[Rev. 4/6/2015 4:04:33 PM]

LAWS OF THE STATE OF NEVADA

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ê1983 Statutes of Nevada, Page 1ê

LAWS OF THE STATE OF NEVADA

Passed at the

SIXTY-SECOND SESSION OF THE LEGISLATURE

1983

 

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Gibson and Lamb

CHAPTER 1

AN ACT making an appropriation from the fund for additional post-retirement increases to the state general fund; and providing other matters properly relating thereto.

 

[Approved January 18, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND

ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sec. 1.  There is hereby appropriated from the fund for additional post-retirement increases to the state general fund the sum of $20,000,000, plus all remaining accrued interest from July 1, 1979, except that sufficient money must remain in the fund for additional post-retirement increases to allow the payment of any benefits through June 30, 1983.

      Sec. 2.  Any balance which remains in the fund after June 30, 1983, is hereby appropriated 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 2, AB 4

Assembly Bill No. 4–Assemblymen Dini and Vergiels

CHAPTER 2

AN ACT relating to bill books; increasing the fee to be charged for a set of the books; and providing other matters properly relating thereto.

 

[Approved January 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.185 is hereby amended to read as follows:

      218.185  1.  During each session of the legislature, employees of the senate and assembly shall compile and prepare sets of books containing bills, resolutions, journals and histories for:

      (a) The officers and members of the senate and assembly without cost to them.

 

 


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ê1983 Statutes of Nevada, Page 2 (Chapter 2, AB 4)ê

 

      (b) Selected staff members of the legislative counsel bureau without cost to them.

      (c) The press room for use of accredited press representatives, four such sets of books without cost to them.

      (d) Persons other than those enumerated in paragraphs (a), (b) and (c) upon application to the legislative counsel bureau and the payment of a fee of [$100.] $150.

      2.  All fees collected under the provisions of this section must be deposited with the state treasurer for credit to the legislative fund in accordance with the provisions of NRS 353.250.

      Sec. 2.  The increased fee imposed by this act applies to sets of books containing bills, resolutions, journals and histories compiled and prepared during the 1983 session of the Nevada legislature as well as to future sets.

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

 

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CHAPTER 3, AB 3

Assembly Bill No. 3–Assemblymen Dini and Vergiels

CHAPTER 3

AN ACT relating to matter printed for the legislature; making changes in the distribution of bills and other publications; and providing other matters properly relating thereto.

 

[Approved January 24, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  There is no limit upon the number of bills or other legislative publications that may be distributed free of charge to:

      1.  Members of the legislature, except as may be otherwise provided by joint rule or by rule of either house for its members.

      2.  The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.

      3.  The legislative counsel bureau.

      Sec. 3.  1.  The following persons are entitled to receive free of charge in any one calendar year any bill, resolution, daily history, daily journal or index, in the number of copies shown, upon verification of their wishes to receive the publication:

      (a) Justices and the clerk of the supreme court, one copy;

      (b) County clerks and district attorneys, one copy;

      (c) A judge and clerk of a district court in a judicial district having one judge, one copy; and

      (d) The judges and the administrator or clerk of a district court in a judicial district having more than one judge, two copies.

      2.  Upon approval of the committee on legislative functions of the senate or assembly, additional copies must be provided to these persons without charge, except for the cost of handling and postage as determined by the director of the legislative counsel bureau.

 


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ê1983 Statutes of Nevada, Page 3 (Chapter 3, AB 3)ê

 

senate or assembly, additional copies must be provided to these persons without charge, except for the cost of handling and postage as determined by the director of the legislative counsel bureau.

      Sec. 4.  1.  The following persons, offices or organizations, upon request, are entitled to receive free of charge in any one calendar year one copy of any bill, resolution, daily history, daily journal or index:

      (a) Elected state officers.

      (b) Offices of all state departments and agencies.

      (c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.

      (d) Offices of other county officials.

      (e) Municipal officers.

      (f) Districts and other governmental agencies.

      (g) Justices of the peace.

      (h) The Nevada state library.

      (i) County and city libraries and libraries of the University of Nevada System.

      (j) Accredited members of the press.

      2.  Upon approval of the committee on legislative functions of the senate or assembly, additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the director of the legislative counsel bureau.

      3.  Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or other legislative publication that is approved by the committee on legislative functions of the senate or assembly.

      Sec. 5.  NRS 218.460 is hereby amended to read as follows:

      218.460  1.  All requests for mailing or distribution of bills and legislative publications [shall] must be filed with the director of the legislative counsel bureau who shall request the superintendent of the state printing and records division of the department of general services to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The superintendent of the state printing and records division [shall] may print only that amount of bills and legislative publications necessary for such requests and requirements.

      2.  Except as otherwise provided in sections 2 to 4, inclusive, of this act and this section, no bill or other legislative publication [shall] may be distributed without payment therefor of a sum fixed by the director of the legislative counsel bureau.

      3.  Any person, office or organization, except for those for which provision is otherwise made in this section, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or of each daily history, daily journal or index.

      [3.  There is no limitation upon the number of bills or of such other legislative publications, or copies of either, that may be distributed, free of charge, to:

      (a) Members of the legislature.

 


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ê1983 Statutes of Nevada, Page 4 (Chapter 3, AB 3)ê

 

      (b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.

      (c) The legislative counsel bureau.

      4.  Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or of such other legislative publication that is approved by the legislative functions committee of either the senate or assembly.

      5.  The following persons shall, automatically, receive free of charge in any 1 calendar year two copies of any bill or resolution or of any daily history, daily journal or index and additional copies upon approval of the legislative functions committee of either the senate or assembly:

      (a) Elected state officers.

      (b) County clerks, district attorneys, sheriffs, treasurers, assessors, recorders and auditors.

      (c) Justices and the clerk of the supreme court.

      (d) Judges and clerks of the district courts.

      6.  The following persons, offices or organizations, upon request, shall receive free of charge in any one calendar year two copies of any bill or resolution or of any daily history, daily journal or index and additional copies upon approval of the legislative functions committee of either the senate or assembly:

      (a) Offices of other county officials.

      (b) Offices of all state agencies and departments.

      (c) Municipal officers.

      (d) Districts and other governmental agencies.

      (e) Justices of the peace.

      (f) The Library of Congress.

      (g) County and city libraries and libraries of the University of Nevada System.

      (h) The Nevada State Library.

      (i) Accredited members of the press.

      7.]4.  The director of the legislative counsel bureau shall fix the cost of such bills and publications, including postage, and such [moneys] money as may be received by him [shall] must be remitted to the legislative counsel bureau for deposit in the legislative fund. Prior to each session of the state legislature, the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.

      [8.]5.  The costs of such distributions, including postage, [shall] must be paid from the legislative fund.

      Sec. 6.  This act shall become effective upon passage and approval.

 

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ê1983 Statutes of Nevada, Page 5ê

 

CHAPTER 4, SB 67

Senate Bill No. 67–Senators Raggio, Wagner, Wilson, Mello and Glover

CHAPTER 4

AN ACT relating to boards of equalization; permitting the enlargement of the county boards; and providing other matters properly relating thereto.

 

[Approved January 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.340 is hereby amended to read as follows:

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

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

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

      2.  The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. If such an additional panel is added, it shall determine the valuation of residential real property and the other members of the board shall sit separately to determine the valuation of all other property subject to its jurisdiction.

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

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

      [4.]5.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.

      [5.]6.  The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.

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

      [7.]8.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization.

 


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ê1983 Statutes of Nevada, Page 6 (Chapter 4, SB 67)ê

 

the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.

      [8.]9.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

      [9.]10.  The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before February [15] 27 of each year. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

      [10.]11.  The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.

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

 

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CHAPTER 5, AB 541

Assembly Bill No. 541–Committee on Elections

CHAPTER 5

AN ACT relating to county officers; requiring the governor to fill vacancies among certain county commissioners with persons from the same political party as the most recent holder of the office; and providing other matters properly relating thereto.

 

[Approved February 2, 1983]

 

[Vetoed of the 61st Session]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.040 is hereby amended to read as follows:

      244.040  1.  Any vacancy occurring in any board of county commissioners [shall] must be filled by appointment of the governor. Except in Carson City, the governor shall appoint a suitable person who is a member of the same political party as the most recent holder of the vacant office.

      2.  The term of office of a person appointed to the office of county commissioner [shall] does not, by virtue of the appointment, extend beyond 12 p.m. of the day preceding the 1st Monday of January next following the next general election.

 

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ê1983 Statutes of Nevada, Page 7ê

 

CHAPTER 6, AB 619

Assembly Bill No. 619–Committee on Ways and Means

CHAPTER 6

AN ACT relating to state lands; requiring legislative approval of leases which extend beyond 1 year; and providing other matters properly relating thereto.

 

[Approved February 2, 1983]

 

[Vetoed of the 61st Session]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 322 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any lease of state land whose term extends or is renewable beyond 1 year must be approved by:

      1.  The legislature, by concurrent resolution, when the legislature is in regular or special session; or

      2.  The interim finance committee, when the legislature is not in regular or special session.

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

 

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CHAPTER 7, AB 665

Assembly Bill No. 665–Committee on Taxation

CHAPTER 7

AN ACT relating to taxation; imposing the local school support tax and city-county relief tax on occasional sales of motor vehicles; providing a credit for the exchange of a used vehicle in a purchase of an automobile; and providing other matters properly relating thereto.

 

[Approved February 2, 1983]

 

[Vetoed of the 61st Session]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any sale of a motor vehicle as defined in NRS 482.075 by a person other than a licensed dealer is subject to the tax imposed by this chapter.

      2.  The tax payable on a motor vehicle sold by a person other than a dealer must be collected by the department of motor vehicles or its agent at the time the vehicle is registered. The department of motor vehicles shall remit the money collected to the department at least monthly. The department of motor vehicles may retain 2 percent of the tax collected as its fee.

      3.  The amount of tax collected must be determined from the price shown on the bill of sale. If there is no bill of sale, the department of motor vehicles shall calculate the tax using a recognized list of prices for used automobiles.

      Sec. 3.  The amount of taxes imposed by this chapter on the gross receipts from the sale of a motor vehicle must be reduced by an amount equal to the product of the rate of the taxes multiplied by the amount allowed by the seller against the purchase price in exchange for the used vehicle of the purchaser, if a used vehicle was so exchanged.

 


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ê1983 Statutes of Nevada, Page 8 (Chapter 7, AB 665)ê

 

amount equal to the product of the rate of the taxes multiplied by the amount allowed by the seller against the purchase price in exchange for the used vehicle of the purchaser, if a used vehicle was so exchanged.

      Sec. 4.  NRS 374.325 is hereby amended to read as follows:

      374.325  There are exempted from the taxes imposed by this chapter the gross receipts from occasional sales of tangible personal property other than motor vehicles, and the storage, use or other consumption in a county of tangible personal property [,] other than a motor vehicle, the transfer of which to the purchaser is an occasional sale.

      Sec. 5.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  The department and its agents in registering a vehicle shall:

      (a) Collect the license plate fees and registration fees as provided for in this chapter.

      (b) Collect the privilege tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the registration period, unless the vehicle is deemed to have no base.

      (c) Collect any local school support tax and city-county relief tax due pursuant to section 2 of this act.

      (d) Issue a certificate of registration, together with the regular license plate or plates.

      2.  Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.

      3.  Every vehicle referred to in subsection 1 of NRS 482.206 being registered for the first time in Nevada [shall] must be taxed for privilege tax purposes for a 12-month period. Every vehicle referred to in subsection 2 of NRS 482.206 being registered for the first time in Nevada [shall] must be taxed for privilege tax purposes pro rata on a monthly basis upon the amount of time remaining in the current calendar year.

 

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CHAPTER 8, SB 94

Senate Bill No. 94–Committee on Finance

CHAPTER 8

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

 

[Approved February 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.

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

 

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ê1983 Statutes of Nevada, Page 9ê

 

CHAPTER 9, SB 31

Senate Bill No. 31–Senator Lamb

CHAPTER 9

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

 

[Approved February 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.

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

 

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CHAPTER 10, SB 25

Senate Bill No. 25–Committee on Judiciary

CHAPTER 10

AN ACT relating to gifts to minors; broadening the scope of the Nevada Uniform Gifts to Minors Act to include real property and tangible personal property; and providing other matters properly relating thereto.

 

[Approved February 18, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 167.020 is hereby amended to read as follows:

      167.020  In this chapter, unless the context otherwise requires:

      1.  An “adult” is a person who has attained the age of 18 years.

      2.  A “bank” is a bank, trust company, national banking association, savings bank or industrial bank.

      3.  A “broker” is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business.

      4.  “Court” means the district court.

      5.  The “custodial property” includes:

      (a) All securities, life insurance policies, annuity contracts, real property, tangible personal property and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this chapter;

      (b) The income from the custodial property; and

      (c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies, annuity contracts , real property, tangible personal property and income.

      6.  A “custodian” is a person so designated in a manner prescribed in this chapter [; the] . The term includes a successor custodian.

 


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ê1983 Statutes of Nevada, Page 10 (Chapter 10, SB 25)ê

 

      7.  A “financial institution” is a bank, a federal savings and loan association, a savings institution chartered and supervised as a savings and loan or similar institution under federal law or the laws of a state or a federal credit union; and “insured financial institution” is one, deposits (including a savings, share, certificate or deposit account) in which are, in whole or in part, insured by the Federal Deposit Insurance Corporation, or by the Federal Savings and Loan Insurance Corporation.

      8.  A “guardian” of a minor means the general guardian, guardian, tutor or curator of his property or estate appointed or qualified by a court of this state or another state.

      9.  An “issuer” is a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.

      10.  A “legal representative” of a person is his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.

      11.  A “life insurance policy or annuity contract” means a life insurance policy or annuity contract issued by an insurance company authorized to do business in this state on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this chapter or on the life of a member of the minor’s family. “Life insurance policy or annuity contract” includes a life insurance certificate or annuity certificate and “life insurance company” includes a fraternal benefit society.

      12.  A “member” of a “minor’s family” means any of the minor’s parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.

      13.  A “minor” is a person who has not attained the age of 18 years.

      14.  A “security” includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in “registered form” when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purposes by or on behalf of the issuer.

      15.  A “transfer agent” is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities.

 


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ê1983 Statutes of Nevada, Page 11 (Chapter 10, SB 25)ê

 

      16.  A “trust company” is a bank, corporation or other legal entity authorized to exercise trust power in this state.

      Sec. 2.  NRS 167.030 is hereby amended to read as follows:

      167.030  1.  An adult person may, during his lifetime, make a gift of a security, a life insurance policy or annuity contract , real property, tangible personal property or money to a person who is a minor on the date of the gift:

      (a) If the subject of the gift is a security in registered form, by registering it in the name of the donor, another adult person or a trust company, followed, in substance, by the words: “as custodian for ..................(name of minor).................. under the Nevada Uniform Gifts to Minors Act”;

      (b) If the subject of the gift is a security not in registered form, by delivering it to an adult person other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian:

 

Gift Under the Nevada Uniform Gifts to Minors Act

 

      I, ..........(name of donor).........., hereby deliver to ..........(name of custodian.......... as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act, the following [security(ies):] security or securities: (Insert an appropriate description of the security or securities delivered sufficient to identify it or them).

                                                                                                .......................................................

                                                                                                          (Signature of donor)

      ..........(name of custodian).......... hereby acknowledges receipt of the above-described [security(ies)] security or securities as custodian for the above minor under the Nevada Uniform Gifts to Minors Act.

      Dated: ....................

                                                                                                .......................................................

                                                                                                      (Signature of custodian)

      (c) If the subject of the gift is money, by paying or delivering it to a broker or a financial institution for credit to an account in the name of the donor, another adult or a trust company, followed, in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act.”

      (d) If the subject of the gift is a life insurance policy or annuity contract, by causing the ownership of the policy or contract to be registered with the issuing insurance company in the name of the donor, another adult or a trust company, followed, in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act.”

      (e) If the subject of the gift is an interest in real estate, by executing and delivering in the appropriate manner a deed, assignment or similar conveyance of the interest to the custodian in his own name, followed, in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act.”

 


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ê1983 Statutes of Nevada, Page 12 (Chapter 10, SB 25)ê

 

      (f) If the subject of the gift is an interest in tangible personal property, by causing the ownership of the property to be transferred by any appropriate written document to the custodian in his own name, followed, in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act.”

      2.  Any gift made in a manner prescribed in subsection 1 may be made to only one minor and only one person may be the custodian.

      3.  A donor who makes a gift to a minor in a manner prescribed in subsection 1 shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donor’s failure to comply with this subsection, [nor] his designation of an ineligible person as custodian [,] nor renunciation by the person designated as custodian affects the consummation of the gift.

      Sec. 3.  NRS 167.040 is hereby amended to read as follows:

      167.040  1.  A gift made in a manner prescribed in this chapter is irrevocable and conveys to the minor indefeasibly vested legal title to the security, life insurance policy, annuity contract , real property, tangible personal property or money given, but no guardian of the minor has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.

      2.  By making a gift in a manner prescribed in this chapter, the donor incorporates in his gift all the provisions of this chapter and grants to the custodian, and to any issuer, transfer agent, bank, financial institution, life insurance company, broker or third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this chapter.

      Sec. 4.  NRS 167.050 is hereby amended to read as follows:

      167.050  1.  The custodian shall collect, hold, manage, invest and reinvest the custodial property.

      2.  The custodian shall pay over to the minor for expenditure by him, or expend for the minor’s benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.

      3.  The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial properly as is necessary for the minor’s support, maintenance or education.

      4.  To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of 18 years or, if the minor dies before attaining the age of 18 years, he shall thereupon deliver or pay it over to the estate of the minor.

 


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ê1983 Statutes of Nevada, Page 13 (Chapter 10, SB 25)ê

 

years, he shall thereupon deliver or pay it over to the estate of the minor.

      5.  The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this chapter or hold money so given in an account in the financial institution to which it was paid or delivered by the donor.

      6.  The custodian may sell, exchange, convert, surrender or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security of which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any instruments in writing which he deems advisable to carry out any of his powers as custodian. With respect to any interest in real property, he may perform the same acts that any adult may perform, including all powers enumerated for a trustee under NRS 163.265 to 163.410, inclusive.

      7.  The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act.” The custodian shall hold all money which is custodial property in an account with a broker or in an insured financial institution in the name of the custodian, followed, in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act.” The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.

      8.  The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years.

      9.  A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this chapter, all the rights and powers which a guardian has with respect to property not held as custodial property.

      10.  If the subject of the gift is a life insurance policy or annuity contract, the custodian:

      (a) In his capacity as custodian, has all the incidents of ownership in the policy or contract to the extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minor’s estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting; and

 

 


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ê1983 Statutes of Nevada, Page 14 (Chapter 10, SB 25)ê

 

policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting; and

      (b) May pay premiums on the policy or contract out of the custodial property.

      Sec. 5.  NRS 167.080 is hereby amended to read as follows:

      167.080  1.  Only an adult member of the minor’s family, a guardian of the minor or a trust company is eligible to become successor custodian. A custodian may designate his successor by executing and dating an instrument of designation before a subscribing witness other than the successor; the instrument of designation may but need not contain the resignation of the custodian. If the custodian does not so designate his successor before he dies or becomes legally incapacitated, and the minor has attained the age of 14 years, the minor may designate a successor custodian by executing an instrument of designation before a subscribing witness other than the successor. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this chapter.

      2.  The designation of a successor custodian as provided in subsection 1 takes effect as to each item of the custodial property when the custodian resigns, dies, or becomes legally incapacitated and the custodian or his legal representative:

      (a) Causes the item, if it is a security in registered form or a life insurance policy or annuity contract, to be registered, with the issuing insurance company in the case of a life insurance policy or annuity contract, in the name of the successor custodian followed, in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act”; and

      (b) Executes a conveyance of the interest to the successor custodian, if the custodial property is an interest in real property, designated in substance, by the words: “as custodian for ..........(name of minor).......... under the Nevada Uniform Gifts to Minors Act” and delivers the instrument for recording to the proper office; and

      (c) Delivers or causes to be delivered to the successor custodian any other item of the custodial property, together with the instrument of designation of the successor custodian or a true copy thereof and any additional instruments required for the transfer thereof to the successor custodian.

      3.  A custodian who executes an instrument of designation of his successor containing the custodian’s resignation as provided in subsection 1 shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian names in the instrument. The legal representative of a custodian who dies or becomes legally incapacitated shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in an instrument of designation executed as provided in subsection 1 by the custodian or, if none, by the minor if he has no guardian and has attained the age of 14 years, or in the possession and control of the guardian of the minor if he has a guardian.

 


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ê1983 Statutes of Nevada, Page 15 (Chapter 10, SB 25)ê

 

guardian of the minor if he has a guardian. If the custodian has executed as provided in subsection 1 more than one instrument of designation, his legal representative shall treat the instrument dated on an earlier date as having been revoked by the instrument dated on a later date.

      4.  If the person designated as custodian or as successor custodian by the custodian as provided in subsection 1 is not eligible, dies or becomes legally incapacitated before the minor attains the age of 18 years and if the minor has a guardian, the guardian of the minor shall be successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or become legally incapacitated has been designated as provided in subsection 1, a donor, his legal representative, the legal representative of the custodian or an adult member of the minor’s family may petition the court for the designation of a successor custodian.

      5.  A donor, the legal representative of donor, a successor custodian, an adult member of the minor’s family, a guardian of the minor or the minor, if he has attained the age of 14 years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties.

      6.  Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.

 

________

 

 

CHAPTER 11, SB 20

Senate Bill No. 20–Committee on Judiciary

CHAPTER 11

AN ACT relating to minors; allowing payment of judgments in favor of a minor to be made to his parents or guardian; and providing other matters properly relating thereto.

 

[Approved February 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 17.025 is hereby amended to read as follows:

      17.025  Whenever a judgment for a sum of money is entered in favor of a minor [for whom no guardian has been appointed, or a court approves a compromise of a claim of such a minor:

      1.  If the sum is less than $2,500, exclusive of costs and attorney’s fees, the court may make it payable directly to the parents of the minor or the parent having custody of the minor.

      2.  If the sum is $2,500 or more, exclusive of costs and attorney’s fees, the court shall make it payable to a guardian appointed for the minor.]

 


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ê1983 Statutes of Nevada, Page 16 (Chapter 11, SB 20)ê

 

fees, the court shall make it payable to a guardian appointed for the minor.] , the court may:

      1.  Direct the money to be paid to either parent, or if the parents of the minor are living separate and apart, to the custodial parent, or if no custody award has been made, to the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, to the guardian, with or without the filing of any bond; or

      2.  Require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem with or without the filing of any bond,

as in the discretion of the court seems to be in the best interests of the minor.

 

________

 

 

CHAPTER 12, SB 22

Senate Bill No. 22–Committee on Judiciary

CHAPTER 12

AN ACT relating to powers of attorney; allowing a power of attorney to remain in effect when the principal is disabled; requiring a notice of death or disability before revocation; and providing other matters properly relating thereto.

 

[Approved February 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Whenever a principal designates another his attorney in fact or agent by a power of attorney in writing and the writing contains the words “This power of attorney is not affected by disability of the principal,” or “This power of attorney becomes effective upon the disability of the principal,” or similar words showing the intent of the principal that the authority conferred may be exercised notwithstanding his disability, the authority of the attorney in fact or agent may be exercised by him as provided in the power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty whether the principal is dead or alive. All acts done by the attorney in fact or agent pursuant to the power during any period of disability or incompetence or uncertainty whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his guardian or heirs, devisees and personal representative as if the principal were alive, competent and not disabled. If a guardian thereafter is appointed for the principal, the attorney in fact or agent, during the continuance of the appointment shall account to the guardian rather than the principal. The guardian has the same power the principal would have had if he were not disabled or incompetent, to revoke, suspend or terminate all or any part of the power of attorney or agency.

 


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ê1983 Statutes of Nevada, Page 17 (Chapter 12, SB 22)ê

 

      Sec. 3.  1.  The death, disability or incompetence of any principal who has executed a power of attorney in writing other than a power as described by section 2 of this act does not revoke or terminate the agency as to the attorney in fact, agent or other person who, without actual knowledge of the death, disability or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees and personal representatives.

      2.  An affidavit, executed by the attorney in fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability or incompetence is, in the absence of a showing of fraud or bad faith, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable.

      3.  This section does not alter or affect any provision for revocation or termination contained in the power of attorney.

 

________

 

 

CHAPTER 13, SB 23

Senate Bill No. 23–Committee on Judiciary

CHAPTER 13

AN ACT relating to judgment debtors; providing for an examination of a judgment debtor before issuance of a writ of execution; and providing other matters properly relating thereto.

 

[Approved February 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 21.270 is hereby amended to read as follows:

      21.270  [When an execution against property of the judgment debtor, or any one of several debtors in the same judgment, issued to the sheriff of the county where he resides, or, if he does not reside in this state, to the sheriff of the county where the judgment roll is filed, is returned unsatisfied, in whole or in part, the] A judgment creditor, at any time after [such return is made, shall be] the judgment is entered is entitled to an order from the judge of the court requiring [such] the judgment debtor to appear and answer upon oath concerning his property, before [such] the judge or a master appointed by him at a time and place specified in the order [;] , but no judgment debtor [shall] may be required to [attend] appear before a judge or master [out of] outside the county in which he resides . [when proceedings are taken under the provisions of this chapter.]

 

________

 

 

 


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ê1983 Statutes of Nevada, Page 18ê

 

CHAPTER 14, AB 49

Assembly Bill No. 49–Committee on Judiciary

CHAPTER 14

AN ACT relating to traffic laws; eliminating a conflict between NRS 483.383 and 484.385 concerning the duration of the penalty imposed against an arrested driver for his refusal to submit to required chemical tests; and providing other matters properly relating thereto.

 

[Approved February 21, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as provided in subsections 4 and 5, any person who drives a vehicle upon a highway in this state shall be deemed to have given his consent to a chemical test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving a vehicle while under the influence of intoxicating liquor or a controlled substance and:

      (a) After he was arrested for any offense allegedly committed while he was driving a vehicle under the influence of intoxicating liquor or a controlled substance; or

      (b) He is dead, unconscious or otherwise in a condition rendering him incapable of being arrested.

      2.  The person arrested must be informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle . [for a period of 6 months.]

      3.  Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the suspension of his privilege to drive a vehicle . [for a period of 6 months.]

      4.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section.

      5.  Where the alcoholic content of the defendant’s blood is in issue, a person may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test, and may refuse to submit to a blood or urine test if means are reasonable available to perform a breath test. Where the presence of a controlled substance in the blood of the person arrested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a urine test, but he may not submit to a breath test in lieu of submitted to a blood or urine test.

      6.  If a person under arrest refuses to submit to a required chemical test as directed by a police officer under this section, the police officer shall submit to the department of motor vehicles within 10 days a sworn written statement that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to the test upon the officer’s request.

 


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ê1983 Statutes of Nevada, Page 19 (Chapter 14, AB 49)ê

 

test as directed by a police officer under this section, the police officer shall submit to the department of motor vehicles within 10 days a sworn written statement that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to the test upon the officer’s request.

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

 

________

 

 

CHAPTER 15, SB 66

Senate Bill No. 66–Committee on Judiciary

CHAPTER 15

AN ACT relating to statutes; ratifying technical corrections made to various chapters of NRS and to multiple amendments of sections of NRS; correcting the effective date of and repealing certain related provisions in Statutes of Nevada 1981; and providing other matters properly relating thereto.

 

[Approved February 22, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 55, Statutes of Nevada 1981, at page 143, is hereby amended to read as follows:

       Sec. 2.  NRS 218.2393 is hereby amended to read as follows:

       218.2393  1.  A person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, who is elected or appointed to the legislature [shall] may not receive a retirement allowance during the period of time in which he serves as a legislator. Upon reentry into retirement he may receive a retirement allowance based upon his previous service and his added service.

       2.  If a retired legislator is chosen by election or appointment to fill another elective office, he is entitled to the same allowances as a retired legislator who has no employment.

       3.  Except as otherwise provided in subsection [4,] 5 or 6, the consequences of the employment of a person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, in any other capacity than as a legislator are:

       (a) A retired legislator who accepts employment or an independent contract with a public employer under the public employees’ retirement system is disqualified from receiving any allowances under the legislators’ retirement system for the duration of that employment or contract if:

             (1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or

             (2) He is employed in a position which is eligible to participate in the public employee’s retirement system.

       (b) If a retired legislator accepts employment or an independent contract with a public employer under the public employees’ retirement system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in the public employees’ retirement system his allowance under the legislators’ retirement system terminates immediately upon his earning more than [$4,800] $6,000 in any fiscal year, for the duration of that employment .

 


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ê1983 Statutes of Nevada, Page 20 (Chapter 15, SB 66)ê

 

date of his retirement in a position which is not eligible to participate in the public employees’ retirement system his allowance under the legislators’ retirement system terminates immediately upon his earning more than [$4,800] $6,000 in any fiscal year, for the duration of that employment . [or contract.]

       (c) If a retired legislator accepts employment with an employer that is not a public employer under the public employees’ retirement system, he is entitled to the same allowances as a retired legislator who has no employment.

       [3.]4.  The retired legislator and the public employer shall notify the board:

       (a) Within 10 days after the first day of an employment or contract governed by paragraph (a); [and]

       (b) Within 30 days after the first day of an employment or contract governed by paragraph (b) [,] ; and

       (c) Within 10 days after a retired legislator earns more than $6,000 from an employment or contract governed by paragraph (b),

of subsection [2.] 3.

       [4.]5.  The board may waive for one period of 30 days or less a retired legislator’s disqualification under this section if the public employer certifies in writing, in advance, that the retired legislator is recalled to meet an emergency and that no other qualified person is immediately available.

       6.  A person who is employed by either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 3 and 4 during the course of the legislative session for which he is employed.

      Sec. 2.  Section 1 of chapter 66, Statutes of Nevada 1981, at page 163, is hereby amended to read as follows:

       Section 1.  Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:

       Except as limited by this section, in addition to the matters made admissible by NRS 179.465, the contents of any communication lawfully intercepted under the laws of the United States or of another jurisdiction before, on or after July 1, 1981, if the interception took place within that jurisdiction, and any evidence derived from such a communication, are admissible in any action or proceeding in a court or before an administrative body of this state, including without limitation the Nevada gaming commission and the state gaming control board. Matter otherwise privileged under this Title does not lose its privileged character by reason of any interception.

      Sec. 3.  Section 3 of chapter 68, Statutes of Nevada 1981, at page 165, is hereby repealed.

      Sec. 4.  Section 3 of chapter 95, Statutes of Nevada 1981, at page 199, is hereby amended to read as follows:

       Sec. 3.  Section 9 of A.B. 142 of the sixty-first session of the legislature is hereby amended to read as follows:

 


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ê1983 Statutes of Nevada, Page 21 (Chapter 15, SB 66)ê

 

      Sec. 9.  NRS 483.470 is hereby amended to read as follows:

      483.470  1.  The department may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

      (a) Has committed an offense for which mandatory revocation of license is required upon conviction;

      (b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

      (c) Is an habitually reckless or negligent driver of a motor vehicle;

      (d) Is an habitual violator of the traffic laws;

      (e) Is physically or mentally incompetent to drive a motor vehicle;

      (f) Has permitted an unlawful or fraudulent use of his license;

      (g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or

      (h) Has failed to comply with the conditions of issuance of a restricted license.

      2.  As used in this section, “traffic violation” means conviction of a moving traffic violation in any municipal court, justice’s court or district court in this state . [, and] The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.

      3.  The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a driver’s license issued by the department.

      4.  The system must be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his driver’s license should not be suspended.

      5.  The system must be uniform in its operation and the department shall set up a system of demerits for each traffic violation, except as provided in subsection 6, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. [In the event of] If a conviction of two or more traffic violations committed on a single occasion [,] is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained.

 


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ê1983 Statutes of Nevada, Page 22 (Chapter 15, SB 66)ê

 

be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.

      6.  A violation of the national maximum speed limit specified in 23 U.S.C. § 154 but not exceeding 70 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.

      7.  When any driver has accumulated three or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails this notice, the driver presents proof to the department that he has successfully completed a traffic safety school course, approved by the department, for the number of hours prescribed by the course, with the approval of the department as constituting a course of instruction, the department shall cancel three demerit points from his driving record . [, pursuant to this subsection; but if] If the driver accumulates 12 or more demerit points before completing the traffic safety school, he will not be entitled to have demerit points canceled upon completion of [such] the course, but must have his license suspended. A person may be allowed to attend only once in 12 months for the purpose of reducing his demerit points. The three demerit points may only be canceled from a driver’s record during the 12-month period immediately following the driver’s successful completion of the traffic safety school.

      8.  Any [three-demerit-point] reduction of three demerit points applies only to the demerit record of the driver and does not affect his driving record with the department or his insurance record.

      9.  When any licensee accumulates 12 or more demerit points the department shall suspend his license until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.

      10.  The director of the department may set up a scale of establishing the demerit value for each traffic violation.

      11.  Upon suspending the license of any person as authorized in this section, the department shall immediately notify him in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within 20 days after receipt of the request in the county wherein he resides unless he and the department agree that the hearing may be held in some other county. The administrator, or his authorized agent, may [administer oaths and may] issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee in connection with the hearing. Upon [such] the hearing the department shall either rescind its order of suspension or, for good cause, extend the suspension of the license or revoke it.

 


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ê1983 Statutes of Nevada, Page 23 (Chapter 15, SB 66)ê

 

hearing the department shall either rescind its order of suspension or, for good cause, extend the suspension of the license or revoke it.

      Sec. 5.  Section 1 of chapter 255, Statutes of Nevada 1981, at page 497, is hereby amended to read as follows:

       Section 1.  NRS 281.390 is hereby amended to read as follows:

       281.390  1.  When any public employee is eligible at the same time for benefits for temporary total disability under chapter 616 or 617 of NRS and for any sick leave benefit [:

       1.  The] , he may, by giving notice to his employer, elect to continue to receive his normal salary instead of the benefits under chapter 616 or 617 of NRS until his accrued sick leave time is exhausted. The employer shall notify the state industrial insurance system of the election. The employer shall continue to pay the employee his normal salary but charge against the employee’s accrued sick leave time as taken during the pay period an amount which represents the difference between his normal salary and the amount of any benefit for temporary total disability received, exclusive of reimbursement or payment of medical or hospital expenses under chapter 616 or 617 of NRS for that pay period.

       2.  When the employee’s accrued sick leave time is exhausted, payment of his normal salary under subsection 1 must be discontined and the employer shall promptly notify the state industrial insurance system so that it may begin paying the benefits to which the employee is entitled directly to the employee.

       3.  An employee who declines to make the election provided in subsection 1, may use all or part of the sick leave benefit normally payable to him while directly receiving benefits for temporary total disability under chapter 616 or 617 of NRS, but the amount of sick leave benefit paid to [such] the employee for any pay period [shall] must not exceed the difference between his [or her] normal salary and the amount of any benefit received, exclusive of reimbursement or payment of medical or hospital expenses under chapter 616 or 617 of NRS for that pay period.

       [2.]4.  If the amount of the employee’s sick leave benefit is reduced pursuant to subsection [1] 3 below the amount normally payable, the amount of sick leave time charged against [such] the employee as taken during that pay period [shall] must be reduced in the same proportion.

       [3.]5.  The public employee may decline to use any or part of the sick leave benefit normally payable to him [or her] while receiving benefits under chapter 616 or 617 of NRS. During [such] that period of time the employee shall be considered on leave of absence without pay.

      Sec. 6.  Section 1 of chapter 321, Statutes of Nevada 1981, at page 580, is hereby amended to read as follows:

       Section 1.  NRS 278.480 is hereby amended to read as follows:

       278.480  1.  Any abutting owner or local government desiring the vacation or abandonment of any street or easement or portion thereof shall file a petition in writing with the governing body having jurisdiction.

 


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ê1983 Statutes of Nevada, Page 24 (Chapter 15, SB 66)ê

 

thereof shall file a petition in writing with the governing body having jurisdiction.

       2.  If there is a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.

       3.  Whenever any street or easement is proposed to be vacated, the governing body shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which date may be not less than 10 days and not more than 40 days subsequent to the date the notice is first published.

       4.  Except as provided in subsection 5, if upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body may make the order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.

       5.  If a utility has an easement over the property, the governing body shall provide in its order for the continuation of that easement.

       6.  The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts [upon the payment required in subsection 7,] to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interest of the city. If the governing body so sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.

       7.  [The abutting property owners shall pay for title to the] If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.

 


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ê1983 Statutes of Nevada, Page 25 (Chapter 15, SB 66)ê

 

offset against any determination of reasonable consideration which did not take into account the public benefit.

       8.  Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.

       9.  In any vacation or abandonment of any street or portion of it, the governing body may reserve and except therefrom any easements, rights or interest therein which the governing body may deem desirable for the use of the city or of any public utility.

      Sec. 7.  Section 3 of chapter 338, Statutes of Nevada 1981, at page 621, is hereby amended to read as follows:

       Sec. 3.  NRS 484.013 is hereby amended to read as follows:

       484.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.015 to 484.217, inclusive, and section 2 of this act, have the [meaning] meanings ascribed to them in [such] those sections.

      Sec. 8.  Section 2 of chapter 379, Statutes of Nevada 1981, at page 688, is hereby amended to read as follows:

       Sec. 2.  NRS 612.375 is hereby amended to read as follows:

       612.375  1.  An unemployed person is eligible to receive benefits with respect to any week only if the executive director finds that:

       [1.](a) He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this [subsection] paragraph for persons attached to regular jobs and [as to such] in other types of cases or situations with respect to which he finds that compliance with [such] those requirements would be oppressive or inconsistent with the purposes of this chapter.

       [2.](b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.

       [3.](c) He is able to work, and is available for work; but no claimant [shall] may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this [subsection] paragraph if [such] his failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable [prior to] before the beginning of [such] the illness and disability. No otherwise eligible person [shall] may be denied benefits for any week in which he is engaged in training approved by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.

       [4.  Except as provided in subsection 5, he] (d) He has within his base period been paid wages from employers equal to or exceeding [one and one-half] 1 1/2 times his total wages for employment by employers during the quarter of his base period in which [such] his total wages were highest; but if a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount [shall] must be $1 less than one twenty-fifth of his high-quarter wages; but no person may receive benefits in a benefit year unless, subsequent to the beginning of the next-preceding benefit year during which he received benefits, he performed service, whether or not in “employment” as defined in this chapter and earned remuneration for [such] that service in an amount equal to not less than [three] 3 times his basic weekly benefit amount as determined for [such] the next-preceding benefit year.

 

 


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ê1983 Statutes of Nevada, Page 26 (Chapter 15, SB 66)ê

 

qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount [shall] must be $1 less than one twenty-fifth of his high-quarter wages; but no person may receive benefits in a benefit year unless, subsequent to the beginning of the next-preceding benefit year during which he received benefits, he performed service, whether or not in “employment” as defined in this chapter and earned remuneration for [such] that service in an amount equal to not less than [three] 3 times his basic weekly benefit amount as determined for [such] the next-preceding benefit year.

