[Rev. 2/27/2019 1:37:16 PM]
κ1985 Statutes of Nevada, Page 481 (CHAPTER 119, AB 157)κ
Any natural person for whom such a license is issued, continued or permitted to exist must:
(a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to:
(1) An agent brought into this state by an insurer to replace an agent disabled, deceased or terminated; or
(2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers.
(b) Be at least 18 years of age.
(c) If [for] he holds an agents license, have been appointed an agent by an authorized insurer, subject to the issuance of the license.
(d) If [for] he holds a solicitors license, be the bona fide employee of a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license.
(e) If [for] he holds a brokers license, have had experience as an agent, solicitor, managing general agent, adjuster or broker or have had other special experience, education or training, all of sufficient content and duration reasonably necessary for competence in fulfilling the responsibilities of a broker.
(f) Be competent, trustworthy and financially responsible.
(g) Pass any examination required for the license under this chapter.
(h) Successfully complete any course of instruction which the commissioner requires by regulation.
2. The commissioner shall not differentiate between persons entitled to act as agents, on the basis that the persons are engaged in other businesses to which the insurance agency is incidental or supplemental.
Sec. 5. NRS 683A.140 is hereby amended to read as follows:
683A.140 1. A firm or corporation may be licensed only as an agent or broker, resident or nonresident, or as a managing general agent.
2. A resident firm or corporation which has more than one office in this state is a single licensee for the purposes of being appointed by insurers and the authority of natural persons to act for the firm or corporation. Such a firm or corporation must obtain a copy of its license for each location, but only must obtain one original license as an agent or broker.
3. For licensing as an agent or broker, each general partner and each natural person to act for the firm, or each natural person to act for the corporation, must be named in the license or registered with the commissioner, and must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name. The commissioner shall charge appropriate fees for each person who is licensed to act for a firm or corporation and who is named on the license or registered with the commissioner.
κ1985 Statutes of Nevada, Page 482 (CHAPTER 119, AB 157)κ
4. A natural person who is not a resident of this state as provided in paragraph (a) of subsection 1 of NRS 683A.130 must not be so named or registered as to the license of a resident agent or resident broker, and shall not exercise the license powers thereof. A natural person who is a resident of this state must not be so named or registered as to the license of a nonresident agent or nonresident broker, and shall not exercise the powers thereof.
5. A license as a resident agent or resident broker must not be issued to a firm or corporation unless it maintains a principal place of business in this state, and the transaction of business under the license is specifically authorized in the firms partnership agreement or the corporations articles.
6. The licensee shall promptly notify the commissioner of all changes among its members, directors and officers, and among other persons designated in or registered as to the license. The licensee shall provide to the commissioner upon request information concerning officers or owners of the firm or corporation who are not named in the license or registered with the commissioner.
Sec. 6. NRS 683A.150 is hereby amended to read as follows:
683A.150 1. Written application for an agents, brokers or solicitors license [shall] must be filed with the commissioner by the applicant, accompanied by the applicable fee shown in NRS 680B.010 . [(fee schedule).] The application form [shall] must be accompanied by the applicants fingerprints, and [shall] must require full answers to questions reasonably necessary to determine the applicants:
(a) Identity and residence;
(b) Business record or occupations for not less than the 2 years next preceding, with the name and address of each employer, if any; and
(c) Experience or instruction in the kind or kinds of insurance business he proposes to transact, and relative to the insurance laws of this state , [; and
(d) Other]
and other facts reasonably required by the commissioner to determine the applicants qualifications for the license applied for.
2. If for an agents license, the application [shall] must state the kinds of insurance proposed to be transacted, and be accompanied by a written appointment by an authorized insurer or insurers as agent for such kinds of insurance, subject to issuance of the license.
3. If for a solicitors license, the application [shall] must be accompanied by the written requisition and certification by a licensed resident general lines agent or licensed resident broker, showing that the applicant is his bona fide employee, or is so employed as a solicitor subject to issuance of the license.
4. If the applicant for an agents or brokers license is a firm or corporation, the application [shall] must also show the names of all members, officers and directors, and [shall] must designate each natural person who is to exercise the [license powers.] powers of a licensee.
κ1985 Statutes of Nevada, Page 483 (CHAPTER 119, AB 157)κ
licensee. Each person who is to exercise the [license] power of a licensee shall furnish information as to himself as though he were applying personally for a license. The commissioner may require members, officers, directors or owners who will not exercise the powers of a licensee to submit such information.
5. The application [shall] must show whether and where the applicant is now or ever was previously licensed as to insurance and whether any such license was ever refused, suspended, revoked or renewal or continuance refused. [Also, the application shall] The application also must indicate whether any insurer, general agent, agent or broker claims the applicant has ever had an agency contract canceled, and the facts thereof and, if the applicant is married, like information with respect to the applicants spouse.
6. The application [shall] must be verified by the applicant, and an applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or relevant thereto.
Sec. 7. NRS 683A.190 is hereby amended to read as follows:
683A.190 1. The commissioner may contract with a testing service to conduct any examination required by NRS 683A.170. The commissioner may require that the applicant pay the cost of the examination directly to the testing service.
2. The commissioner may enter into a reciprocal arrangement with the public officer having supervision of the business of insurance in another state or in a province of Canada to accept, in lieu of the examination required in subsection 1 of NRS 683A.170, the certificate of the officer to the effect that the applicant is licensed as an insurance agent or broker, as the case may be, in that state or province and has complied with its qualifications and standards concerning:
(a) Experience or training;
(b) Reasonable familiarity with the broad principles of insurance licensing and regulatory laws and with the terms and conditions of insurance contracts of the kinds of insurance which the applicant proposes to transact in this state; and
(c) A reasonably good general understanding of the obligations and duties of an insurance broker or agent.
Sec. 8. NRS 683A.280 is hereby amended to read as follows:
683A.280 1. Each insurer appointing an agent, resident or nonresident, in this state shall file with the commissioner a written appointment specifying the kinds of insurance to be transacted by the agent for the insurer, and pay the appointment fee or license fee specified in NRS 680B.010.
2. Each appointment becomes effective upon filing with the commissioner and remains in effect until the agents license is revoked or otherwise terminated, or there is an earlier termination of the appointment.
[3. An agents license expires if for a period of 60 days he does not have on file with the commissioner an appointment as an agent of an authorized insurer.]
κ1985 Statutes of Nevada, Page 484 (CHAPTER 119, AB 157)κ
Sec. 9. NRS 683A.380 is hereby amended to read as follows:
683A.380 1. Every resident general lines agent and resident general lines broker shall have and maintain in this state a place of business accessible to the public, wherein the licensee principally conducts transactions under his license. The address of [such place shall] that place must appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the commissioner in writing of any change thereof. Nothing in this section [shall prohibit] prohibits the maintenance of [such] the place of business in the licensees residence in this state.
2. The licenses of the licensee, and those of solicitors employed by him, [shall] must be conspicuously displayed in [such] this place of business in a part thereof customarily open to the public.
3. The agent or broker shall keep at [such] this place of business the records required under NRS 683A.390.
[4. This section does not apply to life insurance, annuity contracts or health insurance.]
Sec. 10. NRS 683A.390 is hereby amended to read as follows:
683A.390 1. Every general lines agent and general lines broker shall keep complete records of transactions under his license and those of his solicitors. [Such record shall] The records must show, for each insurance policy placed or countersigned by or through the licensee, not less than the names of the insurer and insured, the number and expiration date of, and premium payable as to, the policy or contract, the names of all other persons from whom business is accepted or to whom commissions are promised or paid, all premiums collected, and such additional information as the commissioner may reasonably require.
2. [Such records shall] The records must be open to examination of the commissioner at all times, and the commissioner may at any time require the licensee to furnish to him, in such manner or form as he requires, any information kept or required to be kept in such records.
3. Records of a particular policy or contract may be destroyed 3 years after expiration of the policy or contract.
[4. This section does not apply to life insurance, annuity contracts or health insurance.]
Sec. 11. Chapter 684B of NRS is hereby amended by adding thereto a new section to read as follows:
No person who is engaged in the business of repairing the bodies of automobiles may:
1. Be licensed pursuant to this chapter.
2. Owns a controlling interest in a firm or corporation licensed pursuant to NRS 684A.080.
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κ1985 Statutes of Nevada, Page 485κ
Assembly Bill No. 187Committee on Natural Resources, Agriculture and Mining
CHAPTER 120
AN ACT relating to farm products; authorizing treble damages in action by certain seller of farm products against unlicensed buyer; and providing other matters properly relating thereto.
[Approved April 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 576 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Any producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against the dealer, broker or commission merchant. If the dealer, broker or commission merchant is licensed, he may also maintain an action against the surety on any bonds, or the money or securities deposited in lieu of a bond. In such an action against an unlicensed dealer, broker or commission merchant, the producer, his agent or consignee is entitled to treble damages.
2. Any producer of livestock or farm products or his agent or consignee having a claim against any licensed dealer, broker or commission merchant shall begin legal action on any bond, or money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year after the claim has accrued.
3. Pursuant to subsection 4 of section 576.030 of NRS, process may be served by delivering to the executive director duplicate copies of the process and paying a fee of $2. The service upon the executive director shall be deemed service upon the dealer, broker or commission merchant. The executive director shall forward one copy of the process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of service. The defendants return receipt is prima facie evidence of the completion of service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear is extended 10 days. The provisions of this subsection are not exclusive, but if a defendant dealer, broker or commission merchant is found within the State of Nevada, he must be served with process in the State of Nevada.
κ1985 Statutes of Nevada, Page 486 (CHAPTER 120, AB 187)κ
Sec. 3. If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond must be retained by the department for 1 year. If after the expiration of 1 year after the cessation of such operation, no legal action has been commenced to recover against the money or securities, they must be delivered to the owner. If a legal action has been commenced within that time, all the money and securities must be held by the department subject to the order of the district court.
Sec. 4. 1. If the department receives notice from a producer of livestock or farm products or his agent or consignee of the default of a licensed dealer, broker or commission merchant, the department shall issue an order to the licensee to show cause why his license should not be revoked. The notice must be in writing and set forth a time and place for a hearing to be held before the director of the department.
2. If a license is revoked pursuant to subsection 1 the department shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the license has been revoked.
Sec. 5. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall:
(a) File one of the following:
(1) A bond of a surety company authorized to do business in this state.
(2) A bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond.
(3) A personal bond secured by a first deed of trust on real property within this state which is subject to execution and worth, above all exemptions, double the amount of the bond. [At the time of filing] When the applicant files the bond with the department [the applicant must] he shall also file a policy of title insurance on the real property from a title insurance company licensed in [Nevada,] this state which states that the property is free and clear of all encumbrances and liens other than the first deed of trust. The applicant [must] shall certify under oath that the property is worth at least twice the amount of the bond and that it is unencumbered. The certificate must be approved by the department.
The bond [shall] must be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment [or judgments] against the applicant [furnishing the bond] and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products . [, and shall] The bond must provide that the surety company, if any, will notify the department before the end of the second business day after any claim or judgment has been made against the bond.
κ1985 Statutes of Nevada, Page 487 (CHAPTER 120, AB 187)κ
bond. The aggregate liability of any surety to all claimants is limited to the amount of the bond for each licensing period;
(b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204); or
(c) Furnish other security in the amount required by this section which is acceptable to the department.
2. In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a bank or trust company in this state showing the deposit with that bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond . [, such] The cash or securities [to] must be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt must be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which [the dealer, broker or commission merchant] he is doing business or [wherein he] resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of [this section.] section 2 of this act.
3. The amount of the bond, other security or deposit must be:
(a) Based on the applicants annual volume of purchases, according to a schedule [which the department shall adopt.] adopted by the department; and
(b) Not [be] less than $5,000 nor more than $100,000.
4. All bonds must be renewed or continued in accordance with regulations adopted by the department.
5. [Any producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against the dealer, broker or commission merchant and the surety or sureties on any bonds, or either of them. Process authorized by the instrument filed with the department pursuant to subsection 4 of NRS 576.030 must be served by delivering to and leaving with the executive director duplicate copies of that process and the payment of a fee of $2, and the service upon his attorney shall be deemed service upon the dealer, broker or commission merchant. The executive director shall forward one copy of the process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of service. The defendants return receipt is prima facie evidence of the completion of service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear is extended 10 days. The foregoing provisions of this subsection with reference to the service of process are not exclusive, but if a defendant dealer, broker or commission merchant is found within the State of Nevada he must be served with process in the State of Nevada.
κ1985 Statutes of Nevada, Page 488 (CHAPTER 120, AB 187)κ
is found within the State of Nevada he must be served with process in the State of Nevada.
6. Any producer of livestock or farm products or his agent or consignee having a claim against any dealer, broker or commission merchant shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim has accrued.
7. If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond must be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against the money or securities, they must be delivered to the owner thereof. If a legal action has been commenced within that time, all the money and securities must be held by the department subject to the order of the district court.
8. If the department receives a notice from a producer of livestock or farm products or his agent or consignee of the default of a licensed dealer, broker or commission merchant, the department shall issue an order to the licensee to show cause why his license should not be revoked. The notice must be in writing and set forth a time and place for a hearing on the matter to be held before the director of the department.
9. If a license is revoked pursuant to subsection 8 the department shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the licensees license has been revoked.
10.] Any licensed dealer, broker or commission merchant who knowingly sells or otherwise encumbers real property which is the security for a bond under subsection 1, after a policy of title insurance on that property has been issued and while the bond is in force, is guilty of a gross misdemeanor.
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κ1985 Statutes of Nevada, Page 489κ
Assembly Bill No. 321Committee on Ways and Means
CHAPTER 121
AN ACT making an appropriation to the division of water resources of the state department of conservation and natural resources for microfilming the original records of the state engineer and purchasing certain vehicles for investigations; and providing other matters properly relating thereto.
[Approved April 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $32,038 for microfilming the original records of the state engineer and for purchasing two trucks for field investigations.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 72Assemblyman Getto
CHAPTER 122
AN ACT relating to the appropriation of water; specifying the period of publication for notice of an application; authorizing certain temporary appropriations; and providing other matters properly relating thereto.
[Approved April 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.360 is hereby amended to read as follows:
533.360 1. Except as provided in subsection 3 of NRS 533.370, when an application is filed in compliance with this chapter the state engineer shall, within 30 days, publish or cause to be published for a period of 4 consecutive weeks, in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application, which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion.
κ1985 Statutes of Nevada, Page 490 (CHAPTER 122, AB 72)κ
(f) The purpose for which the water is to be appropriated.
The publisher shall add thereto the date of first publication and the date of last publication.
2. Proof of publication must be filed within 30 days after the final day of publication. The state engineer shall pay for the publication from the application fee. If the application is canceled for any reason before publication, the state engineer shall return to the applicant that portion of the application fee collected for publication.
Sec. 2. NRS 534.050 is hereby amended to read as follows:
534.050 1. Except as provided in subsection 2, every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in this chapter shall first make application to and obtain from the state engineer a permit to appropriate the water, in accordance with the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.
2. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 1 for exploratory wells to be drilled to determine the availability of water or the quality of available water [.] , and may allow temporary use of the water in constructing a highway or exploring for oil, gas, minerals or geothermal resources.
3. In other basins or portions of basins which have not been designated by the state engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any diversion of water may be made from the well, the appropriator must make application to and obtain from the state engineer, in accordance with the provisions of chapter 533 of NRS, a permit to appropriate the water.
4. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 3, to allow temporary use of water in constructing a highway or [in drilling a well for gas, oil or hot water.] exploring for oil, gas, minerals or geothermal resources.
5. Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 491κ
Assembly Bill No. 114Committee on Government Affairs
CHAPTER 123
AN ACT relating to public works; revising the requirement for payment of interest on money withheld from contractors on public works; and providing other matters properly relating thereto.
[Approved April 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.160 is hereby amended to read as follows:
338.160 1. Except as provided in subsection 5, a public body and its officers or agents awarding a contract for the construction, alteration or repair of public works shall authorize partial payments of the amount due under the contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract. Not more than 90 percent of the calculated value of any work may be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining installments without retaining additional funds if, in the opinion of the public body, satisfactory progress is being made in the work.
2. Except as provided in this section, the public body shall retain the amount withheld under any such contract until the contract is satisfactorily completed and finally accepted. When a project is sufficiently completed to be placed into service, the public body shall reduce the retained percentage and retain only such sum as it may determine to be sufficient to complete the contract.
