.

      4.  In civil cases, the per diem of each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury. If the party paying [such] these fees is the prevailing party, the fees are recoverable as costs from the losing party. If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the fees so paid are recoverable as costs from the losing party.

      5.  The fees paid by a county clerk to jurors for their services in a civil action or proceeding (which he has received from the party demanding the jury) must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.

 

________

 

 

CHAPTER 160, AB 162

Assembly Bill No. 162–Assemblymen Robinson, Rusk, Barengo and Bremner

CHAPTER 160

AN ACT relating to property tax; removing the requirement for an oath when a declaration of personal property is made for purposes of an assessment; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 361.265 is hereby amended to read as follows:

      361.265  1.  For the purpose of enabling the county assessor to make assessments, he shall demand from each person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a [statement under oath or affirmation] written statement, signed under penalty of perjury, on forms to be furnished by the county assessor of all the personal property within the county, owned or claimed by such persons, firms, corporations, associations or companies.

      2.  If the owners of any property not listed by another person [shall be] are absent or unknown, or fail to [make the statement under oath or affirmation as herein provided] provide the written statement within 15 days after demand is made therefor, the county assessor shall make an estimate of the value of [such] the property and assess [the same] it accordingly.


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

ê1981 Statutes of Nevada, Page 328 (Chapter 160, AB 162)ê

 

be] are absent or unknown, or fail to [make the statement under oath or affirmation as herein provided] provide the written statement within 15 days after demand is made therefor, the county assessor shall make an estimate of the value of [such] the property and assess [the same] it accordingly. If the name of [such] the absent owner is known to the county assessor, the property [shall] must be assessed in his name. If the name of the owner is unknown to the county assessor, the property [shall] must be assessed to “unknown owner”; but no mistake [heretofore or hereafter] made in the name of the owner or the supposed owner of personal property [shall render] renders the assessment or any sale of such property for taxes invalid.

      3.  At the end of each month the county assessor shall report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section, and the district attorney shall prosecute all persons so offending.

      4.  If any person, officer or agent [shall neglect or refuse] neglects or refuses on demand of the county assessor or his deputy to give [under oath or affirmation] the statement required by this section, or [shall give] gives a false name, or [shall refuse to give his name, or shall refuse to swear or affirm,] refuses to give his name or to sign the statement, he [shall be] is guilty of a misdemeanor and [shall] must be arrested upon the complaint of the county assessor or his deputy.

      Sec.  2.  NRS 361.285 is hereby amended to read as follows:

      361.285  1.  At the same time and in the same manner as other lists of property required by this chapter are given, each person shall [deliver, under oath or affirmation,] deliver to the county assessor a similar list of all real estate, with the improvements thereon, and all personal property which such person, and the firm of which he is a member, and the corporation of which he is president, cashier, treasurer, secretary, trustee or managing agent, owns, claims or has the charge, possession or control of, in any other county of the state, and which he does not, of his own personal knowledge, know has been assessed in [such] the other county for that year.

      2.  The list [shall:] must:

      (a) Describe particularly each tract of land and each city or town lot contained therein (so that [the same] it may be found or known by [such] the description), and all vessels, steamers and other watercraft, and shall also specify each and all deposits, if any, and persons with whom such deposit or deposits are made, and the place in which [the same] they may be found, unless he [shall have] has included all such money, gold dust, gold and silver bars and bullion in the list of property in his county, which it [shall be] is lawful to do.

      (b) Specify the kind and nature of all other personal property in [such] the other county belonging to or under the charge, control or in the possession of him or them.

      (c) Be signed, under penalty of perjury, by the declarant.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 329ê

 

CHAPTER 161, AB 451

Assembly Bill No. 451–Committee on Ways and Means

CHAPTER 161

AN ACT authorizing an additional expenditure by the department of taxation for the fiscal year commencing July 1, 1980, and ending June 30, 1981; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  In addition to the sums authorized for expenditure by the department of taxation in section 1 of chapter 623, Statutes of Nevada 1979, at page 1341, there is hereby authorized for expenditure for the fiscal year beginning July 1, 1980, and ending June 30, 1981, the sum of $35,000, not appropriated from the state general fund or the state highway fund.

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

 

________

 

 

CHAPTER 162, SB 225

Senate Bill No. 225–Committee on Judiciary

CHAPTER 162

AN ACT relating to civil actions; specifying the number of jurors; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 16.030 is hereby amended to read as follows:

      16.030  1.  In preparing for the selection of the jury, the clerk, under the direction of the judge, shall place in a box ballots containing the names of the persons summoned who have appeared and have not been excused. The clerk shall mix the ballots and draw from the box the number of names needed to complete the jury in accordance with the procedure provided either in subsection 2 or subsection 3, as the judge directs.

      2.  The judge may require that eight names be drawn, and the persons whose names are called shall be examined as to their qualifications to serve as jurors. If any persons are excused or discharged, or if the ballots are exhausted before the jury is selected, additional names shall be drawn from the jury box and those persons summoned and examined as provided by law until the jury is selected.

      3.  The judge may require that the clerk draw a number of names to form a panel of prospective jurors equal to the sum of the number of regular jurors and alternate jurors to be selected and the number of peremptory challenges to be exercised. The persons whose names are called shall be examined as to their qualifications to serve as jurors. If any persons on the panel are excused for cause, they [shall] must be replaced by additional persons who [shall] must also be examined as to their qualifications.


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

ê1981 Statutes of Nevada, Page 330 (Chapter 162, SB 225)ê

 

replaced by additional persons who [shall] must also be examined as to their qualifications. The jury must consist of eight persons, unless the parties consent to a lesser number. The parties may consent to any number not less than four. This consent must be entered by the clerk in the minutes of the trial. When a sufficient number of prospective jurors has been qualified to complete the panel, each side shall exercise its peremptory challenges out of the hearing of the panel by alternately striking names from the list of persons on the panel. After the peremptory challenges have been exercised, the persons remaining on the panel who are needed to complete the jury shall, in the order in which their names were drawn, be regular jurors or alternate jurors.

      4.  Before persons whose names have been drawn are examined as to their qualifications to serve as jurors, the judge or his clerk shall administer an oath or affirmation to them in substantially the following form:

 

       Do you, and each of you, (solemnly swear, or affirm under the pains and penalties of perjury) that you will well and truly answer all questions put to you touching upon your qualifications to serve as jurors in the case now pending before this court (so help you God)?

 

      5.  The judge shall conduct the initial examination of prospective jurors and the parties or their attorneys are entitled to conduct supplemental examinations which must not be unreasonably restricted.

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

 

________

 

 

CHAPTER 163, AB 113

Assembly Bill No. 113–Assemblyman May

CHAPTER 163

AN ACT relating to constables; adding deputy constables to the list of peace officers; limiting the circumstances in which constables and their deputies are peace officers; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 169.125 is hereby amended to read as follows:

      169.125  “Peace officer” includes:

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

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

      3.  Constables [;] and their deputies when carrying out their official duties.

      4.  Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;

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

 


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

ê1981 Statutes of Nevada, Page 331 (Chapter 163, AB 113)ê

 

department of motor vehicles when exercising the police powers specified in NRS 481.049;

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

      7.  Marshals and policemen of cities and towns;

      8.  Parole and probation officers;

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

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

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

      12.  The state fire marshal and his assistant and deputies;

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

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

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

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

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

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

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

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

      21.  Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;

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

      23.  Security officers of the legislature of the State of Nevada when carrying out duties prescribed by the legislative commission;

      24.  Group supervisors of the Nevada girls training center and the Nevada youth training center when carrying out any duties prescribed by the superintendents of their respective institutions;

      25.  Security officers employed by a city or county when carrying out duties prescribed by ordinance; and

      26.  Security officers of the buildings and grounds division of the department of general services when carrying out duties prescribed by the director of the department of general services.


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

ê1981 Statutes of Nevada, Page 332 (Chapter 163, AB 113)ê

 

department of general services when carrying out duties prescribed by the director of the department of general services.

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

 

________

 

 

CHAPTER 164, SB 190

Senate Bill No. 190–Senator Glaser

CHAPTER 164

AN ACT relating to grand juries; increasing the population which divides the procedures for their impaneling; and providing other matters properly relating thereto.

 

[Approved May 1, 1981]

 

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

 

      Section 1.  NRS 6.110 is hereby amended to read as follows:

      6.110  1.  In any county having a population of [15,000] 30,000 or more, the selection of persons as proposed grand jurors must be made in the manner prescribed in this section upon notice from any district judge as often as the public interest may require and at least once in each 4 years. The clerk of the court under the supervision of the district judge presiding over the impaneling of the grand jury shall select at random the names of not more than 1,000 qualified persons to be called as prospective grand jurors. The clerk shall then prepare and mail to each person whose name was selected a questionnaire prepared by the district judge stating the amount of pay, the estimated time required to serve and the duties to be performed. Each recipient of the questionnaire must be requested to complete and return the questionnaire, indicating thereon his willingness and availability to serve on the grand jury. The clerk shall continue the selection of names and mailing of questionnaires until a panel of 100 persons who are willing to serve is established.

      2.  A list of the names of persons who indicated their willingness to serve as grand jurors must be made by the clerk of the court and a copy furnished to each district judge. The district judges shall meet within 15 days thereafter and shall, in order of seniority, each select one name from the list until 36 persons have been selected. A list of the names of the persons selected as proposed grand jurors must be made by the clerk, certified by the district judges making the selection and filed in the clerk’s office. The clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the proposed grand jurors to attend in court at such time as the district judge directs.

      3.  The sheriff shall summon the proposed grand jurors, and the district judge presiding over the impaneling of the grand jury shall select at random from their number 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors. If for any reason eight or more proposed grand jurors fail to appear, additional proposed grand jurors sufficient to complete the panel of grand jurors and alternates must be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected must be summoned to appear in court at such time as he directs.


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

ê1981 Statutes of Nevada, Page 333 (Chapter 164, SB 190)ê

 

must be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected must be summoned to appear in court at such time as he directs.

      4.  Every person named in the venire as a grand juror must be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein. The summons must be registered or certified and deposited in the post office addressed to the person at his usual mailing address. The receipt of the person so addressed for the registered or certified summons must be regarded as personal service of the summons upon such person and no mileage may be allowed for service. The postage and fee for registered or certified mail must be paid by the sheriff and allowed him as other claims against the county.

      5.  If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. An alternate must be served by the sheriff in the manner provided in subsection 4.

      Sec. 2.  NRS 6.120 is hereby amended to read as follows:

      6.120  1.  In any county having a population of less than [15,000,] 30,000, the county clerk under the supervision of the district judge, shall randomly select the names of 50 qualified persons to serve as prospective grand jurors. The county clerk shall then prepare and mail to each person whose name was selected a questionnaire drawn up by the district judge or presiding district judge, where applicable, stating the amount of pay, the estimated time required to serve, and the duties to be performed. Each recipient of the questionnaire shall be requested to return the questionnaire, indicating on it his willingness to serve on the jury. The county clerk shall continue the selection of names and mailing of questionnaires until a panel of 36 persons who are willing to serve is established. The requirement of subsection 1 of NRS 6.110 that a grand jury must be called at least once in every 4 years does not apply to the county unless the district judge otherwise directs. A list of the names of the 36 persons who indicate their willingness to serve as grand jurors must be made and certified by the county clerk and filed in the county clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons willing to serve as grand jurors to attend in court at such time as the district judge may have directed.

      2.  The sheriff shall summon the grand jurors, and out of the number summoned each district judge in rotation according to seniority, shall select one name from the venire until 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors are chosen.

      3.  Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to that person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered or certified and deposited in the post office addressed to the person at his usual post office address. The receipt of the person addressed for the registered or certified summons must be regarded as personal service of the summons upon that person and no mileage may be allowed for service. The postage and fee for registered or certified mail must be paid by the sheriff and allowed him as other claims against the county.


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

ê1981 Statutes of Nevada, Page 334 (Chapter 164, SB 190)ê

 

mail must be paid by the sheriff and allowed him as other claims against the county.

      4.  If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. The alternate shall be served by the sheriff in the manner provided in subsection 3.

      Sec. 3.  NRS 6.105 is hereby repealed.

 

________

 

 

CHAPTER 165, SB 46

Senate Bill No. 46–Senator Jacobsen

CHAPTER 165

AN ACT relating to weights and measures; creating an advisory council on the metric system; providing for its organization, powers and duties; and providing other matters properly relating thereto.

 

[Approved May 4, 1981]

 

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

 

      Section 1.  Chapter 581 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Council” means the advisory council on the metric system.

      Sec. 3.  1.  The council, consisting of seven members appointed by the governor, is hereby created within the state department of agriculture.

      2.  The governor shall appoint:

      (a) One member from business.

      (b) One member from the engineering profession.

      (c) One member from a trade organization.

      (d) One member from industry.

      (e) One member from a labor organization.

      (f) One member from the faculty of a university in the University of Nevada System.

      (g) One member from the faculty of a public elementary or secondary school.

      Sec. 4.  1.  The council shall meet as its president deems necessary.

      2.  Four members of the council constitute a quorum.

      3.  The members of the council shall elect a president, a vice president, an executive secretary and a treasurer.

      Sec. 5.  1.  The council may accept gifts or grants from any source, and expend money so received or otherwise available to it to contract with qualified persons or institutions for research in matters related to conversion to the metric system of weights and measures.

      2.  There is hereby created in the state treasury the metric system trust fund. The executive director of the state department of agriculture is responsible for the administration of the trust fund and shall deposit with the state treasurer for credit to the trust fund any money obtained by the council pursuant to this section. Claims against the trust fund must be approved by the council and paid as other claims against the state are paid.


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

ê1981 Statutes of Nevada, Page 335 (Chapter 165, SB 46)ê

 

be approved by the council and paid as other claims against the state are paid.

      Sec. 6.  The council shall:

      1.  Conduct appropriate research and investigations to determine the problems faced by business, industry, science, engineering, education, labor, governmental agencies and the people of Nevada in a transition to the metric system.

      2.  Provide information on the metric system and on conversion to its use.

      3.  Recommend legislation and amendments to regulations of executive agencies to provide for a smooth transition to the metric system.

      4.  Cooperate with the United States Metric Board where appropriate.

      5.  Report to the legislature and to the governor through the executive director of the state department of agriculture, during the month of January of each odd-numbered year, on its activities and the progress toward conversion to the metric system of weights and measures.

      6.  Perform other duties necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.

      Sec. 7.  Any executive agency or political subdivision of the state interested in assisting the council shall appoint a representative to participate in the council’s activities as part of his official duties.