       [5.  Any wages which are paid for employment immediately preceding retirement shall not be included as wages in determining the total wages paid during a claimant’s base period.] 2.  For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as provided in subsection 3 the amount payable to the claimant under a plan maintained by a base period employer or an employer whose account is chargeable with benefit payments must:

       (a) Not be reduced by the amount of the pension or other payment if the contributions to the pension or retirement plan were made entirely by the claimant or by the claimant and an employer or other person who is neither a base period employer nor an employer whose account is chargeable with benefit payments;

       (b) Be reduced by half the proportionate weekly amount of the pension or other payment if at least half but less than the entire amount of the contributions to the pension or retirement plan were made by the claimant; or

       (c) Be reduced by the entire proportionate weekly amount of the pension or other payment if neither paragraph (a) or (b) applies.

       3.  The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 2 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimant’s eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974 (or the corresponding provisions of prior law), which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.

      Sec. 9.  Section 13 of chapter 383, Statutes of Nevada 1981, at page 702, is hereby amended to read as follows:

       Sec. 13.  Section 9 of chapter 90, Statutes of Nevada 1981, is hereby amended to read:

      Sec. 9.  NRS 482.36311 is hereby amended to read as follows:

      482.36311  As used in NRS 482.36311 to 482.36425, inclusive, and sections 2 to 11, inclusive, of [this act,] Senate Bill No.

 


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

ê1983 Statutes of Nevada, Page 27 (Chapter 15, SB 66)ê

 

No. 543 of the 61st session of the Nevada legislature, unless the context otherwise requires, the words and terms defined in NRS [482.36317] 482.36319 to 482.36345, inclusive, and section 2 of [this act,] Senate Bill No. 543 of the 61st session of the Nevada legislature, have the meanings ascribed to them in those sections.

      Sec. 10.  1.  Section 30.3 of chapter 427, Statutes of Nevada 1981, at page 811, is hereby amended to read as follows:

      Sec. 30.3  NRS 482.180 is hereby amended to read as follows:

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

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

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

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

      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 [,] for the fiscal year beginning on July 1, 1980, 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 amount the counties in the following percentages:

 

 


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

ê1983 Statutes of Nevada, Page 28 (Chapter 15, SB 66)ê

 

 

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

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

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

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

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

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

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

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

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

 

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

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

      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.

      2.  Chapter 648, Statutes of Nevada 1981, at page 1545, is hereby amended by adding thereto a new section to be designated as section 3.5, which shall immediately follow section 3 and shall read as follows:

      Sec. 3.5.  Section 2 of chapter 122, Statutes of Nevada 1981, at page 242, is hereby amended to read as follows:

      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 agents 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. 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 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

 


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ê1983 Statutes of Nevada, Page 29 (Chapter 15, SB 66)ê

 

pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service. 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.

      3.  Sections 2, 3 and 5 of chapter 648, Statutes of Nevada 1981, at pages 1545, 1547 and 1548, respectively, are hereby amended to read respectively as follows:

      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.

 


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

ê1983 Statutes of Nevada, Page 30 (Chapter 15, SB 66)ê

 

back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

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

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

      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 , including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978 [.] , but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service. 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.

 

 


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ê1983 Statutes of Nevada, Page 31 (Chapter 15, SB 66)ê

 

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

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

      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.  Section 30.3 of Senate Bill No. 69 of the 61st session of the Nevada legislature is hereby amended to read as follows:

      Sec. 30.3  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 tax collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in subsection 5.

      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. 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 [,] for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service. 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.

 


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ê1983 Statutes of Nevada, Page 32 (Chapter 15, SB 66)ê

 

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 amount the counties in the following percentages:

 

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

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

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

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

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

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

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

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

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

 

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

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

      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. 5.  1.  This section and sections 3, 3.5 and 4 of this act shall become effective upon passage and approval.

      2.  Section 4 of this act shall have retroactive effect to and including April 30, 1981.

      3.  Section 1 of this act shall become effective on July 1, 1981.

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

      Sec. 11.  Section 39 of chapter 457, Statutes of Nevada 1981, at page 888, is hereby amended to read as follows:

       Sec. 39.  NRS 444.490 is hereby amended to read as follows:

       444.490  “Solid waste” means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste . [and hazardous waste, including explosives, pathological waste, chemical waste, and herbicide or pesticide waste.] The term does not include hazardous waste managed pursuant to sections 2 to 35, inclusive, of this act.

      Sec. 12.  1.  Sections 27, 28, 29, 30 and 31 of chapter 482, Statutes of Nevada 1981, at pages 955 and 956, respectively, are hereby amended to read respectively as follows:

 


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

ê1983 Statutes of Nevada, Page 33 (Chapter 15, SB 66)ê

 

       Sec. 27.  Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 31.5 and 31.6 of this act.

       Sec. 28.  NRS 271.536 is hereby amended to read as follows:

       271.536  Where the cost of an improvement to be defrayed by special assessment does not exceed $150,000, the governing body may advance money to cover the cost of the improvement from the general fund of the municipality , in lieu of issuing bonds [.] or interim securities.

       Sec. 29.  NRS 271.537 is hereby amended to read as follows:

       271.537  No special assessment to defray the cost of any improvement for which money is advanced from the general fund of the municipality [, pursuant to NRS 271.536,] may be divided into more than 10 annual installments.

       Sec. 30.  NRS 271.538 is hereby amended to read as follows:

       271.538  If there is not sufficient money in the general fund of the municipality and if the requirements of chapter 354 of NRS , with respect to short-term financing , are met, money may be provided by short-term financing to cover the cost of an improvement made pursuant to NRS 271.536. In such [a] case, the loan must be repaid from the special assessments made, in lieu of the special tax required by chapter 354 of NRS.

       Sec. 31.  NRS 271.539 is hereby amended to read as follows:

       271.539  1.  The governing body may authorize an improvement, the cost of which will be defrayed pursuant to NRS 271.536 to 271.538, inclusive, if:

       (a) Owners of at least two-thirds of the tracts to be assessed consent to the improvement;

       (b) The owners of tracts to be assessed which represent at least two-thirds of the total amount of the assessment consent to the improvement; and

       (c) The governing body holds a hearing and levies the assessment in the manner provided in NRS 271.380 to [271.470,] 271.395, inclusive.

       2.  The consent required pursuant to subsection 1 must be solicited by the governing body by sending to the owner of each tract to be assessed, by certified mail, documents containing:

       (a) A description of the proposed improvement and its expected cost.

       (b) The costs to be assessed against the owner to whom the document is addressed.

       (c) A form to be signed by the property owner if he desires to consent to the improvement.

      2.  Sections 31.6 and 40.5 of chapter 482, Statutes of Nevada 1981, at pages 956 and 962, respectively, are hereby amended to read respectively as follows:

       Sec. 31.6.  1.  When all outstanding bonds, principal, interest and prior redemption premiums, if any, of such a district have been paid and any surplus amounts remain in the fund established pursuant to NRS 271.490 to the credit of the district, the surplus after the payment of valid claims for refund, if any, must be transferred to a surplus and deficiency fund.

 


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

ê1983 Statutes of Nevada, Page 34 (Chapter 15, SB 66)ê

 

been paid and any surplus amounts remain in the fund established pursuant to NRS 271.490 to the credit of the district, the surplus after the payment of valid claims for refund, if any, must be transferred to a surplus and deficiency fund. The governing body may, at any time, by resolution or by ordinance, authorize the deposit of any money otherwise available to the surplus and deficiency fund.

       2.  Whenever there is a deficiency in any fund established pursuant to NRS 271.490 for the payment of the bonds and interest thereon for any improvement district created pursuant to NRS 271.325 or former NRS 244A.193 or 318.070, the deficiency must first be paid out of the surplus and deficiency fund to the extent of the money available therein before any payment is made out of the general fund of the municipality as provided by NRS 271.495.

       3.  Amounts in the surplus and deficiency fund which exceed 10 percent of the principal amount of outstanding bonds of the municipality for all improvement districts created pursuant to NRS 271.490 or former NRS 244A.193 or 318.070 at the end of each fiscal year may be used:

       (a) To make up deficiencies in any assessment which proves insufficient to pay for the cost of the project or work for which the assessment has been levied.

       (b) To advance amounts for the cost of any project or work in any district created pursuant to any of these sections.

       (c) To provide for the payment of assessments levied against, or attributable to, property owned by the municipality or the Federal Government.

       4.  At the end of each fiscal year any excess amount described in subsection 3 may be transferred to the general fund of the municipality as the governing body may direct by resolution.

       Sec. 40.5.  NRS 403.210 is hereby amended to read as follows:

       403.210  [1.]  For the purpose of creating a fund in each of the several counties of the State of Nevada, to be known as the county road and bridge fund, and to be used in the construction, repairing and maintaining of county roads and bridges, and the purchasing of machinery and implements necessary in such work, the boards of county commissioners of the several counties, each acting in and for its respective county, [are authorized, empowered and required,] shall, within 90 days after the people of the county [shall] have authorized the issuance of such bonds, [to] prepare and issue bonds as general obligations of the county in an amount not to exceed the equivalent of 3 percent of the total taxable value of the real and personal property of the county, as shown by the last report of the county assessor, [such amount to be] exclusive of interest.

       [2.  The question of issuance of the bonds shall be submitted to the people of the county at an election, and the duly qualified electors shall authorize the issuance of the same by a majority vote.]

 


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      3.  Chapter 482, Statutes of Nevada 1981, at page 942, is hereby amended by adding thereto a new section to be designated as section 79, which shall immediately follow section 78 and shall read as follows:

       Sec. 79.  Sections 13.4 and 13.6 of this act shall become effective upon passage and approval.

      Sec. 13.  Sections 22 and 30 of chapter 489, Statutes of Nevada 1981, at pages 1002 and 1004, respectively, are hereby amended to read respectively as follows:

       Sec. 22.  Chapter 380 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.

       Sec. 30.  NRS 380.190 is hereby amended to read as follows:

       380.190  1.  Whenever the board of county commissioners of any county in which a law library has been established pursuant to the provisions of this chapter [shall desire] desires to discontinue [such] the law library, the board of county commissioners shall discontinue the law library by the enactment of an ordinance. The ordinance [shall] must provide for:

       (a) The discontinuance of the law library.

       (b) The transfer of the law library books to the chambers of the district judge or judges of the county [.] or to other appropriate locations in the county.

       (c) The keeping thereafter of such books in the judges’ chambers [.] or other locations.

       (d) The transfer of all [moneys] money in the law library fund to the county school district fund.

       (e) The abolishment of the offices of law library trustees, if any.

       2.  After such an ordinance [shall take] takes effect, the county clerk shall not set aside the fees provided for in NRS 380.110.

       3.  The discontinuance of a law library does not alter the duty of the board of county commissioners to provide, at a publicly accessible location, all legal books and materials which the state librarian has determined, pursuant to section 23 of this act, should be available in every county.

      Sec. 14.  1.  Section 34 of chapter 528, Statutes of Nevada 1981, at page 1084, is hereby amended to read as follows:

       Sec. 34.  NRS 463.335 is hereby amended to read as follows:

       463.335  1.  [As used in this section:

       (a) “Gaming employee” means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a horse race book, sports pool or pari-mutuel wagering, including:

             (1) Boxmen;

             (2) Cashiers;

             (3) Change personnel;

             (4) Counting room personnel;

             (5) Dealers;

             (6) Floormen;

             (7) Hosts or other persons empowered to extend credit or complimentary services;

 


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             (8) Keno runners;

             (9) Keno writers;

             (10) Machine mechanics;

             (11) Odds makers and line setters;

             (12) Security personnel;

             (13) Shift or pit bosses;

             (14) Shills;

             (15) Supervisors or managers; and

             (16) Ticket writers.

“Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.

       (b) “Temporary work permit” means a work permit which is valid only for a period not to exceed 90 days from its date of issue and is not renewable.

       (c) “Work permit” means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.

       2.]  The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.130, it is necessary that the board:

       (a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and

       (b) Maintain confidential records of such information.

       [3.]2.  No person may be employed as a gaming employee unless he is the holder of:

       (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or

       (b) A work permit issued by the board, if a work permit is not required by either the county or the city.

A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.

       [4.]3.  Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made, shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.

 


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ê1983 Statutes of Nevada, Page 37 (Chapter 15, SB 66)ê

 

obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.

       [5.]4.  If the board, within the 90-day period, notifies:

       (a) The county or city licensing authority; and

       (b) The applicant,

that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.

       [6.]5.  Application for a work permit, valid whenever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.

       [7.]6.  Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure to apply for a hearing within [the 60-day period] 60 days shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 30 days after the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. The board may object to issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:

       (a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;

       (b) Knowingly failed to comply with the provisions of the chapter or chapters [463,] 463B, 464 or 465 of NRS or the regulations of the [Nevada gaming] commission at a place of previous employment;

       (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny against his employer or any gaming licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;

       (d) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

 


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ê1983 Statutes of Nevada, Page 38 (Chapter 15, SB 66)ê

 

       (e) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

       (f) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.

       [8.]7.  Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the board’s decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315.

       [9.]8.  All records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.

       [10.]9.  A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for [a period of] more than 90 days.

      2.  Sections 61 and 62 of chapter 528, Statutes of Nevada 1981, at page 1103, are hereby amended to read respectively as follows:

       Sec. 61.  (Deleted by amendment.)

       Sec. 62.  (Deleted by amendment.)

      Sec. 15.  Section 6 of chapter 542, Statutes of Nevada 1981, at page 1143, is hereby amended to read as follows:

       Sec. 6.  1.  The governor shall appoint the director in the unclassified service of the state pursuant to chapter 284 of NRS. In selecting the director, the governor shall consider recommendations of the personnel division of the department of general services relating to minimum qualifications.

       2.  The director:

       (a) Serves at the pleasure of the governor and is responsible to him.

       (b) Is entitled to reimbursement for travel expenses and subsistence as provided by law for state officers and employees.

       (c) Shall not engage in any other gainful employment or occupation.

      Sec. 16.  Sections 4 and 7 of chapter 546, Statutes of Nevada 1981, at page 1159, are hereby amended to read as follows:

 


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ê1983 Statutes of Nevada, Page 39 (Chapter 15, SB 66)ê

 

       Sec. 4.  NRS 281.123 is hereby amended to read as follows:

       281.123  1.  Except as provided in subsection 2 of this section and in NRS 281.1233 , [and 281.1235,] or authorized by statute referring specially to that position, the salary of a person employed by the [State of Nevada] state or any agency of the state must not exceed 95 percent of the salary for the office of governor during the same period.

       2.  The provisions of subsection 1 do not apply to the salaries of:

       (a) Dentists and physicians employed full time by the state; or

       (b) Officers and employees of the University of Nevada.

       Sec. 7.  1.  Section 4 of this act shall become effective at 12:02 a.m. on July 1, 1981.

       2.  Sections 2, 3 and 6 of this act shall become effective on January 1, 1983.

      Sec. 17.  Sections 1 and 2 of chapter 567, Statutes of Nevada 1981, at pages 1210 and 1212, respectively, are hereby amended to read respectively as follows:

       Section 1.  NRS 453.336 is hereby amended to read as follows:

       453.336  1.  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician, dentist, podiatrist or veterinarian while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.551, inclusive.

       2.  Except as provided in subsections 3 and 4, any person who violates this section shall be punished:

       (a) For the first offense, if the controlled substance is listed in schedule I, II, III or IV, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

       (b) For a second offense, if the controlled substance is listed in schedule I, II, III or IV, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

       (c) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $20,000.

       (d) For the first offense, if the controlled substance is listed in schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

 


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ê1983 Statutes of Nevada, Page 40 (Chapter 15, SB 66)ê

 

schedule V, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

       (e) For a second or subsequent offense, if the controlled substance is listed in schedule V, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

       3.  Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

       (a) For the first offense:

             (1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or

             (2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his driver’s license suspended for not more than 6 months.

       (b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.

       (c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.

       4.  Before sentencing under the provisions of subsection 3, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall : [do the following:]

       (a) Interview the person convicted and make a determination as to the possibility of his rehabilitation; and

       (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.

       5.  Three years after the person has been convicted and sentenced under the provisions of subsection 3, the court may order sealed all records, papers and exhibits in such person’s record, minute book entries and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the court’s order, if:

       (a) The person fulfilled all the terms and conditions imposed by the court and by the parole and probation officer; and

       (b) The court, after hearing, is satisfied that the rehabilitation has been attained.

       6.  Whenever any person who has not previously been convicted of any offense under the provisions of NRS 453.011 to 453.551, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs pleads guilty to or is found guilty under this section of possession of a controlled substance not for the purpose of sale, the court, [without entering a judgment of guilt and] with the consent of the accused, may [defer further proceedings] impose sentence, including a fine, suspend imprisonment, seal the record and place him on probation upon terms and conditions.

 


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not for the purpose of sale, the court, [without entering a judgment of guilt and] with the consent of the accused, may [defer further proceedings] impose sentence, including a fine, suspend imprisonment, seal the record and place him on probation upon terms and conditions.

       7.  [Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him.

       8.  Discharge and dismissal under this section shall be without adjudication of guilty and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for a second or subsequent convictions under the provisions of NRS 453.011 ot 453.551, inclusive.] The record of a person sentenced under subsection 6 which has been sealed by the court may remain sealed until:

       (a) The defendant fulfills all of the terms and conditions imposed by the court and by his probation officer, when the record may be expunged; or

       (b) His probation is revoked and the sentence is executed.

       [9.]8.  There may be only one [discharge and dismissal under this section] suspension of sentence under subsection 6 with respect to any person.

       Sec. 2.  Section 1 of this act shall become effective at 12:02 a.m. on July 1, 1981.

      Sec. 18.  Section 2 of chapter 601, Statutes of Nevada 1981, at page 1314, is hereby amended to read as follows:

       Sec. 2.  NRS 673.050 is hereby amended to read as follows:

       673.050  [Nothing in this chapter prevents an association or] A person affected by any order, ruling, proceeding, act or action of the commissioner or any person acting on his behalf and at his instance, or the director or any person acting on his behalf and at his instance, [from testing] may test the validity of the action in any court of competent jurisdiction through injunction, appeal error or other proper process or proceeding, mandatory or otherwise.

      Sec. 19.  Sections 10 and 11 of chapter 604, Statutes of Nevada 1981, at page 1323, are hereby amended to read respectively as follows:

       Sec. 10.  A person who sells insurance for home protection on behalf of an insurer who issues policies of casualty insurance or insurance for home protection is exempted from the provisions of chapter 683A of NRS which require him to be licensed as an agent, broker or solicitor if:

       1.  His sales activity is conducted pursuant to a written contract with the insurer which regulates his activity.

       2.  He holds a valid broker’s, broker-salesman’s or salesman’s license issued pursuant to chapter 645 of NRS.

 


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       Sec. 11.  1.  Except as provided in subsection 2 and sections 3 to 10, inclusive, of this act, insurance for home protection is subject to all applicable provisions of this code.

       2.  The provisions of chapters 687A and 692C of NRS do not apply to insurance for home protection.

      Sec. 20.  Section 9 of chapter 611, Statutes of Nevada 1981, at page 1336, is hereby amended to read as follows:

       Sec. 9.  In any proceeding resulting from a report made or action taken pursuant to sections 3 to 11, inclusive, of this act or in any other proceeding, the report or its contents or any other fact related thereto or to the condition of the older person who is the subject of the report may not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.

      Sec. 21.  1.  Section 1 of chapter 615, Statutes of Nevada 1981, at page 1339, is hereby amended to read as follows:

       Section 1.  NRS 634.060 is hereby amended to read as follows:

       634.060  1.  [It] Except as provided in section 1.5 of this act, it is unlawful for any person who does not hold a license issued pursuant to this chapter to:

       (a) Practice chiropractic in this state.

       (b) Hold himself out as a chiropractor.

       (c) Use any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation.

       (d) Use any means which directly or indirectly conveys to another person the impression that he is qualified or licensed to practice chiropractic.

       2.  Any person violating the provisions of this section is guilty of a gross misdemeanor.

      2.  Chapter 615, Statutes of Nevada 1981, at page 1339, is hereby amended by adding thereto two new sections to be designated as sections 1.5 and 6, respectively, which shall immediately follow sections 1 and 5, respectively, and shall read respectively as follows:

       Sec. 1.5.  Chapter 634 of NRS is hereby amended by adding thereto a new section which shall read as follows:

       An applicant for a license to practice chiropractic who has the qualifications prescribed in NRS 634.090 may, while waiting to take the board’s examination but for no longer than 2 years, perform chiropractic, but not including manipulation, under the direct supervision of a chiropractor who is professionally and legally responsible for the applicant’s performance.

       Sec. 6.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.

      Sec. 22.  Section 14.3 of chapter 620, Statutes of Nevada 1981, at page 1350, is hereby amended to read as follows:

       Sec. 14.3  NRS 644.080 is hereby amended to read as follows:

       644.080  The board [shall:

       1.  Prescribe] :

 


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ê1983 Statutes of Nevada, Page 43 (Chapter 15, SB 66)ê

 

       1.  Shall prescribe the duties of its officers, examiners and employees, and fix the compensation of [such] those employees.

       2.  [Have the authority to] May establish offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter. All records and files of the board [shall] must be kept at the main office of the board and [shall, at all reasonable hours,] be open to public inspection [.] at all reasonable hours.

       3.  [Adopt] May adopt a seal.

       4.  May issue subpenas to compel the attendance of witnesses and the production of books and papers.

      Sec. 23.  Section 7 of chapter 626, Statutes of Nevada 1981, at page 1371, is hereby amended to read as follows:

       Sec. 7.  NRS 218.210 is hereby amended to read as follows:

       218.210  1.  Each senator elected before November [7, 1978,] 2, 1982, or appointed to succeed a senator elected before November [7, 1978,] 2, 1982, is entitled to receive as compensation [$60] $80 per day for each day of service:

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

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

       2.  Each senator and assemblyman elected on or after November [7, 1978,] 2, 1982, or appointed to succeed a senator or assemblyman elected on or after November [7, 1978,] 2, 1982, is entitled to receive as compensation [$80] $104 per day for each day of service:

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

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

      Sec. 24.  1.  Sections 35, 41 and 52 of chapter 637, Statutes of Nevada 1981, at pages 1413, 1415 and 1418, respectively, are hereby amended to read respectively as follows:

       Sec. 35.  NRS 309.180 is hereby amended to read as follows:

       309.180  1.  The bonds authorized by vote must be designated as a series, and the series must be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time must be designated as an issue and each issue must be numbered in its order.

 


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must be numbered in its order. The bonds of such issue must be numbered consecutively commencing with those earliest falling due. They must be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons must be attached thereto, and all bonds and coupons must be dated on January 1 or July 1 next following the date of their authorization, and they must bear interest at [the rate of not to exceed 9 percent per annum,] a rate which does not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually on January 1 and July 1, of each year. The principal and interest must be payable at the place designated therein. Each bond must be of a denomination of not less than $100 nor more than $1,000, and must be signed by the president and secretary, and the seal of the district affixed thereto. Coupons attached to each bond must be signed by the secretary. The bonds must express on their face that they were issued by the authority of this chapter, naming it, and must also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.

       2.  In case the money raised by the sale of all the bonds is insufficient for the completion of the plans and works adopted, and additional bonds are not voted, the board of directors shall provide for the completion of the plan by levy or assessment therefor; but when the money obtained by any previous issue of bonds has become exhausted by expenditures authorized by this chapter, and it becomes necessary to raise additional [moneys] money to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose . [, which] The election must be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue of bonds.

       3.  The lien for taxes for the payment of interest and principal of any bond series [must be] is a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to vote by the electors of the district at the election authorizing the bonds.

       Sec. 41.  NRS 354.440 is hereby amended to read as follows:

       354.440  1.  Whenever any governing [board] body of any local government is authorized to enter into short-term financing as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.

       2.  The negotiable notes or bonds [shall:] must:

       (a) Mature not later than 5 years [from] after the date of issuance.

       (b) Bear interest [not to exceed 9 percent per annum.] at a rate or rates which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

 


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or rates which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

       (c) Be redeemable at the option of [such] the local government at any time when money is available in the special tax fund provided for in NRS 354.460 [.] , upon such terms as the governing body determines.

       Sec. 52.  NRS 539.375 is hereby amended to read as follows:

       539.375  1.  The board of directors of the district may:

       (a) Incur an indebtedness not exceeding, in the aggregate, the sum of $1,500, and not exceeding the estimated cost of preliminary surveys and engineering data; and

       (b) Cause warrants of the district to issue therefor, bearing interest at [not exceeding 9 percent per annum.] a rate or rates which do not exceed by more than 3 percent the Dow Jones Municipal Bond Index which was most recently published before the bids are received or a negotiated offer is accepted.

       2.  The directors of the district [shall have the power to] may levy an assessment on all the lands in [such] a division benefited by such proposed improvements, in addition to any district assessment on the lands within [such] the division, for the payment of [such] the expenses and the redemption of [such] the warrants.

      2.  Section 3 of chapter 757, Statutes of Nevada 1981, at page 1930, is hereby amended to read as follows:

       Sec. 3.  Section 39.5 of Assembly Bill No. 167 of the 61st session of the Nevada legislature is hereby amended to read as follow:

       (Deleted by amendment.)

      Sec. 25.  1.  Sections 1, 8.5, 9, 15 and 41 of chapter 641, Statutes of Nevada 1981, at pages 1434, 1436, 1437 and 1449, respectively, are hereby amended to read respectively as follows:

       Section 1.  Section 2 of chapter 103, Statutes of Nevada 1981, is hereby amended to 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.

      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] commission except after approval of the application by the [administrator of that division. The administrator] commission. The commission 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. 8.5  Section 1 of Senate Bill No. 696 of the 61st session of the Nevada legislature is hereby amended to read as follows:

 


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ê1983 Statutes of Nevada, Page 46 (Chapter 15, SB 66)ê

 

      Section 1.  NRS 538.061 is hereby amended to read as follows:

      538.061  1.  The governor shall appoint four members to the commission who [:

      (a) Are] are residents of this state and of a county served by the commission [.

      (b) Have a general knowledge of the] and one member to represent the state at large who is a resident of this state and of a county whose residents do not receive electrical power which is generated with water from the Colorado River or its tributaries.

      2.  All members must have a general knowledge of:

      (a) The development of the Colorado River and its tributaries within this state [.

      (c) Have general knowledge of the] ; and

      (b) The rights of this state concerning the resources and benefits of the Colorado River.

      [2.]3.  Not more than three commissioners may be of the same major political affiliation.

       Sec. 9  NRS 538.101 is herby amended to read as follows:

       538.101  1.  While engaged in official business of the commission, each commissioner and employee of the commission is entitled to receive $60 per day as compensation and the per diem expense allowance and travel expenses provided by law.

       2.  The [administrator] director shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall [file them with the state board of examiners for its action. Such] submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River [resources] commission fund.

       3.  The commission shall provide its members with industrial insurance through the Nevada industrial commission and shall budget and pay for the premiums for that insurance.

       Sec. 15.  NRS 538.161 is hereby amended to read as follows:

       538.161  The [administrator] commission shall:

       1.  Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to [the State of Nevada.] this state.

       2.  Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of facilities for the generation and transmission of electricity, both within and outside [the State of] Nevada, for the greatest possible benefit to [the State of Nevada,] this state, and present such contracts, leases or agreements [through the director] to the governor for his information and approval. The [administrator] commission may contract for the supply of electric energy to any corporation or cooperative created under the laws of [the State of Nevada] this state that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in [the State of] Nevada.

 


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ê1983 Statutes of Nevada, Page 47 (Chapter 15, SB 66)ê

 

that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in [the State of] Nevada. If such a corporation or cooperative so requests, the [administrator] commission may contract to supply electric energy directly for the corporation or cooperative.

       3.  Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.

       4.  Render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.

       5.  Render friendly cooperation to, negotiate with and invite industries to locate within [the State of] Nevada.

       6.  Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.

       7.  Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally . [, which] The agreements, compacts or treaties [, however, will not become] are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.

       8.  Report [through the director] to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.

       9.  Cooperate with other states or federal agencies to establish, conduct and maintain power, water and irrigation projects.

       Sec. 41.  1.  This section and sections 8.5, 8.7, 28.5 and 40 of this act shall become effective upon passage and approval.

       2.  Sections 1, 9, 14, 15 to 18, inclusive, 20, 21 and 24 of this act shall become effective at 12:01 a.m. on July 1, 1981.

       3.  Section 39 of this act shall become effective at 12:04 a.m. on July 1, 1981.

      2.  Chapter 641, Statutes of Nevada 1981, at page 1434, is hereby amended by adding thereto a new section to be designated as section 28.5, which shall immediately follow section 28 and shall read as follows:

       Sec. 28.5.  Section 297 of chapter 642, Statutes of Nevada 1981, at page 1522, is hereby amended to read as follows:

 


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ê1983 Statutes of Nevada, Page 48 (Chapter 15, SB 66)ê

 

      Sec. 297.  NRS 321.450 is hereby amended to read as follows:

      321.450  1.  The commission, with the advice of the advisory group, and the board of county commissioners of Clark County may undertake such engineering and planning studies and surveys and take such other action as may be necessary for the development of Eldorado Valley.

      2.  The commission, with the concurrence of the legislative commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures adopted by it.

      3.  Unless another proposal is pending as described in subsection 4, the board of county commissioners of Clark County may at any time propose to purchase part or all of the land described in subsection 2 of NRS 321.410. If the proposal is rejected by the commission, the board of county commissioners may request a hearing on the matter before the legislative commission.

      4.  The commission shall notify the board of county commissioners of Clark County of any proposal made by a person who appears to be ready, willing and able to purchase any of the land described in subsection 2 of NRS 321.410. The board may, within 60 days, comment on the proposal or make an offer to purchase any of the land. The commission shall submit the proposal or proposals to the legislative commission for its concurrence.

      5.  Sale of land to any purchaser must be made pursuant to the terms and conditions established by federal law or by the Secretary of the Interior, and the price must include a sum sufficient to reimburse the state for all its actual costs.

      6.  The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of lands described in NRS 321.410. Any such relinquishment must be made by written instrument, be approved by the attorney general, and be forwarded to the Secretary of the Interior.

      7.  The commission shall provide the members of the advisory group with industrial insurance through the [Nevada industrial commission.] state industrial insurance system and shall budget and pay for the premiums for that insurance.

      Sec. 26.  1.  Chapter 642, Statutes of Nevada 1981, at page 1449, is hereby amended by adding thereto a new section to be designated section 101.5, which shall immediately follow section 101 and shall read as follows:

       Sec. 101.5.  The section added to chapter 616 of NRS by section 1 of chapter 495, Statutes of Nevada 1981, at page 1016, is hereby amended to read as follows:

      Section 1.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

 


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ê1983 Statutes of Nevada, Page 49 (Chapter 15, SB 66)ê

 

      Persons other than students who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of this chapter, while engaging in such volunteer work, may be deemed by the [commission,] department, for purposes of this chapter, as employees of the public agency at a wage of $100 per month and are entitled to the benefits of this chapter when the public agency complies with the provisions of this chapter and the regulations adopted under it.

      2.  Sections 107, 146, 147, 187 and 228 of chapter 642, Statutes of Nevada 1981, at pages 1458, 1471, 1489 and 1504, respectively, are hereby amended to read respectively as follows:

       Sec. 107.  NRS 616.195 is hereby amended to read as follows:

       616.195  1.  Upon written approval of [all three commissioners the commission] the administrator, the insurer may destroy accumulated and noncurrent detail records such as payroll reports, checks, claims, and other records of similar importance for the period July 1, 1913, to January 1, 1947, if:

       (a) Claims from January 1, 1940, and after are first microphotographed; and

       (b) A brief inventory of the destroyed records is retained.

       2.  The [commission] insurer may dispose of or destroy any record which has been microphotographed or filmed if the procedure required by NRS 239.050 has been followed.

       3.  The principal records, such as the general and regular journals [,] and the general ledgers, [and minutes of the commission shall not be destroyed but shall] must be retained intact for the period from January 1, 1913.

       Sec. 146.  NRS 616.355 is hereby amended to read as follows:

       616.355  Any physician, having attended an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians. These fees must be paid by the system or the self-insured employer. Information gained by the attending physician while in attendance on the injured employee is not a privileged communication if required by an appeals officer for a proper understanding of the case and a determination of the rights involved.

       Sec. 147.  NRS 616.360 is hereby amended to read as follows:

       616.360  1.  Whenever any accident occurs to any employee, he shall forthwith report the accident and the injury resulting therefrom to his employer.

       2.  When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician in order to ascertain the character and extent of the injury and render medical attention which is required immediately.

 


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ê1983 Statutes of Nevada, Page 50 (Chapter 15, SB 66)ê

 

the employee may request, an examination by a physician in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer may furnish the names, addresses and telephone numbers of one or more physicians, but may not require the employee to select any particular physician. Thereupon, the examining physician shall report forthwith to the employer and to the [commission] insurer the character and extent of the injury.

       3.  Further medical attention, except as otherwise provided in NRS 616.415, must be authorized by the [commission or the employer, if the employer is self-insured.] insurer.

       4.  This section does not prohibit an employer from requiring the employee to submit to an examination by a physician specified by the employer at any convenient time after medical attention which is required immediately has been completed.

       Sec. 187.  NRS 616.530 is hereby amended to read as follows:

       616.530  1.  If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation for the injury or death from his employer, the act of commencing such action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this state.

       2.  If the injured employee, his personal or legal representatives, dependents or next of kin recover a final judgment against the employer for damages arising out of the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this state, up to the full amount thereof, but less any sums previously paid for the injury or death, must be applied in satisfaction of the judgment as follows:

       (a) Upon receipt of an authenticated copy of the final judgment and writ of execution or other process issued in aid thereof, the [commission or the self-insured employer] insurer shall forthwith determine the total amount of compensation which would have been payable under the laws of this state had claim therefor been made to the [commission or the self-insured employer.] insurer. In the case of compensation payable in installments, the [commission or the self-insured employer] insurer shall convert it into a lump sum amount by such system of computation as the [commission or the commissioner of insurance if the employer is self-insured,] administrator deems proper.

       (b) The [commission or the self-insured employer] insurer shall thereupon order to be paid in full or partial satisfaction of the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is the lesser.

 


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ê1983 Statutes of Nevada, Page 51 (Chapter 15, SB 66)ê

 

       (c) Except for a self-insured employer, if the judgment is satisfied fully by the employer before any payment by the [commission] system pursuant to paragraph (b), the amount payable thereunder must be paid to the employer.

       Sec. 228.  NRS 617.390 is hereby amended to read as follows:

       617.390  1.  Compensation may be awarded for both injury and disease.

       2.  If an employee claims to be suffering from both an occupational disease and an injury, the [commission or self-insured employer] insurer shall determine whether the disease or the injury or both, are related to the disability and shall order payment of compensation from the proper funds.

       3.  Compensation awarded for both injury and disease must not exceed the amount payable for the total percentage of disability.

      3.  Chapter 642, Statutes of Nevada 1981, at page 1449, is hereby amended by adding thereto four new sections to be designated as sections 228.5, 266.5, 271.3 and 271.5, respectively, which shall immediately follow sections 228, 266 and 271, respectively, and shall read respectively as follows:

       Sec. 228.5.  The section added to chapter 617 of NRS by section 4 of chapter 438, Statutes of Nevada 1981, at page 850, is hereby amended to read as follows:

      Sec. 4.  1.  The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the most recent publication of the American Medical Association entitled “Guides to the Evaluation of Permanent Impairment.”

      2.  If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with “Guides to the Evaluation of Permanent Impairment.”

       Sec. 266.5  NRS 618.555 is hereby amended to read as follows:

       618.555  If the [director] administrator arbitrarily or capriciously fails to seek relief under NRS 618.545, any employee who may be injured by reason of such failure, or the representative of such employees may bring an action against the [director] administrator in the district court for the district in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate.

 


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ê1983 Statutes of Nevada, Page 52 (Chapter 15, SB 66)ê

 

the employer has its principal office, for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate.

       Sec. 271.3  NRS 618.665 is hereby amended to read as follows:

       618.665  Any employer who willfully refuses to submit his records for inspection, as provided by NRS 618.325, to the [director] administrator or his representative shall be assessed an administrative fine of $100 for each offense.

       Sec. 271.5.  NRS 618.695 is hereby amended to read as follows:

       618.695  1.  Any person who gives advance notice of any workplace inspection to be conducted under this chapter, without authority from the [director] administrator shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or by both fine and imprisonment.

       2.  This section does not prohibit any employer from requesting consultative services at the workplace.

      4.  Sections 282 and 306 of chapter 642, Statutes of Nevada 1981, at pages 1518 and 1522, respectively, are hereby amended to read respectively as follows:

       Sec. 282.  The director:

       1.  Is appointed by, is responsible to and serves at the pleasure of the governor.

       2.  Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.

       3.  Is entitled to receive an annual salary of $38,231 and the travel expenses and subsistence allowances fixed by law for state officers and employees.

       4.  Must not engage in any other gainful employment or occupation.

       5.  Must have responsible administrative experience in public or business administration or possess broad management skills in areas related to the functions of the department.

       6.  Must have the demonstrated ability to administer a major public agency in the field of industrial relations which has diverse functional divisions with related goals. His knowledge and abilities must include:

       (a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to the subject matters under his administrative direction;

       (b) An administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields; and

       (c) An ability to organize and present oral and written communication to the governor, the legislature, and other pertinent officials or persons.

       7.  Possess a background which indicates that he can impartially serve the interests of both employees and employers.

 


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ê1983 Statutes of Nevada, Page 53 (Chapter 15, SB 66)ê

 

       Sec. 306.  NRS 353.210 is hereby amended to read as follows:

       353.210  1.  Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

       2.  The expenditure estimates must be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state funds or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

       3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system, the [Nevada industrial commission] state industrial insurance system, the state “MX” missile board with respect to money allocated for use by the state or any of its agencies, and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      5.  Chapter 642, Statutes of Nevada 1981, at page 1449, is hereby amended by adding thereto a new section to be designated as section 337.5, which shall immediately follow section 337 and shall read as follows:

       Sec. 337.5.  NRS 538.101 is hereby amended to read as follows:

 


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ê1983 Statutes of Nevada, Page 54 (Chapter 15, SB 66)ê

 

       538.101  1.  While engaged in official business of the commission, each commissioner and employee of the commission is entitled to receive $60 per day as compensation and the per diem expense allowance and travel expenses provided by law.

       2.  The director shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River commission fund.

       3.  The commission shall provide its members with industrial insurance through the [Nevada industrial commission] state industrial insurance system and shall budget and pay for the premiums for that insurance.

      Sec. 27.  Section 7 of chapter 650, Statutes of Nevada 1981, at page 1552, is hereby amended to read as follows:

       Sec. 7.  NRS 482.369 is herby amended to read as follows:

       482.369  In providing the distinguishing plates to be issued pursuant to NRS 482.368, the director shall:

       1.  Select combinations of letters and numbers which are not confusingly similar to the combinations prescribed by NRS 482.270, [482.273 and] 482.274 [.] and section 2 of this act.

       2.  Employ letters and numbers of the same size as are used on license plates issued pursuant to NRS 482.270, [482.273 and] 482.274 [.] and section 2 of this act.

      Sec. 28.  Section 5 of chapter 665, Statutes of Nevada 1981, at page 1585, is hereby amended to read as follows:

       Sec. 5.  NRS 178.484 is hereby amended to read as follows:

       178.484  1.  A person arrested for an offense other than murder of the first degree shall be admitted to bail.