3. Except as otherwise provided in this subsection, the public body shall pay to the contractor at the end of each quarter [the interest earned on the amount withheld under the contract during the quarter. The rate of the interest to be paid must be the same as that earned during the quarter from the investment of money in the general fund of the public body.] interest for the quarter on the amount withheld at a rate equal to the rate quoted by at least three financial institutions as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to a contractor pursuant to this subsection for any quarter is less than [$50,] $500, the public body may hold the interest until:
(a) The end of a subsequent quarter after which the amount of interest due is [$50,] $500 or more;
(b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or
(c) The amount withheld under the contract is due pursuant to subsection 4,
whichever occurs first.
4. Except as provided in subsection 5, the amount withheld under any such contract is due within a reasonable time following the filing of a notice of completion as provided in NRS 108.228 or upon other proper evidence of satisfactory completion of the contract.
κ1985 Statutes of Nevada, Page 492 (CHAPTER 123, AB 114)κ
any such contract is due within a reasonable time following the filing of a notice of completion as provided in NRS 108.228 or upon other proper evidence of satisfactory completion of the contract.
5. If the labor commissioner has reason to believe that an employee has a valid and enforceable claim for wages against a contractor, he may require the public body to withhold from any payment due the contractor under this section and pay the labor commissioner instead, an amount equal to the amount claimed by the employee. This amount must be paid to the employee if the claim is resolved in his favor, otherwise it must be returned to the public body for payment to the contractor.
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Senate Bill No. 33Committee on Commerce and Labor
CHAPTER 124
AN ACT relating to podiatry; authorizing the board of podiatry to issue subpenas; increasing the requirements for continuing education; requiring the board to establish fees for licenses; making various administrative changes relating to the practice of podiatry; and providing other matters properly relating thereto.
[Approved April 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board may issue subpenas for the attendance of witnesses and the production of books and papers.
2. The district court, in and for the county in which any hearing is held, may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board.
Sec. 2. NRS 635.010 is hereby amended to read as follows:
635.010 [For the purpose of this chapter:] As used in this chapter, unless the context otherwise requires:
1. Board means the state board of podiatry.
2. Podiatry is the diagnosis, prevention and treatment of ailments of the human foot and leg.
3. Podiatry hygienist means a person engaged in assisting a podiatrist . [in the treatment of the human foot through the reduction of excrescences of the foot, including corns and calluses, and the cutting of the nails of the foot.]
Sec. 3. NRS 635.020 is hereby amended to read as follows:
635.020 1. The state board of podiatry, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Four members who are registered and licensed podiatrists in the State of Nevada.
κ1985 Statutes of Nevada, Page 493 (CHAPTER 124, SB 33)κ
(b) One member who is a representative of the general public.
3. The members of the board are entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence [and lodging, not to exceed $25 per day, and actual expenses for transportation,] , lodging and transportation, while traveling on the business of the board.
4. The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.
Sec. 4. NRS 635.030 is hereby amended to read as follows:
635.030 1. The board shall elect one of its members president, one vice president and one secretary-treasurer.
2. The board shall [have the power to formulate rules and regulations governing actions of the board.] adopt regulations to carry out the provisions of this chapter.
3. The board shall [create no expenses exceeding the sum] not incur any expenses which exceed the money received from time to time as fees provided by law.
4. The board shall keep and preserve a complete record of all its transactions.
Sec. 5. NRS 635.050 is hereby amended to read as follows:
635.050 1. Any person desiring to practice podiatry in this state must furnish the board with satisfactory proof that he:
(a) Is [21 years of age or over.
(b) Is] of good moral character.
[(c)] (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
[(d) Has received at least 4 years of high school training or the equivalent thereof, as determined by the board.
(e)] (c) Has received the degree of [D.S.C. (Doctor of Surgical Chiropody) or an equivalent degree approved by the board from a reputable school of podiatry which requires for graduation a minimum of 4 scholastic years or 3 scholastic years and 1 year in an accredited college.
(f)] D.P.M. (Doctor of Podiatric Medicine) from an accredited school of podiatry.
(d) Has completed [postgraduate training which consisted of at least 100 hours] a residency or an internship which consisted of at least 1 year of practical experience under the direction of a licensed podiatrist.
[(g)] (e) Has passed the examination given by the National Board of Podiatry Examiners.
2. Upon [the] payment of a fee [of $100 to] , not exceeding $400, which must be established by regulation of the board, and making satisfactory proof as required by subsection 1, the applicant is entitled to be examined by the board or a committee thereof under such regulations as the board may adopt.
κ1985 Statutes of Nevada, Page 494 (CHAPTER 124, SB 33)κ
3. The board may reject an application if it appears that the applicants credentials are fraudulent or he has practiced podiatry without a license to do so.
Sec. 6. NRS 635.060 is hereby amended to read as follows:
635.060 1. The board shall hold [two examinations annually for the purpose of examining] at least one examination each year to examine applicants under this chapter. The [examinations shall be held at such time and place as the board may see fit.] board shall establish the time and place for the examination.
2. The board shall provide such books, blanks and forms as may be necessary to conduct the [examinations.
3. Examinations] examination.
3. The examination for registration under this chapter [shall] must be in the English language, written, oral or clinical, as the board may determine. The examination for podiatrists [shall be in] must include the following subjects: Anesthesia and medications, bacteriology, clinical podiatry, dermatology, diagnosis and treatment, laboratory, neurology, orthopedics, pathology, pharmacology, including pharmacodynamics and materia medica, sterilization and sterile technique, surgery, surgical anatomy, X-ray and [in] such other subjects pertaining to the treatment of the foot and leg as the board may determine.
4. An applicant [shall] must not be granted a certificate unless he attains a general average on the boards examination of 75 percent or over and not less than 50 percent in any one subject.
Sec. 7. NRS 635.070 is hereby amended to read as follows:
635.070 Without unnecessary delay after [examinations,] the examination, the board shall act on the [same.] examination. If an applicant is found qualified, he [shall] must be registered and licensed to practice podiatry, or as a podiatry hygienist, as the case may be, and [shall] is entitled to receive in testimony thereof a certificate signed by the president and the secretary-treasurer of the board.
Sec. 8. NRS 635.080 is hereby amended to read as follows:
635.080 The board, under its regulations, may admit, without examination and upon [the] payment of a fee [of $150,] , not exceeding $400, which must be established by its regulation, a legally qualified practitioner of podiatry who holds a certificate to practice podiatry from any state or territory of the United States or the District of Columbia with educational requirements equal to those of the State of Nevada and which extends like privileges to legally qualified practitioners from this state.
Sec. 9. NRS 635.085 is hereby amended to read as follows:
635.085 1. Except as otherwise provided in subsection 2, a podiatrist licensed by the board may:
(a) Administer electricity to the foot or leg by means including electrodes, machinery and rays.
(b) Use his hands and machinery to work upon the foot or leg and its articulations.
κ1985 Statutes of Nevada, Page 495 (CHAPTER 124, SB 33)κ
(c) Apply any mechanical appliance to the foot or leg or in the shoe to treat any disease, deformity or ailment.
(d) Apply pads, adhesives, felt, plasters and any medicine to the foot and leg.
(e) Prescribe and dispense controlled substances and dangerous drugs.
(f) Construct models of the feet.
(g) Administer a local anesthetic.
(h) Use any cutting instrument to treat a disease, ailment or condition.
(i) Treat the effects of a systemic disease upon the foot or leg.
2. A podiatrist shall not:
(a) Treat any other effect of a systemic disease [which does not originate] unless the disease originates in the foot [.] or leg.
(b) Amputate a leg, foot or toe.
Sec. 10. NRS 635.093 is hereby amended to read as follows:
635.093 1. Any person desiring to be licensed as a podiatry hygienist in this state must furnish the board with satisfactory proof that he:
(a) Is [18 years of age or over.
(b) Is] of good moral character.
[(c)] (b) Is a citizen of the United States [.] or is lawfully entitled to remain and work in the United States.
[(d)] (c) Has satisfactorily completed a course for podiatry hygienists approved by the board or has had 6 months or more of training in a podiatrists office.
2. Upon payment of a fee [of $50 to] , not exceeding $100, which must be established by regulation of the board , and presenting satisfactory proof as required by subsection 1, an applicant, not exempted under subsection 3, must be examined by the board or a committee thereof under such regulations as the board may adopt.
3. The board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a podiatrist and is:
(a) A registered nurse; or
(b) A licensed practical nurse whom the board or any of its members have interviewed and observed in the use of practical skills.
Sec. 11. NRS 635.098 is hereby amended to read as follows:
635.098 1. Any podiatry hygienist in the employ and under the direction of a podiatrist may:
(a) Apply orthopedic padding.
(b) Administer to patients by means of physiotherapeutic equipment.
(c) Make up surgical packs.
(d) Strap and cast for orthopedic appliances.
(e) Take and develop X-rays.
(f) Assist in foot surgery.
(g) Administer oral [, subcutaneous or intramuscular] medications.
κ1985 Statutes of Nevada, Page 496 (CHAPTER 124, SB 33)κ
2. The board may require that [all podiatry hygienists] every podiatry hygienist have a general knowledge of sterile techniques, aseptic maintenance of surgery rooms, emergency treatments, podiatric nomenclature and podiatric surgical procedure.
Sec. 12. NRS 635.110 is hereby amended to read as follows:
635.110 1. On or before October 1 in each year, the board shall mail to each person licensed to practice podiatry or licensed as a podiatry hygienist in this state, at the last known office or residence address of the person, a blank form of application for registration. The failure to mail [such a] the form or the failure to receive it does not relieve any person of the duty to register and pay the fee required by this section nor exempt him from the penalties provided by this chapter for failure to register.
2. Every person [duly] licensed to practice podiatry or licensed as a podiatry hygienist in this state must annually on or before October 31 apply to the board for a certificate of registration for the ensuing year [.] and pay a fee which must be established by regulation of the board. The fee established for the annual registration of a podiatrist must not exceed $200. The fee established for the annual registration of a podiatry hygienist must not exceed $100. The application must be made on the form furnished by the board, and must state:
(a) The applicants full name and his office and residence address.
(b) The date and number of the license issued to him for the practice of podiatry or as a podiatry hygienist in this state.
(c) Such other facts as tend to identify the applicant and his license to practice podiatry or as a podiatry hygienist in this state as the board deems necessary.
3. [Each applicant for registration under this section must submit with his application a registration fee to be paid to the secretary-treasurer of the board for the year for which registration is sought. If the application is filed and the fee is paid on or before November 1 at the beginning of the year for which registration is sought, the fee is $50 for license holders who are residents of this state and $100 for all other license holders. If the application is filed and the fee paid after November 1, the amount of the fee is increased by $2 for each month or part of a month from November 1 of such a year to the date when the application is filed and the fee paid.
4. Upon due] Upon application therefor and upon submission by the applicant of evidence satisfactory to the board that he is licensed to practice podiatry and has satisfied the requirements for continuing education, or is licensed as a podiatry hygienist in this state, and upon [the] payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board. The certificate must recite that the person named therein is [duly] registered for the year specified. The certificate must contain the name of the person to whom it is issued and the office address and residence address of the person, the date and number of the license issued to him to practice podiatry or as a podiatry hygienist, and such other information as the board deems advisable.
κ1985 Statutes of Nevada, Page 497 (CHAPTER 124, SB 33)κ
to him to practice podiatry or as a podiatry hygienist, and such other information as the board deems advisable.
Sec. 13. NRS 635.115 is hereby amended to read as follows:
635.115 1. After October 31, 1980, each podiatrist must, at the time of paying the annual [registration fee,] fee for registration, present to the secretary-treasurer of the board satisfactory evidence that during the preceding [12 months] 2 years he attended [a postgraduate or other educational program] at least 50 hours of instruction in courses approved by the board for purposes of continuing professional education. The board may waive all or part of the requirement of continuing education. The board may waive all or part of the requirement of continuing education in a particular year if the podiatrist was prevented from that attendance by circumstances beyond his control.
2. If a podiatrist fails to provide proof of his continuing education and does not obtain a waiver from the board, the secretary-treasurer shall not renew his license.
Sec. 14. NRS 635.130 is hereby amended to read as follows:
635.130 The board may revoke any certificate it has issued for any of the following causes:
1. [The willful betrayal of a professional secret.
2.] The making of a false statement in any affidavit required of the applicant for application, examination [and] or registration under this chapter.
[3.] 2. Lending the use of the holders name to an unregistered person.
[4.] 3. If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.
[5.] 4. Habitual indulgence in the use of alcohol or any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board [will incapacitate] incapacitates the holder in the performance of his professional duties.
[6.] 5. Conviction of a crime involving moral turpitude.
[7.] 6. Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
[8. Contraction of a communicable disease.
9.] 7. The commission of fraud by or on behalf of the licensee regarding his license or practice.
[10.] 8. Gross incompetency.
[11.] 9. Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatrist or podiatry hygienist.
[12.] 10. False representation by or on behalf of the licensee regarding his practice.
[13.] 11. Unethical or unprofessional conduct.
[14.] 12. Willful and repeated violations of this chapter or regulations adopted by the board.
Sec. 15. NRS 635.160 is hereby amended to read as follows:
635.160 1. This chapter [shall] does not apply:
κ1985 Statutes of Nevada, Page 498 (CHAPTER 124, SB 33)κ
(a) [To persons who have been practicing podiatry in this state continuously for a period of 6 months prior to March 26, 1949, provided it can be satisfactorily shown to the board that such practice was in compliance with the law.
(b)] To commissioned surgeons of the United States Army, Navy or Marine Hospital Service in the actual performance of their official duties.
[(c) To regularly licensed physicians]
(b) To physicians licensed in the State of Nevada.
[(d) To a visiting podiatrist called into consultation in this state from another state where he is duly qualified under the laws of that state to practice podiatry.
2. Nothing in this chapter shall]
2. This chapter does not prohibit the manufacture, recommendation, advertisement, demonstration or sale of arch-support shoes, foot appliances or remedies by retail dealers.
[3. Any diagnosis or treatment by any person not receiving direct compensation therefor shall not come within the provisions of this chapter.]
Sec. 16. NRS 635.170 is hereby amended to read as follows:
635.170 1. [City police departments and the sheriff of each county shall:
(a) See that all practitioners of podiatry and as podiatry hygienists in this state are legally registered according to the provisions of this chapter.
(b) Report all violations] The board shall report any violation of this chapter to the district attorney of the county wherein the violation occurs.
2. The district attorney shall promptly prosecute any person violating [the provisions] any provision of this chapter.
________
Senate Bill No. 170Committee on Finance
CHAPTER 125
AN ACT making an appropriation to the stale claims account; and providing other matters properly relating thereto.
[Approved April 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the stale claims account created pursuant to NRS 353.097 the sum of $66,958.
κ1985 Statutes of Nevada, Page 499 (CHAPTER 125, SB 170)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 247Senators Robinson and Rawson (by request)
CHAPTER 126
AN ACT relating to anatomical gifts; authorizing a physician licensed in another state to carry out the appropriate procedures for the making thereof; and providing other matters properly relating thereto.
[Approved April 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.545 is hereby amended to read as follows:
451.545 Physician [is limited to] means a person authorized to practice as [such] a physician or surgeon under the laws of [the State of Nevada.] any state.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 200Committee on Judiciary
CHAPTER 127
AN ACT relating to statutory interpretation; providing a definition of the term person applicable to Nevada Revised Statutes as a whole; and providing other matters properly relating thereto.
[Approved April 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise expressly provided in a particular statute or required by the context, person means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. The term does not include a government, governmental agency or political subdivision of a government.
Sec. 2. NRS 10.010 is hereby amended to read as follows:
10.010 1. The following words in Title 2 have the meanings ascribed to them in this section, unless otherwise apparent from the context:
(a) Affinity when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.
κ1985 Statutes of Nevada, Page 500 (CHAPTER 127, AB 200)κ
connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.
(b) Month means a calendar month, unless otherwise expressed.
(c) [Person includes a company, partnership, association or corporation as well as a natural person.
(d)] Personal property includes money, goods, chattels, things in action and evidences of debt.
[(e)] (d) Process signifies a writ or summons in the course of judicial proceedings.
[(f)] (e) Property includes both real and personal property.
[(g)] (f) Real property is coextensive with lands, tenements and hereditaments.
[(h)] (g) State when applied to the different parts of the United States, includes the District of Columbia and the territories.
[(i)] (h) United States may include the District of Columbia and territories or insular possessions.
[(j)] (i) Will includes codicil.
[(k)] (j) Writ signifies an order or precept in writing, issued in the name of the state or of a court or judicial officer.
2. As used in Title 2:
(a) Writing includes printing and typewriting.
(b) Oath includes affirmation or declaration.
(c) Every mode of oral statement, under oath or affirmation, is embraced by the term testify, and every written one in the term depose.