      Sec. 8.  NRS 581.001 is hereby amended to read as follows:

      581.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 581.003 to 581.020, inclusive, and section 2 of this act, have the meanings ascribed to them in [NRS 581.003 to 581.020, inclusive.] those sections.

      Sec. 9.  NRS 581.290 is hereby amended to read as follows:

      581.290  Designation by weight [shall] must be in terms of avoirdupois pounds and ounces, designation by length must be in terms of the standard yard, feet and inches and designation by liquid measure [shall] must be in terms of the standard gallon, quarts, pints or fluid ounces. In lieu thereof, these designations may be in terms of the metric system of weights and measures.

      Sec. 10.  The governor shall initially appoint seven persons qualified under section 3 of this act to the advisory council for terms expiring as follows:

      1.  Three members, on June 30, 1984.

      2.  Two members, on June 30, 1983.

      3.  Two members, on June 30, 1982.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 336ê

 

CHAPTER 166, SB 424

Senate Bill No. 424–Committee on Commerce and Labor

CHAPTER 166

AN ACT relating to public utilities; authorizing the public service commission of Nevada to appear before hearings of the Federal Energy Regulatory Commission; and providing other matters properly relating thereto.

 

[Approved May 4, 1981]

 

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

 

      Section 1.  Chapter 703 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The legislature finds that the cost of energy in Nevada is affected by the Federal Energy Regulatory Commission in its regulation of the transmission of energy into and out of the State of Nevada, and the concerns of the public utilities and their customers in this state should be represented at the hearings of that Commission which affect Nevada.

      2.  The public service commission of Nevada, within the limits of its budget and as it deems necessary, may bring an action, file a petition or intervene before the Federal Energy Regulatory Commission or in any court on behalf of the public utilities and their customers in this state and represent their views in any matter which affects the development, transmission, use or cost of energy in Nevada.

 

________

 

 

CHAPTER 167, SB 333

Senate Bill No. 333–Committee on Human Resources and Facilities

CHAPTER 167

AN ACT relating to district libraries; providing for the addition of library trustees to represent the residents of a city receiving services under contract; and providing other matters properly relating thereto.

 

[Approved May 4, 1981]

 

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

 

      Section 1.  NRS 379.022 is hereby amended to read as follows:

      379.022  1.  After ordering the creation of a county library district and the establishment of a free public library therein as provided in NRS 379.021, the board of county commissioners shall appoint five competent persons who are residents of [such] the county library district who shall be known as district library trustees.

      2.  The term of office of the trustees appointed after July 1, 1971, pursuant to subsection 1 is as follows:

      (a) Three persons [shall] must be appointed for [a term] terms of 2 years.

      (b) Two persons [shall] must be appointed for [a term] terms of 4 years.

Thereafter the offices of district library trustees [shall] must be filled for terms of 4 years in the order in which the terms expire.


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

ê1981 Statutes of Nevada, Page 337 (Chapter 167, SB 333)ê

 

terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive 4-year terms.

      3.  A vacancy occurring because of the expiration of the term in any office of district library trustee filled by election or appointment prior to July 1, 1971, [shall] must be filled by an appointment by the board of county commissioners for a term of 4 years.

      4.  A vacancy in the office of district library trustee which occurs other than by expiration of the terms [shall] must be filled by appointment by the board of county commissioners for the unexpired term.

      5.  District library trustees [shall] serve without compensation.

      6.  The board of county commissioners may remove any district library trustee who fails, without cause, to attend three successive meetings of the trustees.

      7.  If the library trustees of any county library district have entered into a contract pursuant to NRS 379.060 with any city within the county, they may add to their number two additional library trustees who are appointed by the governing body of the city to represent the residents of the city. The terms of office of the two additional library trustees are 3 years or until the termination of the contract with the city for library services, if that termination occurs sooner. The additional library trustees have the same powers and duties as the trustees appointed pursuant to subsection 1.

 

________

 

 

CHAPTER 168, SB 288

Senate Bill No. 288–Senator Getto (by request)

CHAPTER 168

AN ACT relating to milk inspection; abolishing the revolving fund; and providing other matters properly relating thereto.

 

[Approved May 4, 1981]

 

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

 

      Section 1.  NRS 584.200 is hereby amended to read as follows:

      584.200  1.  Whenever any inspection of the dairy farms, milk plants or facilities of an applicant or a permittee necessitates departing beyond the territorial limits of the State of Nevada, the applicant or permittee on whose behalf such inspection is to be made shall [be required to] pay the per diem expense allowance and travel expenses of the inspector or inspectors for the amount of their travel beyond the territorial limits of the State of Nevada in an amount equivalent to that paid other state officers performing similar duties. Claims for per diem expense allowances and travel expenses of inspectors [shall be paid from the milk inspection revolving fund which is hereby created in the state treasury.] must be paid by the health division of the department of human resources.

      2.  [After] Before an inspection is made outside the State of Nevada, the health division [of the department of human resources] shall collect from the applicant or permittee an amount of money equal to the expenses to be incurred for the inspection. [and deposit the same to the credit of the milk inspection revolving fund.]


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

ê1981 Statutes of Nevada, Page 338 (Chapter 168, SB 288)ê

 

the milk inspection revolving fund.] The money must be deposited with the state treasurer for credit to the appropriate account of the health division and may be used only to pay for claims filed in accordance with this section.

      3.  Failure of an applicant or a permittee to pay the amount demanded by the health division pursuant to the provisions of subsection 2 is a ground for the denial, suspension or revocation of a permit. [Moneys] Money paid by any applicant or permittee pursuant to the provisions of subsection 2 [shall] must not be refunded.

 

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CHAPTER 169, SB 216

Senate Bill No. 216–Senators Wagner, McCorkle, Getto, Blakemore, Jacobsen, Kosinski and Hernstadt

CHAPTER 169

AN ACT relating to license plates; providing special plates for former prisoners of war; and providing other matters properly relating thereto.

 

[Approved May 4, 1981]

 

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

 

      Section 1.  NRS 482.377 is hereby amended to read as follows:

      482.377  1.  [A veteran of the Armed Forces of the United States who, as a result of his service, has suffered a 100-percent service-connected disability and who receives compensation from the United States for his disability] A person who qualifies under this section may register one passenger car or light commercial vehicle having a manufacturer’s rated carrying capacity of one ton or less, for his own personal use. A veteran of the Armed Forces of the United States who, as a result of his service:

      (a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for his disability, is entitled to a specially designed license plate inscribed with the words DISABLED VETERAN and three or four consecutive numbers.

      (b) Has been captured and held prisoner by a military force of a foreign nation, is entitled to a specially designed license plate inscribed with the words ex-PRISONER OF WAR and three or four consecutive numbers.

      2.  The department shall issue a specially designed license plate for persons qualified under this section who submit an application on a form prescribed by the department and evidence of disability or former imprisonment required by the department. [The plates must be inscribed with the words DISABLED VETERAN and three or four consecutive numbers.]

      3.  A vehicle on which license plates issued by the department under the provisions of this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the state or any political subdivision or other public body within the state, other than the United States.


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

ê1981 Statutes of Nevada, Page 339 (Chapter 169, SB 216)ê

 

      4.  If during a registration year, the holder of a special plate issued under the provisions of this section disposes of the vehicle to which the plates are affixed, he shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      5.  If the special plates provided for under this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the department for a fee of $2.

 

________

 

 

CHAPTER 170, SB 213

Senate Bill No. 213–Committee on Judiciary

CHAPTER 170

AN ACT relating to trust companies; limiting regulation of certain persons and organizations; and providing other matters properly relating thereto.

 

[Approved May 4, 1981]

 

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

 

      Section 1.  NRS 669.080 is hereby amended to read as follows:

      669.080  This chapter does not apply to [banks] :

      1.  Banks or banking institutions regulated under the provisions of chapters 657 to 668, inclusive, of NRS [or to savings] ;

      2.  Savings and loan institutions regulated under chapter 673 of NRS [.] ;

      3.  Title insurers but only respecting escrows;

      4.  Nonprofit, charitable trusts or trust associations; or

      5.  Any person, if:

      (a) The fiduciary relationship is not one of his principal occupations; or

      (b) He serves as trustee for a relative by blood or marriage.

 

________

 

 

CHAPTER 171, AB 13

Assembly Bill No. 13–Assemblymen Rhoads, Glover, Bergevin and Marvel

CHAPTER 171

AN ACT relating to state lands; requiring the state land registrar to reserve from sales of state land existing routes designated as necessary to public access to certain public lands; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1981 Statutes of Nevada, Page 340 (Chapter 171, AB 13)ê

 

      1.  Before any state land may be leased, exchanged, sold or contracted for sale, the state land registrar, in consultation with the state multiple use advisory committee on federal lands and with counties and local governments, shall designate any existing routes over the land which he determines to be necessary for public access to any other land that is open to public use. If such a route is designated, the land must be conveyed with a right of way and all rights of access and abutter’s rights for the route reserved in the name of the State of Nevada. Any right of way reserved pursuant to this subsection may, when necessary as determined by the state land registrar and otherwise approved as required by law, be used by a public utility.

      2.  After the land is conveyed, if the route is determined by the state land registrar, in consultation with the department of transportation and the state multiple use advisory committee on federal lands and with counties and local governments, to be no longer necessary for public access to other land which is open to public use, the state land registrar shall, subject to the provisions of subsections 3 and 4, release the right, title and interest of the state in and to the right of way to the purchaser or lessee of the land, his assigns or successors in interest.

      3.  Before releasing the state’s interest in the right of way, the state land registrar shall cause to be published in some newspaper of general circulation in the county where the right of way is located a notice of intent to release that interest. The notice must be published at least 30 days before the proposed date for the release and must contain:

      (a) A description of the location of the right of way;

      (b) The date upon which the release is to be effective; and

      (c) The mailing address of the state land registrar to which persons may send protests against the proposed release.

      4.  The state land registrar may, or upon the receipt of a written protest against the proposed release shall, hold a public hearing. The hearing must be:

      (a) Held in the county in which the right of way is located; and

      (b) Advertised at least 30 days before the date of the hearing in a newspaper of general circulation in the county where the right of way is located.

 

________

 

 

CHAPTER 172, SB 353

Senate Bill No. 353–Senator Keith Ashworth

CHAPTER 172

AN ACT relating to legislators; requiring the issuance of a certificate of appointment to a person selected to fill a vacancy in the office of senator or assemblyman; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 218.043 is hereby amended to read as follows:

      218.043  1.  Where a vacancy occurs in the office of state senator or assemblyman during a regular or special session of the legislature or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of [such] the vacancy and the next regular or special session, the board of county commissioners of the county from which [such member] the former incumbent was elected shall appoint a person of the same political party as the former incumbent to fill [such] the vacancy.


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

ê1981 Statutes of Nevada, Page 341 (Chapter 172, SB 353)ê

 

are to be elected will take place between the occurrence of [such] the vacancy and the next regular or special session, the board of county commissioners of the county from which [such member] the former incumbent was elected shall appoint a person of the same political party as the former incumbent to fill [such] the vacancy.

      2.  Where the [senator or assemblyman] former incumbent was elected from a district comprising more than one county, [such appointment shall] the appointment must be made by a joint board composed of all the county commissioners of each county within or partly within the district, under the chairmanship of the chairman of the board of county commissioners of the county whose population residing within the district is the greatest. If no person receives a plurality of the votes of the joint board, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee [shall] must be chosen by drawing lots among the candidates so selected.

      3.  The board of county commissioners or the joint board, as the case may be, shall issue a certificate of appointment naming its appointee. The county clerk or the clerk of the county which has the largest population within the district, as the case may be, shall give the certificate to the appointee and send a copy of the certificate to the secretary of state.

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

 

________

 

 

CHAPTER 173, SB 36

Senate Bill No. 36–Committee on Judiciary

CHAPTER 173

AN ACT relating to prisons; relaxing the requirements for the assignment of prisoners to honor camps; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 209.481 is hereby amended to read as follows:

      209.481  1.  The director shall not assign any prisoner to an honor camp which is established for conservation projects if the prisoner:

      (a) Is not eligible for parole or release from prison within a reasonable period of time;

      (b) Has recently committed a serious infraction of the rules of an institution of the department of prisons;

      (c) Has not performed the duties assigned to him in a faithful and orderly manner;

      (d) [Has committed an assault upon any person; or] Has been convicted of a sexual offense;

      (e) Has been convicted of a battery during the previous year; or

      [(e)](f) Has attempted to escape or has escaped from an institution of the department of prisons.

      2.  The director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.

 

________

 

 


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ê1981 Statutes of Nevada, Page 342ê

 

CHAPTER 174, AB 415

Assembly Bill No. 415–Committee on Government Affairs

CHAPTER 174

AN ACT relating to the deposit of public money; revising a provision for inactive deposits of state money by the state treasurer; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 355.167 is hereby amended to read as follows:

      355.167  1.  The local government pooled investment fund is hereby created as a trust fund to be administered by the state treasurer.

      2.  Any local government, as defined in NRS 354.474, may deposit its money with the state treasurer for credit to the fund for purposes of investment.

      3.  The state treasurer may invest the money of the fund:

      (a) In securities which have been authorized as investments for a local government by any provision of Nevada Revised Statutes or any special law.

      (b) [If any of the money constitutes an inactive deposit, in] In time certificates of deposit in the manner provided by NRS 356.015.

      4.  Each local government which elects to deposit money with the state treasurer for such an investment must:

      (a) Upon the deposit, inform him in writing how long a period the money is expected to be available for investment.

      (b) At the end of the period, notify him in writing whether it wishes to extend the period.

      5.  If a local government wishes to withdraw any of its money before the end of the period of investment, it must make a written request to the state treasurer. Whenever he is required to sell or liquidate invested securities because of a request for early withdrawal, any penalties or loss of interest incurred must be charged against the deposit of the local government which requested the early withdrawal.

      6.  All interest received on money of the fund must be deposited for credit to the fund.

      7.  The state treasurer may assess reasonable charges against the fund for reimbursement of the expenses which he incurs in administering the fund. The amount of the assessments must be transferred to an account within the state general fund for use of the state treasurer in carrying out the provisions of this section.

      8.  At the end of each quarter of each fiscal year, the state treasurer shall:

      (a) Compute the proportion of the total deposits in the fund which were attributable during the quarter to each local government.