       2.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

       [3.  Where a person with no prior conviction for any offense is charged with a misdemeanor he may be released without bail at the discretion of the sheriff or chief of police or his designated deputy, pursuant to guidelines established by a court of competent jurisdiction, by filing an agreement to appear at the time and place specified in such agreement.]

      Sec. 29.  Sections 3 and 9 of chapter 666, Statutes of Nevada 1981, at pages 1588 and 1589, respectively, are hereby amended to read respectively as follows:

       Sec. 3.  NRS 477.020 is hereby amended to read as follows:

       477.020  1.  The state [fire marshal’s advisory board, consisting of five] board of fire services, consisting of seven members appointed by the governor, is hereby created.

       2.  The governor shall appoint:

       (a) A licensed architect;

 


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ê1983 Statutes of Nevada, Page 55 (Chapter 15, SB 66)ê

 

       (b) A chief of a volunteer fire department;

       (c) A chief of a full-time, paid fire department;

       (d) A professional engineer; [and]

       (e) The state forester firewarden [,] ;

       (f) A training officer of a volunteer fire department; and

       (g) A training officer of a partially or fully paid fire department,

to the board. No member other than the state forester firewarden may serve for more than two consecutive terms.

       3.  The board shall elect a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.

       4.  The board shall meet at least twice each year or on the call of the chairman, the secretary or any three members.

       5.  The members of the board, except the state forester firewarden, are entitled to receive a salary of $60 for each day’s attendance at a meeting of the board and all members are entitled to the per diem allowances and travel expenses provided by law.

       6.  The board shall make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of firefighting and fire protection. When requested to do so by the director of the department of commerce, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.

       7.  The board shall advise the state fire marshal on matters relating to the training of firemen.

       Sec. 9.  Sections 1 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.

      Sec. 30.  Section 4 of chapter 667, Statutes of Nevada 1981, at page 1591, is hereby amended to read as follows:

       Sec. 4.  NRS 14.070 is hereby amended to read as follows:

       14.070  1.  The use and operation of a motor vehicle over the public roads, streets or highways, or in any other area open to the public and commonly used by motor vehicles, in the State of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by [such] the operator, on behalf of himself and his principal or master, his executor, administrator or personal representative, of the director of the department of motor vehicles to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him, his principal or master, his executor, administrator or personal representative, growing out of such use or resulting in damage or loss to person or property, and the use or operation [shall be a signification of] signifies his agreement that any such process against him which is so served [shall be of] has the same legal force and validity as though served upon him personally within the State of Nevada.

       2.  Service of [such] process [shall] must be made by leaving a copy of the process with a fee of [$2] $5 in the hands of the director of the department of motor vehicles or in his office, and such service shall be deemed sufficient upon the operation [; provided, that] if notice of [such] service and a copy of the process [shall forthwith be] is sent by registered or certified mail by the plaintiff to the defendant at the address supplied by the defendant in his accident report, if any, and if not, at the best address available to the plaintiff, and a return receipt signed by the defendant or a return of the Post Office Department stating that the defendant refused to accept deliver or could not be located, or that the address was insufficient, and the plaintiff’s affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued.

 


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ê1983 Statutes of Nevada, Page 56 (Chapter 15, SB 66)ê

 

such service shall be deemed sufficient upon the operation [; provided, that] if notice of [such] service and a copy of the process [shall forthwith be] is sent by registered or certified mail by the plaintiff to the defendant at the address supplied by the defendant in his accident report, if any, and if not, at the best address available to the plaintiff, and a return receipt signed by the defendant or a return of the Post Office Department stating that the defendant refused to accept deliver or could not be located, or that the address was insufficient, and the plaintiff’s affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued. Personal service of [such] notice and a copy of the process upon the defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada [shall be] is the equivalent of mailing, and [that such personal service] may be proved by the affidavit of the person making such personal service appended to the original process and returned and filed in the action in which it was issued.

       3.  The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.

       4.  The fee of [$2] $5 paid by the plaintiff to the director of the department of motor vehicles at the time of the service [shall] must be taxed in his costs if he prevails in the suit. The director of the department of motor vehicles shall keep a record of all [such] service of process, [which shall show] the day and hour of service.

       5.  The foregoing provisions of this section with reference to the service of process upon [such] an operator defendant [shall not be deemed] are not exclusive, but if [such] the operator defendant is found within the State of Nevada he [shall] must be served with process in the State of Nevada.

       6.  The provisions of this section apply to nonresident motorists and to resident motorists who have left the state or cannot be found within the state following an accident which is the subject of an action for which process is served pursuant to this section.

      Sec. 31.  Section 5.3 of chapter 675, Statutes of Nevada 1981, at page 1623, is hereby amended to read as follows:

       Sec. 5.3.  NRS 268.522 is hereby amended to read as follows:

       268.522  “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 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 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:

 

 


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improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any 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 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.

       4.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

       [4.]5.  Any undertaking by a public utility, in addition to that allowed by [subsection] subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

      Sec. 32.  Chapter 686, Statutes of Nevada 1981, at page 1653, is hereby amended by adding thereto a new section to be designated as section 2, which shall immediately follow section 1 and shall read as follows:

       Sec. 2.  Section 197 of chapter 642, Statutes of Nevada 1981, at page 1493, is hereby amended to read as follows:

      Sec. 197.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section “disability” and “impairment of the whole man” are equivalent terms.

      2.  The [percentage of disability must be determined by a physician designated by the commission or by the commissioner of insurance,] insurer shall select a physician from a panel of physicians designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association publication, “Guides to the Evaluation of Permanent Impairment,” as it exists on the date most recently specified by [joint] regulation of the [commission and the commissioner. The commission and the commissioner] department. The department may supplement this publication by adopting [joint] regulations for a supplemental guide.

      3.  No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.

 


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      4.  Each 1 percent of impairment of the whole man must be compensated by monthly payment of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the 65th birthday of the claimant, whichever is later.

      5.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      6.  A permanent partial disability award may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability may elect to receive a payment in a lump sum of:

             (1) Twenty-five percent of the present value of the compensation for his permanent partial disability; or

             (2) The present value of the compensation for his permanent partial disability, but not more than $10,000.

      (b) A claimant injured on or after July 1, 1973, may, upon demonstration of a need which is substantiated by a comprehensive evaluation of possible rehabilitation, be authorized by the [commission or the self-insured employer] insurer to receive his compensation in a lump sum.

      (c) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615 is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      7.  The [commission and the commissioner of insurance] department shall adopt [joint] regulations concerning the manner in which a comprehensive evaluation of possible rehabilitation will be conducted and defining the factors to be considered in the evaluation required to substantiate the need for a lump sum settlement.

      8.  Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      9.  The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.

      10.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value is calculated using monthly payments in the amounts prescribed in subsection 4 and actuarial annuity tables adopted [jointly] by the [commission and the commissioner of insurance.]

 


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ê1983 Statutes of Nevada, Page 59 (Chapter 15, SB 66)ê

 

by the [commission and the commissioner of insurance.] department. The tables must be reviewed annually by a consulting actuary.

      11.  An employee who is receiving:

      (a) Compensation for a permanent total disability is not entitled to compensation for a permanent partial disability during the period when he is receiving compensation for the permanent total disability.

      (b) Compensation for a temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability.

      (c) Compensation for a temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability.

      12.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      13.  The [commission] department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      14.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      15.  This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 33.  Chapter 690, Statutes of Nevada 1981, at page 1664, is hereby amended by adding thereto a new section to be designated as section 4, which shall immediately follow section 3 and shall read as follows:

       Sec. 4.  Section 3 of this act shall become effective upon passage and approval.

      Sec. 34.  Section 22 of chapter 691, Statutes of Nevada 1981, at page 1673, is hereby amended to read as follows:

       Sec. 22.  NRS 232.213 is hereby amended to read as follows:

       232.213  1.  The department of administration is hereby created.

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

       (a) Budget division.

       (b) Risk management division.

       (c) Hearings division, which consists of hearing officers and appeals officers . [whose duties are prescribed by chapter 616 of NRS.]

 


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      Sec. 35.  Sections 18 and 21 of chapter 693, Statutes of Nevada 1981, at pages 1685 and 1686, respectively, are hereby amended to read respectively as follows:

       Sec. 18.  NRS 433.244 is hereby amended to read as follows:

       433.244  1.  The administrator must:

       (a) Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.

       (b) Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.

       (c) Have additional qualifications which are in accordance with criteria prescribed by the personnel division of the department of [administration.] general services.

       2.  The administrator is in the unclassified service of the state.

       Sec. 21.  NRS 523.031 is hereby amended to read as follows:

       523.031  1.  The department of energy is hereby created.

       2.  The department consists of the director and:

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

       (b) The division of energy conservation and planning.

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

       4.  The director [shall:] must:

       (a) Be in the unclassified service.

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

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

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

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

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

      Sec. 36.  Sections 2 and 3 of chapter 696, Statutes of Nevada 1981, at pages 1690 and 1691, respectively, are hereby amended to read respectively as follows:

       Sec. 2.  NRS 353.264 is hereby amended to read as follows:

       353.264  1.  The reserve for statutory contingency fund is hereby created as a trust fund.

       2.  The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:

 

 


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for statutory contingency fund, and the money in the fund may be expended only for:

       (a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 353.120, 353.262, 412.154 [,] and 475.235; and

       (b) The payment of claims which are obligations of the state under:

             (1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and

             (2) NRS 7.125, 176.223, 177.345, 178.465, 179.225 and 213.153,

but such claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.

       Sec. 3.  Section 2 of this act shall become effective at 12:03 a.m. on July 1, 1981.

      Sec. 37.  Section 52 of chapter 719, Statutes of Nevada 1981, at page 1768, is hereby amended to read as follows:

       Sec. 52.  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 must be concluded and the audit report submitted to the governing body as provided in subsection 4 not later than 5 months [from] after 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] an 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 an audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered under the provisions of chapter 628 of NRS.

       2.  The governing body may, without requiring competitive bids, designate the [accountant] auditor or firm annually. The [accountant] auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.

       3.  Each annual audit must cover the business of the local government during the full fiscal year. It must be a [comprehensive audit of the affairs of the local government,] financial audit conducted in accordance with generally accepted auditing standards, 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.]

 


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to the adequacy of the financial presentation.] on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit report must compare operations of the local government with the approved budget 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 rejections.

       4.  The recommendation and the summary of the narrative comments [of] contained in the audit report must be read in full at a meeting of the government body held not more than [15] 30 days after the report is submitted to it. Immediately thereafter, the entire audit report, 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 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.

      Sec. 38.  Sections 2.5, 5 and 7 of chapter 723, Statutes of Nevada 1981, at pages 1776, 1780 and 1783, respectively, are hereby amended to read respectively as follows:

       Sec. 2.5.  NRS 361.320 is hereby amended to read as follows:

       361.320  1.  At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.

       2.  Except as otherwise provided in subsections 3 [, 4 and 5,] and 4, the foregoing must be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit basis, and the number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.

 


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any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit basis, and the number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada tax commission.

       3.  [Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:

       (a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.

       (b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.

       (c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.

       4.  Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and the physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:

       (a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.

       (b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operation unit within the State of Nevada.

       (c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.] On establishing the valuation, as a collective unit, of each public utility which generates, transmits or distributes electricity in this state, the Nevada tax commission shall allocate 10 percent of this valuation to the county in which the project is located and 90 percent of it among all the counties of this state in proportion to their respective populations. The valuation so allocated to each county must be assessed, and taxes must be assessed, and taxes must be levied and collected:

       (a) On all of it, at the rate levied for the county school district;

       (b) On that fraction of it which the population of the unincorporated area is of the population of the entire county, at the rate levied for county purposes; and

 


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       (c) On that fraction of it which the population of each incorporated city is of the population of the entire county, at the rate levied for that city,

including debt service in each case. The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this allocation fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.

       [5.]4.  Before establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada tax commission must first segregate the value of all property under construction whose construction was commenced on or after January 1, 1982, and which is not yet put to use. This value must be assessed and taxed in the county where it is located, at the same rate as other property. The legislature finds and declares that this segregation fairly reflects the additional burden put upon the public services of the county during its construction. For the purposes of this section, “commencement of construction” has the meaning ascribed to it in NRS 704.840.

       [6.]5.  The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income, stock and debt, and the cost of its assets.

       [7.]6.  As used in this section the word “company” means any person, company, corporation or association engaged in the business described.

       [8.]7.  In case of an omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein the property is situated shall assess it.

       [9.]8.  All other property must be assessed by the county assessors, except as provided in NRS 362.100 and except that the valuation of land, livestock and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

       [10.]9.  On or before the 1st Monday in December the department shall transmit to the several county assessors the assessed valuation found on such classes of property as are enumerated in this section, except for private car lines, together with the apportionment of each county of the assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the department.

 


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county assessors shall enter on the roll all such assessments transmitted to them by the department.

       [11.]10.  On or before November 1 of each year the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due under this subsection in the manner provided in NRS 361.560.

       Sec. 5.  Section 26 of chapter 149, Statutes of Nevada 1981, is hereby amended to read as follows:

      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 [:] , after making any distributions required by section 1 of this act:

      (a) Distribute the amount specified in this paragraph among the following counties and city in the following percentages:

 

                                                                                                                  Percent-

Political Subdivision                                                                                     age

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.

      (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

 


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      2.  The maximum amount distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to section 3 of chapter 150, Statutes of Nevada 1981, to be derived from 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 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 must be deposited in 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. 7.  1.  Section 3 of this act shall become effective at 12:02 a.m. on July 1, 1981.

       2.  Section 2 of this act shall become effective at 12:01 a.m. on July 30, 1981.

       3.  Section 2.5 of this act shall become effective on July 1, 1983.

      Sec. 39.  Section 14 of chapter 725, Statutes of Nevada 1981, at page 1791, is hereby amended to read as follows:

       Sec. 14.  NRS 645B.195 is hereby amended to read as follows:

       645B.195  1.  For an extension of credit of less than $200,000 which is secured by a deed of trust or mortgage of real property and which is made by or through a mortgage company, the rate of interest must not exceed the greater of:

 

 


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which is secured by a deed of trust or mortgage of real property and which is made by or through a mortgage company, the rate of interest must not exceed the greater of:

       (a) Twelve percent per annum; or

       (b) If the lowest daily prime rate at the three largest United States banking institutions is 9 percent or more, that lowest daily prime rate plus 3.5 percent.

       2.  If the rate of interest exceeds 12 percent:

       (a) The lender or broker of a mortgage company shall certify on the loan document [,] or in a statement attached thereto, under penalty of perjury, what the lowest prime rate is on the date [of execution of] on which the final loan document [.] is signed by the borrower.

       (b) The lender shall not impose any charge or penalty for prepayment of all or any part of the loan.

       3.  For the purposes of this section, “interest” does not include any payment made to a [third party, or amount included in the obligation for payment to a third party, as consideration for the extension of credit, which is computed as a percentage of the amount of the credit extended.] mortgage company as consideration for arranging a loan when the company acts independently of the borrower and lender.

       4.  If a mortgage company violates any provision of this section, the commissioner may suspend the company’s license for 60 days for the first violation and for 120 days for any subsequent violation.

      Sec. 40.  Section 2 of chapter 726, Statutes of Nevada 1981, at page 1792, is hereby amended to read as follows:

       Sec. 2.  NRS 19.013 is hereby amended to read as follows:

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

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee [now provided by law,] prescribed by NRS 19.020, to be paid by the party commencing the action, proceeding or transfer................................................................... [$32.00]     $47

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court, in addition to the court fee [now provided by law] prescribed by NRS 19.020................................ [20.00]       35

On the filing of a petition for letters testamentary, [or] letters of administration [or] , setting aside an estate without administration, or a guardianship, which fee [shall include] includes the court fee [now provided by law,] prescribed by NRS 19.020, to be paid by the petitioner:

 

 


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includes the court fee [now provided by law,] prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than [$5,000] $1,000.................................................. [$50.00]     $65

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

On filing a petition to contest any will or codicil, to be paid by the petitioner                                                                                         [25.00]       37

On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter............................................................................ [25.00]       37

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them................................................ [25.00]       37

For filing a notice of appeal................................................... [10.00]       20

For issuing transcript of judgment and certifying thereto... [1.00]          2

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

When such copy is reproduced by xerography, for each page   ......................................................................... .25

When such copy is photostated,] for each page [.50]         1

For each certificate of the clerk, under the seal of the court [1.00]        2

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate [2.00]      4

For filing and indexing articles of incorporation.................. [5.00]       10

For each amendment, acceptance or appointment of resident agent, list of officers, dissolution or reinstatement or bond companies [3.00] 5

For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity...... [5.00]       10

For issuing any certificate under seal, not otherwise provided for [2.00]                                                                                                   5

For searching records or files in his office, for each year...... [.50]          1

For filing and recording a bond of a notary public , per name [5.00]   10

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

 


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

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

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

      Sec. 41.  Section 16 of chapter 727, Statutes of Nevada 1981, at page 1807, is hereby amended to read as follows:

       Sec. 16.  NRS 695A.290 is hereby amended to read as follows:

       695A.290  1.  [Societies which are authorized on January 1, 1972, to transact business in this state may continue such business until May 1, 1972. The authority of such societies and all societies licensed after January 1, 1972, may thereafter be renewed annually, but in all cases shall terminate on the 1st day of the succeeding May; but a license so issued shall continue in full force and effect until the new license is issued or specifically refused.

       2.]  For each [such license] certificate or renewal of a certificate the society [shall] must pay to the commissioner a fee of $10.

       [3.  A duly] 2.  A certified copy or duplicate of [such license shall be] a certificate is prima facie evidence that the [licensee] society is a fraternal benefit society within the meaning of this chapter.

      Sec. 42.  Sections 1 and 2 of chapter 733, Statutes of Nevada 1981, at pages 1827 and 1828, respectively, are hereby amended to read respectively 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 the total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:

             (1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and

             (2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;

 


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       (b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately 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), applying the proportion obtained in subparagraph (1) of paragraph (a); and

       (d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the money arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).

       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 offenders’ store fund , offenders’ employment fund and prisoners’ personal property fund;

       (g) The wildlife account;

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

       (i) 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 Colorado River commission is responsible;

       (j) The business enterprise contingent fund for the blind;

       (k) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;

       (l) The beef promotion fund;

       (m) 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 the appropriate account.

       Sec. 2.  This act shall become effective at 12:05 a.m. on July 1, 1981.

      Sec. 43.  Sections 8 and 9 of chapter 735, Statutes of Nevada 1981, at pages 1833 and 1834, respectively, are hereby amended to read respectively as follows:

       Sec. 8.  Section 308 of Senate Bill No. 548 of the 61st session of the legislature is hereby amended to read as follows:

 


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ê1983 Statutes of Nevada, Page 71 (Chapter 15, SB 66)ê

 

      Sec. 308.  NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as provided in subsections 4 and 5, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

      2.  If:

      (a) Any proposed gift or grant is necessary for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

      (b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the time period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.

      (c) The proposed acceptance of any gift or grant which does not qualify under paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider the acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

      3.  The secretary shall place each request summitted to him pursuant to paragraph (b) and (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.

      4.  In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:

      (a) The need for the facility or service to be provided or improved;

      (b) Any present or future commitment required of the state;

      (c) The extent of the program proposed; and

      (d) The condition of the national economy, and any related fiscal or monetary policies.

      5.  A state agency may accept:

      (a) Gifts not exceeding $10,000 each in value; and

      (b) Governmental grants not exceeding $50,000 each in value, if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

 


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ê1983 Statutes of Nevada, Page 72 (Chapter 15, SB 66)ê

 

if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

      6.  This section does not apply to:

      (a) The [Nevada industrial commission;] state industrial insurance system;

      (b) The University of Nevada System;

      (c) The state “MX” missile board; or

      (d) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.

       Sec. 9.  Section 311 of Senate Bill No. 548 of the 61st session of the Nevada legislature is hereby amended to read as follows:

      Sec. 311.  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] this state 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 and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:

             (1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and

             (2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;

      (b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately 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), applying the proportion obtained in subparagraph (1) of paragraph (a); and

      (d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).

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

 


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ê1983 Statutes of Nevada, Page 73 (Chapter 15, SB 66)ê

 

      (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 offenders’ store fund, offenders’ employment fund and prisoners’ personal property fund;

      (g) The wildlife account;

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

      (i) 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 Colorado Rive commission is responsible;

      (j) The business enterprise contingent fund for the blind;

      (k) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;

      (l) The beef promotion fund; [and]

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

      (n) The fund for worker’s compensation and safety;

      (o) The uninsured employers’ claim fund; and

      (p) The subsequent injury fund,

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

      Sec. 44.  Sections 6 and 12 of chapter 736, Statutes of Nevada 1981, at pages 1841 and 1845, respectively, are hereby amended to read respectively as follows:

       Sec. 6.  NRS 534.030 is hereby amended to read as follows:

       534.030  1.  Upon receipt by the state engineer of a petition requesting him to administer the provisions of this chapter as relating to designated areas, signed by not less than 40 percent of the appropriators of record in the office of the state engineer, in any particular basin or portion therein, he shall:

       (a) Cause to be made the necessary investigations to determine if such administration would be justified.

       (b) If his findings are affirmative, designate the area by basin, or portion therein, and make an official order describing the boundaries by legal subdivision as nearly as possible.

       (c) Proceed with the administration of this chapter.

       2.  In the absence of such a petition from the owners of wells in a ground water basin which the state engineer considers to be in need of administration, he shall hold a public hearing within the basin to take testimony from those owners to determine whether administration of that basin is justified. If the basin is found, after due investigation, to be in need of administration the state engineer may enter an order in the same manner as if a petition, as described in subsection 1, had been received.

 


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found, after due investigation, to be in need of administration the state engineer may enter an order in the same manner as if a petition, as described in subsection 1, had been received.

       3.  The order of the state engineer may be reviewed by the district court of the county pursuant to NRS 533.450.

       4.  [Such supervision must be exercised on] The state engineer shall supervise all wells tapping artesian water or water in definable underground aquifers drilled after March 22, 1913, and [on] all wells tapping percolating water [, the course and boundaries of which are incapable of determination,] drilled subsequent to March 25, 1939, except those wells [coming under the provisions of NRS 534.180.] for domestic purposes for which a permit is not required.

       5.  Within any ground water basin which has been designated or which may hereafter be so designated by the state engineer, except ground water basins subject to the provisions of NRS 534.035, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, in the administration of the ground water law, shall avail himself of the services of the governing body of the water district or the water conservation board, [or either] or both of them, in an advisory capacity. The governing body or water board shall furnish such advice and assistance to the state engineer as is necessary for the purpose of the conservation of ground water within the areas affected. The services of the governing body or water conservation board must be without compensation from the state, and the services so rendered must be upon reasonable agreements effected with and by the state engineer.

       Sec. 12.  Sections 2, 3, 4 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1981.

      Sec. 45.  Sections 2, 4 and 9 of chapter 737, Statutes of Nevada 1981, at pages 1845, 1846 and 1849, respectively, are hereby amended to read respectively as follows:

       Sec. 2.  NRS 118.235 is hereby amended to read as follows:

       118.235  The provisions of NRS 118.230 to 118.340, inclusive, and sections 2 to 6, inclusive, of [this act,] chapter 775, Statutes of Nevada 1981, do not apply to [mobile] :

       1.  Mobile home parks operated by public housing authorities and established pursuant to the United States Housing Act of 1937, as amended (now 42 U.S.C. §§ 1437 et seq.).

       2.  Any lot in a mobile home park which is rented or held out for rent overnight or for less than 3 months.

       3.  Any recreational vehicle located on a lot described in subsection 2.

       Sec. 4.  NRS 118.270 is herby amended to read as follows:

       118.270  The landlord or his agent or employee shall not:

       1.  Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.

 


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ê1983 Statutes of Nevada, Page 75 (Chapter 15, SB 66)ê

 

the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.

       2.  Charge or receive:

       (a) Any entrance or exit fee for assuming or leaving occupancy of a mobile home lot.

       (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord has acted as the [mobile home owner’s] tenant’s agent in the sale pursuant to a written contract.

       (c) Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection 6.

       (d) Any fee for the tenant’s spouse or children other than as provided in the lease.

       (e) Any unreasonable fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

       3.  Increase rent or service fees unless:

       (a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly situated or, if it is a service fee, to a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and

       (b) Written notice advising a tenant of the increase is sent to the tenant 60 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants on or before commencement of their tenancy.

       4.  Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of [such] the sale, except as provided in NRS 118.280.

       5.  Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the [mobile home] vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the [mobile home.] vehicle.

       6.  Prohibit any meetings held in the park’s community or recreation facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss [mobile home living and] the park’s affairs, or any tenant-sponsored political meeting, if [such] the meetings are held at reasonable hours and when the facility is not otherwise in use.

       7.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

 


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       8.  Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the [mobile home.] vehicle.

       9.  Unless prohibited by a written lease or a general rule or regulation of the park if there is no written lease, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.

       Sec. 9.  1.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

       2.  Section 4 of this act shall become effective at 12:02 a.m. on July 1, 1981.

      Sec. 46.  Section 39 of chapter 745, Statutes of Nevada 1981, at page 1880, is hereby amended to read as follows:

       Sec. 39.  The board or any of its members [,] or any medical review panel of a medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing naturopathic healing in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board or with a society of naturopathic healing of the county in which the person charged has his office if there is such a society in the county.

      Sec. 47.  Sections 2, 3 and 7 of chapter 750, Statutes of Nevada 1981, at pages 1892, 1894 and 1897, respectively, are hereby amended to read respectively as follows:

       Sec. 2.  NRS 62.040 is hereby amended to read as follows:

       62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

       (a) Concerning any child living or found within the county who is neglected because:

             (1) He has been abandoned by his parents, guardian, or other custodian;

             (2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being, or he is suffering from congenital drug addiction or the fetal alcohol syndrome, because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;

             (3) He has been subjected to physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment constituting abuse and neglect as defined in NRS 200.5011, by a person who is responsible for his welfare under circumstances which indicate that his health or welfare is harmed or threatened thereby;

             (4) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or

 


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ê1983 Statutes of Nevada, Page 77 (Chapter 15, SB 66)ê

 

             [(4)](5) He has been placed for care or adoption in violation of law.

       (b) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

       (c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:

             (1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.

       (d) Concerning any child in need of commitment to an institution for the mentally retarded.

       2.  This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.

       3.  This chapter does not deprive justices’ courts and municipal courts in any county having a population of 250,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

       (a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in those proceedings; and

       (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of the juvenile court judge or judges is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.

       4.  Action taken by the juvenile court pursuant to the jurisdiction conferred by subparagraph (3) of paragraph (a) of subsection 1 does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts and circumstances.

 


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       Sec. 3.  NRS 200.5011 is hereby amended to read as follows:

       200.5011  As used in NRS 200.501 to 200.509, inclusive, and section 1 of Assembly Bill No. 269 of the 61st session of the Nevada legislature:

       1.  “Child abuse and neglect” means [the nonaccidental] physical or mental injury [,] of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment of a child under the age of 18 years by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.

       2.  “Mental injury” means a substantial injury to the intellectual or psychological capacity of a child as evidenced by an observable and substantial impairment of his ability to function within his normal range of performance or behavior.

       3.  “Negligent treatment or maltreatment” includes, but is not limited to, abandonment of the child, lack of proper parental care, control and supervision, and lack of subsistence, education, medical care or other care or control necessary for the well-being of the child because of the faults or habits of his parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them.

       4.  “Person responsible for the child’s welfare” includes, but is not limited to, the child’s parent, guardian, foster parent or a person in charge of, or employed in, a public or private residential home or facility having physical custody of the child.

       5.  “Physical injury” includes, but is not limited to:

       (a) Permanent or temporary disfigurement;

       (b) Impairment of any bodily function or organ of the body; and

       (c) Injury resulting from excessive corporal punishment.

       6.  “Sado-masochistic abuse” means:

       (a) Flagellation or torture practiced by or upon a person; or

       (b) The condition of being fettered, bound or otherwise physically restrained,

if the flagellation, torture or physical restraint can be reasonably construed as being for the purpose of sexual arousal or gratification.

       [3.]7.  “Sexual abuse” includes, but is not limited to, acts upon a child constituting:

       (a) Incest under NRS 201.180;

       (b) [The infamous crime against nature under NRS 201.190;

       (c)] Lewdness with a child under NRS 201.230;

       [(d)](c) Annoyance or molestation of a minor under NRS 207.260;

       [(e)](d) Sado-masochistic abuse;

       [(f)](e) Sexual assault under NRS 200.366; and

       [(g)](f) Statutory sexual seduction under NRS 200.368.

       8.  “Sexual exploitation” includes, but is not limited to, allowing or encouraging a child to engage in prostitution and allowing or encouraging a child to engage in obscene or pornographic filming, photographing or recording on video tape.

 


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       Sec. 7.  1.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

       2.  Section 3 of this act shall become effective at 12:02 a.m. on July 1, 1981.

      Sec. 48.  Section 14 of chapter 764, Statutes of Nevada 1981, at page 1955, is hereby amended to read as follows:

       Sec. 14.  NRS 174.125 is hereby amended to read as follows:

       174.125  1.  All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions which by their nature, if granted, delay or postpone the time of trial [,shall be made prior to] must be made before trial, unless an opportunity to make [any such motion prior to] such a motion before trial did not exist or the moving party was not aware of the grounds for the motion [prior to] before trial.

       2.  In any judicial district in which a single judge is provided : [by NRS 3.010:]

       (a) All motions subject to the provisions of subsection 1 [shall] must be made in writing, with not less than 10 days’ notice to the opposite party unless good cause is shown to the court at the time of trial why the motion could not have been made in writing upon the required notice.

       (b) The court may, by written order, shorten the notice required to be given to the opposite party.

       3.  In any judicial district in which two or more judges are provided : [by NRS 3.010:]

       (a) All motions subject to the provisions of subsection 1 [shall] must be made in writing not less than 15 days before the date set for trial, except that if less than 15 days intervene between entry of a plea and the date set for trial, such a motion may be made within 5 days after entry of the plea.

       (b) The court may, if a defendant waives hearing on the motion or for other good cause shown, permit the motion to be made at a later date.

       4.  Grounds for making such a motion after the time provided or at the trial must be shown by affidavit.

      Sec. 49.  Sections 6, 8, 20 and 24 of chapter 766, Statutes of Nevada 1981, at pages 1959, 1960, 1967 and 1968, respectively, are hereby amended to read respectively as follows:

       Sec. 6.  NRS 453.231 is hereby amended to read as follows:

      453.231  1.  The board shall register an applicant to manufacture, distribute, possess, administer, dispense or prescribe controlled substances included in schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsistent with the public interest.

       2.  In determining the public interest, the board shall consider the following factors:

 


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ê1983 Statutes of Nevada, Page 80 (Chapter 15, SB 66)ê

 

       (a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;

       (b) Compliance with applicable federal, state and local law;

       (c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

       (d) Past experience in the manufacture, distribution, possession, administering, dispensing and prescribing of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion;

       (e) Furnishing by the applicant of false or fraudulent material in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;

       (f) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, possess, administer or dispense controlled substances as authorized by federal law; and

       (g) Any other factors relevant to and consistent with the public health and safety.

       3.  Registration under subsections 1 and 2 does not entitle a registrant to manufacture, distribute, possess, administer, dispense or prescribe controlled substances in schedules I or II other than those specified in the registration.

       4.  [Practitioners] Prescribing practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II to V, inclusive, if they are authorized to dispense or conduct research under the laws of this state.

       5.  The board need not require separate registration under the provisions of NRS 453.011 to 453.551, inclusive, for practitioners engaging in research with nonnarcotic controlled substances in schedules II to V, inclusive, where the registrant is already registered under the provisions of NRS 453.011 to 453.551, inclusive, in another capacity.

       6.  [Practitioners] Prescribing practitioners registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.

       7.  Compliance by manufacturers, distributors, dispensers and prescribing practitioners with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under the provisions of NRS 453.011 to 453.551, inclusive.

       Sec. 8.  NRS 453.261 is hereby amended to read as follows:

       453.261  1.  The division or the board may make administrative inspections of controlled premises in accordance with the following provisions:

       (a) When authorized by an administrative inspection warrant issued pursuant to NRS 453.266 to an officer, employee or peace officer as defined in NRS 169.125, designated by the division or the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purposes of conducting an administrative inspection.

 


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the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purposes of conducting an administrative inspection.

       (b) When authorized by an administrative inspection warrant, an officer, employee or peace officer as defined in NRS 169.125, designated by the division or the board may:

             (1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.551, inclusive;

             (2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of the provisions of NRS 453.011 to 453.551, inclusive; and

             (3) Inventory any stock of any controlled substance therein and obtain samples thereof.

       2.  Members and investigators of the board, inspectors of the Food and Drug Administration, agents of the Bureau, and agents of the division are authorized to remove the original prescription for a controlled substance from the files of a pharmacy if the prescription is to be used as evidence in a contemplated criminal or civil action or administrative proceeding. The person removing the prescription shall:

       (a) Affix the name and address of the pharmacy to the back side of the prescription;

       (b) Affix his initials, and cause the pharmacist on duty to affix his initials, and note the date of the removal on the back of the prescription;

       (c) Affix the name of the agency for which he is removing the prescription;

       (d) Provide a receipt for the prescription to the pharmacy; and

       (e) Return a photostatic copy of both sides of the prescription to the pharmacy within 5 working days after removal.

       3.  This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

       (a) If the owner, operator or agent in charge of the controlled premises consents;

       (b) In situations presenting imminent danger to health or safety;

       (c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant.

       (d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

       (e) In all other situations in which a warrant is not constitutionally required.

       [3.]4.  An inspection authorized by this section [shall] must not extend to financial data, sales data, other than shipment data or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.

 


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ê1983 Statutes of Nevada, Page 82 (Chapter 15, SB 66)ê

 

must not extend to financial data, sales data, other than shipment data or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.

       [4.]5.  For purposes of this section, “controlled premises” means:

       (a) Places where persons registered or exempted from registration requirements under the provisions of NRS 453.011 to 453.551, inclusive, are required to keep records; [and]

       (b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under the provisions of NRS 453.011 to 453.551, inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance [.] ; and

       (c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.

       Sec. 20.  NRS 49.245 is hereby amended to read as follows:

       49.245  There is no privilege under NRS 49.225 or 49.235:

       1.  For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

       2.  As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.

       3.  As to communications relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.

       4.  In a prosecution or mandamus proceeding under chapter 441 of NRS.

       5.  As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.

       6.  As to any communication placed in health care records which are furnished in accordance with the provisions of NRS 629.061.

       7.  As to records that are required by chapter 453 of NRS to be maintained.

       Sec. 24.  1.  Sections 5, 6, 10, 12, 16 and 20 of this act shall become effective at 12:01 a.m. on July 1, 1981.

       2.  Section 11 of this act shall become effective at 12:02 a.m. on July 1, 1981.

      Sec. 50.  Chapter 767, Statutes of Nevada 1981, at page 1969, is hereby amended by adding thereto a new section to be designated as section 22, which shall immediately follow section 21 and shall read as follows:

       Sec. 22.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 


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ê1983 Statutes of Nevada, Page 83 (Chapter 15, SB 66)ê

 

      Sec. 51.  Sections 38 and 44 of chapter 768, Statutes of Nevada 1981, at pages 1992 and 1993, respectively, are hereby amended to read respectively as follows:

       Sec. 38.  (Deleted by amendment.)

       Sec. 44.  NRS 636.075 is hereby amended to read as follows:

       636.075  1.  A member shall be entitled to receive:

       (a) A salary of not more than [$40] $60 per day, as fixed by the board, while engaged in the business of the board.

       (b) Actual expense for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.

       2.  Compensation and expenses of members shall be payable out of the funds derived from fees, fines and penalties paid or transmitted to the board under provisions of this chapter and no part thereof [shall ever] may be paid out of the state treasury.

      Sec. 52.  1.  Section 8 of chapter 771, Statutes of Nevada 1981, at page 2005, is hereby amended to read as follows:

       Sec. 8.  NRS 481.071 is hereby amended to read as follows:

       481.071  1.  Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in [subsection 3.] paragraph (f) of that subsection.

       2.  Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:

       (a) The registration division shall execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws.

       (b) The motor carrier division shall:

             (1) Execute, administer and enforce the laws relative to the licensing of motor vehicle carriers and the use of public highways by such carriers as contained in chapter 706 of NRS;

             (2) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;

             (3) Execute, administer and enforce the provisions of chapter 366 of NRS, relating to impositions and collection of taxes on special fuels used for motor vehicles; and

             (4) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

       (c) The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

       (d) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.

 


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       (e) The investigation division shall execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs, and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 481 of NRS and any other laws.

       [3.](f) The [primary functions and responsibilities of the] Nevada highway patrol division [are to] shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

      2.  Chapter 771, Statutes of Nevada 1981, at page 2003, is hereby amended by adding thereto a new section to be designated section 10.5, which shall immediately follow section 10 and shall read as follow:

       Sec. 10.5.  Section 319 of chapter 642, Statutes of Nevada 1981, at page 1529, is hereby amended to read as follows:

      Sec. 319.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.

      2.  License plates furnished for:

      (a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and any authorized federal or out-of-state law enforcement agency;

      (b) One automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;

      (c) Vehicles of a city, county or the state, except any assigned to the [Nevada industrial commission,] state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

      (d) Automobiles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of brand inspection of the state department of agriculture;

             (3) The attorney general;

 


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ê1983 Statutes of Nevada, Page 85 (Chapter 15, SB 66)ê

 

             (4) Duly appointed city or county juvenile officers;

             (5) District attorney offices;

             (6) Sheriff offices; and

             (7) Police departments in the state,

[shall] must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $5.50 per set.

      3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.

      5.  For the purposes of this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

      6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      3.  Sections 11, 13 and 33 of chapter 771, Statutes of Nevada 1981, at pages 2007, 2008 and 2016, respectively, are hereby amended to read respectively as follows:

       Sec. 11.  NRS 483.340 is hereby amended to read as follows:

       483.340  1.  The department shall (upon payment of the required fee) issue to every applicant qualifying therefor a driver’s license indicating the type or class of vehicles the licensee may drive, which license [shall] must bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.

 


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ê1983 Statutes of Nevada, Page 86 (Chapter 15, SB 66)ê

 

       2.  The department may issue a driver’s license for identification purposes only for use by the officers of local police and sheriffs’ departments, agents of the investigation [and narcotics] division of the department of [law enforcement assistance] motor vehicles while engaged in special undercover narcotics or prostitution investigations and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriff’s department, the chief of the investigation [and narcotics] division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

       3.  Information pertaining to the issuance of a driver’s license under subsection 2 is confidential.

       4.  It is unlawful for any person to use a driver’s license issued under subsection 2 for any purpose other than the special investigation for which it was issued.

       5.  A person may attach to his driver’s license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.

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

       169.125  “Peace officer” includes:

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

       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;

 


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ê1983 Statutes of Nevada, Page 87 (Chapter 15, SB 66)ê

 

       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 agents of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 or section 8 of chapter 528, Statutes of Nevada 1981, 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 investigation division of the department of [law enforcement assistance;] motor vehicles;

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

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

       22.  The personnel of the Nevada department of 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.

       Sec. 33.  Sections 7, 8, 11, 12, 13 and 31 of this act shall become effective at 12:01 a.m. on July 1, 1981.