(d) Signature or subscription includes mark when the person cannot write, his name being written near it by a person who writes his own name as a witness; but when a signature is by mark it must, in order that it may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.
Sec. 3. NRS 28.010 is hereby amended to read as follows:
28.010 1. The following words in Title 3 have the meanings ascribed to them in this section, unless otherwise apparent from the context:
(a) Affinity when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.
(b) Month means a calendar month, unless otherwise expressed.
(c) [Person includes a company, partnership, association or corporation as well as a natural person.
(d)] Personal property includes money, goods, chattels, things in action and evidences of debt.
[(e)] (d) Process signifies a writ or summons in the course of judicial proceedings.
[(f)] (e) Property includes both real and personal property.
[(g)] (f) Real property is coextensive with lands, tenements and hereditaments.
κ1985 Statutes of Nevada, Page 501 (CHAPTER 127, AB 200)κ
[(h)] (g) State, when applied to the different parts of the United States, includes the District of Columbia and the territories.
[(i)] (h) United States may include the District of Columbia and territories or insular possessions.
[(j)] (i) Will includes codicil.
[(k)] (j) Writ signifies an order or precept in writing issued in the name of the state or of a court or judicial officer.
2. As used in Title 3:
(a) Writing includes printing and typewriting.
(b) Oath includes affirmation or declaration.
(c) Every mode of oral statement, under oath or affirmation, is embraced by the term testify, and every written one by the term depose.
(d) Signature or subscription includes mark, when the person cannot write, his name being written near it by a person who writes his own name as a witness; but when a signature is by mark it must, in order that it may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.
Sec. 4. NRS 64.020 is hereby amended to read as follows:
64.020 1. The following words in Title 6 have the meanings ascribed to them in this section, unless otherwise apparent from the context:
(a) Affinity when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.
(b) Month means a calendar month, unless otherwise expressed.
(c) [Person includes a company, partnership, association or corporation as well as a natural person.
(d)] Personal property includes money, goods, chattels, things in action and evidences of debt.
[(e)] (d) Process signifies a writ or summons in the course of judicial proceedings.
[(f)] (e) Property includes both real and personal property.
[(g)] (f) Real property is coextensive with lands, tenements and hereditaments.
[(h)] (g) State when applied to the different parts of the United States includes the District of Columbia and the territories.
[(i)] (h) United States may include the District of Columbia and territories or insular possessions.
[(j)] (i) Will includes codicil.
[(k)] (j) Writ signifies an order or precept in writing, issued in the name of the state or of a court or judicial officer.
2. As used in Title 6:
(a) Writing includes printing and typewriting.
(b) Oath includes affirmation or declaration.
(c) Every mode of oral statement, under oath or affirmation, is embraced by the term testify, and every written one in the term depose.
κ1985 Statutes of Nevada, Page 502 (CHAPTER 127, AB 200)κ
embraced by the term testify, and every written one in the term depose.
(d) Signature or subscription includes mark when the person cannot write, his name being written near it by a person who writes his own name as a witness; but when a signature is by mark it must, in order that it may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.
Sec. 5. NRS 87.020 is hereby amended to read as follows:
87.020 [In this chapter:] As used in this chapter, unless the context otherwise requires:
1. Bankrupt includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.
2. Business includes every trade, occupation, or profession.
3. Conveyance includes every assignment, lease, mortgage, or encumbrance.
4. Court includes every court and judge having jurisdiction in the case.
[Person includes individuals, partnerships, corporations, and other associations.]
5. Real property includes land and any interest or estate in land.
Sec. 6. NRS 90.070 is hereby amended to read as follows:
90.070 Person [means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization,] includes a government or a political subdivision of a government.
Sec. 7. NRS 104.1201 is hereby amended to read as follows:
104.1201 Subject to additional definitions contained in the subsequent articles of this chapter which are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this chapter:
1. Action in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity and any other proceedings in which rights are determined.
2. Aggrieved party means a party entitled to resort to a remedy.
3. Agreement means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter (NRS 104.1205 and 104.2208). Whether an agreement has legal consequences is determined by the provisions of this chapter, if applicable; otherwise by the law of contracts (NRS 104.1103). (Compare contract.)
4. Bank means any person engaged in the business of banking.
5. Bearer means the person in possession of an instrument, document of title, or security payable to bearer or endorsed in blank.
6. Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill.
κ1985 Statutes of Nevada, Page 503 (CHAPTER 127, AB 200)κ
goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill. Airbill means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.
7. Branch includes a separately incorporated foreign branch of a bank.
8. Burden of establishing a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.
9. Buyer in ordinary course of business means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. All persons who sell minerals or the like (including oil and gas) at wellhead or minehead shall be deemed to be persons in the business of selling goods of that kind. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
10. A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: Nonnegotiable Bill of Lading) is conspicuous. Language in the body of a form is conspicuous if it is in larger or other contrasting type or color. But in a telegram any stated term is conspicuous. Whether a term or clause is conspicuous or not is for decision by the court.
11. Contract means the total legal obligation which results from the parties agreement as affected by this chapter and any other applicable rules of law. (Compare agreement.)
12. Creditor includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtors or assignors estate.
13. Defendant includes a person in the position of defendant in a cross-action or counterclaim.
14. Delivery with respect to instruments, documents of title, chattel paper or securities means voluntary transfer of possession.
15. Document of title includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailees possession which are either identified or are fungible portions of an identified mass.
κ1985 Statutes of Nevada, Page 504 (CHAPTER 127, AB 200)κ
the bailees possession which are either identified or are fungible portions of an identified mass.
16. Fault means wrongful act, omission or breach.
17. Fungible with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of this chapter to the extent that under a particular agreement or document unlike units are treated as equivalents.
18. Genuine means free of forgery or counterfeiting.
19. Good faith means honesty in fact in the conduct or transaction concerned.
20. Holder means a person who is in possession of a document of title or an instrument or an investment security drawn, issued or endorsed to him or to his order or to bearer or in blank.
21. To honor is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit.
22. Insolvency proceedings includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved.
23. A person is insolvent who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law.
24. Money means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency.
25. A person has notice of a fact when:
(a) He has actual knowledge of it; [or]
(b) He has received a notice or notification of it; or
(c) From all the facts and circumstances known to him at the time in question he has reason to know that it exists.
A person knows or has knowledge of a fact when he has actual knowledge of it. Discover or learn or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this chapter.
26. A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person receives a notice or notification when:
(a) It comes to his attention; or
(b) It is [duly] delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications.
27. Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the [individual] person conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence.
κ1985 Statutes of Nevada, Page 505 (CHAPTER 127, AB 200)κ
transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an [individual] person acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information.
28. Organization includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
29. Party, as distinct from third party, means a person who has engaged in a transaction or made an agreement within this chapter.
30. [Person includes an individual or an organization (see NRS 104.1102).
31.] Presumption or presumed means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.
[32.] 31. Purchase includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift or any other voluntary transaction creating an interest in property.
[33.] 32. Purchaser means a person who takes by purchase.
[34.] 33. Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.
[35.] 34. Representative includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another.
[36.] 35. Rights includes remedies.
[37.] 36. Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (NRS 104.2401) is limited in effect to a reservation of a security interest. The term also includes any interest of a buyer of accounts or chattel paper which is subject to article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under NRS 104.2401 is not a security interest, but a buyer may also acquire a security interest by complying with article 9. Unless a lease or consignment is intended as security, reservation of title thereunder is not a security interest but a consignment is in any event subject to the provisions on consignment sales (NRS 104.2326). Whether a lease is intended as security is to be determined by the facts of each case; however:
(a) The inclusion of an option to purchase does not of itself make the lease one intended for security; and
κ1985 Statutes of Nevada, Page 506 (CHAPTER 127, AB 200)κ
(b) An agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the property for no additional consideration or for a nominal consideration does make the lease one intended for security.
[38.] 37. Send in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending.
[39.] 38. Signed includes any symbol executed or adopted by a party with present intention to authenticate a writing.
[40.] 39. Surety includes guarantor.
[41.] 40. Telegram includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like.
[42.] 41. Term means that portion of an agreement which relates to a particular matter.
[43.] 42. Unauthorized signature or endorsement means one made without actual, implied or apparent authority and includes a forgery.
[44.] 43. Except as otherwise provided with respect to negotiable instruments and bank collections (NRS 104.3303, 104.4208 and 104.4209) a person gives value for rights if he acquires them:
(a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; [or]
(b) As security for or in total or partial satisfaction of a preexisting claim; [or]
(c) By accepting delivery pursuant to a preexisting contract for purchase; or
(d) Generally, in return for any consideration sufficient to support a simple contract.
[45.] 44. Warehouse receipt means a receipt issued by a person engaged in the business of storing goods for hire.
[46.] 45. Written or writing includes printing, typewriting or any other intentional reduction to tangible form.
Sec. 8. NRS 108.267 is hereby amended to read as follows:
108.267 As used in NRS 108.270 to 108.360, inclusive:
1. Legal owner means the person in whom the ownership or title of the property is vested or who has a legal right to possession of the property.
2. [Person means any natural person, association, corporation, firm, partnership, trust or other legal entity.
3.] Trailer means every vehicle defined in NRS 482.110, 482.125, 484.069 and 484.0795.
κ1985 Statutes of Nevada, Page 507 (CHAPTER 127, AB 200)κ
Sec. 9. NRS 108.540 is hereby amended to read as follows:
108.540 1. [For the purposes of NRS 108.540 and 108.550, unless the context otherwise requires, person means any individual, partnership, corporation or association.
2.] Any person furnishing feed, pasture or otherwise boarding any animal or animals, at the request or with the consent of the owner or his representative, [shall have] has a lien upon [such] the animal or animals, and may retain possession thereof until the sum due for [such] the feed, pasture or board has been paid. [The lien herein created shall be] Such a lien is subordinate only to such other liens of third persons as have been placed on record, as required by law, in the county where the feed, pasture or board was or is being furnished.
[3.] 2. Before foreclosing the lien by sale, the person furnishing the feed, pasture or board shall mail a registered or certified letter to the owner, or purported owner, of the animal or animals, at the owners, or purported owners, last known address. The letter [shall] must demand payment of all [moneys due and owing] money due for the feed, pasture or board, and [shall inform such] must inform the owner that if payment is not made the lien will be foreclosed by sale. If payment is not made within 30 days from the date of mailing the registered or certified letter, the lien may be foreclosed by sale, in the manner provided by NRS 108.550.
[4.] 3. Any person who takes and drives away any such animal or animals, while in the possession of the person feeding, pasturing or boarding [the same,] them, without the consent of the person feeding, pasturing or boarding [the same,] them, and without first having paid all reasonable charges due thereon, is guilty of a misdemeanor. Nothing contained in this subsection [shall be construed to release] releases the owner of the animal or animals from the amount of any lien which may be due thereon, under this section.
Sec. 10. NRS 118.080 is hereby amended to read as follows:
118.080 1. Person [means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, unincorporated corporations, any owner, lessee, proprietor, manager, employee or any agent of such person,] includes the State of Nevada [,] and all [cities, towns and] political subdivisions and agencies thereof.
2. Person does not include any nonprofit, fraternal, educational or social organization or club, unless [such nonprofit, fraternal, educational or social organization or club] it has the purpose of promoting discrimination in the matter of housing against any person or persons because of race, religious creed, color, national origin, ancestry or sex.
Sec. 11. NRS 118A.130 is hereby amended to read as follows:
118A.130 Person includes a [natural person, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.]
κ1985 Statutes of Nevada, Page 508 (CHAPTER 127, AB 200)κ
common interest, and any other legal or commercial entity.] government, a governmental agency and a political subdivision of a government.
Sec. 12. NRS 119.070 is hereby amended to read as follows:
119.070 Person [means an individual, firm, company, association, corporation, government or any subdivision thereof, business trust, estate, trust, partnership, unincorporated association or organization, joint ventures or any other legal or commercial entity.] includes a government, a governmental agency and a political subdivision of a government.
Sec. 13. NRS 119A.070 is hereby amended to read as follows:
119A.070 Person [means a natural person, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, joint venture or other legal or commercial entity.] includes a government, a governmental agency and a political subdivision of a government.
Sec. 14. NRS 120A.110 is hereby amended to read as follows:
120A.110 Person [means any natural person, business association, government, political subdivision or governmental agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest or any other legal or commercial entity.] includes a government, a governmental agency and a political subdivision of a government.
Sec. 15. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS 127.230 to 127.310, inclusive, person [means an individual, partnership, firm, corporation or association. The term] includes a hospital.
Sec. 16. NRS 160.020 is hereby amended to read as follows:
160.020 As used in this chapter:
1. Administrator means the Administrator of Veterans Affairs of the United States or his successor.
2. Benefits means all [moneys] money payable by the United States through the Veterans Administration.
3. Estate and income [shall] include only [moneys] money received by the guardian from the Veterans Administration and all earnings, interest and profits derived therefrom.
4. Guardian means any person acting as a fiduciary for a ward.
5. [Person includes a partnership, corporation or an association.
6.] Veterans Administration means the Veterans Administration, its predecessors or successors.
[7.] 6. Ward means a beneficiary of the Veterans Administration.
Sec. 17. NRS 162.020 is hereby amended to read as follows:
162.020 1. In NRS 162.010 to 162.140, inclusive, unless the context of subject matter otherwise requires:
κ1985 Statutes of Nevada, Page 509 (CHAPTER 127, AB 200)κ
(a) Bank includes any person or association of persons, whether incorporated or not, carrying on the business of banking.
(b) Fiduciary includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate.
[Person includes a corporation, partnership, or other association, or two or more persons having a joint or common interest.]
(c) Principal includes any person to whom a fiduciary as such owes an obligation.
2. A thing is done in good faith within the meaning of NRS 162.010 to 162.140, inclusive, when it is in fact done honestly, whether it [be] is done negligently or not.
Sec. 18. NRS 162.160 is hereby amended to read as follows:
162.160 As used in NRS 162.150 to 162.250, inclusive, unless the context otherwise requires:
1. Assignment includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer.
2. Claim of beneficial interest includes a claim of any interest by a decedents legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties.
3. Corporation means a private or public corporation, association or trust issuing a security.
4. Fiduciary means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee.
5. Person includes [an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.] a government, a governmental agency and a political subdivision of a government.
6. Security includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation.
7. Transfer means a change on the books of a corporation in the registered ownership of a security.
8. Transfer agent means a person employed or authorized by a corporation to transfer securities issued by the corporation.
κ1985 Statutes of Nevada, Page 510 (CHAPTER 127, AB 200)κ
Sec. 19. NRS 163.020 is hereby amended to read as follows:
163.020 As used in NRS 163.010 to 163.210, inclusive, unless the context or subject matter otherwise requires:
1. Affiliate means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.
2. [Person means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust, an unincorporated organization, or two or more persons having a joint or common interest.
3.] Relative means a spouse, ancestor, descendant, brother [,] or sister.
[4.] 3. Trust means an express trust only.
[5.] 4. Trustee means the person holding property in trust and includes trustees, a corporate as well as a natural person and a successor or substitute trustee.
Sec. 20. NRS 193.010 is hereby amended to read as follows:
193.010 In construing the provisions of Title 16 of NRS, save when otherwise plainly declared or clearly apparent from the context, the following rules must be observed:
1. Boat includes ships, steamers and other structures adapted to navigation or movement from place to place by water.
2. Bond includes an undertaking.
3. Break, when used in connection with the crime of burglary, includes:
(a) Breaking or violently detaching any part, internal or external, of a building.
(b) Opening, for the purpose of entering therein, any outer door of a building or of any room, apartment or set of apartments therein separately used and occupied, or any window, shutter, scuttle or other thing used for covering or closing any opening thereto or therein, or which gives passage from one part thereof to another.
(c) Obtaining entrance into such building or apartment by any threat or artifice, used for that purpose, or by collusion with any person therein.
(d) Entering such building, room or apartment by or through any pipe, chimney or other opening, or by excavating or digging through or under a building or the walls or foundation thereof.
4. Building includes every house, shed, boat, watercraft, railway car, tent or booth, whether completed or not, suitable for affording shelter for any human being, or as a place where any property is or [shall] will be kept for use, sale or deposit.
5. Corrupt and corruptly import a wrongful desire to acquire or cause some pecuniary or other advantage to himself or another, by the person to whom applicable.
κ1985 Statutes of Nevada, Page 511 (CHAPTER 127, AB 200)κ
acquire or cause some pecuniary or other advantage to himself or another, by the person to whom applicable.