      (b) Apply that proportion to the total amount of interest received during the quarter on invested money of the fund; and

      (c) Pay to each participating local government or reinvest upon its instructions its proportionate share of the interest, as computed pursuant to paragraphs (a) and (b), less the proportionate amounts of the assessments for the expenses of administration.


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

ê1981 Statutes of Nevada, Page 343 (Chapter 174, AB 415)ê

 

      9.  The state treasurer may adopt reasonable regulations to carry out the provisions of this section.

      Sec. 2.  NRS 356.015 is hereby amended to read as follows:

      356.015  1.  [The] Except as otherwise provided in subsection 2, the state treasurer [:

      (a) Shall establish a definition of inactive deposits.

      (b) Shall determine what amounts of money must be deposited as inactive deposits in time certificates of deposit.

      (c) May] shall establish as the rate of interest to be paid on the maturity of each time certificate of deposit a rate which is:

            [(1)](a) Greater than;

            [(2)](b) Equal to; or

            [(3)](c) Not more than one-half percent (otherwise expressed as 50 basis points) below,

the yield, 1 week before the deposit is made of a collaterally pledged municipal deposit of like amount and term as reported by a major financial institution or reporting service.

      [(d) Shall make inactive deposits through warrants of the state controller.]

      2.  With the written consent and approval of the state board of finance, the state treasurer may establish as the rate of interest to be paid on the maturity of each time certificate of deposit a rate which is more than one-half percent (otherwise expressed as 50 basis points) below the yield 1 week before the deposit is made of a collaterally pledged municipal deposit of like amount and term as reported by a major financial institution or reporting service.

      3.  The state treasurer shall make all such deposits through warrants of the state controller.

      4.  The state controller shall maintain accurate records of inactive deposits. Time certificates of deposit which are placed with insured banks and savings and loan associations shall be deemed to constitute inactive deposits.

 

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CHAPTER 175, AB 401

Assembly Bill No. 401–Committee on Government Affairs

CHAPTER 175

AN ACT relating to the state treasurer; requiring him to submit an annual report to the governor and legislative commission; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 226.120 is hereby amended to read as follows:

      226.120  The state treasurer shall [provide] :

      1.  Provide information to either house of the legislature, whenever required, upon any subject connected with the treasury or any duty of his office.


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

ê1981 Statutes of Nevada, Page 344 (Chapter 175, AB 401)ê

 

      2.  Prepare and submit an annual report of the operations of his office to the governor and the legislative commission within 90 days after the end of each fiscal year.

 

________

 

 

CHAPTER 176, AB 394

Assembly Bill No. 394–Committee on Government Affairs

CHAPTER 176

AN ACT relating to the state treasurer; repealing the requirement that he cash warrants and checks; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 356.010 is hereby amended to read as follows:

      356.010  1.  All money [, except as provided in NRS 356.013,] under the control of the state treasurer belonging to the state must be deposited in any state or national banks, or in any insured savings and loan associations in the State of Nevada, or in any banks or insured savings and loan associations outside of the State of Nevada as provided in NRS 356.100, and the depository banks or savings and loan associations shall handle, collect and pay all checks, drafts and other exchange without cost to the state.

      2.  Any sums so deposited are deemed to be in the state treasury if the banks or savings and loan associations in which the money is deposited furnish, before or simultaneously with the making of the deposits, security as provided in NRS 356.010 to 356.110, inclusive.

      Sec. 2.  NRS 356.013 is hereby repealed.

      Sec. 3.  The state treasurer shall deposit the money which constituted the revolving fund required by NRS 356.013 in the state general fund.

 

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CHAPTER 177, AB 366

Assembly Bill No. 366–Committee on Government Affairs

CHAPTER 177

AN ACT relating to cities; simplifying the description of territory proposed to be annexed required before a public hearing on the subject; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 268.578 is hereby amended to read as follows:

      268.578  Any city exercising authority under NRS 268.570 to 268.608, inclusive, shall make plans for the extension of services to the territory proposed to be annexed and shall, at least 20 days [prior to] before the public hearing provided for in NRS 268.590, prepare and file with [the] its city clerk [of such city] a report setting forth [such] the plans to provide services to [such] the territory.


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

ê1981 Statutes of Nevada, Page 345 (Chapter 177, AB 366)ê

 

the public hearing provided for in NRS 268.590, prepare and file with [the] its city clerk [of such city] a report setting forth [such] the plans to provide services to [such] the territory. The report [shall] must include:

      1.  [A metes and bounds description of the territory proposed to be annexed.

      2.]  An accurate map or plat of [such territory,] the territory proposed to be annexed, prepared under the supervision of a competent surveyor or engineer.

      [3.]2.  A map or maps of the city and the adjacent territory to show the following information:

      (a) The present and proposed boundaries of the annexing city.

      (b) The present streets and sewer interceptors and outfalls and, if the annexing city operates its own water system or furnishes other utility services, the present major trunk waterlines and other utility lines.

      (c) The proposed extensions of the present streets, sewer interceptors and outfalls, major trunk water mains and utility lines, as the case may be, as required in subsection [5.] 4.

      (d) The present and proposed general land use pattern in the territory proposed to be annexed.

      [4.]3.  A statement showing that the territory proposed to be annexed meets the requirements of NRS 268.580.

      [5.]4.  A statement setting forth the plans of the annexing city for extending into the territory proposed to be annexed each major municipal service performed within the annexing city at the time of annexation. Specifically, such plans:

      (a) [Shall] Must provide for extending police protection, fire protection, street maintenance and garbage collection to the territory proposed to be annexed on the effective date of [such] the annexation, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city immediately [prior to] before the effective date of the annexation.

      (b) [Shall] Must provide for the extension of streets, sewer interceptors and outfalls and other major municipal services into the territory proposed to be annexed so that when [such] the streets and utility services are so extended, property owners and residents in the territory proposed to be annexed will be able to secure such services, according to the policies in effect in the annexing city for furnishing such services to individual lots or subdivisions.

      (c) May provide that the extension of streets, sewer interceptors and outfalls and other major municipal services [shall] be done at the expense of the property owners in the territory proposed to be annexed, if it is the policy of the annexing city, at the time of [such] the annexation, to furnish such services to individual lots or subdivisions at the expense of the property owners, either by means of special assessment districts or the requirement of the dedication of essential rights of way and the installation of offsite improvements as a prerequisite to the approval of subdivision plats or to the issuance of any building permit, rezoning, zone variance or special use permit. In [such] that event, [such plans shall] the plans must designate which services, or portions thereof, [shall] will be extended at the expense of the annexing city and which services, or portions thereof, [shall] will be extended at the expense of the property owners.


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

ê1981 Statutes of Nevada, Page 346 (Chapter 177, AB 366)ê

 

thereof, [shall] will be extended at the expense of the annexing city and which services, or portions thereof, [shall] will be extended at the expense of the property owners. Services extended at the property owners’ cost [shall] must be distributed and allocated to each parcel of property based on current costs, including both improvement costs and projected service costs, and [shall] must be a part of the annexation plan prepared by the municipality.

      (d) [Shall,] Must, if the extension of any streets, sewer interceptors and outfalls or other major municipal services into the territory proposed to be annexed is to be done at the expense of the annexing city, set forth a proposed [timetable] schedule for the construction of [such] the extensions as soon as possible following the effective date of the annexation. In any event, the plans [shall] must call for contracts to be let and construction to begin within 24 months following the effective date of the annexation.

      (e) [Shall] Must set forth the method under which the annexing city plans to finance the extension of any services into the territory proposed to be annexed which is to be done at the expense of the annexing city.

      Sec. 2.  NRS 268.586 is hereby amended to read as follows:

      268.586  1.  The notice of public hearing [shall:] must:

      (a) Fix the date, hour and place of the public hearing.

      (b) Describe [, both in general terms and by accurate metes and bounds description,] accurately the territory proposed to be annexed.

      (c) State that the report required in NRS 268.578 will be available at the office of the city clerk of the annexing city at least 20 days [prior to] before the date of the public hearing.

      (d) Contain a list of the names and addresses of all record owners of real property within the territory proposed to be annexed.

      (e) [Provide that any record owner of real property within the territory proposed to be annexed may:

             (1) Appear and be heard at such public hearing and may file with the city clerk of the annexing city a written protest to such annexation at any time within 15 days after the conclusion of such public hearing; or

             (2) Appear and be heard at such public hearing or may file with the city clerk of the annexing city a written protest to such annexation at any time within 15 days after the conclusion of such public hearing.

      (f)] Contain a statement to the effect that unless a majority of the property owners in the territory proposed to be annexed protest [such] the annexation, either [verbally] orally at the public hearing or in writing within 15 days after the conclusion of [such] the public hearing, the governing body [shall have authority to] may adopt an ordinance extending the corporate limits of the annexing city to include all, or any part, of the territory described in the notice.

      2.  Any record owner of real property within the territory proposed to be annexed may:

      (a) Appear and be heard at the public hearing;

      (b) File with the city clerk of the annexing city a written protest to the annexation at any time within 15 days after the conclusion of the public hearing; or


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

ê1981 Statutes of Nevada, Page 347 (Chapter 177, AB 366)ê

 

      (c) Do both.

      3.  The notice [shall] must be given by publication in a newspaper of general circulation in the territory proposed to be annexed, or, if there is none, in a newspaper of general circulation published in the county. If no such newspapers are published, a copy of the notice [shall] must be posted at the front door of the city hall or the county courthouse and in at least two conspicuous places in the territory proposed to be annexed for not less than 20 days [prior to] before the public hearing. The first publication of [such notice shall] the notice must be at least 20 days [prior to] before the date set for the public hearing, and three publications in a newspaper published at least once a week [or oftener] are sufficient, but the first and last publication [shall] must be at least 6 days apart. The period of notice commences upon the first day of publication and terminates either upon the day of the third publication or at the end of the 20th day, including therein the first day, whichever period is longer. At the time of the first publication, the city clerk of the annexing city shall send a copy of the notice by certified mail, return receipt requested, to each record owner of real property within the territory proposed to be annexed.

      Sec. 3.  NRS 268.602 is hereby amended to read as follows:

      268.602  1.  If, not earlier than 24 months after the effective date of the annexation, and not later than 27 months after the effective date of the annexation, any record owner of real property in the annexed territory believes that the annexing city has failed to follow through on its service plans, adopted under the provisions of paragraphs (a) and (d) of subsection [5] 4 of NRS 268.578, with respect to extensions of services to be made at the expense of the annexing city, [such] the property owner may apply to the district court having jurisdiction of the annexing territory for a writ of mandamus [under the provisions of chapter 34 of NRS,] to compel the extension of [such] those services.

      2.  The court may grant the relief prayed for in the application if:

      (a) The annexing city has not provided the services set forth in its plan submitted under the provisions of paragraph (a) of subsection [5] 4 of NRS 268.578, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city on the effective date of the annexation; and

      (b) At the time the writ is sought, [such] the services set forth in the plan submitted under the provisions of paragraph (a) of subsection [5] 4 of NRS 268.578 are still being provided to the property owners and residents within the remainder of the city on substantially the same basis and in the same manner as on the effective date of the annexation.

      3.  The court may also grant the relief prayed for in the application if:

      (a) The plans submitted under the provisions of paragraph (d) of subsection [5] 4 of NRS 268.578 require the extension of any services into the annexed territory to be made at the expense of the annexing city; [and]

      (b) Contracts have not been let and construction has not begun; and


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

ê1981 Statutes of Nevada, Page 348 (Chapter 177, AB 366)ê

 

      (c) The applicant demonstrates that the need still exists for the extension of [such] those services into the annexed territory.

      4.  If a writ is made permanent, the cost in the action, including reasonable attorney’s fees for [such] the aggrieved person, [shall] must be assessed against the annexing city.

 

________

 

 

CHAPTER 178, AB 358

Assembly Bill No. 358–Committee on Ways and Means

CHAPTER 178

AN ACT relating to state purchasing; changing the name of the working capital and operating fund to the state purchasing fund; increasing the amount of money in the fund; making an appropriation; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 333.120 is hereby amended to read as follows:

      333.120  1.  [A working capital and operating fund, consisting of a working capital account and an operating account,] The state purchasing fund, in the sum of [$1,000,000] $1,250,000 is hereby created for the use of the chief in purchasing supplies, materials and equipment.

      2.  If the balance of the [working capital and operating fund] state purchasing fund exceeds the amount set forth in subsection 1 at the end of any fiscal year, [such excess shall] the excess must revert to the state general fund within 6 months.

      Sec. 2.  NRS 333.125 is hereby amended to read as follows:

      333.125  Whenever claims payable [out of the working capital account] and properly approved exceed the amount of the cash in the [working capital and operating fund,] state purchasing fund, the state controller may transfer temporarily from the state general fund to the [working capital account] state purchasing fund such amount as may be required to pay the claims, but not to exceed the lesser of:

      1.  The amount receivable from [the department of transportation] using agencies as certified by the purchasing division; or

      2.  [$200,000.] $600,000.

      Sec. 3.  NRS 333.123 is hereby repealed.

      Sec. 4.  There is hereby appropriated from the state general fund to the state purchasing fund created by NRS 333.120 the sum of [$500,000.] $250,000.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 349ê

 

CHAPTER 179, AB 318

Assembly Bill No. 318–Committee on Ways and Means

CHAPTER 179

AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources to replace a certain door and install psychiatric screens at the Lake’s Crossing facility for the mentally disordered offender; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources the sum of $3,728 for the purpose of replacing a metal roll-up door and installing psychiatric screens at the Lake’s Crossing facility for the mentally disordered offender.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 180, AB 96

Assembly Bill No. 96–Committee on Election

CHAPTER 180

AN ACT relating to elections; reducing the time for withdrawal of candidacy; making certain technical changes; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 293.087 is hereby amended to read as follows:

      293.087  “Qualified member of a political party” means a person who has designated his choice of political party on his [registration slip.] affidavit of registration.

      Sec. 2.  NRS 293.202 is hereby amended to read as follows:

      293.202  Any withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within 5 [working] days [following] after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.

      Sec. 3.  NRS 293.567 is hereby amended to read as follows:

      293.567  [Not] After the close of registration for each primary election but not later than the second Friday next preceding the primary election and after the close of registration for each general election but not later than the second Friday next preceding the [primary or] general election, the county clerk shall ascertain by precinct and district the number of registered voters in the county and their political affiliation, if any, and shall transmit [such] that information to the secretary of state.


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

ê1981 Statutes of Nevada, Page 350 (Chapter 180, AB 96)ê

 

election, the county clerk shall ascertain by precinct and district the number of registered voters in the county and their political affiliation, if any, and shall transmit [such] that information to the secretary of state.