      Sec. 53.  Sections 2, 3, 12, 13, 15, 17 and 21 of chapter 775, Statutes of Nevada 1981, at pages 2028, 2029, 2032, 2034, 2035, 2036 and 2037, respectively, are hereby amended to read respectively as follows:

 


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ê1983 Statutes of Nevada, Page 88 (Chapter 15, SB 66)ê

 

       Sec. 2.  The landlord or his agent or employee shall not:

       1.  Increase rent or service fees unless:

       (a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly located in mobile homes of similar size on the same class of lot, either double or single, or, if it is a service fee, to a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years or older; and

       (b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.

       2.  Require a tenant to pay his rent by check.

       3.  Prohibit or require fees for any meetings held in the park’s community or recreation facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park’s affairs, or any tenant-sponsored political meeting, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of such meetings.

       4.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

       5.  Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park a guest may be required to register upon entering and leaving.

       Sec. 3.  The landlord or his agent or employee shall not:

       1.  Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of the sale, except as provided in NRS 118.280.

       2.  Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the vehicle.

       3.  Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the vehicle.

       4.  Unless subleasing of lots is prohibited by a written lease or a general regulation of the park if there is no written lease, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.

       Sec. 12.  NRS 118.270 is hereby amended to read as follows:

       118.270  The landlord or his agent or employee shall not:

       1.  Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.

 


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ê1983 Statutes of Nevada, Page 89 (Chapter 15, SB 66)ê

 

any other incentive to induce the purchase of a mobile home from him or any other person.

       2.  Charge or receive:

       (a) Any entrance or exit fee for assuming or leaving occupancy of a mobile home lot.

       (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord has acted as the tenant’s agent in the sale pursuant to a written contract.

       (c) Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection [6.] 3 of section 2 of this act.

       (d) Any fee for the tenant’s spouse or children other than as provided in the lease.

       (e) Any unreasonable fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

       [3.  Increase rent or service fees unless:

       (a) The rental rates or the increase in service fees applies in a uniform manner of all tenants similarly situated or, if it is a service fee, to a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and

       (b) Written notice advising a tenant of the increase is sent to the tenant 60 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants on or before commencement of their tenancy.

       4.  Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of the sale, except as provided in NRS 118.280.

       5.  Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the vehicle.

       6.  Prohibit any meetings held in the park’s community or recreation facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park’s affairs, or any tenant-sponsored political meeting, if the meetings are held at reasonable hours and when the facility is not otherwise in use.

       7.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

       8.  Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the vehicle.

 


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       9.  Unless prohibited by a written lease or a general rule or regulation of the park if there is no written lease, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.]

       (f) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.

       (g) Any fee for a late monthly rental payment within 4 days of the date the rental payment is due or which exceeds $1 for each day which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be accordance with the requirements prescribed by the public service commission of Nevada.

       Sec. 13.  NRS 118.280 is hereby amended to read as follows:

       118.280  1.  The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s mobile home or recreational vehicle, if the vehicle will remain in the park. The landlord shall not unreasonably withhold his consent.

       2.  If a tenant sells his mobile home or recreational vehicle, the landlord may require that the vehicle be removed from the park if it is [:

       (a) Deemed] deemed by the landlord to be in a rundown condition or in disrepair . [; or

       (b) Unoccupied for more than 90 consecutive days before the sale.]

       3.  If the landlord requires approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the parties to the sale must first confer with the manager.

       Sec. 15.  NRS 118.295 is hereby amended to read as follows:

       118.295  [The] Notwithstanding the expiration of a period of a tenancy, the rental agreement described in NRS 118.291 may not be terminated except for:

       1.  Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;

       2.  Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118.260 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;

 


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ê1983 Statutes of Nevada, Page 91 (Chapter 15, SB 66)ê

 

       3.  Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants or interferes with park management;

       4.  Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;

       5.  Condemnation or a change in land use of the [mobile home] park to a use other than a mobile home park if the landlord notifies the tenant in writing at least 6 months before the termination or pays the costs of moving the tenant’s mobile home to a new location no more than 10 miles distant; [or]

       6.  A change in the use of the land by the landlord pursuant to NRS 118.285; or

       7.  Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance.

       Sec. 17.  NRS 118.310 is hereby amended to read as follows:

       118.310  1.  If a mobile home or recreational vehicle is made unfit for occupancy for any period in excess of 48 hours by any cause for which the landlord is responsible or over which he has control, the rent may be at the tenant’s option, proportionately abated, and if it is, must be refunded or credited against the following month’s rent. The tenant need not abandon the mobile home or recreational vehicle as a prerequisite to seeking relief under this subsection.

       2.  As an alternative to the abatement of rent, the tenant may procure reasonable substitute housing for occupancy while his mobile home or recreational vehicle remains unfit and may:

       (a) Recover the actual and reasonable cost of the substitute housing from the landlord, but not more than an amount equal to the rent for the mobile home lot; or

       (b) Deduct the cost from future rent.

       3.  A mobile home shall be deemed unfit for occupancy if essential services such as fuel, water, electricity or sewer service are not being adequately provided to the mobile home.

       Sec. 21.  1.  Sections 7, 9, 13, 15, 17, 18 and 19 of this act shall become effective at 12:01 a.m. on July 1, 1981.

       2.  Section 12 of this act shall become effective at 12:03 a.m. on July 1, 1981.

      Sec. 54.  Sections 4 and 4.5 of chapter 779, Statutes of Nevada 1981, at pages 2045 and 2046, respectively, are hereby amended to read respectively as follows:

       Sec. 4.  NRS 233B.039 is hereby amended to read as follows:

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

       (a) The governor.

       (b) The department of prisons.

       (c) The University of Nevada System.

       (d) The department of the military.

 


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

ê1983 Statutes of Nevada, Page 92 (Chapter 15, SB 66)ê

 

       (e) The state gaming control board.

       (f) The Nevada gaming commission.

       (g) The state board of parole commissioners.

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

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

       (j) The state “MX” missile board.

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

       3.  The special provisions of:

       (a) NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;

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

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

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

prevail over the general provisions of this chapter.

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

       Sec. 4.5.  Section 50 of Senate Bill No. 661 of the 61st session of the Nevada legislature is hereby amended to read as follows:

      Sec. 50.  NRS 233B.039 is hereby amended to read as follows:

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

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

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

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

      (j) The state “MX” missile board.

 


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

ê1983 Statutes of Nevada, Page 93 (Chapter 15, SB 66)ê

 

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

      3.  The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.

      4.  The special provisions of :

      (a) NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;

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

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

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

prevail over the general provisions of this chapter.

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

      Sec. 55.  1.  Section 3 of chapter 781, Statutes of Nevada 1981, at page 2052, is hereby amended to read as follows:

       Sec. 3.  NRS 706.8818 is hereby amended to read as follows:

       706.8818  1.  A taxicab authority, consisting of five members appointed by the governor, is hereby created. No member may serve for more than 6 years. No more than three members may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.

       2.  Each member of the taxicab authority is entitled to receive as compensation $60 for each day actually employed on work of the authority, and reimbursement for necessary travel and per diem expenses in the manner provided by law.

       3.  The taxicab authority shall maintain its principal office in the county or area of the state where it performs most of its regulatory activity.

       4.  The taxicab authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive, apply.

 


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

ê1983 Statutes of Nevada, Page 94 (Chapter 15, SB 66)ê

 

which NRS 706.881 to 706.885, inclusive, apply. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

       [4.]5.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the public service commission of Nevada remains effective in a county to which those sections apply until modified or rescinded by the taxicab authority, and must be enforced by the taxicab authority.

      2.  Chapter 781, Statutes of Nevada 1981, at page 2052, is hereby amended by adding thereto a new section to be designated section 13, which shall immediately follow section 12 and shall read as follows:

       Sec. 13.  Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1981.

      Sec. 56.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 16, SB 30

Senate Bill No. 30–Committee on Judiciary

CHAPTER 16

AN ACT relating to delinquent taxes; requiring a notice of delinquent taxes to be mailed to the holder of a recorded security interest upon his request; and providing other matters properly relating thereto.

 

[Approved February 23, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.565 is hereby amended to read as follows:

      361.565  1.  Within 30 days after the 1st Monday in March of each year, in all cases where the tax is delinquent, the tax receiver of the county shall give notice in the manner and form provided in this section.

      2.  The notice [shall] must be published in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 at least once a week from the date thereof for 4 consecutive weeks . [, being four insertions.] If there is no newspaper in the county, the notice [shall] must be posted in at least five conspicuous places within the county.

      3.  The cost of publication in each case [shall] must be charged to the delinquent taxpayer, and [shall, in no case, be] is not a charge against the state or county. The publication [shall] must be made at not more than legal rates.

      4.  When the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, the notice [shall] must be given by posting a copy of the notice in three conspicuous places within the county without publishing the notice in a newspaper.

 


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

ê1983 Statutes of Nevada, Page 95 (Chapter 16, SB 30)ê

 

      5.  The notice [shall] must state:

      (a) The name of the owner, if known.

      (b) The description of the property on which the taxes are a lien.

      (c) The amount of the taxes due on the property and the penalties and costs as provided by law.

      (d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, on the 1st Monday in May of the current year at 1:30 p.m. of that day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from date due until paid as provided by law and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.

      6.  The notice [shall] must be mailed in the following manner:

      (a) At the same time that the tax receiver first publishes the notice or posts the notice, as the case may be, he shall send a copy of the notice by first class mail, in the case of each respective property as taxed [, to the owner or owners of the property, and also to the person or persons listed as the taxpayer or taxpayers thereon on the tax rolls, at their last-known addresses, if the names and addresses are known.] to:

             (1) The owner or owners of the property;

             (2) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; and

             (3) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189. Upon mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel. The affidavit [shall] must recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Detailed records [shall] must be maintained by the tax receiver in support of his affidavit, in such content as the department may prescribe, until the period of redemption has expired.

      (b) A second copy [shall] must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.

      (c) The cost of each mailing [shall] must be charged to the delinquent taxpayer at the rate of $1 each.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 96ê

 

CHAPTER 17, AB 14

Assembly Bill No. 14–Committee on Judiciary

CHAPTER 17

AN ACT relating to motor carriers; removing the requirement that motor carriers of interstate commerce submit certain information to the public service commission of Nevada; providing opportunity for a hearing before the suspension of a certificate, permit or license; and providing other matters properly relating thereto.

 

[Approved February 23, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.266 is hereby amended to read as follows:

      706.266  1.  It is unlawful for any common, contract or private motor carrier to operate as a motor carrier of intrastate [, or interstate or foreign] commerce within [or through] this state without having furnished the commission the following:

      (a) [In the case of interstate or foreign commerce:

             (1) Good and sufficient evidence satisfactory to the commission that it has complied with all of the provisions of the Federal Motor Carrier Act of 1935, as amended, and the motor carrier safety rules and regulations of the Department of Transportation as amended.

             (2) A current copy of its certificate, permits or exemptions which have been issued by the Interstate Commerce Commission.

             (3) Such other information as the commission may request.

      (b) In the case of intrastate commerce:

             (1)] Where a person does not hold a certificate of convenience and necessity or a permit to operate as a common or contract motor carrier in the State of Nevada, an affidavit certifying that the person intends to operate as a private carrier.

             [(2)](b) Such other information as the commission may request.

      2.  The commission may waive [any or all of such requirements.] the requirement of paragraph (a) of subsection 1.

      Sec. 2.  NRS 706.701 is hereby amended to read as follows:

      706.701  1.  No certificate of public convenience and necessity, permit or license issued in accordance with the terms of NRS 706.011 to 706.791, inclusive, [shall be construed to be] is either a franchise or irrevocable.

      2.  The commission may at any time, for good cause shown, after investigation and a hearing, unless waived by the grantee, and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the commission may, after investigation and a hearing, revoke any certificate, permit or license. If service of the notice provided in subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke [such] the certificate, permit or license without a hearing.

      4.  Any person aggrieved by the order of the commission revoking [such] a certificate, permit or license may within 30 days commence an action in the district court [in and] for Carson City against the commission to vacate and set aside [such] the order on the ground that [such] the order is unlawful or unreasonable.

 


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

ê1983 Statutes of Nevada, Page 97 (Chapter 17, AB 14)ê

 

[such] a certificate, permit or license may within 30 days commence an action in the district court [in and] for Carson City against the commission to vacate and set aside [such] the order on the ground that [such] the order is unlawful or unreasonable.

      5.  The proceedings thereafter [shall be] are governed by the provisions of NRS 706.706 to 706.726, inclusive.

      Sec. 3.  NRS 706.267 is hereby repealed.

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

 

________

 

 

CHAPTER 18, AB 32

Assembly Bill No. 32–Committee on Ways and Means

CHAPTER 18

AN ACT making an appropriation from the state highway fund to the state general fund for the repayment of the current value of advances made for capital improvements and equipment to maintain roads; and providing other matters properly relating thereto.

 

[Approved February 24, 1983]

 

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 highway fund to the state general fund the sum of $7,346,500 for repayment of the current value of advances made for capital improvements and equipment to maintain roads.

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

 

________

 

 

CHAPTER 19, AB 8

Assembly Bill No. 8–Committee on Judiciary

CHAPTER 19

AN ACT relating to executions; correcting references to the minimum wage; removing the specified rate of interest from the form for a writ of execution on a judgment for money; and providing other matters properly relating thereto.

 

[Approved February 28, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 21.025 is hereby amended to read as follows:

      21.025  A writ of execution issued on a judgment for the recovery of money must be substantially in the following form:

 

(Title of the Court)

Number and abbreviated title of the case)

                                                                                                                               EXECUTION

 

THE PEOPLE OF THE STATE OF NEVADA:

 


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

ê1983 Statutes of Nevada, Page 98 (Chapter 19, AB 8)ê

 

To the sheriff of ............................... County.

Greetings:

On ........................................................., 19......, a judgment was entered by the above-entitled court in the above-entitled action in favor of .................................. as judgment creditor and against .................................. as judgment debtor for

$.................. principal,

$.................. attorney fees,

$.................. interest, and

$.................. costs, making a total amount of

$.................. the judgment as entered, and

      WHEREAS, according to an affidavit or a memorandum of costs after judgment, or both, filed herein, it appears that further sums have accrued since the entry of judgment, to wit:

$.................. accrued interest, and

$.................. accrued costs, together with $.................. fee, for the issuance of this writ, making a total of

$.................. as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions in the amount of $.................. which is to be first credited against the total accrued costs and accrued interest, with any excess credited against the judgment as entered, leaving a net balance of $.................. actually due on the date of the issuance of this writ, of which $.................. bears interest at [7] ................. percent per annum, in the amount of $.................. per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.

      NOW, THEREFORE, SHERIFF OF ................. COUNTY, you are hereby commanded to satisfy this judgment with interest and costs as provided by law, out of the personal property of the judgment debtor, except that for any pay period, 75 percent of the disposable earnings of the debtor during this period [, or the amount by which his disposable earnings for this period exceed] or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to the debtor in the aforesaid county, and make return to this writ within not less than 10 days nor more than 60 days endorsed thereon with what you have done.

      Dated: This ............... day of ......., 19.....

 


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

ê1983 Statutes of Nevada, Page 99 (Chapter 19, AB 8)ê

 

                                                                          ................................................................., Clerk.

                                                                    By...................................................., Deputy Clerk.

      Sec. 2.  NRS 21.090 is hereby amended to read as follows:

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

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

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

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

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

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

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

 


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

ê1983 Statutes of Nevada, Page 100 (Chapter 19, AB 8)ê

 

held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000, and if they exceed that sum a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $75,000 in value, where the dwelling is situate upon lands not owned by him.

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

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.

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

 

________

 

 

CHAPTER 20, AB 7

Assembly Bill No. 7–Committee on Judiciary

CHAPTER 20

AN ACT relating to exemptions from service as jurors; removing an exemption which conflicts with the general limitation; and providing other matters properly relating thereto.

 

[Approved February 28, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 6.020 is hereby amended to read as follows:

      6.020  1.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others except as provided in subsection 2, are exempt from service as grand or trial jurors;

      (a) Any federal or state officer.

      (b) Any judge, justice of the peace or attorney at law.

      (c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.

      (d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.

      (e) Any officer or correctional officer employed by the department of prisons.

 


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

ê1983 Statutes of Nevada, Page 101 (Chapter 20, AB 7)ê

 

      (f) Any [member or] employee of the legislature or the legislative counsel bureau while the legislature is in session.

      2.  All persons of the age of 65 or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.

      Sec. 2.  NRS 412.148 is hereby amended to read as follows:

      412.148  Active members of the Nevada National Guard are exempt from [jury duty and] service on any posse comitatus.

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

 

________

 

 

CHAPTER 21, AB 10

Assembly Bill No. 10–Committee on Judiciary

CHAPTER 21

AN ACT relating to takeover bids for private corporations; repealing requirement to disclose the intent to make a public offer for the shares of a corporation; and providing other matters properly relating thereto.

 

[Approved February 28, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 78.3772 is hereby amended to read as follows:

      78.3772  1.  The period of time within which shares may be deposited pursuant to a takeover bid must not be less than 10 days nor more than 60 days from the date of the first invitation to deposit shares.

      2.  Shares deposited pursuant to a takeover bid may be withdrawn by an offeree or his attorney-in-fact by demand in writing on the offeror or the depository at any time within 7 days from the date of the first invitation to deposit shares.

      3.  Where a takeover bid is made for less than all the shares of a class and where a greater number of shares is deposited pursuant thereto, within 10 days after the takeover bid is first published or given to the offerees, or within a longer period if specified in the takeover bid or in an amendment to the bid, than the offeror is bound or willing to take up and pay for, the shares taken up by the offeror must be taken up as nearly as may be pro rata, disregarding fractions, according to the number of shares deposited.

      4.  Where an offeror varies the terms of a takeover bid before the expiration thereof by increasing the consideration offered, the offeror shall pay the increased consideration to each offeree whose securities are taken up even if they have been taken up and paid for before the variation of the takeover bid.

      [5.  Where a takeover bid is sent by mail to offerees, it must be accompanied by a copy of the statement filed with the resident agent pursuant to NRS 78.3771.]

 


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

ê1983 Statutes of Nevada, Page 102 (Chapter 21, AB 10)ê

 

      Sec. 2.  NRS 78.3774 is hereby amended to read as follows:

      78.3774  1.  As used in this section, “damages” means an amount equal to the market value of the shares acquired by the offeror plus any dividends or interest paid thereon to the offeror or any person holding under him and minus the consideration received for the shares from the offeror. For the purpose of paragraph (b) of subsection 3, market value is measured on the date the action is commenced. For the purpose of subsection 6, market value is measured on the date when the offer to pay damages is made.

      2.  Any offeror who:

      (a) Makes a takeover bid which does not comply with the provisions of NRS [78.3771 or] 78.3772; or

      (b) Makes a takeover bid by means of an untrue statement of a material fact or any omission to state a material fact necessary to make the statements made, in the light of the circumstances under which they were made, not misleading, where the offeree does not know of [such] the untruth or omission, and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of [such] the untruth or omission,

is liable to any offeree whose shares are taken up pursuant to the takeover bid.

      3.  An offeree who is entitled to recover pursuant to subsection 2 may bring an action:

      (a) To recover [such] the shares, if the offeror still owns them, together with all dividends or interest received thereon, costs and reasonable attorneys’ fees, upon the tender of the consideration received from the offeror; or

      (b) For the substantial equivalent in damages.

      4.  Every person who materially participates or aids in a takeover bid made by an offeror liable under subsection 2, or who directly or indirectly controls any offeror so liable, is also liable jointly and severally with and to the same extent as the offeror [so liable,] unless the person who so participates, aids or controls sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There [shall be] is contribution as in cases of contract among the several persons so liable.

      5.  Any tender specified in this section may be made at any time before entry of judgment.

      6.  If any person liable by reason of subsection 2 or 4 makes a written offer, before suit is brought, to return the shares taken up pursuant to the takeover bid, together with all dividends or interest received thereon, upon the tender of the consideration received from the offeror, or to pay damages if the offeror no longer owns [such] the shares, an offeree is not entitled to maintain a suit under this section if he has refused or failed to accept [such] the offer within 30 days of its receipt.

      Sec. 3.  NRS 78.3775 is hereby amended to read as follows:

      78.3775  1.  Every nonresident offeror, except a foreign corporation which has appointed and keeps a resident agent in this state, shall be deemed to have appointed the secretary of state as his agent upon whom may be served any demand, legal process, notice or order authorized by NRS 78.376 to 78.3778, inclusive, with the same effect as though served upon the offeror personally in this state.

 


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

ê1983 Statutes of Nevada, Page 103 (Chapter 21, AB 10)ê

 

be deemed to have appointed the secretary of state as his agent upon whom may be served any demand, legal process, notice or order authorized by NRS 78.376 to 78.3778, inclusive, with the same effect as though served upon the offeror personally in this state.

      2.  Service pursuant to subsection 1 [shall] must be accomplished by [:

      (a) Delivering] delivering a copy of the [paper or papers] papers to be served to the secretary of state . [; and

      (b) If a statement has been filed pursuant to NRS 78.3771, mailing a copy of the paper or papers served to the offeror at the address given in such statement, by certified or registered mail return receipt requested.]

      3.  In all cases where legal process is served pursuant to this section, the party so served is entitled to 40 days, exclusive of the day of service, within which to answer or plead.

      4.  This section provides an additional manner of serving process and does not invalidate any other service.

      Sec. 4.  NRS 78.3778 is hereby amended to read as follows:

      78.3778  1.  Any offeror who makes a takeover bid which does not comply with the provisions of NRS [78.3771 and] 78.3772 is guilty of a gross misdemeanor.

      2.  Each offer in violation of NRS 78.376 to 78.3778, inclusive, by advertisement or to a particular offeree constitutes a separate offense under this section.

      Sec. 5.  NRS 78.3771 is hereby repealed.

      Sec. 6.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 22, AB 9

Assembly Bill No. 9–Committee on Judiciary

CHAPTER 22

AN ACT relating to tort claims against local governments; relaxing requirements of notice; and providing other matters properly relating thereto.

 

[Approved February 28, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.036 is hereby amended to read as follows:

      41.036  1.  No action may be brought under NRS 41.031 [against a county without complying with the requirements of NRS 244.245 to 244.255, inclusive, or against a city without complying with the requirements of NRS 268.020, or against an unincorporated town without complying with the provisions of NRS 269.085, or] against the state or any agency or other political subdivision of the state without complying with the requirements of subsection 2 or 3 of this section.

      2.  Each person who has a claim against the state or any of its agencies arising out of a tort [shall] must file his claim within 2 years from the time the cause of action accrues with the ex officio clerk of the state board of examiners.

 


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

ê1983 Statutes of Nevada, Page 104 (Chapter 22, AB 9)ê

 

from the time the cause of action accrues with the ex officio clerk of the state board of examiners. He shall within 10 days deliver a copy of the claim to the risk management division of the department of administration, and refer the claim to the appropriate state agency, office or officer for investigation and report of findings to the board.

      3.  Each person who has a claim against any political subdivision of the state arising out of a tort [shall] must file his claim within 2 years from the time the cause of action accrues with the governing body of that political subdivision.

      4.  The filing of a claim in tort against the state or a political subdivision as required by subsections 2 and 3 is not a condition precedent to bringing an action pursuant to NRS 41.031.

 

________

 

 

CHAPTER 23, AB 11

Assembly Bill No. 11–Committee on Judiciary

CHAPTER 23

AN ACT relating to homesteads; clarifying ambiguities in certain statutory provisions; and providing other matters properly relating thereto.

 

[Approved February 28, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead, consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding $75,000 in value, to be selected by the husband and wife, or either of them, other head of a family, or other single person claiming the homestead, is not subject to forced sale on execution, or any final process from any court, except as provided by subsection 2.

      2.  The exemption provided in subsection 1 does not extend to

process to enforce the payment of obligations contracted for the purchase [money for] of the premises, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes , [imposed thereon,] or for : [the payment of:]

      (a) Any mortgage or deed of trust thereon executed and given; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,

by both husband and wife, when that relation exists.

      [2.]3.  Any declaration of homestead which has been filed before July 1, 1981, [is] shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the value of the property selected and claimed for the exemption up to the value permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 1981.

 


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

ê1983 Statutes of Nevada, Page 105 (Chapter 23, AB 11)ê

 

      Sec. 2.  NRS 115.040 is hereby amended to read as follows:

      115.040  1.  [The exemption does not extend to any mechanic’s, laborer’s or vendor’s lien lawfully obtained.

      2.]  A mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, is not valid for any purpose, unless the signature of the husband and wife, when that relationship exists, is obtained to the mortgage or alienation and their signatures are properly acknowledged.

      [3.]2.  The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, other head of a family, or other single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the homestead is required to be recorded.

      [4.]3.  If either spouse is not a resident of this state, his signature and the acknowledgment thereof is not necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.

      Sec. 3.  NRS 115.060 is hereby amended to read as follows:

      115.060  1.  [The] Except as otherwise required by subsection 4 of NRS 115.020, the homestead and all other property exempt by law from sale under execution, [shall,] must, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his benefit and that of his legitimate child or children. [In the event] If there is no surviving spouse or legitimate child of either, then the property [shall be] is subject to administration and to the payment of his debts and liabilities.

      2.  The provisions of subsection 1 also apply to a single person with respect to his minor brothers or sisters, or both, or of a brother’s or sister’s minor children, or of a father or mother, or of grandparents, or unmarried sisters who were living in his house and under his care and maintenance at the time of his death, but in all such cases the right of enjoyment conferred by subsection 1 [shall cease] ceases upon the cessation of the terms upon which it was granted.

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

 

________

 

 


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

ê1983 Statutes of Nevada, Page 106ê

 

CHAPTER 24, AB 262

Assembly Bill No. 262–Committee on Legislative Functions

CHAPTER 24

AN ACT relating to the duties of the secretary of state; permitting display of the enrolled copy of the state constitution in the legislative building; and providing other matters properly relating thereto.

 

[Approved March 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 225.070 is hereby amended to read as follows:

      225.070  1.  The secretary of state has custody of and shall carefully preserve in the division of the state, county and municipal archives of the Nevada state library or in his office:

      (a) The enrolled copy of the constitution of the State of Nevada [.] , except as permitted by subsection 3.

      (b) The description of the state seal and other seals of which a description may be required to be deposited in his office.

      (c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.

      (d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.

      (e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.

      (f) All the books, records, parchments, maps, registers and papers required to be deposited or kept in his office.

      (g) All deeds and conveyances belonging to the state.

      (h) All official bonds approved by the governor.

      (i) All written contracts to which the state is a party, except those required to be deposited elsewhere.

      2.  The deeds, conveyances and official bonds must be recorded in well-bound books, and the original papers , except as permitted by subsection 3, must not be permitted to be taken out of the office or the division of state, county and municipal archives for any reason whatever, unless in the possession of the secretary of state or his deputy.

      3.  The enrolled copy of the constitution may be displayed within the legislative building when the legislature is in session.

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

 

________

 

 


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

ê1983 Statutes of Nevada, Page 107ê

 

CHAPTER 25, AB 104

Assembly Bill No. 104–Committee on Commerce

CHAPTER 25

AN ACT relating to corporations not for profit; eliminating a conflict with NRS 81.007 concerning the payment of filing fees; and providing other matters properly relating thereto.

 

[Approved March 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 81.290 is hereby amended to read as follows:

      81.290  1.  Any number of citizens of the United States, not less than three, who desire to associate themselves for the purpose of engaging in educational, religious, scientific, charitable or eleemosynary activities, or a combination of such activities, may make, sign and acknowledge, before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which [shall] must be stated:

      (a) The name or title by which [such] the corporation, association or society [shall] is to be known in law.

      (b) That it is a nonprofit corporation, organized solely for educational, religious, scientific or general charitable and eleemosynary purposes or for a combination of educational, religious, scientific and charitable purposes.

      (c) The county in this state where the principal office for the transaction of the business of the corporation is to be located.

      (d) The number of trustees, which [shall] must not be less than three; their term of office; and how they are to be chosen, except that in the case of an educational corporation, the method of selection of trustees may be provided in the bylaws.

      (e) The names and residences of the trustees chosen for the first year.

      (f) Any other matter which [it is provided in] NRS 81.290 to 81.340, inclusive, [may or should] permits or requires to be set out in the articles of incorporation.

      2.  [The secretary of state shall make no charge for the filing of the certificate.

      3.]  For the purposes of this section:

      (a) “Educational activities” includes the activities of an association composed of the alumni of an educational institution.

      (b) “Charitable activities” includes the operation of a hospital, although fees are charged for goods and services furnished.

      Sec. 2.  NRS 81.350 is hereby amended to read as follows:

      81.350  [1.]  Any five or more persons, citizens of the United States and residents of [the State of Nevada, who shall] this state, who desire to associate themselves for the purpose of engaging in the advancement of civic, commercial, industrial and agricultural interests of the state, or any city, town or county therein, may make, sign and acknowledge, before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which [shall] must be stated:

 

 


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

ê1983 Statutes of Nevada, Page 108 (Chapter 25, AB 104)ê

 

in this state, and file in the office of the secretary of state a certificate in writing in which [shall] must be stated:

      [(a)]1.  The name or title by which [such] the corporation, association or society [shall] is to be known in law.

      [(b)]2.  That it is a nonprofit corporation, organized solely for the advancement of civic, commercial, industrial and agricultural activities.

      [(c)]3.  The county in this state where the principal office for the transaction of the business of the corporation is to be located.

      [(d)]4.  The number of trustees, which [shall] must not be less than [5;] five; their term of office, which [shall] must not exceed 6 years; and how they are to be chosen.

      [(e)]5.  The names and residences of the trustees chosen for the first year.

      [(f)]6.  Any other matter which [it is provided in] NRS 81.350 to 81.400, inclusive, [may or should] permits or requires to be set out in the articles of incorporation.

      [2.  The secretary of state shall make no charge for the filing of the certificate.]

 

________

 

 

CHAPTER 26, AB 47

Assembly Bill No. 47–Committee on Judiciary

CHAPTER 26

AN ACT relating to statutes; making technical corrections to certain inappropriate or inaccurate statutory terms; and providing other matters properly relating thereto.

 

[Approved March 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 1.440 is hereby amended to read as follows:

      1.440  1.  The commission on judicial discipline has exclusive jurisdiction over the censure, removal and involuntary retirement of justices of the peace and judges of municipal courts which is coextensive with its jurisdiction over justices of the supreme court and judges of the district courts and [shall] must be exercised in the same manner and under the same rules.

      2.  The supreme court may appoint two justices of the peace or two police judges or municipal [court] judges to sit on the commission for proceedings against a justice of the peace or a police judge or municipal [court] judge, respectively. Justices or judges so appointed [shall] must be designated by an order of the supreme court to sit for such proceedings in place of and to serve for the same terms as the regular members of the commission appointed by the supreme court.

      Sec. 2.  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 Judicial College [of the State Judiciary] in Reno, Nevada, or elsewhere:

 

 


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

ê1983 Statutes of Nevada, Page 109 (Chapter 26, AB 47)ê

 

chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial 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.

      (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. 3.  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 Judicial 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. 4.  NRS 7.125 is hereby amended to read as follows:

      7.125  1.  Except as limited by subsections 2 to 4, inclusive, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee in accordance with the following schedule:

      (a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $20 per hour.

      (b) For court appearances, $30 per hour.

      2.  The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:

 

 


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

ê1983 Statutes of Nevada, Page 110 (Chapter 26, AB 47)ê

 

number of offenses charged or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $2,500;

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $1,000;

      (c) If the most serious crime is a misdemeanor, $300;

      (d) For an appeal of one or more misdemeanor convictions, $300; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $1,000.

      3.  An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $300.

      4.  As used in this subsection “extraordinary circumstances” means financial burdens and hardships far in excess of those normally attendant upon the defense of indigent persons. If the appointing court deems it appropriate because of extraordinary circumstances to grant a fee in excess of the applicable maximum, the payment may be made only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district [court] judge who holds seniority in years of service in office.

      5.  The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.

      6.  A claim made pursuant to this section must not be paid unless it is submitted within 60 days after the appointment is terminated and a statement made under oath is submitted specifying:

      (a) The amount of time spent on the matter;

      (b) The type of service rendered;

      (c) The amount of expenses incurred; and

      (d) Any compensation or reimbursement which is applied for or received from any other source.

      Sec. 5.  NRS 7.135 is hereby amended to read as follows:

      7.135  The attorney appointed by a magistrate or district court to represent a defendant is entitled, in addition to the fee provided by NRS 7.125 for his services, to be reimbursed for expenses reasonably incurred by him in representing the defendant and may employ, subject to the prior approval of the magistrate or the district court in an ex parte application, such investigative, expert or other services as may be necessary for an adequate defense. Compensation to any person furnishing such investigative, expert or other services must not exceed $300, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is:

 

 


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

ê1983 Statutes of Nevada, Page 111 (Chapter 26, AB 47)ê

 

$300, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is:

      1.  Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before him, as necessary to provide fair compensation for services of an unusual character or duration; and

      2.  Approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no presiding judge, by the district [court] judge who holds seniority in years of service in office.

      Sec. 6.  NRS 40.160 is hereby amended to read as follows:

      40.160  1.  Any person who [shall cut] cuts down or [carry] carries of any wood or underwood, tree or timber, or [girdle] girdles or otherwise [injure] injures any tree or timber on the land of another person, or on the street or highway in front of any person’s house, [village or] city or town lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, [shall be] is liable to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor, in a civil action in any court having jurisdiction.

      2.  Nothing in subsection 1 of this section [shall authorize] authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining it.

      Sec. 7.  NRS 41.610 is hereby amended to read as follows:

      41.610  The purchaser of a substance which has not been approved as a drug by the Food and Drug Administration [of the United States Department of Health, Education and Welfare] but which has been licensed for manufacturer in this state has a cause of action against the seller or manufacturer for any misrepresentation of its therapeutic effect made directly to him or by publication.

      Sec. 8.  NRS 43.080 is hereby amended to read as follows:

      43.080  “Municipality” means the State of Nevada, or any corporation, instrumentality or other agency thereof, or any incorporated city or town, any unincorporated [city or] town, or any county, school district, conservancy district, drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this state, housing authority, urban renewal authority, other type of authority, the University of Nevada, the board of regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.

      Sec. 9.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  Whenever a person is charged with an offense punishable under chapters 453 or 484 of NRS and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance as defined in chapter 453 of NRS, the district attorney or city attorney may request that the affidavit of a person qualified as provided in NRS 50.315 be admitted in evidence at the trial of or preliminary examination into the offense.

 


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

ê1983 Statutes of Nevada, Page 112 (Chapter 26, AB 47)ê

 

      2.  [Such request shall] The request must be made at least 10 days prior to the date set for such trial examination and [shall] must be sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney.

      3.  If such defendant, or his counsel, notifies the district attorney or city attorney by registered or certified mail at least 96 hours prior to the date set for such trial examination that the presence of such person is demanded, the affidavit [shall] must not be admitted.

      4.  If at the trial or preliminary examination the affidavit of an expert has been admitted in evidence, and it appears to be in the interest of justice that such expert be examined or cross-examined in person, the district [court] judge or justice of the peace may adjourn the trial or preliminary examination for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. The time within which a preliminary examination or trial is required is extended by the time of such adjournment.

      Sec. 10.  NRS 62.034 is hereby amended to read as follows:

      62.034  1.  Each district judge who is first elected or appointed after July 1, 1981, in a judicial district which has one judge, and each other district judge who is first assigned after July 1, 1981, to be the judge of the juvenile court in his judicial district, shall attend instruction at the National College of Juvenile Justice in Reno, Nevada, in a course designed for the training of new judges of juvenile courts unless he has previously attended such a course.

      2.  Each judge to whom this section applies shall attend the instruction provided when it is offered for the first time after his election, appointment or assignment, unless he is excused by written order of the [chief] presiding judge of his judicial district, or if the judicial district has but one judge, by a justice of the supreme court.

      3.  Each county shall pay to the supreme court for this purpose the county’s pro rata share of the cost of this instruction.

      Sec. 11.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is neglected because:

             (1) He has been abandoned by his parents, guardian, or other custodian;

             (2) He is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being, or he is suffering from congenital drug addiction or the fetal alcohol syndrome, because of the faults or habits of his parents, guardian or other custodian or their neglect or refusal, when able to do so, to provide them;

             (3) He has been subjected to physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment constituting abuse and neglect as defined in NRS 200.5011, by a person who is responsible for his welfare under circumstances which indicated that his health or welfare is harmed or threatened thereby:

 

 


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

ê1983 Statutes of Nevada, Page 113 (Chapter 26, AB 47)ê

 

circumstances which indicated that his health or welfare is harmed or threatened thereby:

             (4) His parents, guardian, or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization or other physical or mental incapacity; or

             (5) He has been placed for care or adoption in violation of law.

      (b) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

      (c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:

             (1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.

      (d) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  This chapter does not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.

      3.  This chapter does not deprive justices’ courts and municipal courts in any county having a population of 250,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

      (a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in those proceedings; and

      (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of the [juvenile court judge or judges] judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.

      4.  Action taken by the juvenile court pursuant to the jurisdiction conferred by subparagraph (3) of paragraph (a) of subsection 1 does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts and circumstances.

 


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

ê1983 Statutes of Nevada, Page 114 (Chapter 26, AB 47)ê

 

      Sec. 12.  NRS 62.090 is hereby amended to read as follows:

      62.090  1.  The judge, in his discretion, may appoint any person qualified by previous experience, training and demonstrated interest in youth welfare as master. The master, upon the order of the judge in proceedings arising under the provisions of this chapter, may swear witnesses and take evidence.

      2.  Each master who is first appointed after July 1, 1981, shall attend instruction at the National College of Juvenile Justice in Reno, Nevada, in a course designed for the training of new [juvenile court] judges of the juvenile courts on the first occasion when such instruction is offered after he is appointed, unless excused by written order of the judge who appointed him or his successor, which order must be filed with the court administrator. The order is final for all purposes.

      3.  The compensation of a master in juvenile sessions may not be taxed against the parties, but when fixed by the judge must be paid out of appropriations made for the expenses of the district court.

      4.  The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by the master in the same manner as in the district court. Within 10 days after the evidence before him is closed, the master shall file with the judge all papers relating to the case, written findings of fact and recommendations.

      5.  Notice in writing of the master’s findings and recommendations, together with the notice of right of appeal as provided in this section, must be given by the master, or someone designated by him to the parent, guardian or custodian, if any, of the child, or to any other person concerned. A hearing by the court must be allowed upon the filing with the court by such person of a request for a hearing if the request is filed within 5 days after the giving of the notice. If no hearing by the court is requested, the findings and recommendations of the master, when confirmed or modified by an order of the court, become a decree of the court.

      Sec. 13.  NRS 62.115 is hereby amended to read as follows:

      62.115  1.  The director of juvenile services shall, with the advice and recommendation of the probation committee, appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department, the detention home and other commitment facilities administered or financed by the county. If more than one probation officer is appointed, one of them must be designated as chief probation officer. All probation officers and detention personnel must be appointed from lists of eligible persons established through competitive examinations.

      2.  Probation officers and employees are subject to dismissal or reduction in position by the director of juvenile services. Probation officers and employees may be reduced in position irrespective of their length of service only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with less than 12 months’ service may be dismissed only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto.