6. Daytime includes the period between sunrise and sunset.
7. Dwelling house includes every building or structure which has been usually occupied by a person lodging therein at night, and whenever it is so constructed as to consist of two or more parts or rooms occupied or intended to be occupied, whether permanently or temporarily, by different tenants separately by usually lodging therein at night, or for any other separate purpose, each part shall be deemed a separate dwelling house of the tenant occupying it.
8. Enter, when constituting an element or part of a crime, includes the entrance of the offender, or the insertion of any part of his body, or of any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person, or to detach or remove property.
9. Indicted and indictment include informed against and information; and informed against and information include indicted and indictment.
10. Judge includes every judicial officer authorized, alone or with others, to hold or preside over a court of record.
11. Jurors include a talesman, and extend to jurors in all courts, whether of record or not.
12. Knowingly imports a knowledge that the facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness; knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent man upon inquiry.
13. Malice and maliciously import an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.
14. Neglect, negligence, negligent, and negligently import a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent man usually exercises in his own business.
15. Nighttime includes the period between sunset and sunrise.
16. Officer and public officer include all officers, members and employees of:
(a) The State of Nevada;
(b) Any political subdivision of this state;
(c) Any other special district, public corporation or quasi-public corporation of this state; and
(d) Any agency, board or commission established by this state or any of its political subdivisions,
and all persons exercising or assuming to exercise any of the powers or functions of a public officer.
17. Owner of any property includes any person who has a general or special property in the whole or any part thereof, or lawful possession thereof, either actual or constructive.
κ1985 Statutes of Nevada, Page 512 (CHAPTER 127, AB 200)κ
general or special property in the whole or any part thereof, or lawful possession thereof, either actual or constructive.
18. Person [includes a natural person, any form of business or social organization, and any other legal entity, and whenever it is used to designate a party whose property may be the subject of an offense it also] includes this state or any other state, government or country which may lawfully own property within this state [.] whenever it is used to designate a party whose property may be the subject of an offense.
19. Personal property includes dogs and all domestic animals and birds, water, gas and electricity, all kinds or descriptions of money, chattels and effects, all instruments or writings completed and ready to be delivered or issued by the maker, whether actually delivered or issued or not, by which any claim, privilege, right, obligation or authority, or any right or title to property, real or personal, is or purports to be, or upon the happening of some future event may be evidenced, created, acknowledged, transferred, increased, diminished, encumbered, defeated, discharged or affected, and every right and interest therein.
20. Prison means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.
21. Prisoner includes any person held in custody under process of law, or under lawful arrest.
22. Property includes both real and personal property.
23. Railway or railroad includes all railways, railroads and street railways, whether operated by steam, electricity or any other motive power.
24. Real property includes every estate, interest and right in lands, tenements and hereditaments, corporeal or incorporeal.
25. Signature includes any memorandum, mark or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto.
26. Writing includes printing.
Sec. 21. NRS 200.610 is hereby amended to read as follows:
200.610 As used in NRS 200.610 to 200.690, inclusive:
1. Person [means every natural person, firm, copartnership, association or corporation and] includes public officials and law enforcement officers of the state and of a county or municipality or other political subdivision of the state.
2. Wire communication means the transmission of writing, signs, signals, pictures and sounds of [any and] all kinds by wire, cable, or other similar connection between the points of origin and reception of such transmission, including all facilities and services incidental to such transmission, which facilities and services [shall] include, among other things, the receipt, forwarding and delivering of communications.
3. Radio communication means the transmission of writing, signs, signals, pictures, and sounds of all kinds by radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services [shall] include, among other things, the receipt, forwarding and delivering of communications.
κ1985 Statutes of Nevada, Page 513 (CHAPTER 127, AB 200)κ
signs, signals, pictures, and sounds of all kinds by radio or other wireless methods, including all facilities and services incidental to such transmission, which facilities and services [shall] include, among other things, the receipt, forwarding and delivering of communications. [Radio communication shall] The term does not include the transmission of writing, signs, signals, pictures and sounds broadcast by amateurs or public or municipal agencies of the State of Nevada, or by others for the use of the general public.
Sec. 22. NRS 202.240 is hereby amended to read as follows:
202.240 1. [Person as used in this section means natural persons, copartnerships, corporations and associations, and shall include persons of both sexes.
2. It shall be] It is unlawful for any person to publish or cause to be published, to deliver or distribute or cause to be delivered or distributed in any manner whatsoever, or to post, or display, or knowingly to permit to be posted, displayed, or to remain on any buildings, windows or outhouses, or premises or other surface owned or controlled by him in the State of Nevada, or to manufacture or sell, or knowingly to have displayed in or on any window or place where the same could be read by passers-by or the public, any advertisement, label, statement, print or writing which refers to any person or persons from whom, or to any means by which, or to any office or place at which may be obtained any treatment or cure of syphilis, gonorrhea, chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminal emissions, gleet, varicocele or self-abuse, whether described by such names, words, terms or phrases, or by any other names, words, terms or phrases, calculated or intended to convey to the reader the idea that any of the diseases, infirmities, disabilities, conditions or habits are meant or referred to, or which refers to any medicine, article, device or preparation that may be used for the treatment, cure or prevention of any of the diseases, infirmities, disabilities, conditions or habits mentioned in this section.
[3.] 2. Any person violating any of the provisions of this section is guilty of a misdemeanor.
[4.] 3. This section [shall] does not apply to publications, advertisements or notices of the United States Government, the State of Nevada or of any city or town or other political subdivision of the State of Nevada.
Sec. 23. NRS 233B.037 is hereby amended to read as follows:
233B.037 Person [means any natural person, partnership, corporation, association,] includes any political subdivision or public or private organization of any character other than an agency.
Sec. 24. NRS 239A.010 is hereby amended to read as follows:
239A.010 As used in this chapter, unless the context otherwise requires, the terms defined in NRS 239A.020 to [239A.060,] 239A.050, inclusive, have the meanings ascribed to them in those sections.
Sec. 25. NRS 244.3541 is hereby amended to read as follows:
244.3541 As used in NRS 244.354 to 244.3548, inclusive, unless the context otherwise requires [:
κ1985 Statutes of Nevada, Page 514 (CHAPTER 127, AB 200)κ
1. Assembly] , assembly means a company of persons gathered together for any purpose at any location, other than in a permanent building or permanent installation, which has been constructed for and will accommodate the number of persons gathered therein.
[2. Person means any individual, partnership, corporation, firm, company, association, society or group.]
Sec. 26. NRS 268.4291 is hereby amended to read as follows:
268.4291 As used in NRS 268.429 to 268.4298, inclusive, unless the context otherwise requires [:
1. Assembly] , assembly means a company of persons gathered together for any purpose at any location, other than in a permanent building or permanent installation, which has been constructed for and will accommodate the number of persons gathered therein.
[2. Person means any individual, partnership, corporation, firm, company, association, society or group.]
Sec. 27. NRS 279.150 is hereby amended to read as follows:
279.150 Person [means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.] includes a government, a governmental agency and a political subidivison of a government.
Sec. 28. NRS 287.500 is hereby amended to read as follows:
287.500 As used in this chapter, unless the context otherwise requires:
1. Employee organization means an organization of any kind whose members are government employees and has as one of its purposes the improvement of the terms and conditions of employment of government employees.
2. [Person means a natural person or a partnership, corporation or association.
3.] Professional service means any type of personal service which may legally be performed only pursuant to a license, certificate of registration or other legal authorization issued by this state, except services provided by any person licensed under chapter 630 or 633 of NRS or by any health and care facility.
Sec. 29. NRS 294A.009 is hereby amended to read as follows:
294A.009 Person [includes any] is limited to a natural person, any labor union, any business or voluntary association, any committee for political action or sponsored by a political party and any corporation.
Sec. 30. NRS 332.025 is hereby amended to read as follows:
332.025 As used in this chapter, unless the context otherwise requires:
1. Authorized representative means the [individual] person responsible for the proper administration of all purchases and contracts, or either of them, under this chapter.
2. Chief administrative officer means the person directly responsible to the governing body for the administration of that particular entity.
κ1985 Statutes of Nevada, Page 515 (CHAPTER 127, AB 200)κ
responsible to the governing body for the administration of that particular entity.
3. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested.
[4. Person means an individual, partnership, firm, corporation or association.]
Sec. 31. NRS 348.190 is hereby amended to read as follows:
348.190 Person [means a public body, other corporation, firm, other body corporate (including the Federal Government), partnership, association, or natural person, and also includes an executor, administrator, trustee, receiver or other representative appointed according to law.] includes a government, a governmental agency and a political subdivision of a government.
Sec. 32. NRS 361A.010 is hereby amended to read as follows:
361A.010 As used in this chapter, the terms defined in NRS 361A.020 to [361A.070,] 361A.060, inclusive, have the meanings ascribed to them in those sections except where the context otherwise requires.
Sec. 33. NRS 365.070 is hereby amended to read as follows:
365.070 Person [means and includes every natural person, association, firm or partnership, corporation, municipal corporation, quasi-municipal corporation, political subdivision, governmental agency, trustee, receiver and the legal representative or representatives of the estate of any deceased person and their agents.] includes a municipal corporation, quasi-municipal corporation, political subdivision and governmental agency.
Sec. 34. NRS 375.010 is hereby amended to read as follows:
375.010 The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:
1. Deed means every instrument in writing, except a last will and testament, whatever may be its form, and by whatever name it may be known in law, by which title to any estate or present interest in real property is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years or an easement.
2. Escrow means the delivery of a deed by the grantor into the hands of a third person, including attorneys, title companies and real estate brokers or any other person engaged in the business of administering escrows for compensation, to be held by such third person until the happening of a contingency or performance of a condition, and then by him delivered to the grantee, promisee or obligee.
3. [Person means any individual, partnership, firm, association or corporation.
4.] Value means:
(a) In the case of any deed not a gift, the amount of the full, actual consideration therefor, paid or to be paid, excluding the amount of any lien or liens assumed.
κ1985 Statutes of Nevada, Page 516 (CHAPTER 127, AB 200)κ
(b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
Sec. 35. NRS 381.195 is hereby amended to read as follows:
381.195 As used in NRS 381.195 to 381.227, inclusive:
1. Historic means after the middle of the 18th century.
2. Historic site means a site, landmark or monument of historical significance pertaining to the white mans history of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.
3. [Person means any natural person, partnership, society, institute, corporation or agents thereof.
4.] Prehistoric means before the middle of the 18th century.
[5.] 4. Prehistoric site means any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves or burial ground.
Sec. 36. NRS 444.220 is hereby amended to read as follows:
444.220 As used in NRS 444.220 to 444.320, inclusive:
[1.] Childrens camp means any land with permanent buildings, tents or other structures established or maintained as living quarters where both food and lodging or the facilities therefor are provided for minors, operated continuously on a 24-hour basis for a period of 5 days or more each year for religious, recreational or vacation purposes, either free of charge or for a fee, but does not include any camps owned or leased for individual or family use, penal or correctional purposes, or places operated for the education, care or treatment of children.
[2. Person means any individual, partnership, firm, corporation or association.]
Sec. 37. NRS 444.480 is hereby amended to read as follows:
444.480 Person [means any individual, partnership, firm, corporation, trust or state or federal agency.] includes any state or federal agency.
Sec. 38. NRS 444.718 is hereby amended to read as follows:
444.718 Person [means a natural person, trust, firm, partnership, association or corporation or an agency of the Federal Government, any state or its local governments.] includes an agency of the Federal Government, any state and its local governments.
Sec. 39. NRS 445.171 is hereby amended to read as follows:
445.171 [1. Person means the state or any agency or institution thereof, any individual, partnership, firm, private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or other political subdivision of this state, any interstate body or any other legal entity.
2.] Person includes the United States, to the extent authorized by federal law [.]
κ1985 Statutes of Nevada, Page 517 (CHAPTER 127, AB 200)κ
by federal law [.] , the state or any agency or institution thereof, any municipality or other political subdivision of this state or any interstate body.
Sec. 40. NRS 445.441 is hereby amended to read as follows:
445.441 Person [means the State of Nevada and any individual, group or individuals, partnership, firm, company, corporation, association, trust, estate, political subdivision, administrative agency, public or quasi-public corporation, or other legal entity.] includes the State of Nevada, political subdivisions, administrative agencies and public or quasi-public corporations.
Sec. 41. NRS 449.016 is hereby amended to read as follows:
449.016 Person [means an individual, partnership, firm, corporation, association or] includes a county hospital.
Sec. 42. NRS 451.540 is hereby amended to read as follows:
451.540 Person [means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.] includes a government, a governmental agency and a political subdivision of a government.
Sec. 43. NRS 459.010 is hereby amended to read as follows:
459.010 As used in NRS 459.010 to 459.290, inclusive, unless the context requires otherwise:
1. Byproduct material means:
(a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or making use of special nuclear material; and
(b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore which is processed primarily for the extraction of the uranium or thorium.
2. General license means a license effective pursuant to regulations adopted by the state board of health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
3. Health division means the health division of the department of human resources.
4. Ionizing radiation means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.
5. Person [means any natural person or corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of this state or of any other state, and any legal successor, representative, agent or agency of any of the foregoing, but does not include the Nuclear Regulatory Commission or any successor thereto, or any federal agency licensed by the Nuclear Regulatory Commission or any successor to any such federal agency.]
κ1985 Statutes of Nevada, Page 518 (CHAPTER 127, AB 200)κ
includes any agency or political subdivision of this state, any other state or the United States, but not the Nuclear Regulatory Commission or its successor, or any federal agency licensed by the Nuclear Regulatory Commission or any successor to such a federal agency.
6. Source material means:
(a) Uranium, thorium or any other material which the governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined that material to be source material.
(b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined [such] the material in [such] the concentration to be source material.
7. Special nuclear material means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the governor declares by order to be special nuclear material after the Nuclear Regulatory Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.
(b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.
8. Specific license means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
Sec. 44. NRS 464.005 is hereby amended to read as follows:
464.005 As used in this chapter, unless the context otherwise requires:
1. Off-track pari-mutuel wagering means any pari-mutuel system of wagering approved by the Nevada gaming commission for the acceptance of wagers on horse races or other sporting events which take place outside this state.
2. Pari-mutuel system of wagering means any system whereby wagers with respect to the outcome of a horse race or other sporting event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against the operator. The term includes off-track pari-mutuel wagering.
[3. Person includes any association, corporation, firm, partnership, trust or other form of business association as well as a natural person.]
Sec. 45. NRS 467.010 is hereby amended to read as follows:
467.010 As used in this chapter:
1. Applicant entity means any club, organization, corporation, association or [individual.] natural person.
2. Board means the medical advisory board.
κ1985 Statutes of Nevada, Page 519 (CHAPTER 127, AB 200)κ
3. Commission means the Nevada athletic commission.
4. Foreign copromotor means a promoter who has no place of business within this state.
5. [Person means any individual, partnership, association, club or organization.
6.] Professional boxer or professional wrestler means [an individual] a natural person who competes for money, prizes or purses, or who teaches or pursues or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain.
[7.] 6. Promoter means any person, and in the case of a corporate promoter includes any officer, director or stockholder thereof, who produces or stages any professional boxing or wrestling contest or exhibition.
[8.] 7. Purse means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are participating in a contest or exhibition and includes the participants share of any payment received for radio broadcasting, television or motion picture rights.
[9.] 8. Ring official means any person, who performs an official function during the progress of a contest or exhibition.
Sec. 46. NRS 482.3643 is hereby amended to read as follows:
482.3643 As used in NRS 482.3643 to 482.3665, inclusive, unless the context otherwise requires, [the following words and terms have the following meanings:
1. Person means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors.
2. Sell,] sell, sold, buy and purchase include exchange, barter, gift and offer or contract to buy or sell.
Sec. 47. NRS 487.210 is hereby amended to read as follows:
487.210 As used in NRS 487.220 to 487.300, inclusive:
1. Abandoned vehicle means any vehicle which the owner has discarded.
2. Department means the department of motor vehicles.
[3. Person means a person, firm, partnership, association or corporation.]
Sec. 48. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Commission means the board of wildlife commissioners.
2. Department means the department of wildlife.
3. Legal owner means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
4. Motorboat means any vessel propelled by machinery, whether or not [such] the machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
κ1985 Statutes of Nevada, Page 520 (CHAPTER 127, AB 200)κ
whether or not [such] the machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
5. Operate means to navigate or otherwise use a motorboat or a vessel.
6. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not [such] the person lends, rents or pledges [such] the vessel; and
(b) A debtor under a security agreement relating to a vessel.
Owner does not include a person defined as a legal owner under subsection 3.