      Sec. 4.  NRS 293.084 is hereby repealed.

 

________

 

 

CHAPTER 181, AB 438

Assembly Bill No. 438–Committee on Taxation

CHAPTER 181

AN ACT relating to the Multistate Tax Compact; withdrawing the State of Nevada form the compact; and providing other matters properly relating thereto.

 

[Approved May 5, 1981]

 

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

 

      Section 1.  NRS 376.010 to 376.060, inclusive, are hereby repealed.

      Sec. 2.  The State of Nevada hereby withdraws from the Multistate Tax Compact pursuant to the provisions of Article X of the compact.

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

 

________

 

 

CHAPTER 182, SB 174

Senate Bill No. 174–Senators Ford, Don Ashworth, Kosinski, Neal, Hernstadt, Wagner, Glaser, McCorkle, Wilson, Jacobsen, Getto and Echols

CHAPTER 182

AN ACT relating to public officers and employees; requiring applications for public employment to include a place for an applicant to list any relevant volunteer work; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Every application form for employment with the State of Nevada, any of its political subdivisions or any agency of the state must indicate that volunteer work relevant to the position applied for is considered in the evaluation of the applicant’s qualifications for employment and must provide space for the applicant to list any volunteer work he considers appropriate.

      Sec. 2.  The State of Nevada and each political subdivision and agency shall comply with the provisions of section 1 of this act when supplies of application forms which are on hand on July 1, 1981, have been exhausted.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 351ê

 

CHAPTER 183, AB 158

Assembly Bill No. 158–Assemblyman Stewart

CHAPTER 183

AN ACT relating to dependent children; revising statutes relating to the program for aid to dependent children; liberalizing residency requirements to carry out federal court decisions; amending provisions relating to the duty of support and the collection of support; broadening the availability of records in the central registry on deserting responsible parents; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 425.060 is hereby amended to read as follows:

      425.060  Assistance [shall] must be provided any dependent child who is otherwise eligible [who:

      1.  Has resided in the state for 1 year immediately preceding the application for such assistance; or

      2.  Was born within 1 year immediately preceding the application for such assistance if the parent or other relative with whom the child is living has resided in the state for 1 year immediately preceding the birth; or

      3.  Was born within 1 year immediately preceding the application for such assistance if the parent or other relative with whom the child is living has resided in the state for 1 year immediately preceding the application.] if:

      1.  He is living in this state and he or the caretaker relative with whom he lives is living in this state voluntarily with the intention of making his home in this state and not for a temporary purpose; or

      2.  At the time of application, he is living with a caretaker relative who:

      (a) Is living in this state;

      (b) Is not receiving assistance from another state; and

      (c) Entered this state with the promise of a job or is seeking employment in this state.

      Sec. 2.  NRS 425.250 is hereby amended to read as follows:

      425.250  1.  [Any] Every person who knowingly [obtains, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance of the value of $100 or more to which he is not entitled or assistance of the value of $100 or more in excess of that to which he is entitled, and] and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains monetary or any other assistance having a value of $100 or more, whether by one act or a series of acts, with intent to cheat, defraud or defeat the purposes of NRS 425.010 to 425.250, inclusive, [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.


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

ê1981 Statutes of Nevada, Page 352 (Chapter 183, AB 158)ê

 

      2.  For the purposes of subsection 1, whenever a recipient of assistance under the provisions of NRS 425.010 to 425.250, inclusive, receives an overpayment of benefits for the third time and such overpayments have resulted from a false statement or representation by [such] the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that [such] the payment was fraudulently received.

      Sec. 3.  NRS 425.350 is hereby amended to read as follows:

      425.350  1.  A parent has duties to support his children which include, but are not limited to:

      (a) Any duty arising at common law or under NRS 126.241.

      (b) Any duty arising under an order made pursuant to NRS 201.020.

      2.  Except as limited by this section, by accepting assistance in his own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the division of all rights to support from any other person which the applicant or recipient may have in his own behalf or in behalf of any other [person for whom assistance is applied for or received from any responsible parent.] family member for whom the applicant or recipient is applying for or receiving assistance. Rights to support include, but are not limited to, accrued but unpaid support payments and support payments to accrue during the period for which assistance is provided. The amount of the assigned support rights [shall] must not exceed the amount of public assistance provided or to be provided. The division shall attempt to notify the responsible parent as soon as possible after assistance begins that the child is receiving public assistance.

      3.  The recipient shall also be deemed, without the necessity of signing any document, to have appointed the administrator as his true and lawful attorney in fact with power of substitution to act in his name, place and stead to perform the specific act of endorsing all drafts, checks, money orders or other negotiable instruments representing support payments which are received as reimbursement for the public assistance money previously paid to or on behalf of each recipient.

      [3.]4.  The support rights assigned under subsection [1] 2 constitute a support debt owed to the division by the responsible parent. The support debt is enforceable under all processes provided by law. The division, through the prosecuting attorney, may also represent the recipient when the amount of the support rights exceeds the amount of the support debt.

      [4.]5.  The amount of this support debt is:

      (a) The amount specified in a court order of support [;] accrued and unpaid for 6 years preceding the commencement of the action for its enforcement; or

      (b) If there is no court order of support, or if any court order provides that no support is due, not more than the amount determined in accordance with a formula adopted by the division pursuant to regulations promulgated by the Secretary of Health [, Education and Welfare.

      5.]and Human Resources for the 3 years preceding the commencement of the action for its enforcement, less any amounts paid during that period.


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

ê1981 Statutes of Nevada, Page 353 (Chapter 183, AB 158)ê

 

      6.  The assignment provided for in subsection [1] 2 is binding upon the obligor upon service of notice thereof in the manner provided by law for service of civil process or upon actual notice thereof.

      Sec. 4.  NRS 425.360 is hereby amended to read as follows:

      425.360  1.  Any payment of public assistance creates a support debt to the division by the responsible parent, whether or not the parent received prior notice that his child was receiving public assistance. The support debt is in an amount equal to the least of:

      (a) The amount of assistance paid;

      (b) The amount due under any court order; or

      (c) If there is no court order, [to] the amount due under the formula adopted by the division pursuant to regulations promulgated by the Secretary of Health and Human Resources or under any written agreement between the division and a responsible parent.

      2.  The division is [subrogated to the right of] entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child [to] would have been entitled for support and may prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of money expended for public assistance. If a court enters judgment for an amount of support to be paid by a responsible parent, the division is [subrogated to] entitled to the amount of the debt created by such judgment to the extent of public assistance paid, and the judgment awarded shall be deemed to be in favor of the division. This [subrogation] entitlement applies but is not limited to a temporary [spouse support] order [,] for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the division in public assistance to or for the benefit of a dependent child. The division may petition the appropriate court for modification of its order on the same grounds as a party to the action.

      3.  Debts under this section may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.

      Sec. 5.  NRS 425.400 is hereby amended to read as follows:

      425.400  1.  The division may establish a central unit to serve as a registry for the receipt of information, for answering interstate inquiries concerning deserting responsible parents, to coordinate and supervise departmental activities in relation to deserting responsible parents and to assure effective cooperation with law enforcement agencies.

      2.  To effectuate the purposes of this section, the administrator or a prosecuting attorney may request all information and assistance as authorized by NRS 425.260 to 425.440, inclusive, from the following persons and entities:

      (a) State, county and local agencies;

      (b) Employers, public and private; [and]

      (c) Employee organizations and trusts of every kind [.] ;


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

ê1981 Statutes of Nevada, Page 354 (Chapter 183, AB 158)ê

 

      (d) Financial institutions and entities which are in the business of providing credit reports; and

      (e) Public utilities.

All of these persons and entities, their officers and employees, shall cooperate in the location of a responsible parent who has abandoned or deserted, or is failing to support his child and shall on request supply the division and the prosecuting attorney with all information on hand relative to the location, income and property of such parent. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

      3.  Any record established pursuant to the provisions of this section is available only to: [the]

      (a) The attorney general; [, a]

      (b) A district attorney; [or a]

      (c) A court having jurisdiction in a paternity, support or abandonment proceeding or action; [, or to an]

      (d) The resident parent, legal guardian, attorney or agent of a child who is not receiving aid to dependent children pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.); or

      (e) An agency in other states engaged in the establishment of paternity or in the enforcement of support of minor children, as authorized by regulations of the division and by the provisions of the Social Security Act.

      Sec. 6.  Section 1 of this act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 184, SB 293

Senate Bill No. 293–Senator Jacobsen

CHAPTER 184

AN ACT relating to the legislative grounds; enlarging the grounds; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 331.135 is hereby amended to read as follows:

      331.135  1.  The legislature reserves the supervision and control, both during and between legislative sessions, of:

      (a) The entire legislative building, including its chambers, offices, committee and other rooms, and its furnishings and equipment; [and]

      (b) The entire parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by Fall Street, and on the north by the sidewalk along the south fence of the of the capitol grounds [.] ; and

      (c) The entire parcel of land bounded on the west by Fall Street, on the south by Fifth Street, on the east by Stewart Street, and on the north by Fourth Street.

      2.  The director of the legislative counsel bureau:


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

ê1981 Statutes of Nevada, Page 355 (Chapter 184, SB 293)ê

 

      (a) Shall provide an individual office for each legislator whose position as an officer or committee chairman does not otherwise entitle him to occupy an assigned office.

      (b) May assign the use of all space in the legislative building during the interim between sessions of the legislature, and establish and charge reasonable fees for any use by the public of the auditorium on the first floor.

      3.  The director of the legislative counsel bureau shall cause the legislative building, chambers and grounds to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the legislature. For this purpose he may, in addition to his general power to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

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

 

________

 

 

CHAPTER 185, AB 220

Assembly Bill No. 220–Committee on Economic Development and Natural Resources

CHAPTER 185

AN ACT relating to wildlife; revising certain license, permit and tag fees; providing fees for certain licenses; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 502.240 is hereby amended to read as follows:

      502.240  The department shall issue annual licenses and limited permits:

      1.  To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of [$2] $3 for an annual fishing or hunting license.

      2.  Except as provided in NRS 502.245, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:

 

For a fishing license.................................................................... [$10.00] $14.00

For a 10-day permit to fish......................................................................       7.50

For a 3-day permit to fish........................................................................       5.00

For a hunting license.................................................................... [10.00]    13.00

For a combined hunting and fishing license.......................................     25.00

For a trapping license................................................................... [10.00]    20.00

For a fur dealer’s license................................................................ [5.00]    50.00

For an annual master guide’s license...................................... [100.00] 125.00

For an annual subguide’s license............................................... [50.00]    60.00


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

ê1981 Statutes of Nevada, Page 356 (Chapter 185, AB 220)ê

 

      3.  To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of [$5] $6.50 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $20).

      4.  Except as provided in subsection 3, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:

 

For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $20).......................................................................................... [$20.00] $30.00

For a 10-day permit to fish......................................................................     10.00

For a 3-day permit to fish........................................................................       7.50

For a hunting license.................................................................... [50.00]    75.00

For an annual trapper’s license.................................................. [50.00] 125.00

For a fur dealer’s license.............................................................. [35.00] 100.00

For an annual master guide’s license...................................... [200.00] 250.00

For an annual subguide’s license............................................. [100.00] 125.00

 

      5.  To any person, without regard to residence, upon the payment of:

 

For a noncommercial breeding ground...................................................... $5.00

For a commercial or private shooting preserve........................................ 35.00

For a commercial breeding ground............................................................. 35.00

For a commercial fish hatchery.................................................................. 35.00

For a private noncommercial fish hatchery............................... [5.00]    10.00

For a trained animal act license.................................................................. 10.00

For a live bait dealer’s permit..................................................... [50.00]    60.00

For a competitive field trials permit...........................................................   5.00

For a falconry license.................................................................................... 15.00

For an importation permit............................................................. [2.00]      5.00

For an import eligibility permit........................................................................ ....................................................................................................... 25.00

For an exportation permit................................................................................ ......................................................................................................... 2.00

For a live bait seining and transporting permit............................................. ......................................................................................................... 2.00

 

      Sec. 2.  NRS 502.250 is hereby amended to read as follows:

      502.250  1.  [The] Except as provided in subsection 5, the following fees [are in effect:] must be charged for tags:

 

Resident deer tag for regular season......................................... [$5.00] $15.00

Nonresident and alien deer tag for regular session................. [50.00]    60.00

Resident antelope tag.................................................................. [25.00]    30.00

Resident elk tag............................................................................. [25.00]    75.00

Resident bighorn tag.................................................................... [50.00]    75.00

Resident mountain lion tag......................................................................     10.00

Nonresident bighorn tag............................................................ [250.00] 500.00

Nonresident mountain lion tag................................................ [100.00] 125.00


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

ê1981 Statutes of Nevada, Page 357 (Chapter 185, AB 220)ê

 

      2.  Other resident big game tags for special seasons must not exceed $50. Other nonresident big game tags for special seasons must not exceed $250.

      3.  Tags determined to be necessary by the commission for other species under NRS 502.130, must not exceed $10.

      4.  A fee not to exceed [$2] $3 may be charged for processing an application for tags for special seasons.

      5.  The commission may accept sealed bids for or auction one bighorn sheep tag each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

      Sec. 3.  NRS 502.090 is hereby amended to read as follows:

      502.090  1.  All licenses issued as provided in this chapter are valid, and authorize the person to whom issued to hunt, to fish or to trap during open seasons only on and from the date of issuance of the license until the date of expiration printed thereon.

      2.  Each fishing license, hunting license and combined hunting and fishing license is valid until [December 31 of the year of] the last day of February after its issuance.

      Sec. 4.  NRS 503.425 is hereby amended to read as follows:

      503.425  1.  [Prior to any person’s using] Before a person may use any vacuum or suction dredge equipment in any river, stream or lake of this state, he [shall] must submit an application to the department. [specifying] The application must be accompanied by a fee of $5 and must specify the type and size of equipment to be used and its location. If the department determines that [such] the operations will not be deleterious to fish it shall issue a permit to the applicant.

      2.  It is unlawful for any person to:

      (a) Conduct [such] dredging operations without securing a permit;

      (b) Operate any equipment other than that specified in the permit; or

      (c) Conduct [such] a dredging operation outside the area designated on the permit.

      Sec. 5.  NRS 503.650 is hereby amended to read as follows:

      503.650  Nothing in this Title [shall:

      1.  Be so construed as to prohibit] :

      1.  Prohibits any person, upon the written permit of the department, from taking, killing or possessing any species of wildlife, or collecting the next or eggs thereof, for strictly scientific purposes, the number and species of wildlife to be limited by the department.