 


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ê1983 Statutes of Nevada, Page 115 (Chapter 26, AB 47)ê

 

dismissed only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with 12 months or more of service may be dismissed only for cause and are entitled to the hearing and appeal procedure contained in NRS 62.117.

      3.  Whenever the director of juvenile services serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers must be allocated between the counties by the director of juvenile services.

      4.  The salaries of the probation officers, [detention home] personnel of the detention home and other employees must be fixed by the director of juvenile services with the advice of the probation committee, approval of the [juvenile court judge or judges,] judge of the juvenile court and consent of the board or boards of county commissioners.

      Sec. 14.  NRS 62.123 is hereby amended to read as follows:

      62.123  1.  The judge or judges of each judicial district which includes a county having a population of 250,000 or more shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of human resources, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services may also be responsible for carrying out preventive programs relating to juvenile delinquency. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.

      2.  The director of juvenile services must be appointed by the [juvenile court judge or judges] judge of the juvenile division from a list of candidates recommended by the probation committee.

      3.  The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.

      4.  The director of juvenile services is entitled to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the [juvenile court judge or judges,] judge of the juvenile division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.

      5.  The salary of the director of juvenile services must be fixed by the [juvenile court judge or judges,] judge of the juvenile division, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.

 


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      Sec. 15.  NRS 62.180 is hereby amended to read as follows:

      62.180  1.  Provision [shall] must be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency; or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.

      2.  [Authority hereby is granted for any county to] Except as provided in this subsection, any county may provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children, subject to the provisions of this chapter . [; provided:

      (a) That in] In counties having a population of 20,000 or more, the boards of county commissioners [are directed to] shall provide the detention facilities . [, as aforesaid, within 2 years after the official report of the first census conducted for determination of such population following July 1, 1973; and

      (b) That two] Two or more counties, without regard to their respective populations, may provide a combined detention home [, as aforesaid,] under suitable terms agreed upon between the respective boards of county commissioners and the [juvenile court] judges of the juvenile court regularly sitting in the judicial districts covering the counties.

      3.  Any detention home, built and maintained under [the authority of] this chapter, [shall] must be constructed and conducted as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution, nor, in counties having a population of 20,000 or more, [shall] may it be adjoining or on the same grounds, as a prison, jail or lockup.

      [4.  Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, or by any other statewide census conducted pursuant to law or rules and regulations adopted under law.]

      Sec. 16.  NRS 62.321 is hereby amended to read as follows:

      62.321  1.  Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of the child, compensation for the care of the child while in such custody, when approved by order of the court, is a charge upon the county where the child has a legal residence. If a female child is committed to a private institution within the state, any compensation for the care of the child which is not paid by a parent must be paid by the state from money budgeted for by and appropriated to the Nevada girls training center [division] bureau of the youth services [agency] division of the department of human resources. A commitment must not be made to such a private institution until the court has ascertained from the superintendent of the institution that sufficient money is available for such compensation. This subsection does not prohibit the payment of compensation by the Nevada girls training center [division] bureau from money appropriated for that purpose to schools outside the state to which female children are committed pursuant to the provisions of NRS 210.580.

 


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ê1983 Statutes of Nevada, Page 117 (Chapter 26, AB 47)ê

 

training center [division] bureau from money appropriated for that purpose to schools outside the state to which female children are committed pursuant to the provisions of NRS 210.580.

      2.  Notwithstanding any provision made by the law of this state for the support of such children, after the parent has been given a reasonable opportunity to be heard, the court may order and decree that the parent pay, in such a manner as the court may direct and within the parent’s ability to pay, a sum of money to cover in whole or in part the support of the child. If the parent willfully fails or refuses to pay the sum, the court may proceed against him for contempt of court.

      3.  Whenever the court orders the parent or parents of a child to pay for the support of a child, as provided in this section, the money must be paid to the superintendent or fiscal officer of the institution to which the child is committed.

      Sec. 17.  NRS 78.020 is hereby amended to read as follows:

      78.020  1.  Insurance companies, mutual fire insurance companies, surety companies, express companies and railroad companies may be formed under this chapter . [; provided:

      (a) That no corporation formed for the purpose of conducting such business shall transact] But such a corporation may not:

      (a) Transact any such business within [the State of Nevada until such corporation has] this state until it has first complied with all laws [now in effect or hereafter enacted] concerning or affecting the right to engage in such business . [; and

      (b) That such corporation shall not infringe] (b) Infringe the laws of [such] any other state or country in which it may intend to engage in business, by so incorporating under this chapter.

      2.  No trust company, [building] savings and loan association, or corporation organized for the purpose of conducting a banking business [shall] may be organized under this chapter.

      Sec. 18.  NRS 179.465 is hereby amended to read as follows:

      179.465  1.  Any investigative or law enforcement officer who, by any means authorized by NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer or use such contents to the extent that such disclosure or use is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

      2.  Any person who has received, by any means authorized by NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive, or by a statute of any other state, any information concerning a wire or oral communication, or evidence derived therefrom intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court or before any grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.

      3.  An otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of NRS 179.410 to 179.515, inclusive, or 18 U.S.C.

 


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in accordance with, or in violation of, the provisions of NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive, does not lose its privileged character.

      4.  When an investigative or law enforcement officer engaged in intercepting wire or oral communications as authorized by NRS 179.410 to 179.515, inclusive, intercepts wire or oral communications relating to offenses other than those specified in the order provided for in NRS 179.460, the contents of such communications and the evidence derived therefrom may be disclosed or used as provided in subsection 1. The direct evidence derived from such communications [shall be] is inadmissible in a criminal proceeding, but any other evidence obtained as a result of knowledge obtained from such communications may be disclosed or used as provided in subsection 2 when authorized or approved by a [supreme court] justice of the supreme court or district [court] judge who finds upon application made as soon as practicable that the contents of such communications were intercepted in accordance with the provisions of NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive.

      Sec. 19.  NRS 179.470 is hereby amended to read as follows:

      179.470  1.  Each application for an order authorizing the interception of a wire or oral communication [shall] must be made in writing upon oath or affirmation to a [supreme court] justice of the supreme court or district [court] judge and [shall] must state the applicant’s authority to make such application. Each application [shall] must include the following information:

      (a) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application.

      (b) A full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order shall be issued, including:

             (1) Details as to the particular offense that is being, has been or is about to be committed.

             (2) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, the facilities to be used and the means by which such interception is to be made.

             (3) A particular description of the type or communications sought to be intercepted.

             (4) The identity of the person, if known, who is committing, has committed or is about to commit an offense and whose communications are to be intercepted.

      (c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.

      (d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter.

 


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      (e) A full and complete statement of the facts concerning all previous applications known to the [individual] person authorizing and making the application made to any judge for authorization to intercept wire or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application.

      (f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

      2.  The judge may require the applicant to furnish additional testimony or documentary evidence under oath or affirmation in support of the application. Oral testimony [shall] must be reduced to writing.

      3.  Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire or oral communications within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that:

      (a) There is probable cause for belief that [an individual] a person is committing, has committed or is about to commit an offense for which interception is authorized by NRS 179.460.

      (b) There is probable cause for belief that particular communications concerning that offense will be obtained through such interception.

      (c) Normal investigate procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or appear to be too dangerous.

      (d) There is probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be intercepted are being used or are about to be used by such person in connection with the commission of such offense or are leased to, listed in the name of, or commonly used by such person.

      Sec. 20.  NRS 179.495 is hereby amended to read as follows:

      179.495  1.  Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the [director of the commission on crimes, delinquency and correction,] chief of the investigation division of the department of motor vehicles, persons named in the order and any other parties to intercepted communications, an inventory which [shall] must include notice of:

      (a) The fact of the entry and a copy of the order.

      (b) The fact that during the period wire or oral communications were or were not intercepted.

The inventory filed [with the commission on crimes, delinquency and corrections] pursuant to this section [shall be deemed] is confidential and [shall] must not be released for inspection unless subpenaed by a court of competent jurisdiction.

      2.  The judge, upon receipt of a written request from any person who was a party to an intercepted communication or from such person’s attorney, shall make available to such person or his counsel those portions of the intercepted communications which contain his conversation.

 


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ê1983 Statutes of Nevada, Page 120 (Chapter 26, AB 47)ê

 

portions of the intercepted communications which contain his conversation. On an ex parte showing of good cause to a district [court] judge, the serving of the inventory required by this section may be postponed for such time as the judge may provide.

      Sec. 21.  NRS 179.515 is hereby amended to read as follows:

      179.515  1.  In January of each year, the attorney general and the district attorney of each county shall report to the Administrative Office of the United States Courts the information required to be reported pursuant to 18 U.S.C. § 2519. A copy of the report must be filed with the investigation division of the department of motor vehicles. In the case of a joint application by the attorney general and a district attorney both shall make the report.

      2.  Every justice of the supreme court or district [court] judge who signs an order authorizing or denying an interception shall, within 30 days after the termination of the order or any extension thereof, file with the investigation division of the department of motor vehicles on forms approved by the division a report containing the same information required to be reported pursuant to 18 U.S.C. § 2519. The report must also indicate whether a party to an intercepted wire communication had consented to the interception.

      3.  The willful failure of any officer to report any information known to him which is required to be reported pursuant to subsection 1 or 2 constitutes malfeasance in office and, in such cases, the secretary of state shall, when the wrong becomes known to him, institute legal proceedings for the removal of that officer.

      4.  The investigation division of the department of motor vehicles shall, on or before April 30 of each year, compile a report consisting of a summary and analysis of all reports submitted to the division pursuant to this section during the previous calendar year. The report is a public record and may be inspected by any person during the regular office hours of the division.

      Sec. 22.  NRS 200.260 is hereby amended to read as follows:

      200.260  Every person who [shall make or keep] makes or keeps gunpowder or any other explosive substance in a city or [village] town in any quantity or manner prohibited by law or by ordinance of such municipality commits manslaughter if an explosion thereof [shall occur] occurs whereby the death of a human being is occasioned, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 23.  NRS 200.620 is hereby amended to read as follows:

      200.620  1.  Except as otherwise provided in NRS 179.410 to 179.515, inclusive, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:

      (a) Such interception or attempted interception is made with the prior consent of one of the parties to the communication; and

      (b) An emergency situation exists wherein it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, prior to the interception, in which event the interception [shall be] is subject to the ratification requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that such communication was intercepted and that, upon application to the court, ratification of such interception was denied.

 


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ê1983 Statutes of Nevada, Page 121 (Chapter 26, AB 47)ê

 

for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that such communication was intercepted and that, upon application to the court, ratification of such interception was denied.

      2.  This section does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for such communication where the interception or attempted interception is for the purpose of construction, maintenance, conduct or operation of the service or facilities of such person.

      3.  Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make written application to a [supreme court] justice of the supreme court or district [court] judge for ratification of such interception. The interception [shall] must not be ratified unless the applicant shows:

      (a) That an emergency situation existed wherein it was impractical to obtain a court order prior to the interception; and

      (b) That, except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.

      4.  NRS 200.610 to 200.690, inclusive, do not prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on a wire communications facility installed in the office of an official law enforcement or firefighting agency, if the equipment used for the recording is installed in a communications facility, or on a directory-listed telephone number, on which emergency calls or requests by a person or persons for response by the law enforcement or firefighting agency are likely to be received. In addition, such sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or firefighting agency from such communications facility or directory-listed number in connection with responding to the original call or request, if the agency informs the other party that the conversation is being recorded.

      Sec. 24.  NRS 220.167 is hereby amended to read as follows:

      220.167  1.  Each board of county commissioners shall provide a complete set of Nevada Revised Statutes (excluding the annotations thereto and the digest of cases except as provided in subsection 4) for each district court or department thereof and for each justice’s court or department thereof regularly established in the county, and shall provide corresponding sets of replacement or supplementary pages as issued.

      2.  The governing body of each city shall similarly provide for each department of its municipal court.

      3.  If a justice of the peace is ex officio municipal judge [,] or police judge, the county and city shall share equally the cost for his court.

      4.  The board of county commissioners shall provide a set of the annotations to Nevada Revised Statutes and the digest of cases for each district court or department thereof and for the justice’s court in each township having a population of 50,000 or more and shall provide corresponding sets of replacement or supplementary pages as issued.

 


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ê1983 Statutes of Nevada, Page 122 (Chapter 26, AB 47)ê

 

each township having a population of 50,000 or more and shall provide corresponding sets of replacement or supplementary pages as issued.

      Sec. 25.  NRS 232.151 is hereby amended to read as follows:

      232.151  1.  The state multiple use advisory committee on federal lands, consisting of members appointed by the governor, is hereby created within the division of state lands of the department.

      2.  The committee shall:

      (a) Consult with and solicit the advice of public and private users of land within this state which is under the jurisdiction of the Federal Government.

      (b) Advise agencies of this state and of the Federal Government of the effect of the agencies’ programs or regulations on the users of the land.

      (c) Cooperate with the [state] land use planning advisory council to determine problems of the users of the land.

      Sec. 26.  NRS 239A.030 is hereby amended to read as follows:

      239A.030  “Financial institution” means any banking corporation or trust company, [building and loan association,] savings and loan association, thrift company or credit union subject to regulation under the laws of this state.

      Sec. 27.  NRS 269.170 is hereby amended to read as follows:

      269.170  1.  In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power in any unincorporated town or city:

      (a) To fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person or firm so licensed, all places of business and amusement so licensed, as follows:

             (1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, [undertakers,] funeral directors and wood and coal dealers.

             (2) Bootmakers, cobblers, dressmakers, milliners, shoemakers, tailors.

             (3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.

             (4) Barrooms, gaming, manufacturers of liquors and other beverages, saloons.

             (5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dancehouses, melodeons, menageries, shooting galleries, skating rinks, theaters.

             (6) Corrals, hayyards, livery and sale stables, wagonyards.

             (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies, water companies.

             (8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

             (9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants and traders, stockbrokers.

 


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ê1983 Statutes of Nevada, Page 123 (Chapter 26, AB 47)ê

 

             (10) Drummers, hawkers, peddlers, solicitors.

             (11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      (b) To fix and collect a license tax upon all professions, trades or business within the town or city not heretofore specified.

      2.  Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, [shall constitute] constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien [shall] must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

      Sec. 28.  NRS 269.240 is hereby amended to read as follows:

      269.240  1.  The boards of county commissioners of the various counties of this state [are empowered to] may levy and collect a tax of not exceeding one-half of 1 percent upon the assessed value of property within any unincorporated [city, town or village,] town for the benefit of the police department of [such city, town or village.] the town.

      2.  The board of county commissioners shall prescribe the boundaries within which [such tax shall] the tax is to be collected, but [such boundaries shall] the boundaries must not extend beyond the limits of [such city, town or village.] the town.

      3.  The tax [shall] must be assessed and collected at the same time and by the same officers who assess and collect state and county taxes, and under the same provisions of law, and [shall] must be paid over to the county treasurer.

      4.  The county treasurer shall keep the [moneys] money in a separate fund to be denominated the police department fund. No money [shall] may be paid out of the police department fund, except by order of the town board or board of county commissioners. The town board or board of county commissioners [shall have power to] may use the police department fund in paying the expenses of [such] the police department within the boundaries of [such city, town or village,] the town, as prescribed by the county commissioners. Any warrant drawn on the police department fund, when there is not sufficient money in the treasury to pay the whole amount of [such warrant, shall be] the warrant, is void.

      5.  The town board or board of county commissioners of any county [is empowered and required to] shall appoint policemen, not exceeding two in number, in any unincorporated [city, town or village, and to] town and fix their compensation. The town board or town of county commissioners may, at any time, remove such policemen and appoint others in their place, whenever [such board shall deem] the board deems it necessary for the public good. Such policemen shall serve within the limits of [such unincorporated cities, towns and villages.]

 


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ê1983 Statutes of Nevada, Page 124 (Chapter 26, AB 47)ê

 

villages.] the unincorporated town. The board of county commissioners [shall have power to] may appoint such other special policemen as, in its judgment, the public safety may require, whose compensation [shall] must be fixed by such board, and who shall continue to serve only during the pleasure of such board. Such policemen and special policemen [shall,] have, within the limits of [such unincorporated cities, towns and villages, be invested with] the unincorporated town all the powers of making arrests which are [now] exercised [, or which may be hereafter exercised,] by peace officers according to the laws of this state . [, and within the limits of any unincorporated cities, towns and villages, as aforesaid.]

      6.  The provisions of this section [shall not be enforced, or] have no effect [,] in any [city, town or village within this state,] town unless a majority of the property holders of [such city, town or village shall petition to] the town petitions the board of county commissioners of the county wherein [such city, town or village] the town is situated, setting forth the following facts:

      (a) That the petition contains the names of the majority of the property holders of [such city, town or village, as the case may be.] the town.

      (b) That they request the appointment of such policemen and the levying of a tax of one-half of 1 percent as a compensation therefor, as provided in this section.

      7.  Upon the presentation of a petition, in compliance with the provisions of subsection 6, the board of county commissioners in which county [such city, town or village] the town is situated shall levy the tax and the town board or board of county commissioners shall make the appointment of one or more policemen, in accordance with the request of the petition.

      Sec. 29.  NRS 269.245 is hereby amended to read as follows:

      269.245  Any officer having the direction of the police in a town [or village] shall order a force sufficient to keep the peace to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended.

      Sec. 30.  NRS 269.255 is hereby amended to read as follows:

      269.255  1.  The boards of county commissioners of the various counties of this state are empowered to levy and collect a tax of not exceeding 1.5 percent upon the assessed value of the property within any unincorporated town for the benefit of the fire department in [such] the town.

      2.  The county commissioners shall prescribe the boundaries within which [such tax shall] the tax is to be collected, but [such boundaries shall] the boundaries must not extend beyond the limits of [such unincorporated town, village or city.] the town.

      3.  The tax [shall] must be assessed in the same manner and is subject to the provisions of the general laws for the assessment and collection of taxes . [, and] The tax must be collected at the same time and by the same officers who assess and collect the state and county taxes, and [shall] must be paid over to the county treasurer.

 


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ê1983 Statutes of Nevada, Page 125 (Chapter 26, AB 47)ê

 

      4.  The county treasurer shall keep the [moneys] money in a separate fund to be denominated the fire department fund. No money [shall] may be paid out of the fire department fund except by order of the town board or board of county commissioners. The town board or board of county commissioners shall use the fire department fund to aid in sustaining the fire companies within the boundaries of the town, as prescribed by the town board or board of county commissioners. No debt is authorized by this section to be made. Any warrant drawn on the fire department fund when there is not sufficient money in the treasury to pay the whole amount of the warrant [shall be] is void.

      Sec. 31.  NRS 269.260 is hereby amended to read as follows:

      269.260  1.  The policemen appointed under the provisions of NRS 269.240 [shall be] are ex officio fire wardens of the unincorporated [cities or] towns for which they are acting as policemen.

      2.  The fire wardens shall:

      (a) In the daytime, examine all houses, buildings or superstructures within the [city or] town where they are acting as fire wardens and policemen, and ascertain from personal examination the condition of all the chimneys, stovepipes, stoves, flues, ranges, grates, furnaces or other articles, or anything used in the houses, buildings or superstructures in which to hold fire or to conduct the smoke from any fire.

      (b) When any of the articles or fixtures mentioned in paragraph (a) [of this subsection] are found to be so defective in make or material, or so situated as to endanger any of the property of the [city or] town, or the property of any of the inhabitants thereof, to loss from fire by or on account of any of the defects, notify in writing the owner or occupant of the house, building or superstructure where such defective chimney, flue, stovepipe or other article is situated to repair [the same,] it, so as to prevent danger from fire to the property in the [city or] town.

      (c) Direct the manner in which the repairs required by the provisions of paragraph (b) [of this subsection shall] must be made.

      (d) Under the direction of the chief engineer of the fire department, where there is one, and where there is no chief engineer of a fire department in a [city or] town, then under the direction of the town board or board of county commissioners, examine streets, alleys, outlots and the surrounding of houses and buildings in [such city or] the town where they are acting as fire wardens, and direct the removal, by the owner of the premises, of any inflammable matter or material found thereon.

      (e) Generally, perform such duties as directed by the town board or board of county commissioners or the chief of the fire department in the [city or] town, to protect fully the property of [such city or] the town from loss by conflagration.

      Sec. 32.  NRS 269.265 is hereby amended to read as follows:

      269.265  Any person, after being notified by a fire warden to repair any defective chimney, flue, furnace, range, oven, stovepipe or fixture therewith connected so as to prevent [the same] it from endangering the property of the [city,] town [or village] from destruction or loss by fire, who [shall neglect or refuse,] neglects or refuses, for a longer time than 24 hours after notice in writing to repair [the same,] it, to comply with the order and direction of the fire warden, and [shall fail or refuse] fails or refuses to make the required repairs, shall be fined in any sum not more than $500.

 


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the property of the [city,] town [or village] from destruction or loss by fire, who [shall neglect or refuse,] neglects or refuses, for a longer time than 24 hours after notice in writing to repair [the same,] it, to comply with the order and direction of the fire warden, and [shall fail or refuse] fails or refuses to make the required repairs, shall be fined in any sum not more than $500.

      Sec. 33.  NRS 269.270 is hereby amended to read as follows:

      269.270  1.  After receiving written notice from the fire warden ordering the removal of any dangerous or inflammable material from the limits of the [city,] town , [or village,] any owner, occupant or agent in control of the premises where the dangerous or inflammable material is situated who has failed to comply or to remove such matter within 48 hours after receipt of such order shall be fined not more than $500.

      2.  The court shall then issue an order for the removal of the dangerous or inflammable material, and if the owner, occupant or agent in control of the premises fails to remove such material within 24 hours after receipt of the court order, the fire warden shall remove such material at the expense of the person [or persons] against whom the court order was issued.

      Sec. 34.  NRS 271.015 is hereby amended to read as follows:

      271.015  This chapter applies:

      1.  To any unincorporated [city or unincorporated] town.

      2.  To any [incorporated] city, including Carson City, or any incorporated town, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.

      3.  To any county for any project outside of any [incorporated] city.

      4.  To any county, city, or town for a project not specified in this chapter but which that municipality is otherwise authorized by law to acquire and defray its cost by special assessment, and to any other political subdivision of this state otherwise authorized by law to acquire a specified or described project and to defray its cost by special assessment. In such a case, this chapter provides the method of doing so, to the extent that a special procedure is not provided in the authorizing statute.

      Sec. 35.  NRS 271.115 is hereby amended to read as follows:

      271.115  1.  “Governing body” means the city council, city commission, board of county commissioners, board of trustees, board of directors, board of supervisors or other legislative body of the public body proceeding hereunder in which body the legislative powers of the public body are vested.

      2.  In the case of an unincorporated [city or] town, “governing body” means the board of county commissioners or, if appropriate, the town board.

      Sec. 36.  NRS 271.145 is hereby amended to read as follows:

      271.145  1.  “Municipality” means any county, unincorporated [city, unincorporated town, incorporated] town, city or incorporated town in the state, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type or other political subdivision to which this chapter applies.

 


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town in the state, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type or other political subdivision to which this chapter applies.

      2.  “Municipality” does not include an irrigation district or other special district governed by Title 48 of NRS. “Municipal” pertains thereto. Where the context so indicates, “municipality” means the geographical area comprising he municipality.

      Sec. 37.  NRS 277.060 is hereby amended to read as follows:

      277.060  1.  In any county having a population of 100,000 or more, any county, city, town, [unincorporated city or town,] water district, sewer or sanitation district or other political subdivision of the state authorized by law to acquire, operate and maintain water or sewage facilities, or both, or to improve a governmental service in connection therewith, may contract with one or more of these political subdivisions if the contract is authorized by each party thereto with the approval of its legislative body or other authority having the power to enter into or approve the contract.

      2.  Any such contract [shall] must set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.

      3.  The contract may:

      (a) Include, among other things, the renting of machinery and equipment, mobile or otherwise.

      (b) Provide for the payment for water facilities, sewer facilities, lands, rights in land and water rights sold, leased or otherwise alienated, the payment to be made within a period of time not exceeding 30 years from the date of the contract from the rates, fees, tolls or charges derived from the operation of the water or sewer facilities, or both, upon such terms and conditions as may be specified in the contract, without the obligation being authorized by any qualified electors of any political subdivision which is a party to the contract.

      4.  The equipment and employees of any such political subdivision, while engaged in performing any governmental service, activity or undertaking under the contract, [shall] have and retain all the rights, privileges and immunities of, and shall be deemed to be engaged in the service and employment of, that political subdivision, notwithstanding that the governmental service, activity or undertaking is being performed in or for another political subdivision.

      5.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      6.  This section, being necessary to secure and preserve the public health, safety and convenience and welfare, must be liberally construed to effect its purpose.

      Sec. 38.  NRS 277.065 is hereby amended to read as follows:

      277.065  1.  Within the limits of appropriated [funds, the state] money, the department of education, the county school districts of the various counties of the state, the Nevada youth training center [division] bureau and the Nevada girls training center [division] bureau of the youth services [agency] division of the department of human resources [are authorized to] may enter into cooperative arrangements for the purpose of improving the quality of the academic and vocational education provided at the Nevada youth training center and Nevada girls training center.

 


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various counties of the state, the Nevada youth training center [division] bureau and the Nevada girls training center [division] bureau of the youth services [agency] division of the department of human resources [are authorized to] may enter into cooperative arrangements for the purpose of improving the quality of the academic and vocational education provided at the Nevada youth training center and Nevada girls training center.

      2.  [Such] This authorization includes the right to pay over [funds] money appropriated to the Nevada youth training center or Nevada girls training center to the [state] department of education or to a county school district [or districts] when necessary to accomplish the purpose of this section.

      Sec. 39.  NRS 277.100 is hereby amended to read as follows:

      277.100  As used in NRS 277.080 to 277.180, inclusive, unless the context otherwise requires:

      1.  “Public agency” means:

      (a) Any political subdivision of this state, including without limitation counties, incorporated cities and towns, including Carson City, unincorporated [cities or] towns, school districts and other districts.

      (b) Any agency of this state or of the United States.

      (c) Any political subdivision of another state.

      (d) Any Indian tribe, group of tribes, organized segment of a tribe, or any organization representing two or more such entities.

      2.  “State” includes any of the United States and the District of Columbia.

      Sec. 40.  NRS 279.160 is hereby amended to read as follows:

      279.160  “Public body” means the state or any municipality, township, [village,] board, commission, authority, district, or any other subdivision or public body of the state.

      Sec. 41.  NRS 279.320 is hereby amended to read as follows:

      279.320  1.  All banks, trust companies, bankers, savings banks and institutions, [building and loan associations,] savings and loan associations, investment companies, and other persons carrying on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, [moneys,] money, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to NRS 279.010 to 279.380, inclusive, or by any urban renewal agency or housing authority vested with urban renewal project powers under NRS 279.360, if [such] the bonds [and] or other obligations [shall be] are secured by an agreement between the issuer and the Federal Government in which the issuer agrees to borrow from the Federal Government and the Federal Government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, [moneys] money in an amount which, together with any other [moneys] money irrevocably committed to the payment of interest on [such] the bonds or other obligations, will suffice to pay the principal of [such] the bonds or other obligations with interest to maturity thereon, which [moneys] money under the terms of such agreement [are] is required to be used for the purpose of paying the principal of and the interest on [such] the bonds or other obligations at their maturity.

 


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money under the terms of such agreement [are] is required to be used for the purpose of paying the principal of and the interest on [such] the bonds or other obligations at their maturity. Such bonds and other obligations [shall be] are authorized security for all public deposits.

      2.  It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments [shall be construed as relieving] relieves any person of any duty of exercising reasonable care in selecting securities.

      Sec. 42.  NRS 279.672 is hereby amended to read as follows:

      279.672  1.  Notwithstanding any restrictions on investments contained in any laws, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, [building and loan associations,] savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, money or other funds belonging to them or within their control in any bonds or other obligations issued by an agency. Such bonds and other obligations are authorized security for all public deposits.

      2.  It is one of the purposes of NRS 279.382 to 279.680, inclusive, to authorize any persons, firms, corporations, associations, political subdivisions, districts or other public agencies and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations. NRS 279.382 to 279.680, inclusive, do not relieve any person, firm or corporation from any duty of exercising reasonable care in selecting securities.

      Sec. 43.  NRS 286.297 is hereby amended to read as follows:

      286.297  The following persons are not eligible to become members of the system:

      1.  Inmates of state institutions even though they may be receiving compensation for services performed for the institution.

      2.  Independent contractors or persons rendering professional services on a fee, retainer or contract basis.

      3.  Except as provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.

      4.  Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.

      5.  Substitute teachers and students who are employed by the institution which they attend.

 


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      6.  District [court] judges and [supreme court] justices of the supreme court first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.

      7.  Members of the professional staff of the University of Nevada System who are employed on or after July 1, 1977.

      8.  Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.

      9.  Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds 120 consecutive days in any fiscal or calendar year.

      10.  Persons employed on or after July 1, 1981, as part-time guards at school crossings.

      Sec. 44.  NRS 287.110 is hereby amended to read as follows:

      287.110  for the purposes of NRS 287.050 to 287.240, inclusive, “Secretary” means the Secretary of Health [, Education, and Welfare] and Human Services and includes:

      1.  Any [individual] person to whom the Secretary has delegated any of his functions under the Social Security Act with respect to coverage under such act of employees of states and their political subdivisions; and

      2.  With respect to any action taken prior to April 11, 1953, the Federal Security Administrator and any [individual] person to whom [such] the Administrator had delegated any such function.

      Sec. 45.  NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

      1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

      2.  “Public body” means the state, county, city, town, [village,] school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

      3.  “Public work” means any project for the new construction, repair or reconstruction of public buildings, public highways, public roads, public streets and alleys, public utilities paid for in whole or in part by public funds, publicly owned water mains and sewers, public parks and playgrounds, and all other publicly owned works and property whose cost as a whole exceeds $4,000.

      4.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs, or other bona fide fringe benefits which are a benefit to the workman.

      The obligation of a contractor or subcontractor to make such wage payments in accordance with the prevailing wage determination of the labor commissioner may be discharged by the making of payments in cash, or by making contributions to an established third person pursuant to a fund, plan or program in the name of the workman.

      5.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.

 


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      Sec. 46.  NRS 338.020 is hereby amended to read as follows:

      338.020  1.  Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, [shall] must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages [shall] must not be less than the rate of such wages then prevailing in the county, city, town [, village] or district in this state in which the public work is located, which prevailing rate of wages [shall] must have been determined in the manner provided in NRS 338.030.

      2.  When public work is performed by day labor, the prevailing wage for each class of mechanics and workmen so employed [shall apply and shall] applies and must be stated clearly to such mechanics and workmen when employed.

      3.  The prevailing wage so paid to each class of mechanics or workmen [shall] must be in accordance with the jurisdictional classes recognized in the locality where the work is performed.

      4.  Nothing in this section [shall prevent] prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.

      Sec. 47.  NRS 349.358 is hereby amended to read as follows:

      349.358  1.  It is legal for any bank, trust company, banker, savings bank or institution, [any building and loan association,] savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or [moneys in their] money in his custody in any of the bonds or other securities issued in accordance with the provisions of the State Securities Law.

      2.  Nothing contained in this section with regard to legal investments [shall be construed as relieving] relieves any representative of any corporation or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 48.  NRS 350.538 is hereby amended to read as follows:

      350.538  1.  “Municipality” means and county, any incorporated city or town (including without limitation any city or town organized under the provisions of a special legislative act or other special charter), any unincorporated [city or] town, any school district, or any quasi-municipal district (including without limitation any district governed by Title 25 of NRS) of this state, or any other public agency authorized to issue general or special obligations on behalf of any of these. Where the context so indicates, “municipality” means the geographical area comprising the municipality.

      2.  Municipality does not include an irrigation district or other special district governed by Title 48 of NRS.

      Sec. 49.  NRS 350.714 is hereby amended to read as follows:

      350.714  1.  It is legal for any bank, trust company, banker, savings bank or institution, [any building and loan association,] savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or [moneys in their] money in his custody in any of the bonds or other securities issued in accordance with the provisions of the Local Government Securities Law.

 


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and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or [moneys in their] money in his custody in any of the bonds or other securities issued in accordance with the provisions of the Local Government Securities Law.

      2.  Nothing contained in this section with regard to legal investments [shall be construed as relieving] relieves any representative of any corporation or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 50.  NRS 354.150 is hereby amended to read as follows:

      354.150  1.  Subject to the provisions of subsection 2, a board of county commissioners [is authorized to] may order the transfer of any balance which is dormant in any fund to the county general fund whenever the money remaining in [such] the fund is no longer required for the purpose for which the fund was established.

      2.  When the dormant fund accrued from taxes levied upon the taxpayers of a fire protection district, road district, cemetery district, unincorporated [city or] town, or other type of special assessment or taxing district, [such fund shall] the fund may be transferred only to the general fund thereof and not to the county general fund.

      Sec. 51.  NRS 364.130 is hereby amended to read as follows:

      364.130  1.  [The words and phrases] As used in this section [and in proceedings pursuant hereto shall be construed, unless such construction be inconsistent with the context, as follows:] unless the context otherwise requires:

      (a) “Community” means the inhabitants of a county, district, city [, town or village.] or town.

      (b) “Community theater” means a place for amusement, entertainment, recreation, or the study of art, conducted or operated for the benefit of a community.

      2.  The proceeds of all shows, entertainments and art lessons conducted, held or given in any community theater, or by an organization formed and existing for the exclusive purpose of operating or conducting such community theater, after deducting the necessary expenses therefor, [shall] must be devoted exclusively to community purposes. Exclusive title to all property and rights acquired for or in behalf of such theater or organization [shall vest] vests in the community wherein the theater is situated or wherein the organization is formed and exists, as the case may be.

      3.  No license tax [shall] may be imposed upon, or collected for, any community theater while used and occupied exclusively as such, nor upon any show, amusement, entertainment, recreation, or school of art conducted, held or given exclusively for community purposes.

      Sec. 52.  NRS 366.550 is hereby amended to read as follows:

      366.550  1.  When the department requires, or when specifically provided by this chapter, an applicant for a special fuel dealer’s license or an applicant for a special fuel user’s license, or a holder of a special fuel dealer’s license or a special fuel user’s license, shall provide a bond [duly] executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada.

 


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[duly] executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The amount of the bond must be determined by the department in such manner as it deems proper, and may be increased or reduced by the department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond must not exceed $5,000. The amount so fixed must be rounded off to the next larger integral multiple of $100.

      2.  No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealer’s license or special fuel user’s license affects the validity of any bond.

      3.  In lieu of a bond or bonds an applicant for a special fuel dealer’s license or special fuel user’s license or the holder of a special fuel dealer’s license or special fuel user’s license may deposit with the state treasurer, under such terms as the department may prescribe:

      (a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank [, building and loan association] or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and [which must indicate] that this amount is unavailable for withdrawal except upon order of the department. Interest earned on this amount [must accrue] accrues to the account of the applicant for or holder of the special fuel dealer’s license or special fuel user’s license.

      Sec. 53.  NRS 385.102 is hereby amended to read as follows:

      385.102  As used in NRS 385.104, “institution of higher education” means an educational institution which:

      1.  Admits as regular students only persons having received a certificate of graduation from high school, or the recognized equivalent of such a certificate, or those approved by the superintendent of public instruction for training at a vocational-technical level;

      2.  Is authorized to provide a program of education beyond high school;

      3.  Awards a bachelor’s degree or a 2-year degree or certificate of graduation or a certificate of completion of a program beyond high school;

      4.  Is an institution with full approval of the State of Nevada or the [Office of Education of the] United States Department of [Health, Education, and Welfare;] Education; and

      5.  Has recognized accreditation.

      Sec. 54.  NRS 394.630 is hereby amended to read as follows:

      394.630  No person, firm, association, partnership or corporation may award, bestow, confer, give, grant, convey or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word “associate,” “bachelor,” “baccalaureate,” “master,” “doctor” or “fellow,” or any abbreviation thereof, unless it is a school, academy, institute, community college, junior college, college, university or other educational organization or entity located in the State of Nevada or operating from a place of business in this state which offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in any field of endeavor beyond the secondary school level; and

 

 


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school, academy, institute, community college, junior college, college, university or other educational organization or entity located in the State of Nevada or operating from a place of business in this state which offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in any field of endeavor beyond the secondary school level; and

      1.  Is accredited by an accrediting association recognized by the [Office of Education of the] United States Department of [Health, Education and Welfare;] Education; or

      2.  Has filed and kept current with appropriate amendments, in the office of the administrator, an affidavit by the president of the institution stating that the majority of the course credits offered by the institution are generally acceptable or transferable to at least one college or university accredited by an accrediting association recognized by the [Office of Education of the] United States Department of [Health, Education and Welfare.] Education.

      Sec. 55.  NRS 396.857 is hereby amended to read as follows:

      396.857  Any unexpended balance of the proceeds of such securities remaining after the completion of the acquisition or improvement of properties pertaining to the project or otherwise the completion of the purpose or purposes for which such securities were issued [shall] must be accredited immediately to the special [higher education] capital construction fund [,] for higher education, or any other fund or account of the university or the board for the construction therefor of capital improvements, or the fund or account created for the payment of the interest on or the principal of the securities, or both principal and interest, and [shall] must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the securities and the proceedings authorizing or otherwise appertaining to their issuance, or so paid into a reserve therefor, or any combination thereof, as the board may determine.

      Sec. 56.  NRS 396.883 is hereby amended to read as follows:

      396.883  1.  It is legal for any bank, trust company, banker, savings bank or institution, [any building and loan association,] savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or [moneys in their] money in his custody in any of the bonds or other securities issued hereunder.

      2.  Nothing contained in this section with regard to legal investments [shall be construed as relieving] relieves any representative of any corporation or other person of any duty of exercising reasonable care in selecting securities.

      Sec. 57.  NRS 408.095 is hereby amended to read as follows:

      408.095  “Town” means any unincorporated [city or] town governed by the board of county commissioners of the county where [the same] it is located.

      Sec. 58.  NRS 440.100 is hereby amended to read as follows:

      440.100  All physicians, midwives, informants or [undertakers,] funeral directors, and all other persons having knowledge of the facts, shall furnish such information as they may possess regarding any birth or death upon demand of the state registrar, in person, by mail, or through the local health officer.

 


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funeral directors, and all other persons having knowledge of the facts, shall furnish such information as they may possess regarding any birth or death upon demand of the state registrar, in person, by mail, or through the local health officer.

      Sec. 59.  NRS 440.370 is hereby amended to read as follows:

      440.370  The statement of facts relating to the disposition of the body [shall] must be signed by the [undertaker] funeral director or person acting as such.

      Sec. 60.  NRS 440.390 is hereby amended to read as follows:

      440.390  The certificate of stillbirth [shall] must be presented by the [undertaker] funeral director or person acting as such to the physician in attendance at the stillbirth, for the certificate of the fact of stillbirth and the medical data pertaining to stillbirth as the physician can furnish them in his professional capacity.

      Sec. 61.  NRS 440.420 is hereby amended to read as follows:

      440.420  1.  In case of any death occurring without medical attendance, the [undertaker] funeral director shall notify the local health officer of such death and refer the case to him for immediate investigation and certification.