7. [Person means a natural person, partnership, firm, corporation, association or other entity.
8.] Registered owner means the person registered by the commission as the owner of a vessel.
[9.] 8. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
[10.] 9. Waters of this state means any waters within the territorial limits of this state.
Sec. 49. NRS 494.020 is hereby amended to read as follows:
494.020 As used in this chapter, unless the text otherwise requires:
1. Air navigation facility means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
2. Airport means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.
3. Airport hazard means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
4. Person [means any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
5. State means the State of Nevada.] includes a government, a governmental agency and a political subdivision of a government.
κ1985 Statutes of Nevada, Page 521 (CHAPTER 127, AB 200)κ
Sec. 50. NRS 495.080 is hereby amended to read as follows:
495.080 In all the proceedings in relation to the sale or appropriation of real property, and ascertaining and receiving the compensation therefor for the purposes prescribed in NRS 495.070, person [shall be deemed to include municipal or other corporations.] includes a municipal corporation.
Sec. 51. NRS 496.020 is hereby amended to read as follows:
496.020 As used in this chapter, unless the [text] context otherwise requires:
1. Air navigation facility means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
2. Airport means any area of land or water which is used for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.
3. Airport hazard means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
4. Municipal means pertaining to a municipality as defined in this section.
5. Municipality means any county, city or town of this state.
6. Person [means any natural person, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.] includes a government, a governmental agency and a political subdivision of a government.
7. Public utility means a person who operates any airline, broadcasting, community antenna television, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts a such business for a public use.
Sec. 52. NRS 497.020 is hereby amended to read as follows:
497.020 As used in this chapter, unless the context otherwise requires:
1. Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized in the interest f the public for such purposes.
2. Airport hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport, or is otherwise hazardous to [such] the landing or taking off of aircraft.
κ1985 Statutes of Nevada, Page 522 (CHAPTER 127, AB 200)κ
or taking off at any airport, or is otherwise hazardous to [such] the landing or taking off of aircraft.
3. Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
4. Person [means any natural person, firm, copartnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.] includes a government, a governmental agency and a political subdivision of a government.
5. Political subdivision means any county, incorporated city, unincorporated town or airport authority created by special legislative act as a quasi-municipal corporation.
6. Public utility means a person who operates any airline, broadcasting, community antenna television, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts such a business for a public use.
7. Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead wires and other lines.
8. Tree means any object of natural growth.
Sec. 53. NRS 527.130 is hereby amended to read as follows:
527.130 As used in NRS 527.130 to 527.230, inclusive, unless the context otherwise requires:
1. Control means preventing, retarding, suppressing, eradicating or destroying forest pests.
2. Forest or forest land means land on which occurs a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses or for other purposes.
3. Forest pest means any insect or disease which is determined by the state forester to be harmful, injurious or destructive to forests or timber.
4. Infestation means actual, potential, incipient or emergency infestation or infection by forest pests.
5. Owner means any person owning any forest or forest lands.
6. [Person includes a company, partnership, association or corporation as well as a natural person.
7.] State forester means the state forester firewarden.
[8.] 7. Timber includes forest trees, standing or down, dead or alive.
Sec. 54. NRS 533.010 is hereby amended to read as follows:
533.010 As used in this chapter, person includes [a corporation, an association, the United States, and the state, as well as a natural person.] the United States and this state.
Sec. 55. NRS 534.010 is hereby amended to read as follows:
534.010 1. As used in this chapter:
κ1985 Statutes of Nevada, Page 523 (CHAPTER 127, AB 200)κ
(a) Aquifer means a geological formation or structure that transmits water.
(b) Artesian well means a well tapping an aquifer underlying an impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
(c) Domestic use extends to culinary and household purposes, in a single-family dwelling, the watering of a family garden, lawn, and the watering of domestic animals. The term also includes the use of geothermal resources for domestic heating purposes.
(d) Percolating waters are underground waters, the course and boundaries of which are incapable of determination.
(e) Person [means any individual, firm, partnership, association, company or corporation, municipal corporation, power district, political subdivision of this or any state, or a] includes any municipal corporation, power district, political subdivision of this state or any state and an agency of the United States Government . [agency.]
(f) Waste is defined as causing, suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
(g) Well driller means any person who drills a well or wells, for compensation or otherwise.
(h) Well drilling or drilling a well are synonymous, and mean drilling or boring new wells, placing casing in wells, cleaning and repairing existing wells, cementing wells and doing all other things normally associated with the construction or rehabilitation of wells.
2. As used in this chapter, the terms underground water and ground water are synonymous.
Sec. 56. NRS 541.020 is hereby amended to read as follows:
541.020 As used in this chapter, unless otherwise specified:
1. Board means the board of directors of the district.
2. Court means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district [shall] must be filed.
3. Land or real estate means real estate as the words real estate are defined by the laws of the State of Nevada, and [shall embrace] includes all railroads, highways, roads, streets, street improvements, telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights of way of public service corporations, and all other real property whether held for public or private use.
4. [Person means a person, firm, copartnership, association or corporation, other than a county, town, city, city and county, or other political subdivision.
5.] Property means real estate and personal property.
κ1985 Statutes of Nevada, Page 524 (CHAPTER 127, AB 200)κ
[6.] 5. Publication, when no manner is specified therefor, means once a week for 3 consecutive weeks in at least one newspaper of general circulation in each county wherein [such] the publication is to be made. It [shall not be] is not necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days , [(] excluding the day of the first publication [) shall] , must intervene between the first publication and the last publication, and publication [shall be] is complete on the date of the last publication.
[7.] 6. Public corporation means counties, cities and counties, towns, cities, school districts, irrigation districts, water districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
[8.] 7. Section means a section of this chapter unless some other statute is expressly mentioned.
[9.] 8. Subcontracting agency means a public service, public, private or other corporation, or other entity which [shall contract] contracts with the district for the purchase, transfer or acquisition from it of water, drainage or electric power.
[10.] 9. Water conservancy districts means the districts created under the provisions of this chapter.
[11.] 10. Works means drains, channels, trenches, watercourses and other surface and subsurface conduits to effect drainage, dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, powerplants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this chapter.
Sec. 57. NRS 552.085 is hereby amended to read as follows:
552.085 As used in this chapter:
1. Apiary means any hive or other place where bees are kept, located or found, and all appliances used in connection therewith.
2. Appliance means any implement or device used in manipulating bees or their brood, including honey-extracting equipment, and any container thereof.
3. Bees means honey-producing insects (Apis mellifera), and includes adults, eggs, larvae, pupae, and all material, excluding honey and rendered beeswax, that is deposited into beehives by the adults.
4. Colony means the bees, comb and honey contained in the hive.
5. Colony strength means the potential of a hive of bees to pollinize horticultural or agricultural crops.
6. Department means the state department of agriculture.
7. Destroy means to burn a subject in its entirety.
8. Disease means any condition adversely affecting bees, or their brood, which may become epidemic, including American foul brood and acarine disease (Acarapis woodi).
κ1985 Statutes of Nevada, Page 525 (CHAPTER 127, AB 200)κ
their brood, which may become epidemic, including American foul brood and acarine disease (Acarapis woodi).
9. Hive means any receptacle or container made or prepared for the use of bees.
10. Inspector means any person authorized by the department to enforce the provisions of this chapter.
11. Location means any place where an apiary is located.
12. [Person means any natural person, partnership, association or corporation.
13.] Treat means to fumigate hives with gas, to burn their contents and to scorch the boxes, tops and bottom boards with fire.
Sec. 58. NRS 555.235 is hereby amended to read as follows:
555.235 As used in NRS 555.235 to 555.249, inclusive:
1. Agent means any person who:
(a) Acts upon the authority of another person possessing a valid nursery license in this state; and
(b) Solicits for the sale of nursery stock.
2. Container means any receptacle in which nursery stock is packed for shipment, storage or sale.
3. Inspecting officer means a person authorized by the department of agriculture to inspect nursery stock.
4. Licensee means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.
5. Nursery means any ground or place where nursery stock is grown, stored, packed, treated, fumigated or offered for sale.
6. Nursery stock means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.
7. Peddler means any person who sells, solicits or offers for sale nursery stock to the ultimate [consumer] customer and who does not have an established permanent place of business in the state . [, but it shall] The term does not include nurserymen who wholesale stock to retail nurserymen in this state.
8. [Person means any individual, firm, corporation, company or association.
9.] Pest means:
(a) Any form of animal life detrimental to the nursery industry of the state.
(b) Any form of vegetable life detrimental to the nursery industry of the state.
[10.] 9. Pest disease means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.
[11.] 10. Place of business means any location used to propagate, grow, maintain, hold, sell or distribute nursery stock and includes but is not limited to established permanent places of business, registered places of business, established sales yards, store yards, store or sales locations or similar outlets for which the minimum nursery license fee has been paid.
κ1985 Statutes of Nevada, Page 526 (CHAPTER 127, AB 200)κ
but is not limited to established permanent places of business, registered places of business, established sales yards, store yards, store or sales locations or similar outlets for which the minimum nursery license fee has been paid.
[12.] 11. Sell means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.
Sec. 59. NRS 555.266 is hereby amended to read as follows:
555.266 Person [means any individual, firm, partnership, association, corporation, company, joint-stock association or body politic or any organized group of persons, whether incorporated or not, and includes any trustee, receiver, assignee or other similar representative thereof.] includes a government, a governmental agency and a political subdivision of a government.
Sec. 60. NRS 568.230 is hereby amended to read as follows:
568.230 1. It [shall be] is unlawful to graze livestock on any part of the unreserved and unappropriated public lands of the United States in the State of Nevada, when [such] grazing will or does prevent, restrict or interfere with the customary use of [such] the land for grazing livestock by any person who, by himself or his grantors or predecessors, [shall have] has become established, either exclusively or in common with others, in the grazing use of [such lands] the land by operation of law or under and in accordance with the customs of the graziers of the region involved.
2. NRS [568.220] 568.230 to 568.290, inclusive, [shall] does not prohibit the grazing on any [part of such] public lands of livestock owned, kept or used for work or milking purposes by any ranch owner or bona fide settler, for his domestic use, as distinguished from commercial use, [nor] or prohibit the grazing of any livestock necessary for and used in connection with any mining or construction work or other lawful work of similar character.
Sec. 61. NRS 568.240 is hereby amended to read as follows:
568.240 1. Customary or established use as graziers, otherwise than under operation of law, as used in NRS [568.220] 568.230 to 568.290, inclusive, shall be deemed to include the continuous, open, notorious, peaceable and public use of such range seasonally for a period of 5 years or longer immediately [prior to] before March 30, 1931, by the person or his grantors or predecessors in interest, except in cases where initiated without protect or conflict to prior use or occupancy thereof.
2. Any change in [such] customary use so established [shall] must not be made after March 30, 1931, so as to prevent, restrict or interfere with the customary or established use of any other person or persons.
Sec. 62. NRS 568.250 is hereby amended to read as follows:
568.250 NRS [568.220] 568.230 to 568.290, inclusive, [shall not be construed to] does not prohibit any such established user from continuing his grazing use, as established by operation of law or in accordance with such customs.
κ1985 Statutes of Nevada, Page 527 (CHAPTER 127, AB 200)κ
Sec. 63. NRS 568.260 is hereby amended to read as follows:
568.260 Any person violating any of the provisions of NRS [568.220] 568.230 to 568.290, inclusive, [shall be] is guilty of a misdemeanor, and, independently of the foregoing penalty, [shall be] is liable to any person injured for all damages sustained by reason of [such] the violation, and for such exemplary damages as the circumstances may warrant.
Sec. 64. NRS 568.270 is hereby amended to read as follows:
568.270 The violation of any provision of NRS [568.220] 568.230 to 568.290, inclusive, may be restrained by injunction, issued by a court of competent jurisdiction, pursuant to the provisions of law and principles of equity relating to injunctions.
Sec. 65. NRS 568.280 is hereby amended to read as follows:
568.280 Nothing contained in [568.220] 568.230 to 568.290, inclusive, [shall be construed to prohibit] prohibits free transit over and rights in the public domain where [such are] provided by the Acts of Congress.
Sec. 66. NRS 568.290 is hereby amended to read as follows:
568.290 1. NRS [568.220] 568.230 to 568.290, inclusive, shall be deemed an exercise of the police power of the state, for the protection of the economic welfare and peace of the people of the state, and all of their provisions [shall] must be liberally construed for the accomplishment of its purposes.
2. Nothing in NRS [568.220] 568.230 to 568.290, inclusive, [shall be construed as amending or repealing] amends or repeals existing law regarding the grazing use of the public lands or of water for the purpose of watering livestock, or [as modifying or compromising] modifies or compromises any valid rights or priorities [as may] which exist therein on March 30, 1931.
Sec. 67. NRS 573.010 is hereby amended to read as follows:
573.010 As used in this chapter:
1. Consigner means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange.
2. Department means the state department of agriculture.
3. Executive director means the executive director of the state department of agriculture.
4. Livestock means cattle, sheep, goats, horses, mules, asses, burros, swine or poultry.
5. Operator of a public livestock auction means any person holding, conducting or carrying on a public livestock auction.
6. [Person means any individual, firm or corporation.
7.] Public livestock auction means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals.
κ1985 Statutes of Nevada, Page 528 (CHAPTER 127, AB 200)κ
Sec. 68. NRS 575.040 is hereby amended to read as follows:
575.040 1. [Person and persons, as used in this section, mean and shall be construed to mean and include person, persons, individuals, firm, company, copartnership, an association, a corporation and the plurals of each.
2.] Any person who [shall maintain, dump, turn or flow, or cause] maintains, dumps, turns or flows, or causes to be maintained, dumped, turned or flowed, any solution, compound, waste, water or anything of a liquid nature poisonous or injurious to or which might or does kill livestock, into an open ditch, cut, flume, pond, reservoir or any other place, unless [such] the ditch, cut, flume, pond, reservoir or place is enclosed by fence or otherwise safeguarded sufficiently to prevent livestock gaining access thereto, [shall be] is liable for all damages caused by or the result of such act or acts.
[3.] 2. Any person violating subsection [2,] 1, or who fails properly to enclose and safeguard any solution, compound, waste, water or anything of a liquid nature injurious to or which might or does kill livestock, maintained, dumped or flowed by him, [shall be] is liable to the owner of livestock affected for all damages the result of his failure to enclose and safeguard the solution, compound, waste, water or anything of a liquid nature, together with costs of suit and counsel fees in a reasonable amount, to be fixed by the court trying an action therefor.
Sec. 69. NRS 576.010 is hereby amended to read as follows:
576.010 As used in this chapter unless the context clearly requires otherwise:
1. Agent means any person who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.
2. Broker means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product and who does not handle either the farm product involved or the proceeds of a sale.
3. Cash buyer means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.
4. Commission merchant means any person other than a dealer, or broker, or cash buyer, who [shall receive] receives on consignment or [solicit] solicits from the producer thereof for the purpose of resale, or who [shall sell or offer] sells or offers for sale on commission any farm product or livestock, or who [shall] in any way [handle] handles for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
κ1985 Statutes of Nevada, Page 529 (CHAPTER 127, AB 200)κ
of resale, or who [shall sell or offer] sells or offers for sale on commission any farm product or livestock, or who [shall] in any way [handle] handles for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
5. Consignor means any person who ships or delivers to any commission merchant or dealer any farm products for handling, sale or resale.
6. Dealer means any person other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer, agent or consignee thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.
7. Department means the state department of agriculture.
8. Executive director means the executive director of the state department of agriculture.
9. Farm products includes all agricultural, horticultural, viticulture and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.
10. Fixed and established place of business means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.
11. Immediate resale means a sale of farm products or livestock made within 60 days of the purchase thereof.
12. Livestock includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.
13. [Person means any individual, partnership, firm, corporation or association.
14.] Producer means any person engaged in the business of growing or producing any farm product.
Sec. 70. NRS 581.001 is hereby amended to read as follows:
581.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 581.003 to [581.020,] 581.010, inclusive, have the meanings ascribed to them in those sections.
Sec. 71. NRS 583.120 is hereby amended to read as follows:
583.120 As used in NRS 583.110 to 583.210, inclusive, unless the context otherwise requires:
1. Consumer means any person purchasing eggs for his familys use or consumption, or a restaurant, hotel, boardinghouse, bakery or other institution purchasing eggs for serving to guests or patrons, or for its use in cooking or baking.
κ1985 Statutes of Nevada, Page 530 (CHAPTER 127, AB 200)κ
2. [Person means and includes an individual, firm and members of a firm and its employees or agents, a corporation and the officers of the corporation and its employees and agents.