      2.  [Prevent] Prevents shipping into any other county or state, under a written permit issued by the department, any wildlife for scientific purposes.

      3.  The fee for a permit to collect wildlife for scientific purposes is $5.

      Sec. 6.  1.  The department of wildlife may charge a fee of not more than $9 for a resident tag issued pursuant to subsection 2 of NRS 502.250 for a special season for deer.

      2.  This section expires by limitation on March 1, 1983.

      Sec. 7.  A fishing license or combined hunting and fishing license issued at any time during 1981 remains in effect until February 28, 1982.

      Sec. 8.  1.  Except as provided in subsection 2, this act shall become effective upon passage and approval.


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

ê1981 Statutes of Nevada, Page 358 (Chapter 185, AB 220)ê

 

      2.  The increased fees for fishing licenses and combined hunting and fishing licenses imposed by sections 1 and 2 of this act become effective on March 1, 1982.

 

________

 

 

CHAPTER 186, AB 28

Assembly Bill No. 28–Assemblymen Dini, Jeffrey and Schofield

CHAPTER 186

AN ACT relating to water; clarifying a provision regarding publication of an application to appropriate certain water; allowing the rejection of an application without publication under certain circumstances; authorizing the state engineer to plug wells drilled by unlicensed persons; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 533.355 is hereby amended to read as follows:

      533.355  1.  Upon receipt of an application, [which shall be upon a form to be prescribed by the state engineer, and supplied to the applicant without charge,] the state engineer shall make an endorsement thereon of the date of its receipt and shall keep a record of the [same.] date. The state engineer shall provide the application forms at no cost to the applicants.

      2.  [If,] Except as provided in subsection 3, if upon examination, the application is found to be defective, it [shall] must be returned for correction or completion with advice of the reasons therefor, and the date of the return [thereof shall] must be endorsed upon the application and [made] a record [of] made of it in the state engineer’s office. [No] An application [shall] does not lose its priority of filing on account of [such] defects if the application, properly corrected and accompanied by such maps and drawings as may be required, is filed in the office of the state engineer within 60 days [from] after the date of the return to applicant. Any application returned for correction or completion, not refiled in proper form within the 60 days, [shall] must be canceled. For good cause shown, upon application made prior to the expiration of [such] the 60-day period, the state engineer may, in his discretion, grant an extension of time not to exceed 60 days in which to file the instruments.

      3.  If it appears to the state engineer that an application, which contains information of sufficient accuracy to determine the manner of use and the location from which the water is to be diverted, must be rejected, he may reject it without returning it for correction.

      4.  All applications which [shall] comply with the provisions of this chapter [shall] must be recorded in a suitable book kept for that purpose.

      Sec. 2.  NRS 533.360 is hereby amended to read as follows:

      533.360  1.  [When] Except as provided in NRS 533.370, when an application is filed in compliance with this chapter the state engineer shall, within 30 days, [at the expense of the applicant, to be paid in advance as provided in this chapter,] publish or cause to be published, in [some newspaper having a] a newspaper of general circulation and printed and published in the county where [such] the water is sought to be appropriated, a notice of the application, which [shall set] sets forth:

 


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

ê1981 Statutes of Nevada, Page 359 (Chapter 186, AB 28)ê

 

shall, within 30 days, [at the expense of the applicant, to be paid in advance as provided in this chapter,] publish or cause to be published, in [some newspaper having a] a newspaper of general circulation and printed and published in the county where [such] the water is sought to be appropriated, a notice of the application, which [shall set] sets forth:

      (a) That the application has been filed.

      (b) The date of the filing.

      (c) The name and address of the applicant.

      (d) The name of the source from which the appropriation is to be made.

      (e) The location of the place of diversion.

      (f) The purpose for which the water is to be appropriated.

      The publisher shall add thereto the date of first publication and the date of last publication.

      2.  [Upon proof of such publication, which must be filed within 30 days from the date of the last publication, the state engineer shall pay for the same from moneys deposited by the applicant for such purpose; but if the application is canceled for any reason before it is published, the fee of $25, collected for the publication, shall be returned by the state engineer to the applicant.] Proof of publication must be filed within 30 days after the final day of publication. The state engineer shall pay for the publication from the application fee. If the application is canceled for any reason before publication, the state engineer shall return to the applicant that portion of the application fee collected for publication.

      Sec. 3.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as provided in section 2 of [this act,] chapter 103, Statutes of Nevada 1981, and this section, the state engineer shall approve [all applications made] an application submitted in proper form [where all fees, as provided in this chapter, have been paid which contemplate] which contemplates the application of water to beneficial use [, and where] if:

      (a) The [proposed use or change does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare;] application is accompanied by the prescribed fees; and

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the district’s efficiency in its delivery or use of water.

      2.  The state engineer shall either approve or reject each application within 1 year [from] after the final date for filing protest; but:

      (a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and

      (b) In areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until [such time as] it is determined there is unappropriated water or the court action becomes final.

      3.  Where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for.


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

ê1981 Statutes of Nevada, Page 360 (Chapter 186, AB 28)ê

 

or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.

      4.  The [refusal] rejection or approval of an application [shall] must be endorsed on a copy of the original application, and a record made of [such] the endorsement in the records of [the office of] the state engineer. The copy of the application so endorsed [shall] must be returned to the applicant. If the application is approved, the applicant is authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is [refused,] rejected the applicant [shall] may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as [such refusal] the rejection continues in force.

      Sec. 4.  NRS 534.160 is hereby amended to read as follows:

      534.160  1.  [No person shall] A person shall not drill a well for water in this state without having first obtained a well-drilling license. [as provided in NRS 534.140 to 534.170, inclusive.]

      2.  Well drillers [are required to] must comply with [such rules and] the regulations [as may be] adopted by the state engineer governing the drilling of water wells.

      3.  If the state engineer [shall determine,] determines, upon investigation and after hearing held upon at least 15 days’ notice sent by registered or certified mail to the licensed well driller, that the well driller has failed to comply with the law or the required [rules and] regulations, the state engineer may revoke his license. The state engineer may refuse to reissue a license to a well driller if [it appears that] he has violated the law or the [rules and] regulations.

      4.  The order revoking or refusing to reissue a license [shall be] is final unless an action for review by the district court is filed pursuant to NRS 533.450.

      5.  The state engineer shall order any person who drills a well without a license to plug that well. If the well is not plugged within 30 days after the order, the state engineer shall plug the well at the expense of the person who owned or drilled the well.

      6.  If any licensed driller who owns, rents, leases or has a contract to purchase a well drilling rig allows an unlicensed person to drill or perform any work in connection with well drilling, except under the supervision of the licensed driller, his license must be revoked or not reissued.

      Sec. 5.  Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 361ê

 

CHAPTER 187, SB 356

Senate Bill No. 356–Committee on Judiciary

CHAPTER 187

AN ACT relating to probation; changing the awarding of a dishonorable discharge from a mandatory action to a discretionary action; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 176.245 is hereby amended to read as follows:

      176.245  Every defendant:

      1.  Whose probation has been revoked; or

      2.  Whose term of probation has expired, whose whereabouts are unknown, and for whose arrest a warrant has been issued,

[shall] is not eligible for an honorable discharge and may be given a dishonorable discharge.

 

________

 

 

CHAPTER 188, SB 93

Senate Bill No. 93–Committee on Government Affairs

CHAPTER 188

AN ACT relating to the state permanent school fund; making certain other provisions of law consistent with the state treasurer’s statutory responsibility for investing the money of that fund; repealing NRS 387.010 which duplicates the provisions of section 3 of article 11 of the Nevada constitution respecting that fund; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 355.070 is hereby amended to read as follows:

      355.070  1.  The state [board of finance] treasurer shall:

      (a) Make [due and] diligent inquiry as to the financial standing and responsibility of any state, county or person in whose bonds or securities on agricultural lands [it] he proposes to invest.

      (b) Require the attorney general to:

             (1) Give his written legal opinion as to the validity of any act of any state or county under which the bonds or securities are issued and authorized and in which the state [board of finance] treasurer contemplates investment.

             (2) Examine and give his written opinion upon the title and the abstract of title of all agricultural land on which the state contemplates taking mortgages.

      2.  If the state [board of finance] treasurer is satisfied as to the financial standing and responsibility of the state or county whose bonds or securities [it] he proposes to purchase, or is satisfied of the financial standing and responsibility of the person whose mortgages on agricultural land are offered to the state, and the attorney general gives his written opinion that the act under which the bonds or securities are issued is valid and that the issues were [duly and] regularly made, or approves the abstract of title of the agricultural land proposed to be mortgaged, the [board may approve] state treasurer may make the investment.


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

ê1981 Statutes of Nevada, Page 362 (Chapter 188, SB 93)ê

 

standing and responsibility of the person whose mortgages on agricultural land are offered to the state, and the attorney general gives his written opinion that the act under which the bonds or securities are issued is valid and that the issues were [duly and] regularly made, or approves the abstract of title of the agricultural land proposed to be mortgaged, the [board may approve] state treasurer may make the investment. [By a majority vote, the board shall order the state controller to draw his warrant in favor of the state treasurer for the amount to be invested. The state controller shall then draw his warrant as directed, and the state treasurer shall complete the purchase of the securities authorized by the board.]

      Sec. 2.  NRS 387.013 is hereby amended to read as follows:

      387.013  The state controller shall, each quarter, prepare a complete financial report of the state permanent school fund. A copy of this report [shall] must be submitted to the state [board of finance] treasurer and to the fiscal analysis division of the legislative counsel bureau.

      Sec. 3.  NRS 387.040 is hereby amended to read as follows:

      387.040  The state treasurer shall pay over all public school money received by him only on warrants of the state controller issued [:

      1.  Upon] upon the orders of the superintendent of public instruction in favor of county treasurers. [; or

      2.  Upon orders of the state board of finance, for purposes of investment as provided in NRS 387.010,

which orders, duly] When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.

      Sec. 4.  NRS 387.010 is hereby repealed.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 189, AB 205

Assembly Bill No. 205–Committee on Judiciary

CHAPTER 189

AN ACT relating to crimes and punishments; specifying the inclusion, among convicted persons required to register, of those convicted on March 15, 1955; correcting a defective double amendment of NRS 207.080 by the 60th session of the legislature; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 207.080 is hereby amended to read as follows:

      207.080  1.  For the purpose of NRS 207.080 to 207.150, inclusive, a “convicted person” is defined as:

      (a) Any person who, before, on or after March 15, 1955, was or is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.


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

ê1981 Statutes of Nevada, Page 363 (Chapter 189, AB 205)ê

 

other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.

      (b) Any person who, before, on or after March 15, 1955, was or is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the violation is or is not punishable as a felony:

             (1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.

             (2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.

             (3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.

      (c) Any person who, before, on or after March 15, 1955, was or is convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.030 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145, or who, before, on or after March 15, 1955, was or is convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.

      (d) Any person who, before, on or after March 15, 1955, was or is convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.

      2.  Any person, except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.

      Sec. 2.  Sections 6 and 12 of chapter 524, Statutes of Nevada 1979, at pages 1019 and 1020, respectively, are hereby amended to read respectively as follows:

 

       Sec. 6.  NRS 207.080 is hereby amended to read as follows:

       207.080  1.  For the purpose of NRS 207.080 to 207.150, inclusive, a “convicted person” is defined as:

       (a) Any person who [has been or hereafter] before or after March 15, 1955, was or is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.

       (b) Any person who [has been or hereafter] before or after March 15, 1955, was or is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the violation is or is not punishable as a felony:

 


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

ê1981 Statutes of Nevada, Page 364 (Chapter 189, AB 205)ê

 

elsewhere, of the violation of any law, whether the violation is or is not punishable as a felony:

             (1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.

             (2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.

             (3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.

       (c) Any person who [has been, or who hereafter is,] before or after March 15, 1955, was or is convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, [201.250,] 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, [465.010] 465.030 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145, or who [has been, or hereafter is,] before or after March 15, 1955, was or is convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.

       (d) Any person who [has been, or who hereafter is,] before or after March 15, 1955, was or is convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.

       2.  Any person, except as [hereinafter] set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.

       Sec. 12.  Sections 1, 5 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 365ê

 

CHAPTER 190, AB 265

Assembly Bill No. 265–Committee on Judiciary

CHAPTER 190

AN ACT relating to constables; increasing certain fees for their services; setting a fee for evictions; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 258.125 is hereby amended to read as follows:

      258.125  1.  Constables are entitled to the following fees for their services:

 

For serving summons or other process by which suit is commenced in civil cases................................................................................... [$5.00]    $7.50

For summoning a jury before a justice of the peace..........................       4.00

For taking a bond or undertaking...........................................................       2.00

For serving an attachment against the property of a defendant......       4.00

For serving subpenas, for each witness....................................... [2.00]      5.00

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio.............................................................       1.00

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof            ............................................................................................... 10.00

For each certificate of sale of real property under execution............       2.00

For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons........................................................................................       5.00

For all services in an eviction................................................................     10.00

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper       ................................................................................................. 4.00

For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only.......................................... [.50]      1.00

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only......................................................... [.50]      1.00

But mileage may not exceed [$10] $16 for any unsuccessful effort to serve such process.


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

ê1981 Statutes of Nevada, Page 366 (Chapter 190, AB 265)ê

 

      2.  A constable is also entitled to receive:

      (a) For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that [such] the charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, 2 percent thereof.

      (c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      3.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th day of the month next succeeding the month in which the fees were collected.

      4.  Constables 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 may be retained as compensation.

 

________

 

 

CHAPTER 191, AB 303

Assembly Bill No. 303–Assemblymen May, Dini and Foley

CHAPTER 191

AN ACT relating to witnesses; increasing their compensation; prohibiting termination of employment or a threat of termination of employment because of appearance as a witness; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  Chapter 50 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any person, corporation, partnership, association or other entity who is:

      (a) An employer; or

      (b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,

of a person who is a witness or who has received a summons to appear as a witness in any court, who deprives the witness or person summoned of his employment, as a consequence of his service as a witness or prospective witness, or who asserts to the witness or person summoned that his service as a witness or prospective witness will result in termination of his employment, is guilty of a misdemeanor.

      2.  A person discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:

      (a) Wages and benefits lost as a result of the violation;


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

ê1981 Statutes of Nevada, Page 367 (Chapter 191, AB 303)ê

 

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of the lost wages and benefits; and

      (d) Reasonable attorney’s fees fixed by the court.