      2.  Where there is no qualified physician in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts.

      3.  If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification.

      4.  In counties which have adopted an ordinance authorizing a coroner’s examination in cases of sudden infant death syndrome, the [undertaker] funeral director shall notify the local health officer whenever the cause or suspected cause of death is sudden infant death syndrome. The local health officer shall then refer the case to the coroner for investigation and certification.

      5.  The coroner or his deputy may certify the cause of death in any case which is referred to the coroner by the local health officer or pursuant to a local ordinance.

      Sec. 62.  NRS 440.440 is hereby amended to read as follows:

      440.440  1.  In any case of a death occurring to anyone whose identity is unknown, before burying the body the [undertaker] funeral director shall annex to the certificate of death a certificate from the sheriff that the sheriff has on file in his office the fingerprints of the body.

      2.  Sheriffs of the respective counties shall maintain in their respective offices a file known as the unidentified deceased persons file. Sheriffs shall, without further compensation, see that such fingerprints are obtained as provided in this section and placed in the file as a public record.

      Sec. 63.  NRS 440.450 is hereby amended to read as follows:

      440.450  The [undertaker] funeral director or person acting as undertaker [shall be] is responsible for obtaining and filing the certificate of death with the local health officer, or his deputy, in the registration district in which the death occurred, and for securing a burial or removal permit prior to any disposition of the body.

 


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undertaker [shall be] is responsible for obtaining and filing the certificate of death with the local health officer, or his deputy, in the registration district in which the death occurred, and for securing a burial or removal permit prior to any disposition of the body.

      Sec. 64.  NRS 440.460 is hereby amended to read as follows:

      440.460  The [undertaker] funeral director or person acting as undertaker shall obtain the personal and statistical particulars required from the person best qualified to supply them, over the signature and address of his informant.

      Sec. 65.  NRS 440.470 is hereby amended to read as follows:

      440.470  The [undertaker] funeral director or person acting as undertaker shall present the certificate to the attending physician, if any, or to the health officer [,] or coroner, for the medical certificate of the cause of death and other particulars necessary to complete the record.

      Sec. 66.  NRS 440.480 is hereby amended to read as follows:

      440.480  The [undertaker] funeral director or person acting as undertaker shall state the facts required relative to the date and place of burial over his signature and with his address.

      Sec. 67.  NRS 440.490 is hereby amended to read as follows:

      440.490  The [undertaker] funeral director or person acting as undertaker shall present the completed certificate of death to the local registrar within 72 hours after the occurrence or discovery of the death. If a case is referred to the coroner, he shall present a completed certificate to the local registrar upon disposition of the investigation.

      Sec. 68.  NRS 440.500 is hereby amended to read as follows:

      440.500  1.  Except as provided in subsections 2 and 3, if a certificate of death is properly executed and complete, the local health officer shall then issue a burial and removal permit to the [undertaker. Such permit shall] funeral director. The permit must indicate the name of the cemetery, mausoleum, columbarium or other place of burial where the human remains will be interred, inurned or buried.

      2.  In case the death occurred from some disease that is held by the board to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body [shall] may be granted by the local health officer except under such conditions as may be prescribed by the board.

      3.  The board may by regulation provide for the issuance of the burial transit permit prior to the filing of the completed death certificate if that requirement would result in undue hardship.

      Sec. 69.  NRS 440.520 is hereby amended to read as follows:

      440.520  The [undertaker shall deliver] funeral director shall:

      1.  Deliver the burial permit to the sexton or person in charge of the place of burial, before interring or otherwise disposing of the body . [; or shall attach]

      2.  Attach the removal permit to the box containing the body, when shipped by any transportation company.

      Sec. 70.  NRS 440.590 is hereby amended to read as follows:

      440.590  1.  Each sexton or person in charge of any burial ground shall keep a record of all interments made in the premises under his charge, stating:

 

 


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shall keep a record of all interments made in the premises under his charge, stating:

      (a) The name of the deceased person.

      (b) The place of death.

      (c) The date of burial.

      (d) The name and address of the [undertaker.] funeral director.

      2.  The record [shall] must be open to public inspection at all times.

      Sec. 71.  NRS 440.710 is hereby amended to read as follows:

      440.710  1.  In counties where deputy registrars are appointed, the board of county commissioners shall allow them a monthly salary or the sum of $1 for each birth and death certificate executed by them.

      2.  No local health officer [shall] may require from [undertakers] funeral directors or persons acting as undertakers any fee for the issuance of burial or removal permits under this chapter.

      Sec. 72.  NRS 440.720 is hereby amended to read as follows:

      440.720  Any physician who was in medical attendance upon any deceased person at the time of death who neglects or refuses to make out and deliver to the [undertaker,] funeral director, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death shall be punished by a fine of not more than $250.

      Sec. 73.  NRS 440.750 is hereby amended to read as follows:

      440.750  Any [undertaker,] funeral director, sexton or other person [acting as undertaker] in charge of the disposal who inters, removes or otherwise disposes of the body of any deceased person without having received a burial or removal permit shall be punished by a fine of not more than $250.

      Sec. 74.  NRS 440.770 is hereby amended to read as follows:

      440.770  Any person who furnishes false information to a physician, [undertaker,] funeral director, midwife or informant for the purpose of making incorrect certification of births or deaths shall be punished by a fine of not more than $250.

      Sec. 75.  NRS 442.160 is hereby amended to read as follows:

      442.160  1.  The state health officer [shall be] is the administrative officer of the health division with respect to the administration and enforcement of the provisions of NRS 442.130 to 442.170, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.130 to 442.170, inclusive, and all [such rules and] regulations necessary thereto and adopted by the state board of health.

      2.  The state health officer [is hereby empowered and directed to] shall administer and enforce all [rules and] regulations adopted by the state board of health for the efficient operations of the plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.130 to 442.170, inclusive.

      3.  The state health officer shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.130 to 442.170, inclusive, and, when directed so to do by the terms of the plan or plans perfected, or by the director, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.130 to 442.170, inclusive.

 


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he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.130 to 442.170, inclusive.

      4.  The state health officer shall, from time to time as directed by the Secretary of Health [, Education, and Welfare,] and Human Services, make such reports, in such form and containing such information concerning the subjects of NRS 442.130 to 442.170, inclusive, as the Secretary of Health [, Education, and Welfare shall require.] and Human Services requires.

      5.  The state health officer shall from time to time, pursuant to the rules and regulations of the Secretary of Health [, Education, and Welfare] and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all [moneys] money allotted to this state by the Federal Government for the purposes of NRS 442.130 to 442.170, inclusive, and the state health officer shall cause to be paid out of the state treasury the [moneys] money therein deposited for the purposes of NRS 442.130 to 442.170, inclusive.

      Sec. 76.  NRS 442.210 is hereby amended to read as follows:

      442.210  1.  The state health officer [shall be] is the administrative officer of the health division with respect to the administration and enforcement of the provisions of NRS 442.180 to 442.220, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.180 to 442.220, inclusive, and all [such rules and] regulations necessary thereto and adopted by the state board of health.

      2.  The state health officer [is hereby empowered and directed to] shall administer and enforce all [rules and] regulations adopted by the state board of health for the efficient operation of such plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.180 to 442.220, inclusive.

      3.  The state health officer shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.180 to 442.220, inclusive, and, when directed so to do by the terms of any plan or plans perfected, or by the director, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive; but when the proper medical or surgical services cannot be had within the state for any crippled child the secretary of the state board of health may provide for such services in some other state.

      4.  The state health officer shall, from time to time as directed by the Secretary of Health [, Education, and Welfare,] and Human Services, make such reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, as the Secretary of Health [, Education, and Welfare shall require.] and Human Services requires.

      5.  The state health officer shall from time to time, pursuant to the rules and regulations of the Secretary of Health [, Education, and Welfare] and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all [moneys] money allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive, and the state health officer shall cause to be paid out of the state treasury the [moneys] money therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.

 


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requisition and cause to be deposited with the state treasurer all [moneys] money allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive, and the state health officer shall cause to be paid out of the state treasury the [moneys] money therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.

      Sec. 77.  NRS 442.230 is hereby amended to read as follows:

      442.230  1.  The department [is hereby authorized to] may enter into a cooperative agreement or agreements with the Department of Health [, Education, and Welfare,] and Human Services, prescribing the manner, terms and conditions of cooperation by the department and the Department of Health [, Education, and Welfare] and Human Services in providing for the finding, diagnosis and treatment of crippling conditions of childhood, including rheumatic fever.

      2.  Such agreements may provide for the amounts which the state and the Federal Government will contribute under the agreement, and the department shall be bound and governed by such agreement or agreements.

      Sec. 78.  NRS 451.025 is hereby amended to read as follows:

      451.025  If the governing body of any county, [incorporated or unincorporated] city or town within the State of Nevada:

      1.  Must arrange for and order the decent burial of any person dying within such county, city or town, leaving a husband or wife or parent in whose custody such person remained at the time he or she died, which husband or wife or parent is not indigent and not otherwise eligible for assistance as a poor person; and

      2.  Expenses for a decent burial have been paid out of public funds pursuant to such an order,

the county, city or town [shall] must be reimbursed for its expenses of burial of the dead body of such person by the husband, wife or parent charged by law with the duty of burial.

      Sec. 79.  NRS 452.160 is hereby amended to read as follows:

      452.160  1.  Endowment care funds [shall] must not be used for any purpose other than to provide, through income only, for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority.

      2.  The funds [shall] must be invested and reinvested in:

      (a) Bonds of the United States; [or]

      (b) Bonds of this state or the bonds of other state of the Union; [or]

      (c) Bonds of counties or municipalities of the state of the Union; [or]

      (d) With the approval of the administrator, first mortgages or first trust deeds on improved real estate; [or]

      (e) Bank deposits in any federally insured bank or savings and loan association; or

      (f) With the written approval of the administrator, any investment which would be proper under the provisions of NRS 164.050.

Pending investment as provided in this subsection, such funds may be deposited in a federally insured account in any savings bank or [building] savings and loan association [or corporation] qualified to do business in the State of Nevada.

 


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deposited in a federally insured account in any savings bank or [building] savings and loan association [or corporation] qualified to do business in the State of Nevada.

      Sec. 80.  NRS 459.070 is hereby amended to read as follows:

      459.070  1.  The state board of health shall adopt reasonable regulations, compatible with those of the [United States Atomic Energy Commission,] Nuclear Regulatory Commission or any successor to it, pertaining to reports of exposure of personnel.

      2.  Such regulations [shall] must require that reports of excessive exposure be made to the [individual] person exposed and to the state board of health, and [shall] must make provision for periodic and terminal reports to [individuals] persons for whom personnel monitoring is required.

      3.  The provisions of NRS 459.010 to 459.290, inclusive, with respect to the limits of [personnel] the exposure of personnel established in regulations for radiation control do not limit the kind or amount of radiation which may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.

      Sec. 81.  NRS 463.0143 is hereby amended to read as follows:

      463.0143  “City” [means any incorporated or unincorporated city or] includes an unincorporated town.

      Sec. 82.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine or any horserace book or sports pool;

      (b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or

      (c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, horserace book or sports pool,

without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated [city or] town.

      2.  It is unlawful for any person knowingly to permit any gambling game, slot machine or gaming device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed under this chapter, or his employee.

      Sec. 83.  NRS 463.190 is hereby amended to read as follows:

      463.190  1.  A person is not permitted to engage in gaming operations in any city or town [, or unincorporated city or town,] in this state, unless he has in force valid state and county licenses, as well as any licenses required by the city or town .

 


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any licenses required by the city or town . [, or by the unincorporated city or town.]

      2.  A city or town [or unincorporated city or town] shall not deny a gaming license, finding of suitability or approval to a person solely because he is not a citizen of the United States.

      Sec. 84.  NRS 463.240 is hereby amended to read as follows:

      463.240  No county, incorporated city or town, or unincorporated [city or town shall] town may grant a license for gaming to any applicant unless [such applicant shall hold] the applicant holds a valid state gaming license issued by the commission; but the issuance by the commission of [such license shall impose] the state license imposes no requirements upon any such county, city or town to issue a gambling license to [such] the applicant.

      Sec. 85.  NRS 463.320 is hereby amended to read as follows:

      463.320  1.  All gaming license fees imposed by the provisions of NRS 463.370, 463.373, 463.375, 463.380 and 463.383 must be collected and disposed of as provided in this section.

      2.  All state gaming license fees and penalties must be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:

      (a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 must be deposited for credit to the state general fund.

      (b) All state gaming license fees imposed by the provisions of NRS 463.380 must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided in this section, must be deposited by the county treasurer in the county general fund and be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more [incorporated or unincorporated] cities or towns within the county, the board of county commissioners shall, annually, before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated must be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly upon receipt of the money from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and [shall] must be expended for county purposes.

      Sec. 86.  NRS 463.323 is hereby amended to read as follows:

      463.323  1.  The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.

 


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may be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff if there is no county license department is liable on his official bond for all money due for such licenses remaining uncollected by reason of his negligence.

      2.  On or before the 5th day of each month the sheriff of a county which has no county license department shall pay over to the county treasurer all money received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is provided by law with respect to other county licenses.

      3.  In a county which has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.

      4.  All money received for county gaming licenses under this chapter must be retained by the county treasurer for credit to the county general fund, except:

      (a) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of the money, and the incorporated city or town is entitled to 75 percent of the money, which must be paid into the general fund of the incorporated city or town.

      (b) Where the license is collected within the boundaries of any unincorporated [city or] town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the county shall retain 25 percent of the money, and 75 percent of the money must be placed in the town government fund for general use and benefit of the unincorporated [city or] town.

      Sec. 87.  NRS 482.346 is hereby amended to read as follows:

      482.346  1.  In lieu of a bond an applicant may deposit with the department, under terms prescribed by the department:

      (a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank [, building and loan association] or savings and loan association situated in Nevada, which [indicates] must indicate an account of an amount equal to the amount of the bond which would otherwise be required by NRS 482.345 and that [it] this amount is unavailable for withdrawal except upon order of the department. Interest earned on the amount accrues to the account of the applicant.

      2.  A deposit made pursuant to subsection 1 may be released upon receipt of:

      (a) A court order requiring the director to release all or a specified portion of the deposit; or

 


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      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      3.  When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1 of NRS 482.345;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      4.  A deposit made pursuant to subsection 1 may be refunded:

      (a) By order of the director, at the expiration of 3 years from the date when the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time prior to the expiration of 3 years from the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      5.  Any money received by the department pursuant to subsection 1 must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 88.  NRS 487.060 is hereby amended to read as follows:

      487.060  1.  No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in an amount of from $1,000 to $10,000, as determined by the department, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.050 to 487.190, inclusive. The department may, by agreement with any automobile wrecker who has been in business for 5 years or more, allow a reduction in the amount of the bond of such wrecker, if the business of such wrecker has been conducted satisfactorily for the preceding 5 years, but no bond [shall] may be in an amount less than $1,000.

      2.  The bond may be continuous in form and the total aggregate liability on the bond [shall] must be limited to the payment of the total amount of the bond.

      3.  The bond [shall] must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.050 to 487.160, inclusive, may bring an action on the bond.

 


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      4.  In lieu of a bond an automobile wrecker may deposit with the department, under the terms prescribed by the department:

      (a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value or not less than the amount fixed by the department; or

      (b) A savings certificate of a bank [, building and loan association] or savings and loan association situated in Nevada, which [indicates] must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that [such] this amount is unavailable for withdrawal except upon order of the department. Interest earned on such amount accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 of this section may be released upon receipt of:

      (a) A court order requiring the director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license [shall] must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the director, at the expiration of 3 years from the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time prior to the expiration of 3 years from the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the department pursuant to subsection 4 [shall] must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 89.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  Applications for a manufacturer’s, dealer’s, rebuilder’s, serviceman’s or installer’s license must be filed upon forms supplied by the division, and the applicant shall furnish:

      (a) Any proof the division may deem necessary that the applicant is a manufacturer, dealer, rebuilder, serviceman or installer.

 


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      (b) Any proof the division may require that the applicant has an established place of business for the sale and display of mobile homes in the state.

      (c) Any proof the division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.

      (e) In the case of a dealer of new mobile homes, an instrument in the form prescribed by the division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      (f) If the application is for a license as a manufacturer, dealer or rebuilder, a good and sufficient bond in the amount of $10,000, the surety for which is a corporation licensed to do business as a surety in this state, which has been approved as to form by the attorney general. The bond must be conditioned on the conduct of business by the applicant without fraud or fraudulent misrepresentation and without violation of any provision of this chapter, including fraud or violation by salesmen of dealers and rebuilders acting within the scope of employment, and must provide that any person injured by an action of the dealer, rebuilder, manufacturer or salesman may bring an action on the bond.

      (g) In lieu of a bond, an applicant or licensee may deposit with the state treasurer, under terms prescribed by the division:

             (1) A like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value not less than the amount fixed by the division; or

             (2) A savings certificate of a bank [, building and loan association] or savings and loan association situated in Nevada , which [indicates] must indicate an account of an amount equal to the amount of the required bond [,] and [which indicates that the] that this amount cannot be withdrawn except upon order of the division. Interest earned on the account accrues to the applicant or licensee.

      (h) A reasonable fee fixed by regulation.

      (i) Any additional requirements the division may from time to time prescribe by regulation.

      2.  Within 60 days after receipt of a complete application, the division shall issue or deny the license.

      3.  The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the division shall issue to the applicant a dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s license certificate containing the applicant’s name and the address of his fixed place of business.

 


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ê1983 Statutes of Nevada, Page 146 (Chapter 26, AB 47)ê

 

      4.  Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.

      Sec. 90.  NRS 541.050 is hereby amended to read as follows:

      541.050  1.  Before any water conservancy district [shall be] is established under this chapter, a petition [shall] must be filed in the office of the clerk of the court vested with jurisdiction, in a county in which all or part of the lands embraced within such proposed water conservancy district are situated. The petition [shall,] must, in a case where the proposed district is situated in one county only, be signed by not fewer than 20 percent of the owners of land (as hereinafter defined) within the proposed district not embraced within the limits of any [incorporated or unincorporated] city or town; and be also signed by not fewer than 5 percent, or 100 (whichever is the lesser), of the owners of land embraced within the limits of each [incorporated or unincorporated] city or town situated within the proposed district. In a case where the proposed district is situated in more than one county, the petition [shall] must be signed by not fewer than 10 percent, or 500 (whichever is the lesser), of the owners of land (as hereinafter defined) in each county, or portion thereof, within the proposed district not embraced within the limits of any [incorporated or unincorporated] city or town; and be also signed by not fewer than 5 percent, or 100 (whichever is the lesser), of the owners of land embraced within the limits of each [incorporated or unincorporated] city or town situated in the proposed district. Opposite the signature of each petitioner there [shall] must be set forth a brief description or designation by county assessor’s record or otherwise of the land owned by him and a statement of the acreage thereof.

      The term “owners of land,” as used in this subsection with reference to persons outside the limits of [an incorporated or unincorporated] a city or town within the district, [shall mean] means those persons who own 5 acres or more of real estate; and the term “owners of land,” as used in this subsection with reference to persons within [an incorporated or unincorporated] a city or town, [shall mean] means those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.

      2.  If a petitioner [shall sign such] signs the petition both as owner of land situated within, and of land situate without, [an incorporated or unincorporated] a city or town, his name [shall] must be counted only as an owner of land situated without [an incorporated or unincorporated] a city or town. A signing petitioner [shall] must not be permitted, after the filing of the petition, to withdraw his name therefrom.

      3.  No district [shall] may be formed under this chapter unless the assessed valuation of the land, together with improvements thereon, within the proposed district exceeds $500,000 and unless the signing petitioners have lands, together with improvements thereon, of an assessed value of at least $50,000.

 


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ê1983 Statutes of Nevada, Page 147 (Chapter 26, AB 47)ê

 

      4.  The petition [shall] must set forth:

      (a) The proposed name of the district.

      (b) That the property within the proposed district will be benefited by the accomplishment of the purposes enumerated in NRS 541.030.

      (c) A general description of the purpose of the contemplated improvement and of the territory to be included in the proposed district. The description need not be given by metes and bounds or by legal subdivisions, but [shall] must be sufficient to enable a property owner to ascertain whether his property is within the territory proposed to be organized as a district. The territory need not be contiguous, provided it is so situated that the organization of a single district of the territory described is calculated to promote one or more of the purposes enumerated in NRS 541.030.

      (d) That the assessed value of all land, together with the improvements thereon, within the boundaries of the proposed district exceeds $500,000.

      (e) A general designation of the divisions of the district, any one or more of which may, if so provided in the petition, be constituted of an existing irrigation or other district organized under the laws of the State of Nevada or of an incorporated city or town, or combination of incorporated cities or towns, within the water conservancy district.

      (f) The name of the principal subcontracting agency or agencies with which it is proposed the water conservancy district [shall] will enter into a contract or contracts.

      (g) The number of directors of the proposed district which may, in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency be named in the petition, then one representative of each principal subcontracting agency named therein.

      (h) A prayer for the organization of the district by the name proposed.

      5.  No petition with the requisite signatures [shall] may be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and [shall] must together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed [shall] must be considered by the court the same as though filed with the first petition placed on file.

      6.  In determining whether the requisite number of landowners have signed the petition, the court [shall be] is governed by the names as they appear upon the tax roll, which [shall be] is prima facie evidence of such ownership.

      Sec. 91.  NRS 541.080 is hereby amended to read as follows:

      541.080  1.  At any time after the filing of a petition for the organization of a water conservancy district and not less than 10 days prior to the time fixed by the order of court for the hearing upon the petition, and not thereafter, a petition may be filed in the office of the clerk of the court wherein the proceeding for the creation of the district is pending, signed by not fewer than 25 percent of the owners of the lands in the proposed district, but not embraced within the limits of any [incorporated or unincorporated] city or town, who have not signed the petition for formation of the district, the aggregate assessed value of which, together with improvements thereon, is not less than 25 percent of the total assessed value of land, together with the improvements thereon, within the proposed district situated outside such limits, and also signed by not fewer than 25 percent of the owners of lands embraced within the limits of each [incorporated or unincorporated] city and town in the proposed district, protesting the creation of the district.

 


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ê1983 Statutes of Nevada, Page 148 (Chapter 26, AB 47)ê

 

clerk of the court wherein the proceeding for the creation of the district is pending, signed by not fewer than 25 percent of the owners of the lands in the proposed district, but not embraced within the limits of any [incorporated or unincorporated] city or town, who have not signed the petition for formation of the district, the aggregate assessed value of which, together with improvements thereon, is not less than 25 percent of the total assessed value of land, together with the improvements thereon, within the proposed district situated outside such limits, and also signed by not fewer than 25 percent of the owners of lands embraced within the limits of each [incorporated or unincorporated] city and town in the proposed district, protesting the creation of the district. The signers of the protesting petition shall state therein the land owned by each, and shall also state the value thereof as shown by the last preceding assessment.

      The term “owners of land,” as used in this subsection with reference to persons outside the limits of [an incorporated or unincorporated] a city or town within the district, [shall mean] means those persons who own 5 acres or more of real estate; and the term “owners of land,” as used in this subsection with reference to persons within [an incorporated or unincorporated] a city or town, [shall mean] means those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.

      2.  If a petitioner [shall sign such] signs the petition both as owner of land situated within a municipality, and owner of land situated without a municipality, his name [shall] may be counted only as an owner of land situated without a municipality.

      3.  Upon the filing of such protesting petition, the clerk of the court forthwith shall make as many certified copies thereof, including the signatures thereto, as there are counties in which any part of the proposed district extends, and forthwith shall place in the hands of the county treasurer of each such county one of the certified copies. Thereupon, each of the county treasurers shall determine from the tax rolls of his county in his hands and shall certify to the district court under his official seal, prior to the day fixed for the hearing as aforesaid, the total valuation of the several tracts of land listed in the protest, situated in the proposed district within his county. Upon the day set for the hearing upon the original petition, if it shall appear to the court from such certificate or certificates, and from such other evidence as may be adduced by any party in interest, that the protesting petition is not signed by the requisite number of owners of lands and of the requisite value as [herein] set forth [,] in this section, the court shall thereupon dismiss the protesting petition and shall proceed with the original hearing as provided in this section.

      4.  If the court shall find from the evidence that the protesting petition is signed by the requisite number of owners of lands and of the requisite values, the court shall forthwith dismiss the original petition praying for the creation of the district. The finding and order of the court upon the question of such total valuation, the genuineness of the signatures, and all matters of law and fact incident to such determination [shall be final and] is conclusive on all parties in interest, whether appearing or not, unless within 30 days from entry of the order or dismissal an appeal is taken to the supreme court as [hereinafter] provided [.]

 


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ê1983 Statutes of Nevada, Page 149 (Chapter 26, AB 47)ê

 

whether appearing or not, unless within 30 days from entry of the order or dismissal an appeal is taken to the supreme court as [hereinafter] provided [.] in subsection 10.

      5.  Any owner of real property in the proposed district not having individually signed a petition for the organization of a water conservancy district, and desiring to object to the organization and incorporation of the district, may, on or before the date set for the cause to be heard, file objection to the organization and incorporation of the district. Such objection [shall] must be limited to a denial of the statements in the petition and [shall] must be heard by the court as an advance case without unnecessary delay. On the final hearing of the petition the court shall define and establish the boundaries of the district.

      6.  Upon the hearing, if it [shall appear] appears that a petition for the organization of a water conservancy district has been signed and presented, [as hereinabove provided,] in conformity with this chapter, and that the allegations of the petition are true and that no protesting petition has been filed or if filed has been dismissed as [hereinabove] provided [,] in this section, the court shall, by order duly entered of record, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name by which in all proceedings it [shall] must thereafter be known, and thereupon the district [shall be] is a political subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.

      7.  In such decree the court shall designate the place where the office or principal place of the district [shall] must be located, which [shall] must be within the corporate limits of the district, and which may be changed by order of the board from time to time. The regular meetings of the board [shall] must be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district [shall] must be kept at the office so established.

      8.  If the court finds that no petition has been signed and presented in conformity with this chapter, or that the material facts are not as set forth in the petition filed, it shall determine the proceedings and adjudge the costs against the signers of the petition in such proportion as it [shall deem] deems just and equitable. An appeal to the supreme court from the order of dismissal may be taken as [hereinafter] provided [.] in subsection 10. Nothing herein [shall be construed to prevent] prevents the filing of a subsequent petition or petitions for similar improvements or for a similar water conservancy district, and the right so to renew such proceedings is hereby expressly granted and authorized.

      9.  If an order [be] is entered establishing the district, [such order shall be deemed final and shall conclusively establish] the order is final and conclusively establishes the regular organization of the district against all persons, unless an appeal is taken to the supreme court [as hereinafter provided] or quo warranto proceedings attacking the order are instituted on behalf of the State of Nevada by the attorney general.

 


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ê1983 Statutes of Nevada, Page 150 (Chapter 26, AB 47)ê

 

The organization of the district [shall] may not be directly or collaterally questioned in any suit, action or proceedings except as [herein] expressly authorized [.] in this section.

      10.  Any petitioner, protestant or objector [shall have a right of] is entitled to appeal to the supreme court from the order of the district court entered pursuant to this section. Such appeals [shall] must be taken within 30 days from the entry of such order in accordance with the Nevada Rules of Appellate Procedure.

      Sec. 92.  NRS 568.310 is hereby amended to read as follows:

      568.310  1.  It [shall be] is unlawful for any person to herd or cause to be herded or grazed any number of sheep on any unoccupied land within a radius of 3 miles of the post office of any town [or village] that has a population of 50 persons or more.

      2.  This section [shall] does not apply to sheep driven to a railroad to be shipped or sheared.

      3.  Any person who, for himself, or as agent or employee of any other person, firm, corporation, company or association, [shall violate] violates the provisions of subsection 1 [shall be] is guilty of a misdemeanor.

      Sec. 93.  NRS 615.220 is hereby amended to read as follows:

      615.220  1.  In order to facilitate the making of vocational rehabilitation disability determinations in this state, the department through the bureau, on behalf of the State of Nevada, [is authorized to] may enter into an agreement or agreements with the United States Government, by and through the Secretary of Health [, Education, and Welfare,] and Human Services, or any other federal agency, for the making of disability determinations, receiving and expending federal funds for the making of such determinations, and to perform other acts and functions necessary to effectuate the provisions of any Act of Congress, and with all applicable federal regulations adopted pursuant thereto.

      2.  The department, by and through the bureau, shall make the disability determinations required by the provisions of any Act of Congress, and the state treasurer is directed to disburse the funds required for the making of such determinations upon claims by the chief in the same manner as other claims against the state are paid.

      Sec. 94.  NRS 636.382 is hereby amended to read as follows:

      636.382  1.  No licensed optometrist may administer topical ophthalmic pharmaceutical agents without having received certification from the board authorizing him to do so.

      2.  The board shall adopt regulations prescribing the diagnostic uses to which the agents enumerated in subsection 3 may be put, the manner in which such agents may be used, and the qualifications and requirements for such certification which must include:

      (a) A currently valid license to practice optometry in this state;

      (b) Satisfactory completion of a curriculum approved by the board, which must include general and ocular pharmacology, at an institution approved by the board and accredited by a regional or professional accrediting organization and recognized or approved by the Council on Post-Secondary Accreditation, the Northwest Accreditation Association or the United States [Office of Education of the] Department of [Health, Education and Welfare;] Education; and

 

 


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ê1983 Statutes of Nevada, Page 151 (Chapter 26, AB 47)ê

 

Association or the United States [Office of Education of the] Department of [Health, Education and Welfare;] Education; and

      (c) Successful completion of an appropriate examination approved and administered by the board.

      3.  The following topical ophthalmic pharmaceutical agents may be used, in the concentrations specified, for diagnostic purposes by an optometrist who has been authorized by the board to do so:

      (a) Mydriatics:

             (1) Phenylephrine hydrochloride, 2.5 percent.

             (2) Hydroxyamphetamine hydrobromide, 1 percent.

      (b) Cycloplegics:

             (1) Tropicamide, 1 percent.

             (2) Cyclopentolate, 1 percent.

             (3) Homatropine hydrobromide, 5 percent.

             (4) Atropine sulfate, 0.5 percent.

      (c) Topical anesthetics:

             (1) Proparacaine hydrochloride, 0.5 percent.

             (2) Benoxinate hydrochloride, 0.4 percent.

             (3) Piperocaine hydrochloride, 2 percent.

      (d) Miotics:

             (1) Pilocarpine, 1 percent in ordinary use.

             (2) Pilocarpine, 3 percent for emergency use only.

      Sec. 95.  NRS 639.2805 is hereby amended to read as follows:

      639.2805  1.  A pharmacist is not subject to any penalty for filling a prescription for a substance licensed for manufacture in this state if the prescription is issued to a patient by his physician . [, osteopathic physician or osteopathic physician and surgeon.]

      2.  If a substance licensed for manufacture in this state has not been approved as a drug by the Food and Drug Administration , [of the United States Department of Health, Education and Welfare,] the label or other device affixed to its container [shall] must so state and the label [shall] must further state that the State of Nevada has not approved the substance.

      Sec. 96.  NRS 645.240 is hereby amended to read as follows:

      645.240  1.  The provisions of this chapter do not apply to, and the terms “real estate broker” and “real estate salesman” do not include, any person who, as owner or lessor, performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where those acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For the purposes of this subsection , “management” means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. “Management” does not include sales activities.

      2.  The provisions of this chapter do not apply to:

      (a) Any bank, trust company [, building and loan association,] or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers.

 


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ê1983 Statutes of Nevada, Page 152 (Chapter 26, AB 47)ê

 

of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers.

      (b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.

      (c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.

      (d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.

      (e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.

      (f) The purchase, sale or locating of mining claims or options thereon or interests therein.

      Sec. 97.  NRS 645.310 is hereby amended to read as follows:

      645.310  1.  All deposits accepted by every real estate broker or person registered as an owner-developer pursuant to this chapter, which are retained by him pending consummation or termination of the transaction involved, must be accounted for in the full amount at the time of the consummation or termination.

      2.  Every real estate salesman or broker-salesman who receives any money on behalf of a broker or owner-developer shall pay over the money promptly to the real estate broker or owner-developer.

      3.  A real estate broker shall not commingle the money or other property of his principal with his own.

      4.  If a broker receives money, as a broker, which belongs to others, he shall promptly deposit the money in a separate checking account in a bank in this state which must be designated a trust account. All down payments, earnest money deposits, rents, or other money which he receives, on behalf of his principal or any other person, must be deposited in the account unless all persons who have any interest in the money have agreed otherwise in writing. A real estate broker in his discretion may pay to any seller or the seller’s authorized agent the whole or any portion of such special deposit. The real estate broker is personally responsible and liable for such deposit at all times. A real estate broker shall not permit any advance payment of [funds] money belonging to others to be deposited in the real estate broker’s business or personal account or to be commingled with any money he may have on deposit.

      5.  Every real estate broker required to maintain a separate [custodial or trust fund] trust account shall keep records of all money deposited therein. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. All such records and money are subject to inspection and audit by the division and its authorized representatives. All such separate [custodial or trust fund] trust accounts must designate the real estate broker as trustee and provide for withdrawal of money without previous notice.

 


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ê1983 Statutes of Nevada, Page 153 (Chapter 26, AB 47)ê

 

      6.  Each broker shall notify the division of the names of the banks in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.

      Sec. 98.  NRS 671.020 is hereby amended to read as follows:

      671.020  1.  This chapter does not apply to any:

      (a) Bank, its parent or holding company or any subsidiary thereof, trust company, savings bank, savings and loan association, [building and loan association,] credit union, industrial bank or industrial loan and investment company, organized and regulated under the laws of this state or of the United States;

      (b) Foreign banking corporation licensed to do banking business in this state; or

      (c) Telegraph company providing a public message service.

      2.  Subsection 1 does not reduce or alter any liability otherwise attaching to the sale, issuance, receipt for transmission or transmission of checks or money in any form.

      Sec. 99.  NRS 675.040 is hereby amended to read as follows:

      675.040  No person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings [or building] and loan associations, or credit unions [shall be] is eligible to become a licensee under this chapter, nor [shall] does this chapter apply to any business transacted by any such person under the authority of and as permitted by any such law, nor to any bona fide pawnbroking business transacted under a pawnbroker’s license.

      Sec. 100.  NRS 677.340 is hereby amended to read as follows:

      677.340  1.  No person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings [or building] and loan associations, credit unions or persons licensed under chapter 675 of NRS is eligible to become a licensee under this chapter, nor does this chapter apply to any business transacted by any such person under the authority of and as permitted by any such law. A subsidiary of a parent corporation one or more of whose other subsidiaries is engaged in any of the activities listed in this subsection is not eligible to be licensed under this chapter. This chapter does not apply to any bona fide pawnbroking business transacted under a pawnbroker’s license.

      2.  Except to the extent that persons enumerated in subsection 1 are expressly so permitted by law, a person shall not engage in the business of lending in gross amounts of $3,500 or more, and contract for, exact or receive, directly or indirectly, on or in connection with any such loan, any charges, whether for interest, compensation, consideration or expense, in any manner other than that permitted by NRS 99.050 or this chapter, and without first having obtained a license from the director.

      3.  For the purpose of this section a loan shall be deemed to be in the gross amount of $3,500 or more if the total amount or value advanced to or on behalf of the borrower, after including all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan is in a gross amount of $3,500 or more.

 


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ê1983 Statutes of Nevada, Page 154 (Chapter 26, AB 47)ê

 

for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan is in a gross amount of $3,500 or more.

      Sec. 101.  NRS 679A.120 is hereby amended to read as follows:

      679A.120  When used in context signifying a jurisdiction other than the State of Nevada, “state” means any state, district, commonwealth, territory or possession of the United States of America . [, and the Panama Canal Zone.]

      Sec. 102.  NRS 682A.190 is hereby amended to read as follows:

      682A.190  An insurer may invest in share or savings accounts of savings and loan [or building and loan] associations, or in savings accounts of banks, and in any one such institution only to the extent that the investment is insured by the Federal Savings and Loan Insurance Corporation or the Federal Deposit Insurance Corporation.

      Sec. 103.  NRS 704.020 is hereby amended to read as follows:

      704.020  1.  As used in this chapter, “public utility” includes:

      (a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.

      (b) Express companies, telegraph and telephone companies.

      (c) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.

      (d) Radio or broadcasting instrumentalities providing common or contract service.

      (e) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.

      All duties required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon the owner or operator of such express companies, telegraph and telephone, radio and broadcasting companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and persons to the same extent as of railroads.

      (f) Community antenna television companies.

      2.  “Public utility” also includes:

      (a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.

      (b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities [, towns or villages,] or elsewhere.

 


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ê1983 Statutes of Nevada, Page 155 (Chapter 26, AB 47)ê

 

water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities [, towns or villages,] or elsewhere.

      The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.

      3.  The provisions of this chapter and the term “public utility” apply to:

      (a) The transmission or receipt of messages, intelligence or entertainment, between points within the state.

      (b) Receiving and delivering messages.

      (c) All charges connected with the transportation of persons or property, including icing charges and mileage charges.

      (d) All railroads, express companies, car companies, and all associations of persons, whether incorporated or otherwise, that do any business as a common carrier upon or over any line of railroad within this state.

      (e) Any common or contract carrier engaged in the transportation of passengers and property, except common or contract motor carriers subject to the provisions of chapter 706 of NRS.

      Sec. 104.  NRS 710.400 is hereby amended to read as follows:

      710.400  1.  The provisions of NRS 710.400 to 710.590, inclusive, [shall] apply to any unincorporated [city or] town within this state which is [now or may hereafter be] subject to the provisions of chapter 269 of NRS.

      2.  Wherever the convenience of the inhabitants thereof will be benefited thereby, the board of county commissioners may join and consolidate two or more unincorporated towns into one sewerage, light or water system district.

      Sec. 105.  NRS 710.570 is hereby amended to read as follows:

      710.570  1.  In all cases wherein such sewage systems, light systems, water systems, water and light systems, or sewerage, light and water systems are constructed or acquired under the provisions of NRS 710.400 to 710.590, inclusive, in such unincorporated [cities and] towns, and such [cities and] towns are afterward incorporated, the control and management of such systems [shall at once be] is vested in [the] their municipal governments . [of such cities and towns.]

      2.  In case such [cities and towns shall be] towns are incorporated while the work of construction is in progress, the work [shall] must nevertheless be carried on to completion by the board of county commissioners, and, when completed, such system [shall] must be turned over to the city or town government as soon as it [shall have] has been organized, and it [shall have] has control and management thereof. [In such case it shall then be the duty of such] The city or town government [to] shall then provide for the payment of the principal and interest on the bonds, when the revenues from the service of such systems [shall be] are insufficient therefor, by the levy and collection of taxes as provided in NRS 710.400 to 710.590, inclusive.

 


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

ê1983 Statutes of Nevada, Page 156 (Chapter 26, AB 47)ê

 

      3.  The county treasurer [shall have the] has custody of the sewerage, light, water, light and water, or sewerage, light and water funds, and he shall turn such funds over to the city treasurer immediately upon the qualification of the city treasurer. The bonds, principal and interest [shall] must then be paid by the city government in all respects as prescribed for their payment by the board of county commissioners acting in behalf of city or town. Whatever may be the designation of the board of control of such incorporated city or town, it [shall succeed] succeeds to all the powers and privileges conferred on the board of county commissioners by the provisions of NRS 710.400 to 710.590, inclusive.