3.] Retailer means any person, firm, corporation or association which sells eggs to a consumer.
Sec. 72. NRS 585.020 is hereby amended to read as follows:
585.020 For the purpose of this chapter, the words and terms defined in NRS 585.030 to [585.160,] 585.150, inclusive, have the meanings ascribed to them [therein.] in those sections.
Sec. 73. NRS 590.020 is hereby amended to read as follows:
590.020 When used in NRS 590.010 to 590.330, inclusive, unless the context otherwise requires:
1. Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
2. [Person means any firm, association or corporation, as well as a natural person.
3.] Petroleum products means gasoline, distillate, kerosene, motor fuel, lubricating oil and motor oil, or any product represented as motor oil or lubricating oil, but does not include liquefied petroleum gas or motor oil additives.
[4.] 3. Additives means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.
Sec. 74. NRS 590.350 is hereby amended to read as follows:
590.350 As used in NRS 590.340 to 590.450, inclusive, unless the context or subject matter otherwise requires:
1. Antifreeze includes all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point.
2. Fiscal year means the period of 1 year beginning July 1 and expiring June 30 of the following year.
[3. Person includes individuals, partnerships, corporations, companies and associations.]
Sec. 75. NRS 590.475 is hereby amended to read as follows:
590.475 As used in NRS 590.465 to 590.645, inclusive, unless the context or subject matter otherwise requires:
1. Board means the Nevada liquefied petroleum gas board.
2. Liquefied petroleum gas, LPG or LP-Gas means [and includes] any material which is composed predominantly of any of the following hydrocarbons, or mixtures of [same: Propane,] propane, proplyene, butanes, either normal butane or isobutane, and butylenes.
[3. Person means and includes an individual, firm, copartnership, corporation, association or other organization or any combination of any thereof.]
Sec. 76. NRS 598.100 is hereby amended to read as follows:
598.100 For the purposes of NRS 598.100 to 598.130, inclusive:
κ1985 Statutes of Nevada, Page 531 (CHAPTER 127, AB 200)κ
1. Compensation does not mean payment based on sales of goods or services to persons who are not participants in a pyramid promotional scheme or endless chain and who are not purchasing in order to participate in such a program.
2. [Person includes a company, partnership, association or corporation and its employees, as well as a natural person.
3.] Promotes means inducing one or more other persons to become a participant in a pyramid promotional scheme or endless chain.
[4.] 3. A pyramid promotional scheme means any program or plan for the disposal or distribution of property and merchandise or property or merchandise by which a participant gives or pays a valuable consideration for the opportunity or chance to receive any compensation or thing of value in return for procuring or obtaining one or more additional persons to participate in the program, or for the opportunity to receive compensation of any kind when a person introduced to the program or plan by the participant procures or obtains a new participant in such a program.
Sec. 77. NRS 598.353 is hereby amended to read as follows:
598.353 As used in NRS 369.180 and [NRS] 598.355 to 598.359, inclusive, unless the context otherwise requires:
1. Alcoholic beverage means any spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.
2. Engage in includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.
[3. Person includes a natural person, firm, partnership, association, company, corporation, organization, joint venture, social club, syndicate, cooperative or any other group acting as a unit.]
Sec. 78. NRS 598.690 is hereby amended to read as follows:
598.690 As used in NRS 598.690 to 598.745, inclusive, unless the context otherwise requires:
1. Garage means any business establishment, sole proprietorship, firm, corporation, association or other legal entity that engages in the business of repairing motor vehicles.
2. Garageman means any person who owns, operates, controls or manages a garage.
3. Motor vehicle means:
(a) A motorcycle as defined in NRS 482.070;
(b) A motortruck as defined in NRS 482.073 if its gross vehicle weight does not exceed 6,000 pounds; and
(c) A passenger car as defined in NRS 482.087.
4. [Person means a natural person, corporation, firm, association or partnership.
5.] Person authorizing repairs includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance.
κ1985 Statutes of Nevada, Page 532 (CHAPTER 127, AB 200)κ
[6.] 5. Repair or repairing includes modifying and performing maintenance work on motor vehicles, but does not include lubrication or oil change, repairing or changing tires, or replacing batteries, wiper blades, fan belts or other minor accessories.
Sec. 79. NRS 598A.020 is hereby amended to read as follows:
598A.020 When used in this chapter, unless the context otherwise requires:
1. Commodity means any goods, merchandise, wares, produce, chose in action, patents, trade-marks, articles of commerce, or other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment or resale.
2. [Person means any individual, proprietorship, corporation, firm, partnership, incorporated or unincorporated association, or any other legal or commercial entity, but does not mean the State of Nevada, its agencies, political subdivisions, districts or municipal corporations.
3.] Service means any activity performed or benefit conferred for the purpose of economic gain.
[4.] 3. Trade or commerce includes all economic activity involving or relating to any commodity or service.
Sec. 80. NRS 598B.080 is hereby amended to read as follows:
598B.080 Person [means a natural person, association, partnership, corporation, government or governmental subdivision or agency, or other legal entity.] includes a government, a governmental agency and a political subdivision of a government.
Sec. 81. NRS 600.060 is hereby amended to read as follows:
600.060 Any person acquiring containers, supplies or equipment marked as provided in NRS 600.050, by purchase or other lawful means, [shall not be] is not required to file and publish the description again, but may acquire as a part of the purchase all such benefit as the vendor has under NRS [600.040] 600.050 to 600.120, inclusive.
Sec. 82. NRS 600.080 is hereby amended to read as follows:
600.080 Whenever the owner of containers, equipment or supplies used in the business, marked, branded or otherwise impressed with a device as provided in NRS 600.050, [shall require] requires the taking or accepting of any sum of money as a deposit for security for the safekeeping and return of [such] the articles, it [shall] does not constitute a sale of [such] the property, either optional or otherwise, in any proceeding under NRS [600.040] 600.050 to 600.120, inclusive.
Sec. 83. NRS 600.090 is hereby amended to read as follows:
600.090 1. Whenever any person mentioned in NRS 600.050 or his agent [shall make] makes an oath before any magistrate that he has reason to believe, and does believe, that any of the containers, supplies or equipment mentioned in NRS 600.050 are being unlawfully sold, filled or used, or are secreted in any place, the magistrate shall issue a search warrant to discover and obtain the same.
2. The magistrate may also cause the person in whose possession such articles may be found to be brought before him.
κ1985 Statutes of Nevada, Page 533 (CHAPTER 127, AB 200)κ
such articles may be found to be brought before him. If the magistrate finds that the person is guilty of violating any provision of NRS [600.040] 600.050 to 600.120, inclusive, he must impose the punishment prescribed by NRS 600.120, and also award the possession of the property taken upon the search warrant to the owner thereof.
Sec. 84. NRS 600.120 is hereby amended to read as follows:
600.120 A violation of any of the provisions of NRS [600.040] 600.050 to 600.110, inclusive, [shall constitute] is a misdemeanor.
Sec. 85. NRS 611.020 is hereby amended to read as follows:
611.020 As used in NRS 611.020 to 611.320, inclusive:
1. Babysitting means employment to care for children during a short absence of the parents or guardian.
2. Employment agency means [and includes] the business of conducting, as owner, agent, manager, contractor, subcontractor, or in any other capacity, an intelligence office, domestic and commercial employment agency, general employment bureau, hotel, or any other agency for the purpose of procuring or attempting to procure help or employment for persons seeking employment, or for the registration of persons seeking such employment or help, or for giving information as to where and of whom such help or employment may be secured, where a fee or other valuable consideration is exacted or attempted to be collected for such services.
3. Gross cash wage means wages and salary, lodging allocation when lodging is furnished in the employment agreement, and commissions paid.
4. Labor commissioner means the labor commissioner of the State of Nevada.
[5. Person means and includes any individual, firm, company, corporation, association, manager, contractor, subcontractor, or their agents, employees or licensees.]
Sec. 86. NRS 613.310 is hereby amended to read as follows:
613.310 As used in NRS 613.310 to 613.420, inclusive, unless the context otherwise requires:
1. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation under section 501(c) of the Internal Revenue Code of 1954.
2. Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
3. Labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
κ1985 Statutes of Nevada, Page 534 (CHAPTER 127, AB 200)κ
part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
4. Person includes [a corporation, association, company, firm, labor organization, partnership, legal representative, mutual company, joint-stock company, trust, unincorporated organization, trustee, trustee in bankruptcy, receiver, the State of Nevada or any of its political subdivisions, as well as a natural person.] the State of Nevada and any of its political subdivisions.
Sec. 87. NRS 618.145 is hereby amended to read as follows:
618.145 Person [means any individual, firm, association, partnership, corporation, company or public agency.] includes a public agency.
Sec. 88. NRS 637.020 is hereby amended to read as follows:
637.020 In this chapter, unless the context otherwise requires:
1. Board means the board of dispensing opticians.
2. Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
3. Ophthalmic dispensing means the design, verification and delivery to the intended wearer of lenses, frames and other specially fabricated optical devices upon prescription. The term includes:
(a) The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;
(b) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear;
(c) The verification of the quality of finished ophthalmic products;
(d) The adjustment of lenses or frames to the intended wearers face or eyes; and
(e) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices.
4. Person [means] is limited to a natural person.
5. Prescriber means a physician or optometrist authorized to examine eyes and prescribe therapeutic or corrective lenses.
6. Prescription means a direction from a licensed prescriber to prepare therapeutic or corrective lenses.
7. Supervision means the provision of individual direction, control, inspection and evaluation of work.
Sec. 89. NRS 638.010 is hereby amended to read as follows:
638.010 As used in this chapter:
1. Animal excludes man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.
2. Animal technician means a person who is formally trained for the specific purpose of assisting a licensed veterinarian in the performance of professional or technical services in the field of veterinary medicine.
3. Board means the Nevada state board of veterinary medical examiners.
κ1985 Statutes of Nevada, Page 535 (CHAPTER 127, AB 200)κ
4. Licensed veterinarian means a person who is validly and currently licensed to practice veterinary medicine in this state.
5. [Person includes any individual, firm, partnership, association, joint venture, cooperative, corporation or any other group or combination acting in concert, whether or not acting as a principal, trustee, fiduciary, receiver or as any other kind of legal or personal representative or as the successor in interest, assignee, agent, factor, servant, employee, director, officer or other representative of any of these.
6.] Practice veterinary medicine means:
(a) To diagnose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescription or the administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, and including testing for pregnancy or for correcting sterility or infertility; or to render advice or recommendation with regard to any of these.
(b) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (a).
(c) To use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in paragraph (a), except where [such] the person is a veterinarian.
[7.] 6. School of veterinary medicine means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association.
[8.] 7. Veterinarian means a person who has received a doctors degree in veterinary medicine from a school of veterinary medicine.
[9.] 8. Veterinary medicine includes veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.
Sec. 90. NRS 641.020 is hereby amended to read as follows:
641.020 [Unless otherwise indicated by the context, words and phrases or variants thereof employed in this chapter shall be construed and given meanings, for the purpose of this chapter, in accordance with the following definitions:] As used in this chapter, unless the context otherwise requires:
1. Board means the board of psychological examiners.
2. Certificate means a certificate of registration as a psychologist.
3. Certificatee means a person certified as a psychologist by the board.
4. [Person means any individual, partnership, association or corporation.
κ1985 Statutes of Nevada, Page 536 (CHAPTER 127, AB 200)κ
5.] Practice of psychology means the application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of personnel evaluation, group relations and behavior adjustment. The application of such principles includes, but is not restricted to:
(a) Counseling and the use of psychotherapeutic measures, including hypnosis, with persons or groups with adjustment problems in the areas of work, family, school or personal relationships.
(b) Measuring and testing of personality, intelligence, aptitudes, emotions, public opinion, attitudes and skills.
[6.] 5. Psychologist means a person who describes himself, or his services, to the public by any title or description which incorporates the word psychological, psychologist or psychology, and offers to render or renders psychological services to individuals, partnerships, associations, corporations or other members of the public for remuneration.
Sec. 91. NRS 645A.010 is hereby amended to read as follows:
645A.010 As used in this chapter, unless the context otherwise requires:
1. Administrator means the real estate administrator.
2. Division means the real estate division of the department of commerce.
3. Escrow means any transaction wherein one person, for the purpose of effecting the sale, transfer, encumbering or leasing of real or personal property to another person, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by such third person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee, bailor or any agent or employee of any of the latter.
4. Escrow agent means any person engaged in the business of administering escrows for compensation.
[5. Person includes an individual, partnership, firm, association or corporation.]
Sec. 92. NRS 649.005 is hereby amended to read as follows:
649.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.007 to [649.040,] 649.035, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 93. NRS 671.010 is hereby amended to read as follows:
671.010 As used in this chapter, unless the context otherwise requires:
1. Check means any check, draft, money order or other instrument used for the transmission or payment of money. Check does not include a travelers check.
2. Licensee means any person licensed under this chapter.
κ1985 Statutes of Nevada, Page 537 (CHAPTER 127, AB 200)κ
[3. Person means any natural person, partnership, association, trust, corporation or other legal entity.]
Sec. 94. NRS 675.020 is hereby amended to read as follows:
675.020 As used in this chapter, unless the context otherwise requires:
1. Administrator means the administrator of financial institutions.
2. Amount of cash advance means the amount of cash or its equivalent actually received by a borrower or paid out at his direction or on his behalf.
3. Amount of loan obligation means the amount of cash advance plus the aggregate of charges added thereto pursuant to the authority of this chapter.
4. Community means a contiguous area of the same economic unit or metropolitan area as determined by the administrator, and may include all or part of a city or several towns or cities.
5. License means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business.
6. Licensee means a person to whom one or more licenses have been issued.
[7. Person includes natural persons, copartnerships, associations, trusts, corporations and any other legal entities.]
Sec. 95. NRS 679A.110 is hereby amended to read as follows:
679A.110 [1. Person includes an individual, association, organization, society, reciprocal insurer, partnership, firm, syndicate, business trust, corporation and every legal entity.
2.] An individual is a natural person.
Sec. 96. NRS 687A.030 is hereby amended to read as follows:
687A.030 As used in this chapter unless the context otherwise requires:
1. Association means the Nevada insurance guaranty association created pursuant to NRS 687A.040.
2. Commissioner means the commissioner of insurance.
3. Covered claim:
(a) Means an unpaid claim or judgment excluding unearned premium claims, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if [such] the insurer becomes an insolvent insurer after May 5, 1971, and one of the following conditions exists:
(1) The claimant or insured is a resident of this state at the time of the insured event.
(2) The property from which the claim arises is permanently located in this state.
(b) Does not include:
(1) Any amount due any reinsurer, insurer, insurance pool or underwriting association, as subrogation recoveries or otherwise;
κ1985 Statutes of Nevada, Page 538 (CHAPTER 127, AB 200)κ
(2) That part of a loss which would not be payable because of a deductible provision in the policy;
(3) Any claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer; and
(4) Any supplementary payment obligation for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer [prior to] before the appointment of a liquidator unless the expenses would also be a valid claim against the insured.
4. Insolvent insurer means an insurer which has been issued a certificate of authority by the commissioner to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, against which a final order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction in the insurers state of domicile or in Nevada.
5. Member insurer means any person, except a fraternal or nonprofit service corporation who:
(a) Writes any kind of insurance to which this chapter applies, including the exchange of reciprocal or interinsurance agreements of indemnity.
(b) Is licensed to transact insurance in this state.
6. Net direct written premiums means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums and dividends paid or credited to policyholders on such direct business. [Such] The term does not include premiums on contracts between insurers or reinsurers.
[7. Person means any natural person, corporation, partnership, association, voluntary organization, reciprocal or insurance exchange.]
Sec. 97. NRS 692C.080 is hereby amended to read as follows:
692C.080 Person [means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization or any similar entity or combination thereof. It] does not include any securities broker performing no more than the usual and customary brokers function.
Sec. 98. NRS 695C.030 is hereby amended to read as follows:
695C.030 As used in this chapter, unless the context otherwise requires : [, the words and terms defined in this section shall be given the meanings ascribed to them in this section.]
1. Commissioner means the commissioner of insurance.
2. Comprehensive health care services means medical services, dentistry, drugs, psychiatric and optometric and all other care necessary for the delivery of services to the consumer.
3. Enrollee means [an individual] a natural person who has been voluntarily enrolled in a health care plan.
4. Evidence of coverage means any certificate, agreement or contract issued to an enrollee setting forth the coverage to which he is entitled.
κ1985 Statutes of Nevada, Page 539 (CHAPTER 127, AB 200)κ
contract issued to an enrollee setting forth the coverage to which he is entitled.