      Sec. 2.  NRS 50.225 is hereby amended to read as follows:

      50.225  Witnesses required to attend in the courts of this state are entitled to receive the following compensation:

      1.  For attending in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpena, [$15] $25 for each day’s attendance, [which shall include] including Sundays and holidays.

      2.  Mileage [shall be allowed and] must be paid at the rate of [15] 19 cents a mile [, one way only,] for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route, but:

      (a) A person [shall not be] is not obliged to testify in a civil action or proceeding unless his mileage and at least 1 day’s fees have been paid him; and

      (b) Any person in attendance at the trial and sworn as a witness is entitled to witness fees irrespective of service of subpena.

      3.  Witness fees in civil cases [shall] must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs [shall] may not be allowed for more than two witnesses to the same fact or series of facts, nor [shall] may a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.

 

________

 

 

CHAPTER 192, AB 357

Assembly Bill No. 357–Committee on Ways and Means

CHAPTER 192

AN ACT relating to state purchasing; authorizing the chief of the purchasing division of the department of general services to contract for the rental or lease of equipment for using agencies; centralizing the inventory of the assets of certain state agencies; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 333.150 is hereby amended to read as follows:

      333.150  The chief shall [be required to purchase] :

      1.  Purchase or contract for all supplies, materials and equipment; and

      2.  Contract for the rental or lease of equipment

needed by any [and all using agencies,] using agency, unless otherwise provided by law.

      Sec. 2.  NRS 333.220 is hereby amended to read as follows:

      333.220  1.  The chief shall:


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

ê1981 Statutes of Nevada, Page 368 (Chapter 192, AB 357)ê

 

      (a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.

      (b) Establish or cause to be established an adequate identification scheme for all such property and equipment.

      (c) Cause adequate records of [such] that equipment and property to be maintained.

      2.  The chief [shall have authority to] may transfer tools, implements, machinery or other equipment in the possession of any using agency, when [such] that equipment is not necessary for the use of [such] the agency, to such other agency or agencies as may have need therefor.

      3.  The records of property and equipment of the state [shall] must be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between [such] those officers. Each using agency shall conduct an annual physical count of all property and equipment charged to it and shall reconcile the results of the annual physical count with the inventory records maintained by the chief. The chief shall maintain the current inventory records for each state agency. [except the employment security department, the department of wildlife, the Nevada industrial commission, the department of transportation and the department of motor vehicles, each of which shall annually submit to the chief an itemized list of equipment for which it is responsible.]

      4.  The [rules] regulations of the chief [shall] must prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Except as provided in subsection 5, [such rules shall provide that no such property shall] the regulations must provide that no property may be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $500 [shall] may be sold except through notice published in a newspaper circulated in the area in which the sale is made.

      5.  Before accepting other bids, the chief shall offer used highway patrol vehicles to the office of the sheriff of each county and to police departments of each city in the state and shall sell [such vehicle] the vehicles to the highest bidder, if any, from [such] those offices or departments. Bids and acceptance thereof [shall] must be made in accordance with [rules] regulations established by the chief.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 369ê

 

CHAPTER 193, SB 247

Senate Bill No. 247–Committee on Judiciary

CHAPTER 193

AN ACT relating to procedure in criminal cases; limiting the cases where presentence investigation is mandatory; prescribing maximum periods for probation; providing for disposal of weapons of probationers and certain confiscated and unclaimed property; and providing other matters properly relating thereto.

 

[Approved May 6, 1981]

 

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

 

      Section 1.  NRS 176.135 is hereby amended to read as follows:

      176.135  1.  The probation service of the district court shall make a presentence investigation and report to the court [upon] on each defendant who pleads guilty or nolo contendere to or is found guilty of a felony. The report must be made before the imposition of sentence or the granting of probation.

      2.  Upon request of the court, the service shall make presentence investigations and reports on defendants who plead guilty or nolo contendere to or are found guilty or gross misdemeanors.

      Sec. 2.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, or an offense for which the suspension of sentence or the granting of probation is expressly forbidden, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.210 to 210.230, inclusive, is received by the court.

      2.  The district judge shall not, except as provided herein, grant probation [until] to a person convicted of a felony until the judge receives a written report [is received by him] from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, [and] but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.

      3.  In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution [as provided in NRS 176.189, except that the] or an order that the probationer dispose of all the weapons he possesses.

      4.  The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.

      [4.]5.  In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.

      [5.]6.  The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.


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

ê1981 Statutes of Nevada, Page 370 (Chapter 193, SB 247)ê

 

176.245, inclusive, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.

      Sec. 3.  NRS 176.215 is hereby amended to read as follows:

      176.215  1.  The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court [. Such period with] , but such a period, including any extensions thereof [shall not exceed 5 years.] , must not be more than:

      (a) Three years for a:

             (1) Gross misdemeanor; or

             (2) Deferred judgment pursuant to subsection 6 of NRS 453.336; or

      (b) Five years for a felony.

      2.  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with the power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as provided in subsection 3, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.

      3.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.

      Sec. 4.  Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  1.  A parole or probation officer shall immediately deliver to the department any seized, abandoned or unclaimed property, other than an instrument or weapon described in NRS 202.350, which he obtains in the pursuance of his duty, unless he is required to retain the property as evidence pursuant to a court order or directive of the attorney general or a district attorney. Property retained as evidence must be placed in a secured locker for evidence at a law enforcement agency in this state and when released from evidence must be immediately delivered to the department.

      2.  The department shall keep such property for return to the owner and, unless it is contraband, return it to him if he submits a claim to the department and establishes his ownership within 1 year after the department comes into possession of it. Contraband includes any property which, if possessed by a parolee or probationer, would constitute a violation of the terms of his parole or probation or any federal or state law.


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

ê1981 Statutes of Nevada, Page 371 (Chapter 193, SB 247)ê

 

which, if possessed by a parolee or probationer, would constitute a violation of the terms of his parole or probation or any federal or state law. Contraband becomes the property of the department.

      3.  Any contraband consisting of controlled substances or dangerous drugs must be disposed of or destroyed as provided by law.

      4.  If the department is not able to determine the owner of the property within the 1-year period, the department acquires title to it and the chief parole and probation officer shall:

      (a) Sell the property at a public auction at the same times and places that confiscated instruments and weapons are sold; or

      (b) Retain the property for the official use of the department.

      5.  The department shall keep accurate records of all property governed by this section.

      Sec. 6.  1.  A parole or probation officer shall immediately deliver to the department any seized, abandoned or unclaimed instrument or weapon described in NRS 202.350 which he obtains in the pursuance of his duty, unless he is required to retain it as evidence pursuant to a court order or directive of the attorney general or a district attorney. Property retained as evidence must be placed in a secured locker for evidence at a law enforcement agency in this state and when released from evidence must be immediately delivered to the department.

      2.  The department shall:

      (a) Destroy or direct to be destroyed the instrument or weapon if it is determined to be dangerous to the safety of the public.

      (b) Return an instrument or weapon which has not been destroyed pursuant to paragraph (a), upon demand, to any person other than a parolee or probationer:

             (1) From whom it was confiscated if that person is acquitted of the public offense or crime of which he was charged; or

             (2) Who otherwise claims and establishes ownership of it. Any such instrument or weapon which is not destroyed, returned or claimed within 1 year after the department comes into possession of it becomes the property of the department.

      3.  The chief parole and probation officer shall at least once a year order the officers who have custody of such instruments and weapons that have become the property of the department to:

      (a) Retain the instrument or weapon for official use by the department.

      (b) Deliver the instruments and weapons to another custodial officer of the department to be sold.

      (c) Sell any such instrument or weapon to another law enforcement agency at a price not less than its prevailing market value.

      (d) Sell all unretained and unsold instruments and weapons at a public auction to be held at least once in each year, after notice of such public auction describing the instrument or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city of the sale.

      4.  All proceeds of the sales provided for in subsection 3 must be deposited with the state treasurer for credit to the state general fund.

      5.  Any officer receiving an order as provided in subsection 3 shall comply with such order as soon as practicable.


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

ê1981 Statutes of Nevada, Page 372 (Chapter 193, SB 247)ê

 

      6.  The department shall keep accurate records of all instruments and weapons governed by this section.

      Sec. 7.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.160, inclusive [:] , and sections 5 and 6 of this act:

      1.  “Board” means the state board of parole commissioners.

      2.  “Department” means the department of parole and probation.

      3.  “Executive officer” means the chief parole and probation officer.

      Sec. 8.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 194, SB 241

Senate Bill No. 241–Committee on Natural Resources

CHAPTER 194

AN ACT relating to government; granting powers to the State of Nevada, its officers and political subdivisions to accept grants of money, services and other property and acquire land from the Federal Government to provide facilities necessary for carrying on community life substantially expanded by the deployment of the MX missile project in the State of Nevada; changing the provisions for branch county jails; suspending the population requirement for the incorporation of a city; and providing other matters properly relating thereto.

 

[Approved May 7, 1981]

 

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

 

      Section 1.  NRS 211.090 is hereby amended to read as follows:

      211.090  1.  A board of county commissioners or metropolitan police commission may establish a branch county jail in any [town] township in the county [,] except the township containing the county seat, if in its judgment the public needs require it, and provide that persons charged with or convicted of a misdemeanor in [such town or other town or townships] the township mentioned in the order [shall] must be imprisoned in [such] the branch county jail instead of in the county jail at the county seat.

      2.  Any judge or justice of the peace before whom [such] a conviction may be had may order that a prisoner be imprisoned in the county jail of the county wherein such conviction may be had if the public safety or the safety of such prisoner requires it.

      Sec. 2.  NRS 211.110 is hereby amended to read as follows:

      211.110  The board of county commissioners or the metropolitan police commission may direct the jailer of such branch county jail to work the prisoners on the [public streets of such town or on the] public roads of the county where the branch county jail is located.

      Sec. 3.  NRS 265.020 is hereby repealed.

      Sec. 4.  The operation of NRS 265.010 is suspended until July 1, 1983.

      Sec. 5.  In addition to its powers conferred by general law, the board of trustees of a school district may, on behalf of the school district:


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

ê1981 Statutes of Nevada, Page 373 (Chapter 194, SB 241)ê

 

      1.  Purchase or otherwise acquire from the Federal Government and its agencies and instrumentalities all or any portion of available land near an MX missile deployment site or sites at intervals during any period when such purchase or other acquisition may be made as provided by the Congress of the United States, including any extension of time.

      2.  Accept the benefit of any Act of Congress providing financial assistance for school districts affected by the deployment of the MX missile project in this state without reference to any regulation of the state board of education concerning the provision of assistance by the Federal Government.

      Sec. 6.  In addition to its powers conferred by general law, the board of wildlife commissioners may, on behalf of the department of wildlife, accept the benefit of any Act of Congress providing financial assistance for the preservation, protection, management and restoration of wildlife within the state affected by the deployment of the MX missile project in this state.

      Sec. 7.  1.  Notwithstanding the provisions of any other law:

      (a) The board of county commissioners of any county;

      (b) The governing body of an incorporated city;

      (c) The governing body of an unincorporated town;

      (d) The governing bodies of all special districts; and

      (e) All state departments, agencies, commissions and instrumentalities,

may exercise the powers specified in subsection 2.

      2.  The powers conferred by this section are:

      (a) To accept grants of money, services and property from the Federal Government and its agencies and instrumentalities for the purpose of providing facilities and services necessary for carrying on community life substantially expanded by the deployment of the MX missile project in this state.

      (b) On behalf of the governmental agency, purchase or otherwise acquire form the Federal Government and its agencies and instrumentalities all or any portion of available land near an MX missile deployment site or sites at intervals during any period when such purchase or other acquisition may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.

      Sec. 8.  1.  This act shall become effective upon passage and approval.

      2.  Sections 5, 6 and 7 of this act expire by limitation on July 1, 1983.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 374ê

 

CHAPTER 195, AB 342

Assembly Bill No. 342–Committee on Judiciary

CHAPTER 195

AN ACT relating to gaming; prohibiting more than one licensed operation at a single establishment; and providing other matters properly relating thereto.

 

[Approved May 7, 1981]

 

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

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or horse race book, which authorize gaming at the same establishment must be merged into a single gaming license. A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

      2.  A person who has been issued a nonrestricted gaming license may establish a sports pool or horse race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the commission.

 

________

 

 

CHAPTER 196, SB 4

Senate Bill No. 4–Committee on Government Affairs

CHAPTER 196

AN ACT relating to public property; providing for its use in industrial development; authorizing its conveyance without charge to another political subdivision for a public purpose; and providing other matters properly relating thereto.

 

[Approved May 7, 1981]

 

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

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board of county commissioners of a county whose population is less than 9,000, upon making a finding pursuant to a public hearing that a county industrial park is necessary to meet the needs of the county, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan and establish requirements for the:

      (a) Acquisition, sale or lease of real property by the county for industrial development; and

      (b) Design, engineering and construction of industrial developments.

      2.  The board shall:


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

ê1981 Statutes of Nevada, Page 375 (Chapter 196, SB 4)ê

 

      (a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the county, or if there is no such newspaper then in a newspaper of general circulation in the county published in the state; and

      (b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.

      3.  The board may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years, but afterward the board may extend it year by year. Any attempted assignment of such an option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the board with the county recorder.

      4.  After review by the planning commission, a member of the board or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the board.

      5.  The board shall, after a public hearing, approve or reject the proposed plan.

      Sec. 2.  NRS 244.281 is hereby amended to read as follows:

      244.281  Except as provided in section 1 of this act:

      1.  When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be for purposes other than to realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, within the county and will be in the best interest of the county, it may:

      (a) Sell the property at public auction, in the manner prescribed for the sale of real property on execution.

      (b) Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which [shall] must not exceed the normal commissions prevailing in the community at the time.

      (c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.

      2.  Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS. In case of:

      (a) A sale, the notice [shall] must state the name of the licensed real estate broker handling the sale and [shall] invite interested persons to negotiate with him.

      (b) An exchange, the notice [shall] must call for offers of cash or exchange. The commission shall accept the highest and best offer.

      3.  If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and shall not sell or exchange it for less than the appraised value.


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

ê1981 Statutes of Nevada, Page 376 (Chapter 196, SB 4)ê

 

appoint one or more disinterested, competent real estate appraisers to appraise the property, and shall not sell or exchange it for less than the appraised value.