      Sec. 106.  1.  Sections 373 and 374 of chapter 530, Statutes of Nevada 1977, at page 1265, are hereby amended to read as follows:

       Sec. 373.  1.  The terms of office of all appointed members of the state apprenticeship council, who are incumbent on October 30, 1977, expire on that date. After the expiration of the terms of such members, the labor commissioner shall appoint to the council, as nearly as may be:

       (a) One-third of the members to terms expiring October 30, 1978;

       (b) One-third of the members to terms expiring October 30, 1979; and

       (c) One-third of the members to terms expiring October 30, 1980.

       2.  The terms of office of all members of the [Nevada advisory council for vocational-technical education, the] well drillers’ advisory board and the medical laboratory advisory committee, who are incumbent on July 1, 1977, expire on that date. After the expiration of the terms of such members, the persons required to appoint new members shall appoint, as nearly as may be:

       (a) One-third of the members to terms expiring June 30, 1978;

       (b) One-third of the members to terms expiring June 30, 1979; and

       (c) One-third of the members to terms expiring June 30, 1980.

       Sec. 374.  [1.  The term of office of the member appointed by the governor to the oil and gas conservation commission, who is incumbent on October 30, 1977, expires on that date. After the expiration of the term of such member, the governor shall appoint a new member to a term expiring October 30, 1980.

       2.]  The terms of office of members appointed by the governor to the state environmental commission, who are incumbent on July 1, 1977, expire on that date. After the expiration of the terms of such members, the governor shall appoint, as nearly as may be:

       [(a)]1.  One-third of the members to terms expiring June 30, 1978;

       [(b)]2.  One-third of the members to terms expiring June 30, 1979; and

       [(c)]3.  One-third of the members to terms expiring June 30, 1980.

 


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

ê1983 Statutes of Nevada, Page 157 (Chapter 26, AB 47)ê

 

      2.  Section 375 of chapter 530, Statutes of Nevada 1977, as last amended by chapter 115, Statutes of Nevada 1979, at page 173, is hereby amended to read as follows:

       Sec. 375.  1.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on October 30, 1977, expire on that date:

       (a) The [economic advisory council on tourism;

       (b) The economic advisory council on industry;

       (c) The youth services agency advisory board;

       (d)]Advisory councils in the department of economic development;

       (b) The board for youth services;

       (c) The Nevada equal rights commission;

       [(e)](d) The Nevada Indian commission;

       [(f)](e) The Nevada state rural housing authority;

       [(g)](f) The Nevada veterans’ advisory commission;

       [(h)](g) The state welfare board;

       [(i)](h) The state advisory committee on older Americans;

       [(j) The child care policy board;

       (k)](i) The Nevada racing commission;

       [(l)](j) The Nevada athletic commission;

       [(m)](k) The state [fire marshal’s advisory board;

       (n)] board of fire services;

       (l) The state board of agriculture;

       [(o)](m) The state board of sheep commissioners;

       [(p)](n) The Nevada liquefied petroleum gas board;

       [(q)](o) The Nevada employment security council;

       [(r)](p) The board of review;

       [(s)](q) The state board of architecture;

       [(t)](r) The state contractors’ board;

       [(u)](s) The state board of registered professional engineers [;

       (v)] and land surveyors;

       (t) The board of landscape architecture;

       [(w)](u) The board of dental examiners of Nevada;

       [(x)](v) The state board of nursing;

       [(y)](w) The Nevada state board of chiropractic examiners;

       [(z)](x) The state board of Oriental medicine;

       [(aa)](y) The state board of podiatry;

       [(bb)](z) The Nevada state board of optometry;

       [(cc)](aa) The board of dispensing opticians;

       [(dd)](bb) The board of hearing aid specialists;

       [(ee)](cc) The Nevada state board of veterinary medical examiners;

       [(ff)](dd) The state board of pharmacy;

       [(gg)](ee) The state board of physical therapy examiners;

       [(hh)](ff) The board of psychological examiners;

       [(ii)](gg) The board of marriage and family counselor examiners;

       [(jj)](hh) The state board of funeral directors and embalmers;

       [(kk)](ii) The [Nevada] real estate [advisory] commission;

 


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

ê1983 Statutes of Nevada, Page 158 (Chapter 26, AB 47)ê

 

       [(ll)](jj) The private investigator’s licensing board;

       [(mm)](kk) The Nevada state board of examiners for [skilled] nursing facility administrators;

       [(nn)](ll) The certified shorthand reporters board of Nevada; and

       [(oo)](mm) The taxicab authority.

       2.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 1, the governor shall appoint, as nearly as may be, new members as follows:

       (a) One-third of the members to terms expiring October 30, 1978;

       (b) One-third of the members to terms expiring October 30, 1979; and

       (c) One-third of the members to terms expiring October 30, 1980.

The governor shall appoint at least one-third of the members who are incumbent on October 30, 1977, to new terms on the respective boards, commissions or similar bodies.

       3.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on July 1, 1977, expire on that date:

       (a) The state multiple use advisory committee on federal lands;

       (b) The Eldorado Valley advisory group;

       (c) The [state] land use planning advisory council;

       (d) [The Nevada state museum board of trustees;

       (e) The Lost City museum advisory commission;

       (f) The Nevada historical society board of trustees;

       (g)] The Nevada council on libraries;

       [(h) The state textbook commission;

       (i)](e) The commission on postsecondary [institutional authorization;] education;

       [(j)](f) The state park advisory commission;

       [(k)](g) The mental hygiene and mental retardation advisory board;

       [(l)](h) The state board of forestry and fire control;

       [(m)](i) The [state board of fish and game] board of wildlife commissioners;

       [(n)](j) The state energy resources advisory board; and

       [(o)](k) The Colorado River [advisory] commission.

       4.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 3, the governor shall appoint, as nearly as may be, new members as follows:

       (a) One-third of the members to terms expiring June 30, 1978;

       (b) One-third of the members to terms expiring June 30, 1979; and

       (c) One-third of the members to terms expiring June 30, 1980.

The governor shall appoint at least one-third of the members who are incumbent on July 1, 1977, to new terms on the respective boards, commissions or similar bodies.

 


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

ê1983 Statutes of Nevada, Page 159 (Chapter 26, AB 47)ê

 

      3.  Section 376 of chapter 530, Statutes of Nevada 1977, as amended by chapter 576, Statutes of Nevada 1977, at page 1486, is hereby amended to read as follows:

       Sec. 376.  1.  The terms of office of all members of the [governor’s] advisory council on children and youth who are incumbent on July 1, 1977, expire on that date.

       2.  The governor shall appoint new members to the advisory council on children and youth, in the following manner:

       (a) One-third of the members to terms expiring June 30, 1978;

       (b) One-third of the members to terms expiring June 30, 1979; and

       (c) One-third of the members to terms expiring June 30, 1980.

       3.  The terms of office of all members of the Virginia City historic district commission who are incumbent on July 1, 1977, expire on that date.

       4.  The governor shall appoint new members to the Comstock historic district commission as follows:

       (a) Three members to terms expiring June 30, 1978;

       (b) Three members to terms expiring June 30, 1979; and

       (c) Three members to terms expiring June 30, 1980.

      4.  Section 376.5 of chapter 530, Statutes of Nevada 1977, at page 1268, is hereby amended to read as follows:

       Sec. 376.5.  1.  The terms of office of all members appointed by the governor to the state public works board who are incumbent on July 1, 1977, expire on that date. After the expiration of the terms of such members the governor shall appoint new members as follows:

       (a) Two members to terms expiring on June 30, 1978;

       (b) Two members to terms expiring on June 30, 1979;

       (c) Two members to terms expiring on June 30, 1980.

       (d) Three members to terms expiring on June 30, 1981.

The governor shall appoint not less than one third of the members from those members whose terms expire on July 1, 1977.

       2.  The terms of office of members of the Nevada state board of accountancy who are incumbent on July 1, 1977, shall expire as follows:

       (a) The member whose term expires on April 1, 1978, shall continue in office until October 30, 1978;

       (b) The member whose term expires on April 1, 1979, shall continue in office until October 30, 1979; and

       (c) The member whose term expires on April 30, 1980, shall continue in office until October 30, 1980. After the expiration of the terms of such members, the governor shall appoint new members to three-year terms with each term expiring on October 30.

      Sec. 107.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 160ê

 

CHAPTER 27, AB 152

Assembly Bill No. 152–Committee on Ways and Means

CHAPTER 27

AN ACT making an appropriation to the reserve for statutory contingency fund; and providing other matters properly relating thereto.

 

[Approved March 1, 1983]

 

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 reserve for statutory contingency fund, created pursuant to NRS 353.264, the sum of $962,330.

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

 

________

 

 

CHAPTER 28, SB 142

Senate Bill No. 142–Committee on Finance

CHAPTER 28

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

 

[Approved March 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.

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

 

________

 

 

CHAPTER 29, AB 6

Assembly Bill No. 6–Assemblymen Dini and Vergiels

CHAPTER 29

AN ACT relating to the legislative auditor; revising the procedures of arranging for audits and presenting and distributing audit reports; and providing other matters properly relating thereto.

 

[Approved March 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.821 is hereby amended to read as follows:

      218.821  1.  The legislative auditor or his designated representative shall furnish a copy of the preliminary audit report to the head of the state department audited and discuss the report with him. The head of the state department may submit to the legislative auditor, within 10 days after the discussion, his written statement of explanation or rebuttal concerning any of the findings, and the legislative auditor shall include in the final report the officer’s explanation or rebuttal to any of the findings contained in the final report.

 


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

ê1983 Statutes of Nevada, Page 161 (Chapter 29, AB 6)ê

 

include in the final report the officer’s explanation or rebuttal to any of the findings contained in the final report.

      2.  When the legislature is in session the legislative auditor shall notify the chairman of the legislative commission [,] or the chairman of the audit subcommittee, immediately following this 10-day period, that an audit report is ready for presentation to the legislative commission.

      3.  If , within 5 days after notification, the chairman of the legislative commission does not call a meeting of the commission [within 5 days after notification,] or the chairman of the audit subcommittee does not call a meeting of the subcommittee, the legislative auditor shall distribute his report and any statement received form the agency to each member of the legislature.

      Sec. 2.  NRS 218.891 is hereby amended to read as follows:

      218.891  1.  Each state agency which is awarded a federal grant, a condition of which is the requirement that an audit be conducted to ensure compliance with federal regulations, shall [:

      (a) Immediately notify the legislative auditor of the award of the grant; and

      (b) Upon receipt of the proceeds of the grant,] arrange with the legislative auditor for the conducting of the audit and remit to [the legislative auditor,] him, upon his request, a sum fixed by [the legislative auditor] him which approximates the [amount the Federal Government will contribute towards a direct charge against the grant for the audit or will contribute towards the] cost of the audit . [if it is included as a factor in the agency’s plan for cost allocation.] That amount may later be adjusted to the actual cost of the audit. The amount of the cost of the audit which the [Federal Government] state agency does not contribute must be paid from the [legislative auditor’s budget, if the audit is performed by him, or from the] audit contingency account which is hereby created in the legislative fund . [, if the audit is performed by an auditor under contract as provided for in NRS 218.892.]

      2.  The legislative auditor shall deposit [the] any sum remitted pursuant to [paragraph (b) of] subsection 1 with the state treasurer for credit to the audit contingency account in the legislative fund. Expenditures from the account may [only] be made only to pay the cost of audits described in subsection 1. All vouchers for expenses must be approved by the legislative auditor and paid as other claims against the legislative fund are paid.

      Sec. 3.  NRS 218.892 is hereby amended to read as follows:

      218.892  1.  The audit subcommittee may require the legislative auditor to conduct, or may choose to contract with a qualified accounting firm to [conduct,] perform, an audit which is a prerequisite to the award of a grant from the Federal Government to a state agency.

      2.  The legislative auditor shall keep a list of firms qualified and willing to perform this kind of audit. Firms desiring to be included on the list must annually submit to the legislative auditor statements of qualifications and data relating to the performance of the firm, including relevant information regarding any consultants used or to be used by the firm.

 


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

ê1983 Statutes of Nevada, Page 162 (Chapter 29, AB 6)ê

 

qualifications and data relating to the performance of the firm, including relevant information regarding any consultants used or to be used by the firm.

      3.  When the audit subcommittee chooses to contract with a firm to [conduct] perform an audit, the legislative auditor shall evaluate the data on file for each firm, together with any statements which firms may submit regarding the proposed audit and any other pertinent information. The legislative auditor shall prepare a list of not fewer than three [nor more than five] firms which, in the judgment of the legislative auditor, are qualified to perform the proposed audit. The legislative auditor shall submit the list to the audit subcommittee.

      4.  Two or more separate audits may be combined by the audit subcommittee to obtain auditing services from a single source. Audits combined in this manner shall be deemed a single audit for purposes of compliance with NRS 218.891 to [218.895,] 218.893, inclusive.

      Sec. 4.  NRS 218.893 is hereby amended to read as follows:

      218.893  1.  The audit subcommittee shall confer with the legislative auditor to establish standards of performance to be required of a firm chosen to perform an audit. The audit subcommittee shall conduct negotiations with each of the firms recommended for consideration by the legislative auditor and shall select the firm or firms which, in the judgment of the audit subcommittee, are best qualified to meet the standards of performance established. During the negotiations and in making its selection, the audit subcommittee shall consider:

      (a) The competency of the firms being considered;

      (b) The estimated cost of the services required to conduct the audit; and

      (c) The scope and complexity of the services required.

      2.  Each contract for an audit must be signed by the legislative auditor and an authorized representative of the firm selected to perform the audit. The legislative auditor shall periodically [monitor] inspect the performance of the firm [conducting] performing the audit to ensure that the terms of the contract are being complied with.

      3.  Except as otherwise provided in NRS 218.891 [to 218.895, inclusive,] and 218.892 and in this section, the officers and employees of a firm [conducting] performing an audit shall keep information disclosed by an audit in strict confidence and shall not disclose the contents of an audit before it is presented to the audit subcommittee. The officers and employees of the firm have the same rights of access to books, accounts, records, files, correspondence or other documents that the legislative auditor has.

      4.  At the conclusion of the audit, the firm or firms which have [conducted] performed the audit shall submit a written report of the audit to the legislative auditor. The legislative auditor shall follow the procedures set forth in NRS 218.821, concerning preliminary audit reports and shall attend, or have a member of his staff attend, the discussion held pursuant to that section.

      5.  [Copies of the final audit report may be distributed in accordance with the terms of the contract at a time before presentation to the audit subcommittee.

 


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

ê1983 Statutes of Nevada, Page 163 (Chapter 29, AB 6)ê

 

      6.]  The legislative auditor shall [distribute] present the final audit report to the audit subcommittee and thereafter distribute the report to members of the legislature, other appropriate state officers and the head of the agency audited . [:

      (a) After the audit subcommittee has received the report and has determined that the report is not to be presented to the legislative commission; or

      (b) If the audit subcommittee determines that the report is to be presented to the legislative commission, after the legislative commission has received the report.]

      Sec. 5.  NRS 218.894 and 218.895 are hereby repealed.

      Sec. 6.  Section 9 of chapter 551, Statutes of Nevada 1981, at page 1179, is hereby amended to read as follows:

       Sec. 9.  1.  There is hereby appropriated from the state general fund to the audit contingency account in the legislative fund created pursuant to section 3 of this act the sum of $50,000.

       2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1983,] 1985, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  Section 4 of this act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 30, AB 62

Assembly Bill No. 62–Assemblyman Jeffrey

CHAPTER 30

AN ACT relating to real estate brokers and salesmen; removing conflicting, redundant or obsolete provisions concerning brokers and salesmen; clarifying the requirements for experience; and providing other matters properly relating thereto.

 

[Approved March 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  The division may approve an application for a license for a person who meets all the following requirements:

      (a) Has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a broker, broker-salesman or salesman in a manner which safeguards the interest of the public, and who offers proof of those qualifications satisfactory to the division.

      (b) Has not been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude in any court of competent jurisdiction in the United States or elsewhere. The untrustworthiness of an applicant and a conviction of a crime listed in this subsection may be sufficient ground for refusal of a license.

 


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

ê1983 Statutes of Nevada, Page 164 (Chapter 30, AB 62)ê

 

ground for refusal of a license. The division may [, in its discretion,] deny a license to any person who has been convicted of engaging in a real estate business without a license.

      (c) Has not made a false statement of material fact on his application.

      (d) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      (e) Has [satisfactorily] passed the examination.

      2.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 1 year before the date of the application is grounds for refusal to grant a license.

      3.  A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding [:

      (a) The] the issuance of a broker’s license . [; or

      (b) The date of application for examination for a broker’s license.]

      Sec. 2.  NRS 645.350 is hereby amended to read as follows:

      645.350  1.  Application for license as a real estate broker, broker-salesman or salesman must be made in writing to the division upon blanks prepared or furnished by the division.

      2.  Every application for a real estate broker’s, broker-salesman’s or salesman’s license must set forth the following information:

      (a) The name, age and address of the applicant. If the applicant is a copartnership or an association which is doing business as a real estate broker, the name and address of each member thereof. If the application is for a corporation which is doing business as a real estate salesman, real estate broker-salesman or real estate broker, the name and address of each officer and director thereof.

      (b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicant’s firm, copartnership or association. Except as provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.

      (c) In the case of a broker, the place or places, including the street number, the city and county where the business is to be conducted.

      (d) The business or occupation engaged in by the applicant for a period of at least 2 years immediately preceding the date of the application, and the location thereof .

 


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

ê1983 Statutes of Nevada, Page 165 (Chapter 30, AB 62)ê

 

period of at least 2 years immediately preceding the date of the application, and the location thereof . [; if a copartnership or an association is doing business as a real estate broker, by each member thereof, or if a corporation, by each officer thereof.]

      (e) The time and place of the applicant’s previous experience in the real estate business as a broker or salesman.

      (f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty or nolo contendere to a charge of felony, and if so, the nature of the felony.

      (g) Whether the applicant has been refused a real estate broker’s, broker-salesman’s or salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state.

      (h) If the applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.

      3.  An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicant’s activities as a licensee.

      4.  If a copartnership or association is to do business as a real estate broker, the application for a broker’s license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.

      Sec. 3.  NRS 645.355 is hereby amended to read as follows:

      645.355  An applicant [for examination] for a license as a broker, broker-salesman or salesman in this state must, as part of his application, be fingerprinted. Each applicant shall, at his own expense, and on a card provided by the division, arrange to be fingerprinted by any police or sheriff’s office and shall attach his fingerprint card, after his fingerprints are taken, to his application. The division may mail the applicant’s fingerprint card to the Federal Bureau of Investigation, Washington, D.C., for its report, and to such other law enforcement agencies as the division may deem necessary.

      Sec. 4.  NRS 645.380 is hereby amended to read as follows:

      645.380  Each member or officer of a copartnership [, association] or corporation who will perform or engage in any of the acts specified in NRS 645.030, other than the member or officer designated for such purpose by the copartnership [, association] or corporation in the manner provided in NRS 645.370, shall [be required to] make application for and take out a separate broker’s license in his own name individually. The license issued to any such member or officer of a copartnership [, association] or corporation [shall entitle such] entitles the member or officer to act as a real estate broker only as an officer or agent of the copartnership [, association] or corporation and not on his own behalf.

 


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

ê1983 Statutes of Nevada, Page 166 (Chapter 30, AB 62)ê

 

      Sec. 5.  NRS 645.570 is hereby amended to read as follows:

      645.570  1.  Notice in writing must be given by the broker or a corporate officer to the division within 10 days of any change of name or business location of any licensee or of a change of association of any broker-salesman or salesman licensee. Upon the surrender of the license [and pocket identification card] previously issued and the payment of the fee required by law the division shall issue the license for the unexpired [license] term.

      2.  Upon the transfer of association of any broker-salesman or salesman licensee, application accompanied by the fee required by law must be made to the division for the reissuance of the license to the broker-salesman or salesman for the unexpired term. Such a transfer may only be into an association with a licensed broker or registered owner-developer who [shall] must certify to the honesty, truthfulness and good reputation of the transferee.

      3.  Failure to give notice as required by this section constitutes cause for the revocation of any outstanding license or involuntary inactivation of the license.

      Sec. 6.  NRS 645.680 is hereby amended to read as follows:

      645.680  1.  The procedure set forth in this section and NRS 645.690 must be followed before the revocation or suspension of any license.

      2.  Upon the initiation of a complaint [being initiated] by the administrator, the matter must be set for a hearing by the administrator, who shall schedule a hearing before the commission, and the licensee is entitled to be heard thereon in person or by counsel.

      3.  The commission shall hold [such] the hearing within 90 days after the filing of a complaint by the administrator. The time of the hearing may be continued upon the motion of the commission or at the discretion of the commission, upon the written request of the licensee or of the division for good cause shown.

      4.  The licensee must be given at least 30 days’ notice in writing by the division of the date, time and place of the hearing [, which notice must contain an exact statement of the charges filed,] together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the division relevant to the complaint. The division may present evidence obtained after the notice only if the division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee and that the evidence was given or communicated to the licensee immediately after it was obtained.

      5.  The notice may be served by delivery personally to the licensee, or by mailing by certified mail to the last known business address of the licensee. If the licensee is a broker-salesman or salesman, the division shall also notify the broker with whom he is associated, or the owner-developer by whom he is employed, by mailing an exact statement of the charges and the date, time and place of the hearing by certified mail to the owner-developer or broker’s last known business address.

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

 

________

 

 


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

ê1983 Statutes of Nevada, Page 167ê

 

CHAPTER 31, SB 16

Senate Bill No. 16–Senator Jacobsen

CHAPTER 31

AN ACT relating to emergency management; changing the name of the division of civil defense and disaster assistance to the division of emergency management; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 412.064 is hereby amended to read as follows:

      412.064  1.  The department of the military is hereby established. The department, under the direction of the governor, shall supervise the military affairs of the state and shall administer a program for [civil defense.] emergency management.

      2.  The department shall adopt, subject to the approval of the governor, necessary [rules and] regulations for the organization, government, armament, equipment, training and compensation of the militia of the state in conformity with the provisions of this chapter and the laws of the United States.

      3.  The department shall make such changes in the military organization of the Nevada National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

      4.  The department shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.

      5.  The department may establish and continue awards and decorations and approve the design therefor, which must conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

      Sec. 2.  NRS 414.020 is hereby amended to read as follows:

      414.020  1.  Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to [insure] ensure that preparations of this state will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:

      (a) To create a state [civil defense and disaster agency,] agency for emergency management and to authorize the creation of local organizations for [civil defense] emergency management in the political subdivisions of the state.

 


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

ê1983 Statutes of Nevada, Page 168 (Chapter 31, SB 16)ê

 

emergency management and to authorize the creation of local organizations for [civil defense] emergency management in the political subdivisions of the state.

      (b) To confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided in this chapter.

      (c) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the Federal Government with respect to the carrying out of [civil defense] functions [.] of emergency management.

      2.  It is further declared to be the purpose of this chapter and the policy of the state that all [civil defense] functions of emergency management in this state be coordinated to the maximum extent with the comparable functions of the Federal Government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s manpower, resources and facilities for dealing with any disaster that may occur.

      Sec. 3.  NRS 414.030 is hereby amended to read as follows:

      414.030  As used in this chapter:

      1.  [“Civil defense”] “Emergency management” means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes. These functions include, without limitation, firefighting , [services, police services,] law enforcement, medical and health services, rescue, engineering, air raid warning , [services,] communications, radiological, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

      2.  “Local organization for [civil defense”] emergency management” means an organization created in accordance with the provisions of this chapter by state or local authority to perform local [civil defense] functions [.] of emergency management.

      3.  “Mobile support unit” means an organization for [civil defense] emergency management created in accordance with the provisions of this chapter by state or local authority to be dispatched by the governor to supplement local organizations for [civil defense] emergency management in a stricken area.

      4.  “Political subdivision” means a city or county.

      Sec. 4.  NRS 414.040 is hereby amended to read as follows:

      414.040  1.  A division of [civil defense and disaster assistance] emergency management is hereby created within the department of the military. The director of the division is appointed by and holds office at the pleasure of the governor.

 


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

ê1983 Statutes of Nevada, Page 169 (Chapter 31, SB 16)ê

 

at the pleasure of the governor. The division is the state agency for civil defense and the director is the state’s director of civil defense.

      2.  The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of [civil defense,] emergency management, as may be necessary to carry out the purposes of this chapter.

      3.  The director, subject to the direction and control of the adjutant general, shall carry out the program for [civil defense of] emergency management in this state. He shall coordinate the activities of all organizations for [civil defense] emergency management within the state, maintain liaison with and cooperate with [civil defense] agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the adjutant general.

      Sec. 5.  NRS 414.060 is hereby amended to read as follows:

      414.060  1.  The governor is responsible for the carrying out of the provisions of this chapter, and in the event of disaster beyond local control may assume direct operational control over all or any part of the [civil defense] functions of emergency management within this state.

      2.  In performing his duties under this chapter, the governor may cooperate with the Federal Government, with other states, and with private agencies in all matters pertaining to [the civil defense of] emergency management in this state and [of] the nation.

      3.  In performing his duties under this chapter and to effect its policy and purpose, the governor may:

      (a) Make, amend and rescind the necessary orders [, rules] and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him in this chapter, with due consideration of the plans of the Federal Government.

      (b) Prepare a comprehensive plan and program for [the civil defense of] emergency management in this state to be integrated into and coordinated with the [civil defense] plans of the Federal Government and of other states for emergency management to the fullest possible extent, and coordinate the preparation of plans and programs for [civil defense] emergency management by the political subdivisions of this state to be integrated into and coordinated with the [civil defense] plan and program of this state to the fullest possible extent.

      (c) In accordance with the plan and program for the [civil defense of] emergency management in this state, procure supplies and equipment, institute training programs and public information programs, and take all other preparatory steps, including the partial or full mobilization of [civil defense] organizations for emergency management in advance of actual disaster, to [insure] ensure the furnishing of adequately trained and equipped forces [of civil defense personnel] in time of need.

      (d) Make such studies and surveys of the industries, resources and facilities in this state as may be necessary to ascertain the capabilities of the state for [civil defense] emergency management and plan for the most efficient emergency use thereof.

 


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

ê1983 Statutes of Nevada, Page 170 (Chapter 31, SB 16)ê

 

of the state for [civil defense] emergency management and plan for the most efficient emergency use thereof.

      (e) On behalf of this state, enter into mutual aid arrangements with other states and coordinate mutual aid plans between political subdivisions of this state.

      (f) Delegate any administrative authority vested in him under this chapter, and provide for the subdelegation of any such authority.

      (g) Cooperate with the President and the heads of the Armed Forces, the [civil defense] agency of the United States [,] for emergency management and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to [the civil defense of] emergency management in the state and nation, including the direction or control of:

             (1) Blackouts and practice blackouts, air raid drills, mobilization of [civil defense] forces [,] for emergency management and other tests and exercises.

             (2) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith.

             (3) The effective screening or extinguishing of all lights and lighting devices and appliances.

             (4) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services.

             (5) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before and after drills or attack.

             (6) Public meetings or gatherings.

             (7) The evacuation and reception of the civilian population.

      Sec. 6.  NRS 414.070 is hereby amended to read as follows:

      414.070  The provisions of this section [shall be] are operative only during the existence of a state of [civil defense] emergency . [(referred to hereinafter in this section as “emergency”).] The existence of such an emergency may be proclaimed by the governor or by resolution of the legislature if the governor in [such] his proclamation, or the legislature in [such] its resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural disaster of major proportions has actually occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. Any such emergency, whether proclaimed by the governor or by the legislature, [shall terminate] terminates upon the proclamation of the termination thereof by the governor, or the passage by the legislature of a resolution terminating [such] the emergency. During the period when the state of emergency exists or continues, the governor [shall have and] may exercise the following additional emergency powers:

      1.  To enforce all laws [, rules] and regulations relating to [civil defense] emergency management and to assume direct operational control of any or all [civil defense] forces and helpers for emergency management in the state.

      2.  To sell, lend, lease, give, transfer or deliver materials or perform services for [civil defense purposes] the purpose of emergency management on such terms and conditions as the governor [shall prescribe] prescribes and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.

 


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

ê1983 Statutes of Nevada, Page 171 (Chapter 31, SB 16)ê

 

services for [civil defense purposes] the purpose of emergency management on such terms and conditions as the governor [shall prescribe] prescribes and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.

      3.  To procure, by purchase, condemnation, seizure [,] or other means, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for [civil defense] emergency management without regard to the limitations of any existing law . [, provided he] He shall make compensation for the property so seized, taken [,] or condemned on the following basis:

      (a) In case property is taken for temporary use, the governor, within 90 days of the taking, shall fix the amount of compensation to be paid therefor . [; and in case such] If the property [shall be] is returned to the owner in a damaged condition, or [shall not be] is not returned to the owner, the governor shall fix within 90 days the amount of compensation to be paid for [such] the damage or failure to return. Whenever the governor [shall deem] deems it advisable for the state to take title to property taken under this section, he shall forthwith cause the owner of such property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the secretary of state.

      (b) Within the 90-day period [herein fixed] prescribed in paragraph (a) the governor shall make an offer in writing to the person or persons entitled to receive [the same] it of the amount of money proposed to be paid as [and for] full compensation. [In the event] If the offer is accepted then the money [shall] must be paid out of such fund, funds or such sources as are available and no further action either in law or in equity [shall] may ever be maintained in connection therewith. If such offer of payment is refused then the person or persons entitled thereto [shall] have the same rights as plaintiffs in actions of eminent domain insofar as the fixing of damages and compensation is concerned, [and] NRS 37.060, 37.070, 37.080 and 37.090, so far as applicable, [shall] apply, and proceedings [shall] must be had in conformity therewith so far as possible. Such action must [, however,] be commenced within 1 year [from] after the receipt of offer of settlement from the governor.

      4.  To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of [such evacuees.] those persons.

      5.  Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under this chapter for willful failure to obey an order [, rule] or regulation adopted pursuant to this chapter. Such removal [shall] must be upon charges after service upon [such person] the officer of a copy of the charges and after giving him an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend [such person] the officer for a period not exceeding 30 days.

 


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

ê1983 Statutes of Nevada, Page 172 (Chapter 31, SB 16)ê

 

exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section [shall] must be filled as provided by law.

      6.  To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

      Sec. 7.  NRS 414.080 is hereby amended to read as follows:

      414.080  1.  The governor or his duly designated representative [is authorized to] may create and establish such number of mobile support units as may be necessary to reinforce [civil defense] organizations for emergency management in stricken areas and with due consideration of the plans of the Federal Government and of other states. He may appoint a commander for each such unit who [shall have] has primary responsibility for the organization, administration and operation of the unit. Mobile support units may be called to duty upon orders of the governor and shall perform their functions in any part of the state, or, upon the conditions specified in this section, in other states.

      2.  Personnel of mobile support units while on duty, whether within or without the state [, shall:] :

      (a) If they are employees of the state, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment.

      (b) If they are employees of a political subdivision of the state, and whether serving within or without [such] that political subdivision, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment.

      (c) If they are not employees of the state or a political subdivision thereof, [be] are entitled to compensation by the state at $10 per day and to the same rights and immunities as are provided by law for the employees of the state. All personnel of mobile support units [shall,] , while on duty, [be] are subject to the operational control of the authority in charge of [civil defense] activities for emergency management in the area in which they are serving, and [shall] must be reimbursed for all actual and necessary travel and subsistence expenses.

      3.  The state may reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as members of a mobile support unit, [and] for all payments for death, disability or injury of such employees incurred in the course of duty, and for all losses of or damage to supplies and equipment of [such] the political subdivision resulting from the operation of such mobile support unit.

      Sec. 8.  NRS 414.090 is hereby amended to read as follows:

      414.090  1.  Each political subdivision of this state [is hereby authorized to and] may establish a local organization for [civil defense] emergency management in accordance with the [state civil defense] state’s plan and program [.] for emergency management. Such a political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as [shall be imposed.] it imposes. Each local organization for [civil defense shall] emergency management must have a director who [shall] must be appointed by the executive officer or governing body of the political subdivision, and who [shall have] has direct responsibility for the organization, administration and operation of the local organization for [civil defense,] emergency management subject to the direction and control of the executive officer or governing body.

 


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

ê1983 Statutes of Nevada, Page 173 (Chapter 31, SB 16)ê

 

local organization for [civil defense shall] emergency management must have a director who [shall] must be appointed by the executive officer or governing body of the political subdivision, and who [shall have] has direct responsibility for the organization, administration and operation of the local organization for [civil defense,] emergency management subject to the direction and control of the executive officer or governing body. Each local organization for [civil defense] emergency management shall perform [civil defense] functions of emergency management within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of NRS 414.100.

      2.  In carrying out the provisions of this chapter each political subdivision in which any disaster [as] described in NRS 414.020 occurs [shall have the power to] may enter into contracts and incur obligations necessary to combat such a disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such a disaster. Each political subdivision [is authorized to] may exercise the powers vested under this section in the light of the exigencies of the extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law, [excepting mandatory] except constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditure of public funds.

      Sec. 9.  NRS 414.100 is hereby amended to read as follows:

      414.100  The director of each local organization for [civil defense] emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed [mutual aid] arrangements for reciprocal [civil defense] aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements [shall] must be consistent with the [state civil defense] state’s plan and program [,] for emergency management and in time of emergency each local organization for [civil defense] emergency management shall render assistance in accordance with the provisions of such [mutual aid] arrangements.

      Sec. 10.  NRS 414.110 is hereby amended to read as follows:

      414.110  1.  All functions [hereunder] under this chapter and all other activities relating to [civil defense] emergency management are hereby declared to be governmental functions. Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivision thereof, nor except in cases of willful misconduct, gross negligence, or bad faith, any [civil defense] worker complying with or reasonably attempting to comply with this chapter, or any order [, rule] or regulation promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, [shall be] is liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section [shall] do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the provisions of chapter 616 of NRS, or under any pension law, nor the right of any such person to receive any benefits or compensation under any Act of Congress.

 


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

ê1983 Statutes of Nevada, Page 174 (Chapter 31, SB 16)ê

 

this section [shall] do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the provisions of chapter 616 of NRS, or under any pension law, nor the right of any such person to receive any benefits or compensation under any Act of Congress.

      2.  Any requirement for a license to practice any professional, mechanical or other skill [shall] does not apply to any authorized [civil defense] worker who , [shall,] in the course of performing his duties as such, [practice such] practices that professional, mechanical or other skill during [a civil defense] an emergency.

      3.  As used in this section , the term [civil defense worker shall include] “worker” includes any full-time or part-time paid, volunteer or auxiliary employee of this state, [or] of any political subdivision thereof, [or] of other states, territories, possessions or the District of Columbia, of the Federal Government, [or] of any neighboring country, or of any political subdivision thereof, or of any agency or organization, performing [civil defense] services for emergency management at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof.

      Sec. 11.  NRS 414.130 is hereby amended to read as follows:

      414.130  1.  Each political subdivision may make appropriations in the manner provided by law for making appropriations for the ordinary expenses of the political subdivision for the payment of expenses of its local organization for [civil defense.] emergency management.

      2.  Whenever the Federal Government or any agency or officer thereof offers to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or money by way of gift, grant or loan, for purposes of [civil defense,] emergency management, the state, acting through the governor and, if the provisions of NRS 353.335 require it, with the approval of the interim finance committee, or such political subdivision, acting with the consent of the governor and through its executive officer or governing body, may accept the offer, and upon acceptance the governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or money on behalf of the state or political subdivision, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

      3.  Whenever any person, firm or corporation offers to the state or to any political subdivision thereof services, equipment, supplies, materials, or money by way of gift, grant or loan, for purposes of [civil defense,] emergency management, the state, acting through the governor and, if the provisions of NRS 353.335 require it, with the approval of the interim finance committee, or a political subdivision, acting through its executive officer or governing body, may accept the offer, and upon acceptance the governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or money on behalf of the state or the political subdivision, subject to the terms of the offer.

 


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

ê1983 Statutes of Nevada, Page 175 (Chapter 31, SB 16)ê

 

receive the services, equipment, supplies, materials, or money on behalf of the state or the political subdivision, subject to the terms of the offer.

      Sec. 12.  NRS 414.140 is hereby amended to read as follows:

      414.140  In carrying out the provisions of this chapter, the governor and the executive officers or governing bodies of the political subdivisions of the state [are directed to] shall utilize the services, equipment, supplies and facilities of existing departments, offices [,] and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices [,] and agencies are directed to cooperate with and extend such services and facilities upon request to the governor and to the [civil defense] organizations of the state [upon request.] for emergency management.

      Sec. 13.  NRS 414.150 is hereby amended to read as follows:

      414.150  1.  No person [shall] may be employed or associated in any capacity in any [civil defense] organization for emergency management established under this chapter, who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States.

      2.  Each person who is appointed to serve in an organization for [civil defense shall,] emergency management must, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this state, which oath [shall] must be substantially as follows:

      I, ........................., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the constitution of the State of Nevada against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

      And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of [civil defense organization),] organization for emergency management), I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this state by force or violence.

      Sec. 14.  NRS 414.160 is hereby amended to read as follows:

      414.160  Every organization for [civil defense] emergency management established pursuant to this chapter and the officers thereof shall execute and enforce such orders [, rules] and regulations as may be made by the governor under authority of this chapter. Each such organization shall have available for inspection at its office all orders [, rules] and regulations made by the governor, or under his authority.

 


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

ê1983 Statutes of Nevada, Page 176 (Chapter 31, SB 16)ê

 

      Sec. 15.  NRS 233F.144 is hereby amended to read as follows:

      233F.144  1.  The provisions of NRS 233F.142 to 233F.148, inclusive, do not apply to the department of transportation, the department of conservation and natural resources, the department of wildlife [, the Nevada military department] and the [state civil defense and disaster agency,] department of the military but subject to the provisions of NRS 233F.142 to 233F.148, inclusive, those departments [, officers and agencies] may utilize the services of the communications subdivision.

      2.  The communications subdivision shall provide all other state agencies with all of their required [communications] services for repair and maintenance [services.] of their system of communication.

      3.  If the demand for services is in excess of the capability of the subdivision to supply those services, the coordinator of communications shall contract with other agencies or independent contractors to furnish the required service and is responsible for the administration of such contracts.

      Sec. 16.  NRS 233F.170 is hereby amended to read as follows:

      233F.170  In the event of any emergency, the governor may direct [civil defense assumption of] the division of emergency management of the department of the military to assume control over all or part of the state communications system.

      Sec. 17.  NRS 333.490 is hereby amended to read as follows:

      333.490  1.  The chief shall do all things necessary to secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to [civil defense] organizations [,] for emergency management, to volunteer fire departments, and to such other institutions or activities as may be eligible under federal law to acquire such property. The chief may make such certifications, take such action and enter into such contracts and undertakings for and in the name of the state as may be authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He may adopt regulations, prescribe requirements, and take action as he deems necessary to assure maximum utilization by and benefit to eligible institutions and organizations from the federal donable surplus property. He shall make a charge to the schools and institutions receiving donable surplus property secured through the purchasing division, the charge to be a percentage of the [acquisition] cost of acquisition or of the fair value of the item requested sufficient to repay in portion or in entirety the cost of transportation and other costs incurred in acquisition of the property.

      2.  All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the surplus property administration fund, which is hereby created as a special revenue fund. All expenses for the distribution of federal surplus property must be paid from the fund as other claims against the state are paid.