5. Health care plan means any arrangement whereby any person undertakes to provide, arrange for, pay for or reimburse any part of the cost of any health care services and at least part of [such] the arrangement consists of arranging for or the provision of health care services paid for by or on behalf of the enrollee on a periodic prepaid basis.
6. Health care services means any services included in the furnishing to any [individual] natural person of medical or dental care or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any [and all] other services for the purpose of preventing, alleviating, curing or healing human illness or injury.
7. Health maintenance organization means any person which provides or arranges for provision of a health care service or services and is responsible for the availability and accessibility of such service or services to its enrollees, which services are paid for or on behalf of the enrollees on a periodic prepaid basis without regard to the dates health services are rendered and without regard to the extent of services actually furnished to the enrollees, except that supplementing [such] the fixed prepayments by nominal additional payments for services in accordance with regulations [promulgated] adopted by the commissioner shall not be deemed to render [such] the arrangement not to be on a prepaid basis. A health maintenance organization, in addition to offering health care services, may offer indemnity or service benefits provided through insurers or otherwise.
8. [Person means any individual, partnership, association or corporation.
9.] Provider means any physician, hospital or other person who is licensed or otherwise authorized in this state to furnish health care services.
Sec. 99. NRS 696A.060 is hereby amended to read as follows:
696A.060 Person [means any person, firm, partnership, corporation or association which] is limited to any person who conducts a motor club business in this state.
Sec. 100. NRS 704.015 is hereby amended to read as follows:
704.015 As used in this chapter, person [means any individual, firm, association, partnership, corporation, lessee, trustee, receiver or company] is limited to a person engaged in or intending to engage in the operation of a public utility.
Sec. 101. NRS 704.850 is hereby amended to read as follows:
704.850 Person includes [any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government or other organization.] a government, a governmental agency and a political subdivision of a government.
κ1985 Statutes of Nevada, Page 540 (CHAPTER 127, AB 200)κ
Sec. 102. NRS 706.106 is hereby amended to read as follows:
706.106 Person [means any person, firm, association, partnership, corporation, lessee, trustee, receiver or company] is limited to any person engaged in or intending to engage in the operation of any vehicle in any of the carrier services defined in NRS 706.016 to 706.146, inclusive.
Sec. 103. NRS 78.3768, 97.065, 169.135, 239A.060, 244A.041, 271.165, 342.080, 349.190, 350.548, 361A.070, 366.050, 369.080, 370.030, 372.040, 394.096, 396.827, 406.010, 408.075, 452.015, 453.116, 454.0093, 463.0183, 463B.030, 482.090, 483.130, 484.114, 485.100, 489.130, 501.073, 568.220, 581.020, 582.020, 583.395, 584.365, 585.160, 586.190, 587.045, 587.300, 588.120, 598.190, 598.430, 599A.030, 600.040, 600.270, 613.240, 624.030, 627.120, 631.080, 639.011, 641A.070, 648.009, 649.040, 677.120, 678.200, 689.085 and 706.8815 are hereby repealed.
Sec. 104. This act becomes effective upon passage and approval.
________
Senate Bill No. 171Committee on Finance
CHAPTER 128
AN ACT transferring a part of an appropriation made for fiscal year 1984-85 between certain programs within the welfare division of the department of human resources; and providing other matters properly relating thereto.
[Approved April 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 31 of chapter 453, Statutes of Nevada 1983, at page 1180, is hereby amended to read as follows:
Sec. 31. Department of Human Resources.
For the support of:
Office of the director of human resources...... $312,640............................................ $315,679
Health planning and resources........................ 48,621................................................ 48,609
Aging services division.................................... 543,198.............................................. 564,541
Youth services division
Youth services division........................... 126,921............................................ 130,009
Child care services bureau...................... 83,887.............................................. 87,076
Northern Nevada childrens home......... 752,979 782,859 Southern Nevada childrens home ............................ $715,807 $749,265
κ1985 Statutes of Nevada, Page 541 (CHAPTER 128, SB 171)κ
Southern Nevada childrens home......... $715,807.......................................... $749,265
Nevada youth training center................. 3,038,515......................................... 3,167,979
Probation subsidies.................................. 755,244............................................ 793,006
Nevada girls training center.................... 1,743,468......................................... 1,821,058
Youth parole.............................................. 572,969............................................ 589,356
Youth services division alternative placements ............................................ 860,000 902,880
Health division
Office of state health officer.................... 201,913............................................ 206,967
Vital statistics............................................ 310,624............................................ 328,996
Bureau of health facilities........................ 172,654............................................ 178,347
Bureau of laboratory and research......... 640,504............................................ 677,163
Childrens health services....................... 2,120,395......................................... 2,460,815
Special childrens clinic........................... 808,810............................................ 931,209
Bureau of community health services... 256,395............................................ 281,598
Health aid to counties.............................. 639,777............................................ 675,562
Emergency medical services................... 272,692............................................ 281,792
Consumer protection................................ 516,850............................................ 573,201
Tuberculosis control................................ 239,625............................................ 252,948
Venereal disease control.......................... 67,797.............................................. 74,610
Cancer control registry............................ 53,840.............................................. 59,615
Mental hygiene and mental retardation division
Division administration............................ 548,278............................................ 555,659
Nevada mental health institute............... 5,680,453 5,958,457 Facility for the mental offender ......................... $1,444,688 $1,500,310
κ1985 Statutes of Nevada, Page 542 (CHAPTER 128, SB 171)κ
Facility for the mental offender............... $1,444,688....................................... $1,500,310
Rural clinics............................................... 1,262,678......................................... 1,402,300
Southern Nevada adult mental health services ......................................... 4,575,513 4,821,740
Southern Nevada child and adolescent services ......................................... 2,325,095 2,646,466
Northern Nevada child and adolescent services ......................................... 1,449,395 1,598,880
Southern Nevada mental retardation services ............................................ 224,811 203,471
Northern Nevada mental retardation services ............................................ 345,354 325,709
Community training center...................... 755,742............................................ 858,729
Retired senior volunteer program........... 14,032.............................................. 15,341
Foster grandparents program................. 74,047.............................................. 74,047
Resident placement.................................. -0-.............................................. 40,263
MH/MR: Regional training...................... 20,634.............................................. 24,741
MH/MR: Home care................................. 124,800............................................ 141,120
Welfare division
Welfare administration............................. 2,288,479......................................... 2,573,441
Assistance to aged and blind................. 2,336,698......................................... 2,369,488
Aid to dependent children...................... 5,645,000......................................... 5,645,000
State aid to the medically indigent......... 41,679,517.................................... [43,149,332]
42,649,632
Food stamp program................................ 1,808,035......................................... 1,813,229
Child welfare services.............................. 2,114,757...................................... [2,227,572]
2,727,272 Rehabilitation division
κ1985 Statutes of Nevada, Page 543 (CHAPTER 128, SB 171)κ
Rehabilitation division
Vocational rehabilitation.......................... $1,047,198....................................... $1,192,352
Services to the blind................................. 486,241............................................ 535,201
Alcohol and drug abuse rehabilitation.. 774,911............................................ 776,133
Committee to hire the handicapped....... 116,822............................................ 120,697
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 336Committee on Government Affairs
CHAPTER 129
AN ACT relating to insurance for public employees; making various changes regarding the participation of certain public agencies in the states program of group insurance; clarifying the liability of the state for indemnification of the committee on group insurance; changing the source of payment of certain claims against the state; and providing other matters properly relating thereto.
[Approved April 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on group insurance shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all state officers and employees.
2. [Negotiate] Except as provided in this subsection, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers and employees by participation in the states program of group insurance . [program.] If such an agency has 200 officers and employees or fewer, the rates and coverage must be the same as those established for state employees. If such an agency has more than 200 officers and employees, the committee may establish by regulation separate rates and coverage for those officers and employees based on actuarial reports.
3. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers and employees who [elect to] participate in the states program of group insurance . [program.]
κ1985 Statutes of Nevada, Page 544 (CHAPTER 129, AB 336)κ
4. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
5. Adopt such regulations and perform such other duties as may benecessary to carry out the provisions of NRS 287.041 to 287.049, inclusive[.] , including the establishment of:
(a) Fees for applications for participation in the states program and for the late payment of premiums; and
(b) Conditions for entry and reentry into the states program by public agencies enumerated in NRS 287.010.
Sec. 2. NRS 287.0435 is hereby amended to read as follows:
287.0435 1. If any plan of self-insurance is adopted by the committee on group insurance, there is created a self-insurance fund as a trust fund for the purpose of receiving contributions.
2. The money in the fund must be invested as other money of the state is invested and any income therefrom paid into the fund for the benefit of the fund.
3. Disbursements from the fund must be made as any other claims against the state are paid.
4. The state treasurer may charge a reasonable fee for his services in administering the fund, but the state, the state general fund and the state treasurer are not liable to the fund for any loss sustained by the fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the plan of self-insurance. The state is liable for indemnification of the committee on group insurance, the state risk manager and other employees of the state against liability relating to the administration of the states program of group insurance, subject to the limitations specified in NRS 41.0349.
Sec. 3. NRS 41.037 is hereby amended to read as follows:
41.037 Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim or settle any action against the state, any of its agencies or any of its present or former officers, employees or legislators arising under NRS 41.031 to the extent of $50,000, plus interest computed from the date of judgment. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the [same] claim from the trust fund for insurance premiums or from the reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim or settle any action against that subdivision or any of its present or former officers or employees arising under NRS 41.031 to the extent of $50,000, plus interest computed from the date of entry of any judgment, and pay it from any [funds] money appropriated or lawfully available for [such] that purpose.
Sec. 4. NRS 331.187 is hereby amended to read as follows:
331.187 1. There is created in the state treasury [an insurance premium] a trust fund for insurance premiums to be maintained for the use of the budget division of the department of administration.
κ1985 Statutes of Nevada, Page 545 (CHAPTER 129, AB 336)κ
premium] a trust fund for insurance premiums to be maintained for the use of the budget division of the department of administration.
2. Each state agency shall deposit in the [insurance premium trust] fund an amount equal to its insurance premium [,] and other charges for potential liability, as determined by the [budget] risk management division.
3. Expenditures from the [insurance premium trust] fund must be made by the budget division [of the department of administration] to the insurer for premiums of state agencies as they become due [.] and for claims which are obligations of the state pursuant to NRS 41.0349 and 41.037. If the money in the fund is insufficient to pay the claim, it must be paid from the reserve for statutory contingency fund.
Sec. 5. NRS 331.188 is hereby amended to read as follows:
331.188 1. Insurance recovery accounts in the [insurance premium] trust fund for insurance premiums may be established [from time to time] as may be necessary. Except as provided in subsection 4, all money received from insurance companies in payment of losses incurred upon buildings and other property belonging to the state must be deposited in these accounts.
2. Money in these accounts may be expended only by the board, commission or officer having control or management of the buildings or other property damaged or destroyed for the repair, replacement or reconstruction of the damaged or destroyed property, and the money must be paid out on claims as other claims against the state are paid.
3. Any unexpended amount remaining in an insurance recovery account 3 years after the creation of the account, reverts to the state general fund.
4. This section does not apply to money received from insurance companies in payment of losses incurred upon buildings and other property controlled and administered by the department of transportation. That money must be deposited in the state highway fund.
Sec. 6. 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, 281.174, 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 7.155, 176.223, 177.345, 178.465, 179.225 and 213.153, but 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 [.] ; and
κ1985 Statutes of Nevada, Page 546 (CHAPTER 129, AB 336)κ
(c) The payment of claims which are obligations of the state under NRS 41.0349 and 41.037, but only to the extent that the money in the trust fund for insurance premiums is insufficient to pay the claims.
________
Assembly Bill No. 228Committee on Ways and Means
CHAPTER 130
AN ACT relating to salary in unclassified service; raising the salary of the superintendent of public instruction; and providing other matters properly relating thereto.
[Approved May 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Notwithstanding the provisions of chapter 519, Statutes of Nevada 1983, at page 1449, the superintendent of public instruction in the unclassified service of the State of Nevada is entitled to receive an annual salary of not more than the approximate maximum amount of $56,500.
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Senate Bill No. 31Committee on Commerce and Labor
CHAPTER 131
AN ACT relating to vocational licensing boards; requiring continuing education for certain professions and occupations as a prerequisite for the renewal of licenses; and providing other matters properly relating thereto.
[Approved May 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630.287 is hereby amended to read as follows:
630.287 The board [may require physicians who are licensed under this chapter to comply with continuing education requirements adopted by the board as a prerequisite to annual registration.] shall, as a prerequisite for the:
1. Renewal of a certificate as a physicians assistant; or
2. Annual registration of the holder of a license to practice medicine,
require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 2. Chapter 630A of NRS is hereby amended by adding thereto a new section to read as follows:
1. To renew a license other than a temporary, special or limited license issued pursuant to this chapter, each person must, on or before January 1 of each year:
κ1985 Statutes of Nevada, Page 547 (CHAPTER 131, SB 31)κ
license issued pursuant to this chapter, each person must, on or before January 1 of each year:
(a) Apply to the board for renewal;
(b) Pay the annual fee for renewal set by the board; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal or restoration of a license other than a temporary, special or limited license, require each holder of a license to comply with the requirements for continuing education adopted by the board.
3. Any holder failing to pay the annual fee for renewal after it becomes due must be given a period of 60 days in which to pay the fee, and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in Nevada is automatically suspended. The holder may, within 2 years after the date his license is suspended, apply for the restoration of his license.
4. The board shall notify any holder whose license is automatically suspended for nonpayment of the annual fee for renewal and send a copy of the notice to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 3. NRS 630A.330 is hereby amended to read as follows:
630A.330 1. Each applicant for a license to practice homeopathic medicine must pay a fee of $250.
2. Each applicant who fails an examination and who is permitted to be reexamined must pay a fee not to exceed $200 for each reexamination.
3. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request, refund a portion of the application fee not to exceed $100. There must be no refund of the application fee if an applicant appears for examination.
4. Each applicant for a license issued under the provisions of NRS 630A.310 or 630A.320, must pay a fee not to exceed $50, as determined by the board, and must pay a fee of $10 for each renewal of the license.
5. [Each holder of a license to practice homeopathic medicine must pay to the secretary-treasurer of the board on or before January 1 of each year an annual fee for registration to be set by the board and in no case to exceed the sum of $100 per year.
6. Any holder failing to pay the annual fee for registration after it becomes due must be given 60 days in which to pay the fee, and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in Nevada is automatically suspended. The holder may, within 2 years from the date his license is suspended, on payment of twice the amount of the then-current annual fee for registration to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
κ1985 Statutes of Nevada, Page 548 (CHAPTER 131, SB 31)κ
7. The annual fee for registration must be collected for the year in which a homeopathic physician is licensed.
8. Notices must be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual fee for registration, and a copy of the notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.] The fee for the renewal of a license, as determined by the board, must not exceed $100 per year and must be collected for the year in which a homeopathic physician is licensed.
6. The fee for the restoration of a suspended license is twice the amount of the fee for the renewal of a license at the time of the restoration of the license.
Sec. 4. (Deleted by amendment.)
Sec. 5. Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:
1. To renew a license issued pursuant to this chapter, each person must, on or before February 1 of each year:
(a) Apply to the board for renewal;
(b) Pay the annual fee for registration prescribed by the board; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal or reinstatement of a license, require each holder of a license to comply with the requirements for continuing education adopted by the board.
Sec. 6. NRS 641.220 is hereby amended to read as follows:
641.220 [Every person certified by the board shall be required to submit biennially a completed registration form and pay the biennial registration fee provided for in this chapter.]
1. To renew a certificate issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:
(a) Apply to the board for renewal;
(b) Pay the biennial registration fee set by the board; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal of a certificate, require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 7. NRS 641A.260 is hereby amended to read as follows:
641A.260 1. [Every person certified by the board shall be required to submit biennially a completed registration form and pay the biennial registration fee provided for in this chapter.
2. Each person holding a certificate as a marriage and family counselor in this state shall pay a biennial registration fee to the board on or before the 1st day of January of each odd-numbered year.] To renew a certificate issued pursuant to this chapter, each person must, on or before the first of January of each odd-numbered year:
κ1985 Statutes of Nevada, Page 549 (CHAPTER 131, SB 31)κ
(a) Apply to the board for renewal;
(b) Pay the biennial registration fee set by the board; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal of a certificate, require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 8. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall adopt regulations for the certification and licensure of laboratory directors and laboratory personnel who perform technical duties other than the collection of blood.
2. The board shall, as a prerequisite for the renewal of a certificate or license, require the laboratory director and any laboratory personnel certified by the board pursuant to chapter 652 of NRS to comply with the requirements for continuing education adopted by the board.