      4.  If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.

      Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The governing body of a city located in a county whose population is less than 9,000, upon making a finding pursuant to a public hearing that a city industrial park is necessary to meet the needs of the city, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan and establish requirements for the:

      (a) Acquisition, sale or lease of real property by the city for industrial development; and

      (b) Design, engineering and construction of industrial developments.

      2.  The governing body shall:

      (a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is no such newspaper then in a newspaper of general circulation in the city published in the state; and

      (b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.

      3.  The governing body may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years but afterward the governing body may extend it year by year. Any attempted assignment of such an option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the governing body with the county recorder.

      4.  After review by the planning commission, a member of the governing body or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the governing body.

      5.  The governing body shall, after a public hearing, approve or reject the proposed plan.

      Sec. 4.  Chapter 277 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      A governing body of a political subdivision may convey real property to another political subdivision without charge if the property is to be used for a public purpose.

      Sec. 5.  NRS 277.050 is hereby amended to read as follows:

      277.050  1.  As used in this section, “public agency” includes the United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, Carson City, a public corporation and a public district.

      2.  Without a vote of the electors of a public agency first being had, the governing body [thereof is authorized:

      (a) To sell] may:


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

ê1981 Statutes of Nevada, Page 377 (Chapter 196, SB 4)ê

 

      (a) Sell or exchange to another public agency any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.

      (b) [To lease] Lease to another public agency, for a term not exceeding 99 years, any unused real property belonging to it, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.

      3.  A sale or exchange may be:

      (a) Negotiated without advertising for public bids.

      (b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or exchanging public agencies shall, except as provided in section 4 of this act, pay or convey property worth an amount at least equal to the current appraised value of the real property being conveyed or exchanged. [Funds] Money derived from a sale [shall] must be used for capital outlay.

      4.  A lease may be:

      (a) Negotiated without advertising for public bids.

      (b) Made for such consideration as may be authorized by action of the governing body of the lessor public agency.

      5.  Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange [the same,] it, or a resolution declaring its intention to lease [the same,] it, as the case may be. The resolution [shall:] must:

      (a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.

      (b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.

      (c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which [meeting] objections to the sale, exchange or lease may be made by the electors of the public agency.

      6.  Notice of the adoption of the resolution and of the time and place of the public meeting [shall] must be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice [shall] must be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.

      7.  Any resolution accepting a bid or any other form of acceptance of a bid by another public agency [shall authorize and] must direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver [the same] it to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently therewith.

      Sec. 6.  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.


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

ê1981 Statutes of Nevada, Page 378 (Chapter 196, SB 4)ê

 

lease any real property, the board shall appoint one appraiser. A second appraiser [shall] must be appointed by the 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.

      3.  No sale or lease of real property [shall] may be made for less than the value fixed by the appraisers [.] , but this requirement does not apply to a conveyance without charge to another political subdivision.

      4.  The compensation of the appraisers [shall] must be fixed by the board of trustees, and [shall be] is 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. 7.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 197, AB 228

Assembly Bill No. 228–Committee on Judiciary

CHAPTER 197

AN ACT relating to the commission on judicial discipline; providing for the employment of a secretary to the commission and relieving the court administrator of the secretary’s duties; and providing other matters properly relating thereto.

 

[Approved May 8, 1981]

 

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

 

      Section 1.  NRS 1.450 is hereby amended to read as follows:

      1.450  1.  The commission on judicial discipline may:

      (a) Within the amount of money appropriated by the legislature for this purpose, employ and [compensate attorneys,] compensate:

             (1) A secretary to prepare the budget and manage the fiscal affairs of the commission and perform other duties relating to the administration of the affairs of the commission as the commission directs; and

             (2) Attorneys, accountants, investigators, reporters, physicians, technical experts and other necessary persons;

      (b) Provide for the attendance and compensation of witnesses; and

      (c) Pay from available funds all necessary expenses incurred by the commission.

      2.  The attorney general shall, upon request of the commission, act as its counsel in any investigation or proceeding of the commission.

      Sec. 2.  NRS 1.420 is hereby repealed.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 379ê

 

CHAPTER 198, SB 371

Senate Bill No. 371–Senators Wagner, Wilson, Raggio, Ford, Kosinski, Gibson, Neal, Faiss, Blakemore, Bilbray, Glaser, Jacobsen, Getto, Don Ashworth, Keith Ashworth, Echols, McCorkle, Hernstadt and Close

CHAPTER 198

AN ACT relating to victims of domestic violence; creating county advisory boards on domestic violence; providing for grants of financial assistance to organizations serving victims of domestic violence; providing for review and evaluation of their services; imposing an additional fee for the issuance of marriage licenses to finance these grants; and providing other matters properly relating thereto.

 

[Approved May 8, 1981]

 

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

 

      Section 1.  Chapter 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 9, inclusive, of this act:

      1.  “Division” means the mental hygiene and mental retardation division of the department of human resources.

      2.  “Domestic violence” means the attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.

      3.  “Family or household member” means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.

      4.  “Victim of domestic violence” includes the dependent children of the victim.

      Sec. 3.  Each board of county commissioners shall:

      1.  Create an advisory board on domestic violence or designate an existing county board which advises on welfare or other matters relating to social services to serve ex officio as the advisory board. Such a board must consist of not less than three nor more than seven members. If the board of county commissioners:

      (a) Creates an advisory board, it shall appoint as members:

             (1) At least one member who is a representative of the county or district health department or of a rural mental health center of the division; and

             (2) As its other members, persons who are familiar with the problems associated with domestic violence, such as former victims of domestic violence, representatives of organizations which assist such victims, attorneys experienced in domestic relations, social workers, counselors, teachers and ministers.

      (b) Designates an existing board to serve ex officio as the advisory board, at least one of the members of that board must be familiar with the problems of domestic violence.

      2.  Establish within the county treasury an enterprise fund known as the fund for assistance to victims of domestic violence.

      3.  After consultation with the advisory board:

      (a) Award grants of money from that fund, on an annual basis, to eligible organizations which perform services within the county for victims of domestic violence; or

 


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

ê1981 Statutes of Nevada, Page 380 (Chapter 198, SB 371)ê

 

eligible organizations which perform services within the county for victims of domestic violence; or

      (b) Release money from that fund to the board of county commissioners of any other county pursuant to an interlocal agreement whereby services are made available to residents of the contributing county who are victims of domestic violence.

      Sec. 4.  To be eligible for a grant by the board of county commissioners from the fund for assistance to victims of domestic violence, an applicant must:

      1.  Be a nonprofit corporation, incorporated or qualified in this state.

      2.  Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic violence.

      3.  Receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.

      4.  Provide its services exclusively for victims of domestic violence and only within this state for victims who are residents of this state.

      5.  Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.

      6.  Provide its services without any discrimination on the basis of race, religion, color, age, sex, marital status, national origin or ancestry.

      7.  Be able to provide:

      (a) Shelter to victims on any day, at any hour.

      (b) A telephone service capable of receiving emergency calls on any day, at any hour.

      (c) Facilities where food can be stored and prepared.

      (d) Counseling, or make referrals for counseling, for victims or spouses of victims and their children.

      (e) Assistance to victims in obtaining legal, medical, psychological or vocational help.

      (f) Education and training for members of the community on matters which relate to domestic violence.

      Sec. 5.  1.  An application for a grant from the fund for assistance to victims of domestic violence must be submitted to the board of county commissioners at least 3 months before the beginning of the fiscal year for which the grant is desired.

      2.  When the board of county commissioners receives an application for such a grant, it shall have the advisory board on domestic violence examine the application and advise whether the applicant is eligible for a grant, whether there is a need in the county for the applicant’s services, and whether the applicant’s program for providing those services is designed to be administered efficiently.

      3.  The board of county commissioners has the final authority to approve or deny an application for a grant. The board, at least 45 days before the beginning of the fiscal year, shall notify each applicant in writing of the action taken on its application.

      4.  If an application is approved, the board of county commissioners shall direct the county treasurer to disburse by the beginning of the fiscal year money granted for the first half of the fiscal year, and by the beginning of the second half of the fiscal year money for the second half of the fiscal year.


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

ê1981 Statutes of Nevada, Page 381 (Chapter 198, SB 371)ê

 

shall direct the county treasurer to disburse by the beginning of the fiscal year money granted for the first half of the fiscal year, and by the beginning of the second half of the fiscal year money for the second half of the fiscal year.

      5.  A board of county commissioners may by ordinance make reasonable changes in the periods of time governing applications for and approval of grants and disbursements of money in this section so that these procedures are compatible with existing budgetary procedures.

      Sec. 6.  1.  An account for supplemental aid for victims of domestic violence is hereby created in the state general fund. The account must be administered by the administrator of the division.

      2.  Any unencumbered balance remaining in any county’s fund for assistance to victims of domestic violence 45 days before the end of a fiscal year must be paid to the state treasurer before the beginning of the next fiscal year for credit to the account for supplemental aid to victims of domestic violence.

      3.  Any nonprofit organization in the state which is able to provide the services specified in subsection 7 of section 4 of this act may apply for a supplemental grant from the state account.

      4.  During the first month of a fiscal year the administrator of the division shall give written notice to all organizations which received grants from a county for the current fiscal year that they may apply for supplemental grants, to the extent that money is available in the state account created for this purpose. The administrator shall also take appropriate steps to inform other nonprofit organizations which are able to provide the specified services they may apply for grants from the state account.

      5.  An application for a supplemental grant must be received by the division before the end of the second month of the fiscal year.

      Sec. 7.  1.  The mental hygiene and mental retardation advisory board shall advise the administrator of the division concerning the award of supplemental grants from the state account.

      2.  Upon receiving one or more applications for supplemental grants, the administrator of the division shall submit the applications to the mental hygiene and mental retardation advisory board for examination and evaluation and shall consult with the board on each applicant’s qualifications to receive a grant, based on the range of services which the applicant offers to victims of domestic violence.

      3.  The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing such an application.

      4.  All supplemental grants which have been awarded must be disbursed from the state account to the recipients by the end of the 5th month of the fiscal year. Money remaining in the account after disbursement of the grants for any year does not revert and may be awarded in a subsequent year.

      5.  The administrator may adopt regulations which make reasonable changes in the schedule for supplemental grants set forth in this section so that the schedule is compatible with the existing budgetary procedures of the division or any county.

      Sec. 8.  1.  Each organization which has received a grant from a board of county commissioners for assistance to victims of domestic violence shall furnish quarterly and annual financial reports to that board in a manner which the board may prescribe.


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

ê1981 Statutes of Nevada, Page 382 (Chapter 198, SB 371)ê

 

board of county commissioners for assistance to victims of domestic violence shall furnish quarterly and annual financial reports to that board in a manner which the board may prescribe.

      2.  The annual report must include:

      (a) The number of persons who were provided services other than counseling or referrals;

      (b) The number of persons who were provided counseling or referrals; and

      (c) The results of an independent audit of the organization’s financial records.

      3.  The reports must not identify any person served by the reporting organization or provide any information by which any such person might be identified.

      Sec. 9.  1.  The county advisory board on domestic violence shall:

      (a) Examine the quarterly and annual reports;

      (b) Evaluate the effectiveness of the respective organizations in aiding victims of domestic violence; and

      (c) Report its conclusion and recommendations to the board of county commissioners.

      2.  The board of county commissioners shall review the annual report and the conclusions of its advisory board and shall make annual recommendations to the administrator of the division regarding the success of the whole program for assistance to victims of domestic violence and any need for additional legislation.

      3.  The administrator shall review the reports from the boards of county commissioners, compile the information contained in them about the individual programs for assistance to victims of domestic violence, and make a comprehensive report biennially to the legislature.

      Sec. 10.  NRS 122.060 is hereby amended to read as follows:

      122.060  1.  The clerk is entitled to receive as his fee for issuing the license the sum of $13.

      2.  The clerk shall also at the time of issuing the license collect the sum of $3 to pay it over to the county recorder as his fee for recording the certificate described in NRS 122.130.

      3.  The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.

      4.  The clerk shall also at the time of issuing the license collect the additional sum of $5 for the county fund for assistance to victims of domestic violence. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that fund.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 383ê

 

CHAPTER 199, AB 367

Assembly Bill No. 367–Assemblymen Nicholas, Mello, DuBois, Polish, Dini, Schofield, Prengaman, May, Redelsperger, Cafferata, Glover, Brady, Ham, Horn, Bennett, Sader, Malone, Beyer, Thompson, Chaney, Craddock, Kovacs, Marvel, Bergevin, Vergiels, Hayes, Hickey, Rusk, Robinson, Price, Coulter, Westall, Stewart, Foley, Rhoads, Jeffrey, Banner, Rackley, Bremner and Barengo

CHAPTER 199

AN ACT relating to state lands; authorizing the state land registrar to exchange state lands for private land in the Tahoe basin; and providing other matters properly relating thereto.

 

[Approved May 8, 1981]

 

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

 

      Section 1.  Chapter 323 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The state land registrar may exchange state lands for any lands of equal value belonging to private persons. The values of the lands which are to be exchanged must be established by an appraisal conducted by an appraiser who is certified pursuant to NRS 361.221.

      2.  Upon effecting an exchange, the state land registrar shall deliver to the transferee proper conveyances of title to the state lands exchanged and shall require similar conveyances of title to the state of the lands received pursuant to the exchange.

      Sec. 2.  Notwithstanding the provisions of NRS 232.158, the state land registrar may exchange state lands pursuant to section 1 of this act situated outside of the Tahoe basin for lands within the Tahoe basin which are privately owned.

 

________

 

 

CHAPTER 200, AB 616

Assembly Bill No. 616–Committee on Elections

CHAPTER 200

AN ACT relating to cities of the third class incorporated under general law; providing that unopposed candidates be declared elected without an election; and providing other matters properly relating thereto.

 

[Approved May 8, 1981]

 

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

 

      Section 1.  NRS 266.629 is hereby amended to read as follows:

      266.629  1.  A general city election [shall] must be held in each city of the third class on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day either every 2 years or every 4 years thereafter as determined by ordinance.

      2.  There [shall] must be one mayor and three councilmen for each city of the third class, and it [shall] must be determined by ordinance passed after incorporation or after July 1, 1969, whether the terms of office of the mayor and the councilmen [shall] are to be 2 or 4 years and if it is determined to have terms of 4 years, whether [such] the terms of office [shall] are to be staggered.