      3.  The chief may discontinue temporarily or terminate entirely the operation of purchasing and distributing donable surplus property [operation at anytime] at any time when there is not a sufficient flow of property to make continued employment of personnel for this purpose beneficial to the state.

 


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

ê1983 Statutes of Nevada, Page 177 (Chapter 31, SB 16)ê

 

[operation at anytime] at any time when there is not a sufficient flow of property to make continued employment of personnel for this purpose beneficial to the state.

      Sec. 18.  NRS 689B.070 is hereby amended to read as follows:

      689B.070  “Blanket health insurance” is that form of health insurance covering groups of persons as enumerated in one of the following subsections under a policy or contract issued to:

      1.  Any common carrier or to any operator, owner or lessee of a means of transportation, who or which shall be deemed the policyholder, covering a group of persons who may become passengers defined by reference to their travel status on such common carrier or such means of transportation.

      2.  An employer, who shall be deemed the policyholder, covering any group of employees, dependents or guests, defined by reference to specified hazards incident to an activity or activities or operations of the policyholder.

      3.  A college, school or other institution of learning, a school district or districts, or school jurisdictional unit, or to the head, principal or governing board of any such educational unit, who or which shall be deemed the policyholder, covering students, teachers or employees.

      4.  A religious, charitable, recreational, educational or civic organization, or branch thereof, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

      5.  A sports team, camp or sponsor thereof, which shall be deemed the policyholder, covering members, campers, employees, officials or supervisors.

      6.  A volunteer fire department, organization providing first aid, [civil defense] organization for emergency management or other such volunteer organization, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

      7.  A newspaper or other publisher, which shall be deemed the policyholder, covering its carriers.

      8.  An association, including a labor union, which has a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, which shall be deemed the policyholder, covering any group of members or participants defined by reference to specified hazards incident to an activity or activities or operations sponsored or supervised by such policyholder.

      9.  Cover any other risk or class of risks which, in the discretion of the commissioner, may be properly eligible for blanket health insurance. The discretion of the commissioner may be exercised on the basis of an individual risk [basis] or class of risks, or both.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 178ê

 

CHAPTER 32, AB 108

Assembly Bill No. 108–Assemblyman Sedway

CHAPTER 32

AN ACT relating to pharmacy; removing the limitation on the number of times an applicant for a certificate as a registered pharmacist may take the examination; removing the requirement that examinations be conducted at meetings of the board; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 639.130 is hereby amended to read as follows:

      639.130  1.  An applicant for a certificate as a registered pharmacist who has failed to pass the board’s examination for such certificate is not eligible for reexamination until the next regularly scheduled [meeting of] examination conducted by the board.

      2.  An applicant failing the entire examination is required to retake the entire examination. If the applicant fails only part of the examination, he is required to retake only that part and may retake any other part of the examination.

      3.  [No applicant for a certificate as a registered pharmacist is entitled to more than three examinations for such certificate.

      4.]  Except as specifically provided in NRS 639.133, no subsequent examination may be given any applicant until he has filed a new application and paid a new fee therefor.

 

________

 

 

CHAPTER 33, AB 107

Assembly Bill No. 107–Assemblyman Sedway

CHAPTER 33

AN ACT relating to pharmacists; providing that an application for registration as a pharmacist is only valid for 1 year; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 639.127 is hereby amended to read as follows:

      639.127  1.  An applicant for registration as a pharmacist in this state [shall] must submit an application to the secretary of the board on a form furnished by the board and [shall] must pay the fee fixed by the board . [as provided in NRS 639.170.] The fee [shall] must be paid at the time the application is submitted and [shall be] is compensation to the board for either the investigation or examination of the applicant. Under no circumstances [shall] may the fee be refunded.

      2.  Proof of the qualifications of any applicant [shall] must be made to the satisfaction of the board and [shall] must be substantiated by affidavits, records or such other evidence as the board may require.

 


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

ê1983 Statutes of Nevada, Page 179 (Chapter 33, AB 107)ê

 

made to the satisfaction of the board and [shall] must be substantiated by affidavits, records or such other evidence as the board may require.

      3.  An application is only valid for 1 year from the date it is received by the board unless the board extends its period of validity.

 

________

 

 

CHAPTER 34, AB 66

Assembly Bill No. 66–Committee on Government Affairs

CHAPTER 34

AN ACT relating to the legislative counsel bureau; removing a limitation upon the authority of the legislative commission to prescribe the duration of leaves of absence for the personnel of the bureau; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.013 is hereby amended to read as follows:

      284.013  1.  This chapter does not apply to:

      (a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government; or

      (b) Officers or employees of any agency of the executive department of the state government who are exempted by specific statute.

      2.  [Terms] Except as provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence [(including,] , including without limitation [,] annual leave and sick and disability [leave),] leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations . [, but]

      3.  Except as provided in this subsection, leaves of absence [so] prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the legislative commission with respect to the personnel of the legislative counsel bureau.

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

 

________

 

 


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

ê1983 Statutes of Nevada, Page 180ê

 

CHAPTER 35, AB 67

Assembly Bill No. 67–Committee on Government Affairs

CHAPTER 35

AN ACT relating to local governments; correcting the definition of “mediation” in relation to local governments and their employees; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 288.063 is hereby amended to read as follows:

      288.063  [“Mediator”] “Mediation” means assistance by an impartial third party to reconcile differences between a local government employer and a bargaining unit through interpretation, suggestion and advice.

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

 

________

 

 

CHAPTER 36, AB 18

Assembly Bill No. 18–Committee on Government Affairs

CHAPTER 36

AN ACT relating to the state board of examiners; makes various changes in the handling of the money in the stale claims account and the reserve for statutory contingency fund; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.097 is hereby amended to read as follows:

      353.097  1.  As used in this section “stale claim” means a claim which is presented by a state agency to the state board of examiners after the date on which it is provided by law that [funds] money appropriated to that state agency for the previous fiscal year [shall revert] reverts to the fund from which appropriated.

      2.  There is hereby created [in the state treasury] a stale claims [fund account. Moneys for such fund account shall] account in the state general fund. Money for the account must be provided by direct legislative appropriation. [The stale claims fund account is a continuing account and any moneys in such account shall not revert to the general fund.]

      3.  Upon the approval of a stale claim by the state board of examiners, [such claims shall] the claim must be paid from the stale claims [fund] account. Payments of stale claims for a state agency [shall] must not exceed the amount of money reverted to the fund from which appropriated by [such] the state agency for the fiscal year in which the obligations represented by the stale claims were incurred.

      4.  A stale claim may be approved and paid at any time, despite the age of the claim, if payable from available federal grants or from a permanent fund in the state treasury other than the state general fund.

 


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

ê1983 Statutes of Nevada, Page 181 (Chapter 36, AB 18)ê

 

      Sec. 2.  NRS 353.145 is hereby amended to read as follows:

      353.145  1.  If a state controller’s warrant has been canceled pursuant to the provisions of NRS 353.130, after a period of 1 year from the date of the original warrant, the person in whose favor [such warrant may have been drawn shall be permitted to] the warrant was drawn may renew his claim against the state, [to] in the amount of [such warrant canceled,] the warrant which was canceled, by presenting it to the state board of examiners.

      2.  If approved by the state board of examiners, payment may be made out of the stale claims [fund] account as provided in NRS 353.097.

      Sec. 3.  NRS 353.262 is hereby amended to read as follows:

      353.262  When the state board of examiners finds, after diligent inquiry and examination, that:

      1.  As a result of [the] payment [of] for terminal leave, [pay,] sick leave [pay] or unused sick leave [pay] to any state officer or employee or his beneficiary, sufficient appropriated money does not remain available to permit the payment of [salaries] a salary when due to a person to be appointed or employed to replace the officer or employee; and

      2.  The appointment or employment of [such] the replacement is necessary in the best interests of the state,

the state board of examiners may authorize the expenditure of sums not exceeding [$2,500] $3,500 from the reserve for statutory contingency fund for payment of [salaries] a salary when due to each person so appointed or employed as a replacement for the person to whom [such] the terminal leave pay or sick leave pay was paid or is payable.

      [3.  The clerk of the state board of examiners shall, before September 1 of each year, file a report with the legislative auditor delineating each transfer from the fund pursuant to this section for the payment of salaries for the fiscal year ending June 30 of such year.]

      Sec. 4.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The reserve for statutory contingency fund is hereby created as a trust fund.

      2.  The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:

      (a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 41.0349, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235; and

      (b) The payment of claims which are obligations of the state under:

             (1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and

             (2) NRS [7.125,] 7.155, 176.223, 177.345, 178.465, 179.225 and 213.153,

but [such] the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.

 


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

ê1983 Statutes of Nevada, Page 182 (Chapter 36, AB 18)ê

 

listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted.

 

________

 

 

CHAPTER 37, AB 71

Assembly Bill No. 71–Committee on Government Affairs

CHAPTER 37

AN ACT relating to boards of county commissioners; removing a conflict between NRS 244.014 and 244.016 concerning the number and terms of county commissioners in certain counties by correcting an obsolete classification by population; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.016 is hereby amended to read as follows:

      244.016  1.  In each county having a population of [200,000] 250,000 or more, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] the board of county commissioners consists of seven members. Each member [shall] must be a resident of, and elected by the registered voters of, a county commissioner election district established pursuant to this chapter.

      2.  The board of county commissioners shall establish seven county commissioner election districts which [shall] must be as nearly equal in population as practicable, and each of which [shall] must be composed entirely of contiguous territory and be as compact as possible.

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

 

________

 

 

CHAPTER 38, AB 68

Assembly Bill No. 68–Committee on Government Affairs

CHAPTER 38

AN ACT relating to the public employees’ retirement system; removing inappropriate references to the applicability of the State Budget Act; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.282 is hereby amended to read as follows:

      286.282  [1.]  The chief of the budget division of the department of administration shall advise the governor in the discharge of his responsibility for reviewing the system’s administrative policies and performance standards under this chapter.

      [2.  None of the provisions of the State Budget Act, except subsection 3 of NRS 353.210, apply to the system.

 


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

ê1983 Statutes of Nevada, Page 183 (Chapter 38, AB 68)ê

 

      3.  The board shall submit its budget to the legislature in such form as shall be prescribed by the legislative commission.]

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

 

________

 

 

CHAPTER 39, AB 69

Assembly Bill No. 69–Committee on Government Affairs

CHAPTER 39

AN ACT relating to the Nevada Indian commission; eliminating a conflict between NRS 233A.050 and subsection 3 of NRS 233A.065 which requires the executive director, who is appointed by the governor, to act as secretary; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233A.050 is hereby amended to read as follows:

      233A.050  The commissioners shall designate a chairman. [and secretary.] The commissioners shall meet at least four times each year and at such places and times as [shall be] are specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Three members of the commission [shall] constitute a quorum which may exercise all the authority conferred upon the commission.

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

 

________

 

 

CHAPTER 40, AB 70

Assembly Bill No. 70–Committee on Government Affairs

CHAPTER 40

AN ACT relating to the “MX” missile project; repealing and removing provisions of law concerning the project; and providing other matters properly relating thereto.

 

[Approved March 4, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233B.039 is hereby amended to read as follows:

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

      (a) The governor.

      (b) The department of prisons.

      (c) The University of Nevada System.

      (d) The department of the military.

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

 


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

ê1983 Statutes of Nevada, Page 184 (Chapter 40, AB 70)ê

 

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

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

      [(j) The state “MX” missile board.]

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

      3.  The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.

      4.  The special provisions of:

      (a) NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;

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

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

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

prevail over the general provisions of this chapter.

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

      Sec. 2.  NRS 353.210 is hereby amended to read as follows:

      353.210  1.  Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.

 


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

ê1983 Statutes of Nevada, Page 185 (Chapter 40, AB 70)ê

 

      2.  The expenditure estimates must be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state funds or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.

      3.  Agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system, the state industrial insurance system [, the state “MX” missile board with respect to money allocated or use by the state or any of its agencies,] and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.

      Sec. 3.  NRS 353.246 is hereby amended to read as follows:

      353.246  Except as provided in subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative department, the public employees’ retirement system [the state “MX” missile board] and the judicial department of the state government. They shall submit their budgets to the legislature in such form as [shall be] is prescribed by the legislative commission.

      Sec. 4.  NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as provided in subsections 4 and 5, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

      2.  If:

      (a) Any proposed gift or grant is necessary for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action, and his reasons for determining that immediate action was necessary, to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

      (b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the time period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance.

 


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

ê1983 Statutes of Nevada, Page 186 (Chapter 40, AB 70)ê

 

within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.

      (c) The proposed acceptance of any gift or grant which does not qualify under paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved

      3.  The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.

      4.  In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:

      (a) The need for the facility or service to be provided or improved;

      (b) Any present or future commitment required of the state;

      (c) The extent of the program proposed; and

      (d) The condition of the national economy, and any related fiscal or monetary policies.

      5.  A state agency may accept:

      (a) Gifts not exceeding $10,000 each in value; and

      (b) Governmental grants not exceeding $50,000 each in value,

if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

      6.  This section does not apply to:

      (a) The state industrial insurance system;

      (b) The University of Nevada System; or

      (c) [The state “MX” missile board; or

      (d)] The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.

      Sec. 5.  1.  Chapter 344, Statutes of Nevada 1981, at page 632, is hereby repealed.

      2.  Chapter 409, Statutes of Nevada 1981, at page 760, is hereby repealed.

      3.  Sections 1, and 3 of chapter 779, Statutes of Nevada 1981, at pages 2043 and 2044, respectively, are hereby repealed.

      Sec. 6.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 187ê

 

CHAPTER 41, SB 133

Senate Bill No. 133–Committee on Finance

CHAPTER 41

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

 

[Approved March 8, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is herby appropriated from the state general fund to the emergency fund, created pursuant to NRS 353.263, the sum of $3,657.

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

 

________

 

 

CHAPTER 42, SB 50

Senate Bill No. 50–Senator Jacobsen

CHAPTER 42

AN ACT relating to county codes; reducing the number of copies required to be reproduced when the code is adopted; and providing other matters properly relating thereto.

 

[Approved March 8, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.117 is hereby amended to read as follows:

      244.117  1.  The county code [shall] must be adopted by an ordinance. The only title necessary for [such ordinance shall be] the ordinance is “An Ordinance enacting a revision and codification of the general ordinances of [the county of ...........................”] ....................... County.”

      2.  The proposed county code may be adopted by reference and need not be read aloud to the board of county commissioners if the board:

      (a) Files three or more copies of the proposed code with the county clerk at least 1 week before final adoption of the ordinance.

      (b) Publishes a notice of [such] the filing in a newspaper having general circulation in the county at least 1 week before final adoption of the ordinance stating that copies of the proposed code may be examined by the general public at the office of the county clerk.

      3.  The ordinance adopting the county code [shall] must be published by title only once a week for a period of 2 weeks in a newspaper having general circulation in the county, and [shall] must state that copies of the code may be examined by the general public at the office of the county clerk.

      4.  The ordinance adopting the county code [shall take] takes effect after:

      (a) At least [50] 25 copies of the code have been reproduced [.] ;

 


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

ê1983 Statutes of Nevada, Page 188 (Chapter 42, SB 50)ê

 

      (b) At least three copies of the code have been filed with the county clerk [.] ; and

      (c) The newspaper publication required by subsection 3 has been completed.

 

________

 

 

CHAPTER 43, AB 1

Assembly Bill No. 1–Assemblymen Getto, Redelsperger, Bergevin and Marvel

CHAPTER 43

AN ACT relating to secured transactions; requiring the filing of financial statements covering movable farm products or equipment used in farming operations with the secretary of state; and providing other matters properly relating thereto.

 

[Approved March 8, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 104.9401 is hereby amended to read as follows:

      104.9401  1.  The proper place to file in order to perfect a security interest is as follows:

      (a) When the collateral is [equipment used in farming operations, or farm products, or accounts or general intangibles arising from or relating to the sale of farm products by a farmer, or] consumer goods, then in the office of the county recorder in the county of the debtor’s residence or if the debtor is not a resident of this state then in the office of the county recorder in the county where the goods are kept, and [in addition] when the collateral is crops, growing or to be grown, in the office of the county recorder in the county where the land on which the crops are growing or to be grown is located.

      (b) Except as otherwise provided in subsection 5, when the collateral is timber to be cut or is minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or when the financing statement is filed as a fixture filing (NRS 104.9313) and the collateral is goods which are or are to become fixtures, then in the office where a mortgage on the real estate would be filed or recorded.

      (c) In all cases, in the office of the secretary of state.

      2.  A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.

      3.  A filing which is made in the proper place in this state continues effective even though the debtor’s residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.

 


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

ê1983 Statutes of Nevada, Page 189 (Chapter 43, AB 1)ê

 

      4.  The rules stated in NRS 104.9103 determine whether filing is necessary in this state.

      5.  Notwithstanding the preceding subsections, and subsection 3 of NRS 104.9302, the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is set forth in NRS 704.205. This constitutes a fixture filing (NRS 104.9313) as to the collateral described therein which is or is to become fixtures.

      6.  For the purposes of this section, the residence of an organization is its place of business if it has one or its chief executive office if it has more than one place of business.

      Sec. 2.  A financing statement or continuation statement which was filed before July 1, 1983, in the place or places specified in NRS 104.9401 as that section read at the time of filing remains effective for:

      1.  The period specified in NRS 104.9403 if the place of filing is appropriate under NRS 104.9401 after July 1, 1983; or

      2.  The period specified in NRS 104.9403 or for 1 year from July 1, 1983, whichever is the shorter period, if the place of filing is not appropriate under NRS 104.9401 after July 1, 1983. If the secured party files a new financing statement in the appropriate place before the previous filing lapses, the new filing, for the purpose of priority, continues the effectiveness of the previous filing.

 

________

 

 

CHAPTER 44, AB 77

Assembly Bill No. 77–Committee on Health and Welfare

CHAPTER 44

AN ACT relating to public health; modernizing the Nevada Food, Drug and Cosmetic Act; and providing other matters properly relating thereto.

 

[Approved March 8, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 585.090 is hereby amended to read as follows:

      585.090  “Federal Act” means the Federal Food, Drug, and Cosmetic Act, [approved June 25, 1938, being c. 675, 52 Stat. 1040, and also designated as] 21 U.S.C. §§ 301 [to 392, inclusive.] et seq., as that act exists on June 30, 1983.

      Sec. 2.  NRS 585.140 is hereby amended to read as follows:

      585.140  “New drug” means [:

      1.  Any] any drug the composition of which is such that [such drug is] the drug:

      1.  Is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling thereof; or

      [2.  Any drug the composition of which is such that such drug, as]

 


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

ê1983 Statutes of Nevada, Page 190 (Chapter 44, AB 77)ê

 

      2.  As a result of investigations to determine its safety and effectiveness for use under [such] those conditions, has become so recognized, but which has not, [otherwise than in such] other than in the investigations, been used to a material extent or for a material time under [such] those conditions.

      Sec. 3.  NRS 585.300 is hereby amended to read as follows:

      585.300  A food shall be deemed to be adulterated [:

      1.  If it] if:

      1.  It bears or contains any poisonous or deleterious substance which may render it injurious to health [; but in case] unless the substance is not an added substance [such food shall not be considered adulterated under this subsection if] and the quantity of [such substance in such food] the substance does not ordinarily render it injurious to health; [or

      2.  If it] 2.  It consists in whole or in part of a diseased, contaminated, filthy [, putrid] or decomposed substance, or if it is otherwise unfit for food; [or

      3.  If it] 3.  It has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth [, or whereby it may have been] or rendered diseased, unwholesome or injurious to health; [or

      4.  If it] 4.  It is the product of [a diseased animal or] an animal which [has] was diseased, died otherwise than by slaughter [, or that has been] or was fed upon the uncooked offal from a slaughterhouse; [or

      5.  If its] 5.  Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health [.] ; or

      6.  It bears or contains any color additive which is unsafe within the meaning of the Federal Act.

      Sec. 4.  NRS 585.370 is hereby amended to read as follows:

      585.370  A drug or device shall be deemed to be adulterated [:

      1.  If it] if:

      1.  It consists in whole or in part of any filthy [, putrid] or decomposed substance; [or

      2.  If it] 2.  It has been produced, prepared, packed or held under insanitary conditions whereby it may have been rendered injurious to health; [or

      3.  If it] 3.  It is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

      4.  [If it] It is a drug and it bears or contains, for [purposes of] coloring only, a [coal tar color other than one from a batch certified by the United States Department of Agriculture.] color additive which is unsafe within the meaning of the Federal Act.

      Sec. 5.  NRS 585.380 is hereby amended to read as follows:

      585.380  1.  A drug [or device] shall be deemed to be adulterated if it [purports to be or] is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in [such compendium.

 


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

ê1983 Statutes of Nevada, Page 191 (Chapter 44, AB 77)ê

 

from, or its quality or purity falls below, the standard set forth in [such compendium. Such] the compendium. The determination as to strength, quality or purity [shall] must be made in accordance with the tests or methods of assay set forth in [such] the compendium or, in the absence of or inadequacy of [such] those tests or methods of assay, those prescribed [by the United States Department of Agriculture.

      2.  No drug] pursuant to the Federal Act.

      2.  A drug which is defined in an official compendium shall not be deemed to be adulterated under this section because it differs from the standard of strength, quality or purity [therefor] set forth in [such] the compendium if [its difference in strength, quality or purity from such standard] that difference is plainly stated on its label.

      Sec. 6.  NRS 585.340 is hereby repealed.

 

________

 

 

CHAPTER 45, AB 41

Assembly Bill No. 41–Committee on Commerce

CHAPTER 45

AN ACT relating to mobile homes; changing the requirements for the conversion of mobile homes to real property; and providing other matters properly relating thereto.

 

[Approved March 8, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.244 is hereby amended to read as follows:

      361.244  1.  A mobile home, as defined in NRS 361.561, is eligible to become real property if the running gear is removed and:

      (a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home; or

      (b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.

      2.  A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. That assessor shall not place a mobile home on the tax roll until:

      (a) He has received verification from the manufactured housing division of the department of commerce that there is no security interest in the mobile home [;

      (b) Holders] or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;

      [(c) The dealer or owner has delivered to the division all documents relating to the mobile home in its former condition as personal property; or

      (d)](b) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorder’s office of the county in which the mobile home is located [.] ; and

 


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

ê1983 Statutes of Nevada, Page 192 (Chapter 45, AB 41)ê

 

      (c) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.

      3.  Factory-built housing, as defined in NRS 461.080, constitutes real property if:

      (a) It becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing; or

      (b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the factory-built housing classified as real property.

 

________

 

 

CHAPTER 46, AB 119

Assembly Bill No. 119–Committee on Government Affairs

CHAPTER 46

AN ACT relating to vocational boards and commissions; authorizing certain boards and commissions to audit their fiscal records biennially instead of annually; requiring that audits and financial statements conform to generally accepted standards; and providing other matters properly relating thereto.

 

[Approved March 10, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.825 is hereby amended to read as follows:

      218.825  1.  Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year [between June 30 and December 1] for the preceding fiscal year [.] or once every other year for the 2 preceding fiscal years. The cost of the audit [shall] must be paid by the board or commission audited.

      2.  A report of each such audit [shall] must be filed by the accountant with the legislative auditor and the director of the budget on or before December 1 of each year [. The legislative auditor shall prescribe the standards to be used in performing the audits and the general style and form to be followed in preparing the reports.] in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted accounting principles for special revenue funds.

      3.  The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 193ê

 

CHAPTER 47, SB 24

Senate Bill No. 24–Committee on Judiciary

CHAPTER 47

AN ACT relating to estates of decedents; providing for the deduction of encumbrances in determining the value of an estate for release without administration; increasing the maximum value of such an estate; expanding the procedures to reopen an estate; increasing the maximum value of personal property which may be transferred without administration; and providing other matters properly relating thereto.

 

[Approved March 10, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 145.100 is hereby amended to read as follows:

      145.100  Estates not exceeding [$10,000] $25,000 may be assigned and set apart without administration as provided in NRS 146.070.

      Sec. 2.  NRS 146.070 is hereby amended to read as follows:

      146.070  1.  When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed [$10,000,] $25,000, and there is a surviving spouse or child or children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or children, or for the support of the child or children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the child or children, according to the subserviency of their best interests.

      2.  When [a person dies leaving] there is no surviving spouse or child [, and an estate, the gross value of which does not exceed $10,000,] of the deceased and the gross value of a decedent’s estate, after deducting any encumbrances, does not exceed $25,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:

      First: To the payment of funeral expenses, expenses of last illness, and creditors, if there are any; and

      Second: Any balance remaining to the claimant or claimants entitled thereto.

      3.  All proceedings taken under this section, whether or not the decedent left a will, must be originated by a verified petition containing:

      (a) A specific description of all of the decedent’s property.

      (b) A list of all the liens, encumbrances of record at the date of his death.

      (c) An estimate of the value of the property.

      (d) A statement of the debts of the decedent so far as known to the petitioner.

      (e) The names, ages and residences of the decedent’s heirs, devisees and legatees.

 


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

ê1983 Statutes of Nevada, Page 194 (Chapter 47, SB 24)ê

 

The petition may include a prayer that if the court finds the gross value of the estate , less encumbrances, does not exceed [$10,000,] $25,000, the estate be set aside as provided in this section.

      4.  The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent’s heirs, devisees and legatees. [If such is the fact, the] The notice must include a statement that a prayer for setting aside the estate to the spouse, or child or children, as the case may be, is included in the petition.

      5.  No court or clerk’s fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $1,000 in value.

      6.  If the court finds that the gross value of the estate , less encumbrances, does not exceed the sum of [$10,000,] $25,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.

      Sec. 3.  NRS 146.080 is hereby amended to read as follows:

      146.080  1.  When a decedent leaves no real property, nor interest therein nor lien thereon, in this state, and the gross value of the decedent’s property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed [$5,000,] $10,000, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, or the guardian of the estate of any minor or insane or incompetent person bearing that relationship to the decedent, if that person has a right to succeed to the property of the decedent or is the sole beneficiary under the last will and testament of the decedent, may, 40 days after the death of decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidences transferred.

      2.  An affidavit made pursuant to this section must state:

      (a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

      (b) That the decedent was a resident of Nevada at the time of his death;

      (c) That the gross value of the decedent’s property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed [$5,000,] $10,000, and that the property does not include any real property nor interest therein nor lien thereon;

 

 


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

ê1983 Statutes of Nevada, Page 195 (Chapter 47, SB 24)ê

 

property does not include any real property nor interest therein nor lien thereon;

      (d) That at least 40 days have elapsed since the death of the decedent;

      (e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

      (f) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for;

      (g) A description of the personal property and the portion claimed;

      (h) That the affiant has given written notice, by personal service or by certified mail, identifying his claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 10 days have elapsed since the notice was served or mailed; and

      (i) That the affiant is personally entitled to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property.

      3.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives is subject to all debts of the decedent.

      (b) Fails to give notice to other successors as required by subsection 2, any money or property he receives is held by him in trust for all other successors who have an interest in the property.

      4.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.

      5.  Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.

      6.  If any property of the estate not exceeding [$5,000] $10,000 is located in a state which requires an order of a court for the transfer of the property, or if it consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified under the provisions of subsection 1 to have the stocks or bonds or other property transferred to him may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a verified petition in a court of competent jurisdiction containing:

      (a) A specific description of all of the property of the decedent.

      (b) A list of all the liens and encumbrances of record at the date of the decedent’s death.

 


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

ê1983 Statutes of Nevada, Page 196 (Chapter 47, SB 24)ê

 

      (c) An estimate of the value of the property of the decedent.

      (d) The names, ages and residences of the decedent’s heirs and legatees.

      (e) A prayer requesting the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed [$5,000.] $10,000.

If the court finds that the gross value of the estate does not exceed [$5,000] $10,000 and the person requesting the transfer is entitled to it, the court may issue an order directing the transfer.

      Sec. 4.  NRS 151.240 is hereby amended to read as follows:

      151.240  The final settlement of an estate [shall] does not prevent [a subsequent issuance of letters testamentary or letters of administration should other property of the estate be discovered, or should it become necessary or proper, from any cause, that letters should again be issued.] :

      1.  The reopening of the estate for the purpose of administering other property which has been discovered or for correcting errors made in the description of the property administered.

      2.  The subsequent issuance of letters testamentary or letters of administration if it becomes necessary or proper for any cause, that letters should again be issued.

      Sec. 5.  Chapter 151 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  Any heir, devisee, legatee, creditor or other person interested may petition for the reopening of the estate upon those grounds. The petition must set forth the names of all heirs, devisees, legatees and creditors and their address, if known. If the address is unknown to the petitioner, he shall state that fact in the petition. Where an address is unknown, notice must be served as provided in the Nevada Rules of Civil Procedure.

      Sec. 7.  Upon hearing the petition, if good cause is shown, the court may:

      1.  Reopen the estate.

      2.  Order the administration of other property which has been discovered.

      3.  Make any necessary orders to correct errors made in the description of the estate previously administered.

No proceedings may be taken by the court after the reopening of an estate except as necessary to administer other property which has been discovered or to correct errors made in the description of the estate previously administered. Any orders or decrees of the court made necessary by the reopening of the estate must be designated as supplemental orders or decrees.

      Sec. 8.  NRS 159.197 is hereby amended to read as follows:

      159.197  1.  After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the ward’s property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.

      2.  If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased ward’s property in the same manner as authorized by NRS 146.070, if the gross value of the property , less encumbrances, remaining in the hands of the guardian does not exceed [$10,000,] $25,000, or as authorized by NRS 146.080, if the gross value of the property remaining in the hands of the guardian does not exceed [$5,000.]

 


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

ê1983 Statutes of Nevada, Page 197 (Chapter 47, SB 24)ê

 

ward, the court, by order, may authorize the guardian to distribute the deceased ward’s property in the same manner as authorized by NRS 146.070, if the gross value of the property , less encumbrances, remaining in the hands of the guardian does not exceed [$10,000,] $25,000, or as authorized by NRS 146.080, if the gross value of the property remaining in the hands of the guardian does not exceed [$5,000.] $10,000.

 

________

 

 

CHAPTER 48, SB 34

Senate Bill No. 34–Senators Hickey and Blakemore

CHAPTER 48

AN ACT relating to audiology and speech pathology; entitling members of the board of examiners for audiology and speech pathology to receive salaries; clarifying the qualifications for licensing without examination; providing for annual licenses; and providing other matters properly relating thereto.

 

[Approved March 10, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 637B.130 is hereby amended to read as follows:

      637B.130  [Members] A member of the board [are not] is entitled to receive [compensation for service as members, but are entitled to receive the] :

      1.  A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      2.  The subsistence allowance and travel expenses provided by law.

      Sec. 2.  NRS 637B.190 is hereby amended to read as follows:

      637B.190  The board may issue a license without examination to a person who holds:

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

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

      Sec. 3.  NRS 637B.210 is hereby amended to read as follows:

      637B.210  1.  All licenses, issued pursuant to this chapter, except a temporary license, expire on [June 30 of the second year after their issuance.] December 31 of each year.

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

      3.  If a licensee fails to pay the [biennial renewal license fee before the expiration of his license, the] fee for annual renewal of his license before its expiration, his license may be renewed only upon the payment of the reinstatement fee in addition to the [biennial] renewal [license] fee.

 


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

ê1983 Statutes of Nevada, Page 198 (Chapter 48, SB 34)ê

 

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

      Sec. 4.  NRS 637B.230 is hereby amended to read as follows:

      637B.230  1.  The board shall charge and collect only the following fees whose amounts must be determined by the board, but may not exceed:

 

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

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

[Biennial license renewal fee] Annual fee for renewal of license ............        50

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

 

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

      Sec. 5.  NRS 637B.180 is hereby repealed.

      Sec. 6.  1.  All licenses issued by the board which expire before December 31, 1983, may be renewed only for the remainder of the year 1983 and the fee for renewal must be prorated accordingly.

      2.  All licenses issued by the board which expire after December 31, 1983, and before December 31, 1984, may be renewed only for the remainder of the year 1984 and the fee for renewal must be prorated accordingly.

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

 

________

 

 

CHAPTER 49, SB 21

Senate Bill No. 21–Committee on Judiciary

CHAPTER 49

AN ACT relating to the estates of deceased persons; allowing a separate statement to dispose of tangible personalty; allowing the requirement of a bond to be in the court’s discretion; removal of the requirement of residency to prove a will by copy when the original cannot be produced in this state; and providing other matters properly relating thereto.

 

[Approved March 10, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 133 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities and property used in a trade or business.

      2.  To be admissible as evidence of the intended disposition, the statement or list must contain:

 


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

ê1983 Statutes of Nevada, Page 199 (Chapter 49, SB 21)ê

 

      (a) The date of its execution.

      (b) A title indicating its purpose.

      (c) A reference to the will to which it relates.

      (d) A reasonably certain description of the items to be disposed of and the legatees.

      (e) The testator’s signature.

      3.  The statement or list may be:

      (a) Referred to as a writing to be in existence at the time of the testator’s death.

      (b) Prepared before or after the execution of the will.

      (c) Altered by the testator after its preparation.

      (d) A writing which has no significance apart from its effect upon the dispositions made by the will.

      Sec. 2.  NRS 136.180 is hereby amended to read as follows:

      136.180  1.  If the will of a person [, who at the time of his death was a resident of this state,] is detained beyond the jurisdiction of the state, in a court of any other state, country or jurisdiction, and cannot be produced for probate in this state, a copy of the will may be admitted to probate in this state in lieu thereof [,] and have the same force and effect as would be required if the original will were produced.

      2.  The court may authorize a photographic copy of the will to be presented to the subscribing witness upon his examination in court, or by affidavit, as provided in this chapter, and he may be asked the same questions with respect to it and the handwriting of himself, the testator [,] and the other witness or witnesses, as would be pertinent and competent if the original will were present.

      Sec. 3.  NRS 142.020 is hereby amended to read as follows:

      142.020  1.  [Subject to the provisions of subsection 6, every person to whom letters testamentary (unless the will otherwise provides) or letters of administration shall have been directed to issue shall, before receiving the letters, execute a bond to the State of Nevada, with two or more sureties to be approved by the clerk. In form the bond shall be joint and several, and the penalties shall not be less than the value of the personal property, including rents and profits belonging to the estate, which value shall be ascertained by the court by the examination on oath of the party applying, and of any other persons the judge may think proper to examine.

      2.  The district judge shall require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him to be sold, in an amount necessary to make the total penalty the amount provided in subsection 1, treating the expected proceeds of the sale as personal property.

      3.]  Except as provided in subsection 6, the requirement of a bond of an executor, administrator or successor executor or administrator is discretionary with the court. Whether a bond is expressly required by the will or not, the court may:

      (a) Require a bond if it determines a bond is desirable; or

 


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

ê1983 Statutes of Nevada, Page 200 (Chapter 49, SB 21)ê

 

      (b) Dispense with the requirement of a bond if it determines a bond is unnecessary.

      2.  The bond [shall] must be conditioned that the executor or administrator will faithfully execute the duties of the trust according to law, and [shall] the bond must be recorded by the clerk.

      [4.  Nothing contained in this Title affects the right of any court or judge to accept as sole surety upon any bond or undertaking a surety company duly qualified to act as sole surety upon bonds or undertakings within this state.

      5.]3.  Personal assets of an estate may be deposited with a domestic banking or trust corporation upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit [shall be] is subject to the further order of the court. The bond of the executor or administrator may be reduced accordingly.

      4.  During the pendency of the administration, any person, including a creditor, having an interest in the estate whose value exceeds $10,000 may make a written demand that the executor, administrator or any successor submit a bond. Upon receipt of the demand, the executor, administrator or any successor shall refrain from exercising any powers, except those necessary to preserve the estate, until the bond is filed. The executor, administrator or any successor is not required to file a bond in an amount which is greater than the amount of the claim of the person having an interest in the estate. The court may, upon the petition of the executor, administrator or any successor, dispense with the requirement of a bond.

      5.  The amount of the bond is the estimated value of all personal property plus income for 1 year from both real and personal property, unless the amount of the bond is expressly mentioned in the will, changed by the court, or required pursuant to subsection 4.

      6.  If a banking corporation, as defined in NRS 657.016, or trust company, as defined in NRS 669.070, doing business in this state is appointed executor or administrator of the estate of a deceased, no bond [shall be] is required of [such] the executor or administrator, unless otherwise specifically required by the court.

 

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ê1983 Statutes of Nevada, Page 201ê

 

CHAPTER 50, SB 208

Senate Bill No. 208–Senator Gibson

CHAPTER 50

AN ACT relating to local government budgets; deferring the dates for certain actions as they relate to budgets for the fiscal year 1983-1984 only; and providing other matters properly relating thereto.

 

[Approved March 10, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Notwithstanding the provisions for NRS 354.596, the last day for the filing of the tentative budget of a local government for the fiscal year 1983-1984, and for the submission of the requisite copies and notice of public hearing, is April 1, 1983. The dates of the required hearings are respectively deferred to:

      (a) The 1st Monday in May for counties;

      (b) The 1st Tuesday in May for cities;

      (c) The 1st Wednesday in May for school districts; and

      (d) The 1st Thursday in May for all others not consolidated with the county budget.

      2.  Notwithstanding the provisions of NRS 354.598, the last day for adopting the final budget for the fiscal year 1983-1984 is May 16, 1983.

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

 

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CHAPTER 51, SB 74

Senate Bill No. 74–Committee on Commerce and Labor

CHAPTER 51

AN ACT relating to the public service commission; clarifying the duties of the division of consumer relations concerning complaints and investigations; and providing other matters properly relating thereto.

 

[Approved March 10, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 703.300 is hereby amended to read as follows:

      703.300  The [division of consumer relations] commission shall prepare and publish pamphlets and other descriptive materials which:

      1.  Contain information about the commission and the public utilities under the jurisdiction of the commission.

      2.  Encourage the conservation of energy.

      Sec. 2.  NRS 703.310 is hereby amended to read as follows:

      703.310  1.  When a complaint is made against any public utility, common or contract carrier or broker by any person, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, [and] the division of consumer relations [is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission.

 


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ê1983 Statutes of Nevada, Page 202 (Chapter 51, SB 74)ê

 

of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, [and] the division of consumer relations [is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission. Within 10 days after receipt of the complaint and recommendation, the commission shall provide the public utility, carrier or broker complained against with a copy of the complaint and recommendation. Within a reasonable time thereafter the commission shall investigate the complaint.] shall investigate the complaint. After receiving the complaint, the division shall give a copy of it to the public utility, carrier or broker against whom the complaint is made. Within a reasonable time thereafter, the public utility, carrier or broker shall provide the division with its written response to the complaint according to the regulations of the commission.

      2.  If [, as a result of its investigation,] the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint, the results of its investigation and its recommendation to the commission. If the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, [and] give notice of the hearing [as required by NRS 703.320,] and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.

 

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CHAPTER 52, SB 58

Senate Bill No. 58–Committee on Human Resources and Facilities

CHAPTER 52

AN ACT relating to children’s homes; removing the board for youth services from their administration; requiring the approval of the administrator of the youth services division in the department of human resources for a child’s discharge; and providing other matters properly relating thereto.

 

[Approved March 14, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 423.010 is hereby amended to read as follows:

      423.010  As used in this chapter:

      1.  “Administrator” means the administrator of the youth servic