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

ê1981 Statutes of Nevada, Page 384 (Chapter 200, AB 616)ê

 

office of the mayor and the councilmen [shall] are to be 2 or 4 years and if it is determined to have terms of 4 years, whether [such] the terms of office [shall] are to be staggered. If it is determined by ordinance that the terms of office [shall] are to be staggered, the mayor and the three councilmen holding office on the date of the ordinance shall decide by lot among themselves which two of their offices [shall] expire at the general election which next follows the date of the ordinance, and thereafter the terms of office [shall] must be 4 years.

      3.  A candidate for any office to be voted for at the general city election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the city council by ordinance.

      4.  Candidates for mayor [shall] must be voted upon by the electors of the city at large. Candidates for councilmen [shall] must be voted upon by the electors of their respective wards to represent the wards in which they reside, or by the electors of the city at large to represent the wards in which they reside, in accordance with the provisions of this chapter.

      5.  If at 5 p.m. on the last day for filing an affidavit of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election need be held for that office.

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

 

________

 

 

CHAPTER 201, AB 232

Assembly Bill No. 232–Assemblyman Sader

CHAPTER 201

AN ACT relating to corporations; clarifying the required age for directors; eliminating the requirement that one director be a citizen of the United States; clarifying the type of agent appointed by certain corporations; and providing other matters properly relating thereto.

 

[Approved May 8, 1981]

 

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

 

      Section 1.  NRS 78.115 is hereby amended to read as follows:

      78.115  The business of every corporation [shall] must be managed by a board of not less than three directors or trustees, all of whom [shall be of full age and at least one of whom shall be a citizen of the United States, except that, in] must be at least 18 years of age. In cases where all the shares of the corporation are owned beneficially and of record by [either] one or two stockholders, the number of directors may be less than three but not less than the number of stockholders. Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereof, [it shall not be necessary for] directors [to] need not be stockholders.


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

ê1981 Statutes of Nevada, Page 385 (Chapter 201, AB 232)ê

 

thereof, [it shall not be necessary for] directors [to] need not be stockholders.

      Sec. 2.  NRS 80.010 is hereby amended to read as follows:

      80.010  1.  Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, which enters this state for the purpose of doing business therein, shall file:

      (a) In the office of the secretary of state of Nevada:

             (1) A certificate of corporate existence issued by an authorized officer of the jurisdiction of its incorporation setting for the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, [shall] must be attached thereto.

             (2) A statement executed by an officer of the corporation, acknowledged before an officer authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:

             (I) The name and address of its [registered] resident agent in this state, who shall be a natural person residing in, or another corporation with its principal office located in this state;

             (II) As of a date not earlier than 6 months before the filing date, the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares, as set forth in the articles of incorporation as last amended; and

             (III) A general description of the purposes of the corporation.

      (b) In the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence certified by the secretary of state.

      2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation, unless the written acknowledged consent of that other corporation or person for whom the name is reserved to the adoption of the name is filed with the documents.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 386ê

 

CHAPTER 202, AB 201

Assembly Bill No. 201–Assemblymen Marvel, Dini, Jeffrey, Rhoads and Polish

CHAPTER 202

AN ACT relating to economic development by local governments; adding health and care facilities and their supplemental facilities to the projects which may be financed, acquired, improved or equipped by means of revenue bonds; and providing other matters properly relating thereto.

 

[Approved May 8, 1981]

 

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

 

      Section 1.  Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Health and care facility” means a hospital, an intermediate care facility or a skilled nursing facility as those terms are defined in NRS 449.012, 449.014 and 449.018, respectively.

      Sec. 3.  “Supplemental facility for a health and care facility” includes a clinic, facility for outpatients, and any other structure or facility directly related to the operation of a health and care facility.

      Sec. 4.  NRS 244A.671 is hereby amended to read as follows:

      244A.671  Whenever used in NRS 244A.669 to 244A.763, inclusive, unless a different meaning clearly appears from the context, the words and terms defined in NRS 244A.673 to 244A.693, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 244A.689 is hereby amended to read as follows:

      244A.689  “Project” means:

      1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for a manufacturing, industrial, warehousing or research and development [enterprises.] enterprise, a health and care facility or a supplemental facility for a health and care facility.

      2.  The refinancing of any land, building or other improvement and any real and personal property necessary for a health and care facility or a supplemental facility for a health and care facility.

      3.  Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any [individual] natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:

      (a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.

      (b) In connection with the furnishing of water if available on reasonable demand to members of the general public.

      (c) In connection with the furnishing of energy or gas.

      [3.]4.  Any undertaking by a public utility, in addition to that allowed by subsection [2,] 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.


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

ê1981 Statutes of Nevada, Page 387 (Chapter 202, AB 201)ê

 

      [4.]5.  In addition to the kinds of property described in subsection [2,] 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including without limitation any leases and any rights to take water or fuel.

      Sec. 6.  NRS 244A.695 is hereby amended to read as follows:

      244A.695  1.  It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to the end that [such] the counties may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in, remain or expand in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest [such] the counties with all powers that may be necessary to enable them to accomplish [such] those purposes. [, which powers shall] The powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.

      2.  It is also the intent of the legislature to authorize counties to finance, acquire, own, lease or sell projects or interests therein for the purpose of:

      (a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.

      (b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public, in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability. This purpose includes the furnishing of electricity and the provision of facilities to transmit electricity for sale outside the state if its generation promotes industry, commerce or employment within the state.

      3.  It is also the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the county.

      4.  It is not intended [hereby] that any county [shall] itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.

      [4.]5.  No county may by virtue of NRS 244A.669 to 244A.763, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate in the county which offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same.


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

ê1981 Statutes of Nevada, Page 388 (Chapter 202, AB 201)ê

 

intrastate markets are substantially the same. The provisions of this subsection do not apply to health and care facilities or to supplemental facilities for health and care facilities.

      [5.]6.  NRS 244A.669 to 244A.763, inclusive, [shall] must be liberally construed in conformity with this declaration of purpose.

      Sec. 7.  NRS 244A.711 is hereby amended to read as follows:

      244A.711  1.  Except as otherwise provided in NRS 244A.703, after holding the required public hearing, the board of county commissioners shall proceed no further unless or until it:

      (a) Except as otherwise provided in subsection 2, determines by resolution the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing, or then has in effect, a rating within one of the top four rating categories of either Moody’s Investor Service, Inc. or Standard and Poor’s Corporation, except that a municipal or other public supplier of electricity in this state, [or] a public utility regulated by the public service commission of Nevada, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;

      (d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and

      (e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings supporting that determination.

      2.  If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.

      3.  The board may refuse to adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to adopt such a resolution with respect to any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting this approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.

      4.  If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the board shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.


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

ê1981 Statutes of Nevada, Page 389 (Chapter 202, AB 201)ê

 

a lessee or his designee, a purchaser or his designee or an obligor or his designee, the board shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.

      Sec. 8.  NRS 244A.715 is hereby amended to read as follows:

      244A.715  1.  The bonds [shall:] must:

      (a) Be authorized by resolution;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;

      (e) Bear [such] interest at [a] such rate or rates; [not exceeding 12 percent per annum;]

      (f) Be in such form;

      (g) Carry such registration privileges;

      (h) Be executed in such manner, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which manual signature may be either an official of the county or an officer of the trustee authenticating the same;

      (i) Be payable at such place or places within or without the state; and

      (j) Be subject to such terms of redemption,

as the authorizing resolution may provide.

      2.  Except as otherwise provided in this subsection 2, the bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the county, in its discretion, [shall determine.] determines. In the case of a project for the generation and transmission of electricity, the determination with respect to the manner of sale of the bonds must be made in the best interest of the participants, upon the recommendation and with the concurrence of the management committee. As an incidental expense of the project, the county, in its discretion, may employ financial and legal consultants in regard to the financing of the project.

      3.  The bonds are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      Sec. 9.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

      Sec. 10.  “Health and care facility” means a hospital, an intermediate care facility or a skilled nursing facility as those terms are defined in NRS 449.012, 449.014 and 449.018, respectively.

      Sec. 11.  “Supplemental facility for a health and care facility” includes a clinic, facility for outpatients, and any other structure or facility directly related to the operation of a health and care facility.

      Sec. 12.  NRS 268.514 is hereby amended to read as follows:

      268.514  Whenever used in NRS 268.512 to 268.568, inclusive, unless a different meaning clearly appears from the context, the following words and terms defined in NRS 268.516 to 268.523, inclusive, and sections 10 and 11 of this act, have the meanings ascribed to them in [NRS 268.516 to 268.523, inclusive.] those sections.

      Sec. 13.  NRS 268.522 is hereby amended to read as follows:

      268.522  “Project” means:


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

ê1981 Statutes of Nevada, Page 390 (Chapter 202, AB 201)ê

 

      1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for a manufacturing, industrial, warehousing or research and development [enterprises.] enterprise, a health and care facility or a supplemental facility for a health and care facility.

      2.  The refinancing of any land, building or other improvement and any real and personal property necessary for a health and care facility or a supplemental facility for a health and care facility.

      3.  Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any [individual,] natural person, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:

      (a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when [such] that material is used.

      (b) In connection with the furnishing of water if available on reasonable demand to members of the general public.

      (c) In connection with the furnishing of energy or gas.

      [3.]4.  Any undertaking by a public utility, in addition to that allowed by subsection [2,] 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

      Sec. 14.  NRS 268.524 is hereby amended to read as follows:

      268.524  1.  It is the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of properties to the end that [such] the cities may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in, remain or expand in this state, [in order] to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest [such] the cities with all powers that may be necessary to enable them to accomplish [such] those purposes. [, which powers shall] The powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.

      2.  It is also the intent of the legislature to authorize cities to finance, acquire, own, lease or sell projects or interests therein for the purpose of:

      (a) Reducing, abating or preventing pollution, or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.

      (b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.


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

ê1981 Statutes of Nevada, Page 391 (Chapter 202, AB 201)ê

 

state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.

      3.  It is also the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the cities.

      4.  It is not intended hereby that any city [shall] itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.

      [4.]5.  No city may by virtue of NRS 268.512 to 265.568, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate within or within 10 miles of the city which would offer substantial competition to an existing enterprise within the county in which such city is located whose intrastate markets are substantially the same. The provisions of this subsection do not apply to health and care facilities or to supplemental facilities for health and care facilities.

      [5.]6.  NRS 268.512 to 268.568, inclusive, [shall] must be liberally construed in conformity with this declaration of purpose.

      Sec. 15.  NRS 268.530 is hereby amended to read as follows:

      268.530  1.  After holding a public hearing as provided in NRS 268.528, the governing body shall proceed no further unless or until by resolution it:

      (a) Determines the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moody’s Investor Service, Inc., or Standard and Poor’s Corporation, except that a public utility regulated by the public service commission of Nevada, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence; and

      (d) Determines that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement.

      2.  The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting the approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.

      3.  If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or any obligor or his designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the city will be expended soley for the purposes of the project.


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

ê1981 Statutes of Nevada, Page 392 (Chapter 202, AB 201)ê

 

designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by the city will be expended soley for the purposes of the project.

      Sec. 16.  NRS 268.534 is hereby amended to read as follows:

      268.534  1.  The bonds [shall:] must:

      (a) Be authorized by resolution;

      (b) Be in such denominations;

      (c) Bear such date or dates;

      (d) Mature at such time or times not exceeding 40 years from their respective dates;

      (e) Bear [such] interest at [a] such rate or rates; [not exceeding 12 percent per annum;]

      (f) Be in such form;

      (g) Carry such registration privileges;

      (h) Be executed in such manner;

      (i) Be payable at such place or places within or without the state; and

      (j) Be subject to such terms of redemption,

as the authorizing resolution may provide.

      2.  The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the city, in its discretion, [shall determine.] determines. As an incidental expense of the project, the city, in its discretion, may employ financial and legal consultants in regard to the financing of the project.

      3.  The bonds [shall be] are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      Sec. 17.  This act shall become effective upon passage and approval.

 

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CHAPTER 203, AB 56

Assembly Bill No. 56–Assemblymen Bremner, Mello and Barengo

CHAPTER 203

AN ACT authorizing additional expenditures by the University of Nevada, Reno, and the University of Nevada, Las Vegas, for the fiscal year commencing July 1, 1980, and ending June 30, 1981; and providing other matters properly relating thereto.

 

[Approved May 13, 1981]

 

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

 

      Section 1.  In addition to the sums authorized for expenditure by the University of Nevada, Reno, and the University of Nevada, Las Vegas, in section 1 of chapter 623, Statutes of Nevada 1979, at page 1342, there is hereby authorized for expenditure for the fiscal year beginning July 1, 1980, and ending June 30, 1981, the following sums not appropriated from the state general fund or the state highway fund:

      1.  University of Nevada, Reno, $728,000.

      2.  University of Nevada, Las Vegas, $817,690.

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

 

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

ê1981 Statutes of Nevada, Page 393ê

 

CHAPTER 204, SB 180

Senate Bill No. 180–Committee on Human Resources and Facilities

CHAPTER 204

AN ACT relating to the administration of welfare; changing requirements concerning meetings of the state welfare board; and providing other matters properly relating thereto.

 

[Approved May 13, 1981]

 

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

 

      Section 1.  NRS 422.110 is hereby amended to read as follows:

      422.110  1.  The members of the board shall meet at such times and at such places as the board, the chairman of the board, the administrator or the director [shall deem] deems necessary, but a meeting of the board [shall] must be held at least once each [calendar quarter.] year.

      2.  Four members of the board [shall] constitute a quorum, and [such] a quorum may exercise all the power and authority conferred on the board.

      3.  The board shall keep minutes of the transactions of each board session, regular or special, which [shall be] are public records and must be filed with the welfare division.

 

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CHAPTER 205, AB 192

Assembly Bill No. 192–Assemblymen Jeffrey, Schofield, Bennett, May, Mello, Prengaman, Beyer, Chaney, DuBois, Rackley, Craddock, Hickey, Price, Dini, Thompson and Foley

CHAPTER 205

AN ACT relating to pharmacists; authorizing a pharmacist to fill a prescription that was written by a practitioner from outside the state with a substitute for the drug which is named; permitting substitutions in prescriptions contained in certain physicians’ orders; and providing other matters properly relating thereto.

 

[Approved May 13, 1981]

 

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

 

      Section 1.  NRS 639.2583 is hereby amended to read as follows:

      639.2583  If a practitioner has prescribed a drug by brand name and has indicated that a substitution may be made, a pharmacist may fill the prescription with another drug which is biologically equivalent and has the same active ingredient or ingredients of the same strength, quantity and form of dosage and is of the same generic type as the drug prescribed.