Sec. 9. NRS 654.170 is hereby amended to read as follows:
654.170 1. The board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of NRS 654.150 and shall affix its official seal to [such] the license.
2. Each license issued by the board under this chapter expires on December 31 of the year following the year of its issuance and may be renewed biennially.
3. Any licensed nursing facility administrator may renew his license by applying for [such] renewal in the manner prescribed by the board and paying the renewal fee fixed by the board.
4. The board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 10. NRS 641.340 is hereby repealed.
Sec. 11. 1. This act becomes effective on July 1, 1985, to facilitate the adoption of any necessary regulations and for other administrative matters.
2. The requirements for continuing education as a prerequisite for the renewal of licenses become effective for the renewal of any license on or after July 1, 1986.
________
κ1985 Statutes of Nevada, Page 550κ
Senate Bill No. 220Senators Wagner and Foley
CHAPTER 132
AN ACT relating to petitions for initiative and referendum; requiring the secretary of state to specify the format for signatures; requiring the dating of signatures; permitting a signer to remove his name; authorizing multiple pages for documents; requiring a detailed receipt when documents are filed with a county clerk; providing additional procedures for the verification of signatures; requiring the use of the same identification when an initiative is submitted at successive elections; and providing other matters properly relating thereto.
[Approved May 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 295.035 is hereby amended to read as follows:
295.035 [1.] If the initiative petition proposes an amendment to the constitution, [it shall be filed with the secretary of state not less than 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment.
2. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of the constitution upon completion of the canvass of votes by the supreme court.] in resubmitting the initiative to the voters, the secretary of state shall use the same identifying number or other identification used for the first submission.
Sec. 2. NRS 295.055 is hereby amended to read as follows:
295.055 [Each referendum petition and initiative petition shall include the full text of the measure proposed. Each signer shall affix thereto his or her signature, residence address and the name of the county in which he or she is a registered voter. The petition may consist of more than one document, but each document shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Nevada.
κ1985 Statutes of Nevada, Page 551 (CHAPTER 132, SB 220)κ
Nevada. The enacting clause of all statutes or amendments proposed by initiative petition shall be: The People of the State of Nevada do enact as follows:.]
1. The secretary of state shall by regulation specify:
(a) The format for the signatures on a petition for an initiative or referendum and make free specimens of the format available upon request. Each signature must be dated.
(b) The manner of fastening together several sheets circulated by one person to constitute a single document.
2. A person who signs a petition may remove his name from it by transmitting his request in writing to the county clerk at any time before the petition is filed with the county clerk.
Sec. 3. NRS 295.056 is hereby amended to read as follows:
295.056 1. Before a petition for initiative or referendum is filed with the secretary of state, the petitioners must submit to each county clerk the document or documents which were circulated for signatures within his county. [If more than one document was circulated, all the documents must be submitted to the clerk at the same time.] The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the persons statement of the number of signatures contained therein.
2. Within 5 days excluding Saturdays, Sundays and holidays, after the submission of such documents the county clerk shall first determine the legal sufficiency of each document under the requirements of this chapter and shall then determine the total number of signatures affixed to [the] valid documents and shall transmit that information to the secretary of state.
3. If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the petitioners and the county clerks and no further action may be taken in regard to the petition.
Sec. 4. NRS 295.059 is hereby amended to read as follows:
295.059 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine every signature for verification.
2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county, the secretary of state may order the county clerk in that county to examine every signature for verfication
3. Within 30 days after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the clerk additional assistants for examining the signatures and provide for their compensation.
κ1985 Statutes of Nevada, Page 552 (CHAPTER 132, SB 220)κ
signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters signatures.
[3.] 4. Upon completing the examination, the clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately transmit the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the clerks office.
[4.] 5. The petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
[5.] 6. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks.
________
Senate Bill No. 105Senators Wagner, Raggio and Wilson
CHAPTER 133
AN ACT relating to grand juries; enlarging the scope of confidentiality of their proceedings; providing a penalty; and providing other matters properly relating thereto.
[Approved May 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 172.245 is hereby amended to read as follows:
172.245 1. [Disclosure of evidence presented to or events occurring or statements made in] The disclosure of:
(a) Evidence presented to the grand jury;
(b) Information obtained by the grand jury;
(c) The results of an investigation made by the grand jury; and
(d) An event occurring or a statement made in the presence of the grand jury other than its deliberations and the vote of [any] a juror ,
may be made to the district attorney for use in the performance of his duties. [Otherwise a juror, attorney, interpreter, stenographer or other person may disclose evidence presented to or events occurring or statements made in the presence of the grand jury only:]
2. Except as otherwise provided in subsection 3, the attorney general or a member of his staff, a grand juror, district attorney or member of his staff, peace officer, clerk, stenographer, interpreter, witness or other person invited or allowed to attend the proceedings of a grand jury shall not disclose:
(a) Evidence presented to the grand jury;
κ1985 Statutes of Nevada, Page 553 (CHAPTER 133, SB 105)κ
(b) An event occurring or a statement made in the presence of the grand jury;
(c) Information obtained by the grand jury; or
(d) The results of an investigation made by the grand jury.
3. A person may disclose his knowledge concerning the proceedings of a grand jury:
(a) When so directed by the court preliminary to or in connection with a judicial proceeding;
(b) When permitted by the court at the request of the defendant upon a showing that grounds may exist for a motion to dismiss the presentment or indictment because of matters occurring before the grand jury; [or]
(c) If he was a witness before the grand jury and is disclosing his knowledge of the proceedings to his own attorney; or
(d) As provided in NRS 172.225.
[2.] 4. No obligation of secrecy may be imposed upon any person except in accordance with this section. The court may direct that a presentment or indictment [shall] be kept secret until the defendant is in custody or has been given bail, and [in that event] the clerk shall seal the presentment or indictment . [and no person shall] It is unlawful for any person to disclose the finding of the secret presentment or indictment except when necessary for the issuance and execution of a warrant or summons.
5. A person who violates any of the provisions of this section is guilty of a gross misdemeanor and contempt of court.
6. The attorney general or district attorney shall investigate and prosecute a violation of this section.
7. The grand jury shall inform each person who appears before the grand jury of the provisions of this section and the penalties for its violation.
Sec. 2. NRS 199.390 is hereby repealed.
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Senate Bill No. 103Senators Wagner and Raggio
CHAPTER 134
AN ACT relating to grand juries; allowing certain witnesses to be accompanied by legal counsel; providing certain persons with the right to appear; prohibiting calling certain persons to testify under certain circumstances; requiring the district attorney to present exculpatory evidence; and providing other matters properly relating thereto.
[Approved May 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 172 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
κ1985 Statutes of Nevada, Page 554 (CHAPTER 134, SB 103)κ
Sec. 2. 1. A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return may be accompanied by legal counsel during any appearance before the grand jury.
2. The legal counsel who accompanies a person pursuant to subsection 1 may advise his client but shall not:
(a) Address directly the members of the grand jury;
(b) Speak in such a manner as to be heard by the members of the grand jury; or
(c) In any other way participate in the proceedings of the grand jury.
3. The court or the foreman of the grand jury may have the legal counsel removed if he violates any of the provisions of subsection 2 or in any other way disrupts the proceedings of the grand jury.
4. The district attorney or the foreman of the grand jury shall give a person entitled to legal counsel notice of the provisions of this section at the time he is served with a subpena to appear before the grand jury. If such a person is invited without process to appear, the grand jury shall include with the invitation notice of the provisions of this section.
Sec. 3. A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return, but who has not been subpenaed to appear before the grand jury, may testify before the grand jury if he requests to do so and executes a valid waiver in writing of his constitutional privilege against self-incrimination.
Sec. 4. 1. If a person who has been subpenaed to appear before a grand jury informs the district attorney that he intends to refuse to testify and to assert his constitutional privilege against self-incrimination, the district attorney shall:
(a) Move for an order of immunity pursuant to NRS 178.572;
(b) Challenge the existence of a valid privilege by filing in any court of record a motion to compel the testimony of the person; or
(c) Withdraw the subpena.
2. All proceedings which are held on a motion filed pursuant to subsection 1 must be closed.
3. If the existence of the privilege is challenged, the court shall hear the evidence of both parties and determine whether or not a valid privilege exists and to which matters, if any, it extends.
4. The district attorney shall not call a person to testify before a grand jury regarding matters which have been so determined to be within his constitutional privilege against self-incrimination.
Sec. 5. NRS 172.095 is hereby amended to read as follows:
172.095 1. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court [must] shall give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. The court need not, however, charge them respecting the violation of any particular statute.
2. In its charge to the grand jury, the court shall inform them that the failure of a person to exercise his right to testify as provided in section 3 of this act must not be considered in their decision of whether or not to return an indictment.
κ1985 Statutes of Nevada, Page 555 (CHAPTER 134, SB 103)κ
the failure of a person to exercise his right to testify as provided in section 3 of this act must not be considered in their decision of whether or not to return an indictment.
Sec. 6. NRS 172.145 is hereby amended to read as follows:
172.145 1. The grand jury is not bound to hear evidence for the defendant. It is their duty, however, to weigh all evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they [must order such] shall order that evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.
2. If the district attorney is aware of any evidence which will explain away the charge, he shall submit it to the grand jury.
3. The grand jury may invite any person, without process, to appear before the grand jury to testify.
Sec. 7. NRS 172.235 is hereby amended to read as follows:
172.235 [The district attorney, the witness under examination, interpreters when needed, a stenographer for the purpose of taking the evidence, any person engaged by the grand jury pursuant to NRS 172.205, and any person requested by the grand jury to be present may be present while the grand jury is in session, but no]
1. Except as otherwise provided in subsection 2, the following persons may be present while the grand jury is in session:
(a) The district attorney;
(b) A witness who is testifying;
(c) An attorney who is accompanying a witness pursuant to section 2 of this act;
(d) Any interpreter who is needed;
(e) The certified shorthand reporter who is taking stenographic notes of the proceeding;
(f) Any person who is engaged by the grand jury pursuant to NRS 172.205; and
(g) Any other person requested by the grand jury to be present.
2. No person other than the jurors may be present while the grand jury is deliberating or voting.
________
Senate Bill No. 106Senators Wagner, Raggio and Wilson
CHAPTER 135
AN ACT relating to grand juries; permitting their impanelment for a limited purpose; providing for recesses; providing for judicial supervision of grand juries; and providing other matters properly relating thereto.
[Approved May 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 172 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1985 Statutes of Nevada, Page 556 (CHAPTER 135, SB 106)κ
Sec. 2. 1. The district judge impaneling a grand jury shall supervise its proceedings.
2. The grand jury shall submit an itemized list of its expenditures no less often than every 3 months or a fraction thereof to the judge who impaneled it.
3. The grand jury shall not spend money or incur a debt exceeding the amount of money budgeted for its use unless it first obtains the approval of the judge who impaneled it. The judge shall inform the board of county commissioners of any expenditure or indebtedness he so approves.
4. The county treasurer shall provide to the grand jury a monthly statement of its expenditures for the preceding month and the balance remaining of the money appropriated for its use.
Sec. 3. A district judge may impanel a grand jury to inquire into a specific limited matter among those set forth in NRS 172.175. In that case, the judge shall charge the grand jury as to its limited duties and give it such information as the judge deems necessary. A grand jury that is impaneled for a specific limited purpose shall not inquire into matters not related to that purpose. A grand jury impaneled for a specific limited purpose may be discharged after the grand jury completes its investigation and submits its report. If the grand jury has not completed its investigation and submitted its report within 1 year after it was impaneled, it shall, in a closed hearing, show cause to the judge why it should not be discharged. If the judge determines that it is in the public interest for the grand jury to continue its investigation, the grand jury may continue for a period which does not exceed 1 year.
Sec. 4. NRS 172.175 is hereby amended to read as follows:
172.175 1. [The grand jury must] Each grand jury that is not impaneled for a specific limited purpose shall inquire into:
(a) The case of every person imprisoned in the jail of the county, on a criminal charge, against whom an indictment has not been found or an information or complaint filed.
(b) The condition and management of [the public prisons] any public prison located within the county.
(c) The misconduct in office of public officers of every description within the county.
2. [The] A grand jury that is not impaneled for another specific limited purpose may inquire into and report on any and all matters affecting the morals, health and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district or town therein.
3. [No] A report issued pursuant to this section [shall] must not single out any person or persons [which] directly or by innuendo, imputation or otherwise [accuses such] or accuse the person or persons of a wrongdoing which if true would constitute an indictable offense unless the report is accompanied by a presentment or indictment of [such] the person or persons. At the time any grand jury is impaneled, the provisions of this subsection [shall] must be included in the charge to [such] the grand jury.
κ1985 Statutes of Nevada, Page 557 (CHAPTER 135, SB 106)κ
the provisions of this subsection [shall] must be included in the charge to [such] the grand jury.
Sec. 5. NRS 172.275 is hereby amended to read as follows:
172.275 1. A grand jury shall serve until discharged by the court and may be so discharged at any time after the expiration of 1 year. At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel an alternate grand juror in place of the juror excused.
2. Where the court is composed of more than one judge, any judge may discharge or excuse a juror; but if any other judge notifies the judge so acting, in writing within 24 hours after the action is taken, that he objects, [such action shall stand] the action stands rescinded and is not [become] effective unless [and until] the concurrence of a majority of the judges composing the court is obtained.
Sec. 6. NRS 6.145 is hereby amended to read as follows:
6.145 Upon the completion of its business for the time being, the court may , at the request of or with the concurrence of the grand jury, recess the grand jury subject to recall at such time [or times] as new business may require its attention.
________
Assembly Bill No. 234Assemblyman Dini
CHAPTER 136
AN ACT relating to the Comstock historic district; permitting a collection of wildlife to be maintained in a commercial establishment under certain circumstances; and providing other matters properly relating thereto.
[Approved May 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislature finds and declares that:
(a) The public has an interest in ensuring that the historic character of the buildings in the Comstock historic district is preserved.
(b) The topography of Virginia City and the abundance of historic structures located there which are crowded together preclude providing a separate entrance for a display of a collection of wild animals, birds and reptiles, other than through an existing commercial establishment.
(c) The public has an interest in ensuring that such a collection is available for public viewing without charge.
(d) Because of these special circumstances, a general law governing the means of access to displays of such a collection cannot be made applicable.
2. In order to preserve the historic structures located in the Comstock historic district, a collection of wild animals, wild birds and reptiles may be maintained as a part of or adjacent to an existing commercial establishment located in that district and may be entered through that establishment if the collection is made available to the public without charge.
κ1985 Statutes of Nevada, Page 558 (CHAPTER 136, AB 234)κ
that establishment if the collection is made available to the public without charge.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 326Committee on Elections
CHAPTER 137
AN ACT relating to elections; facilitating the use of a computer to register voters; and providing other matters properly relating thereto.
[Approved May 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
A county clerk may, with approval of the board of county commissioners, establish a system for using a computer to register voters and to keep records of registration. The county clerk may, for that purpose, issue to a voter a card, bearing the signature of the voter, attesting to his registration.
Sec. 2. NRS 293.235 is hereby amended to read as follows:
293.235 1. When it appears to the satisfaction of the county clerk that an absent ballot central counting board will expedite the work of tallying the absent ballot vote of the county, he may appoint such a board. In counties which use a computer to maintain records of registered voters, the county clerk shall appoint the board.
2. In counties where an absent ballot central counting board has been appointed, no central election board may be appointed. The absent ballot central counting board shall perform the duties of the central election board.
Sec. 3. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe [the] :
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.
2. He shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which [shall] must be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
κ1985 Statutes of Nevada, Page 559 (CHAPTER 137, AB 326)κ
the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
3. He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voters choice.
4. The explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of such township or district.
7. County clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
Sec. 4. NRS 293.255 is hereby amended to read as follows:
293.255 Each county clerk, as registrar of voters, or his authorized representative shall issue [certificates] a certificate of error to any registered [voters] voter whose [affidavits of registration have] affidavit of registration has been misplaced or for some other reason [do] does not appear or who is not listed in the election board register at the polling place on election day. The county clerk or his authorized representative shall seal the certificate in an envelope addressed to the appropriate precinct or district election board.
Sec. 5. NRS 293.277 is hereby amended to read as follows:
293.277 1. No person may vote at any election unless his name, on the day of election, appears on the election board register furnished by the county clerk to the precinct or district election board, or unless [such person] he presents a certificate of error issued by the county clerk.
2. If a persons name appears in the election board register or on a certificate of error, [such person] he is entitled to vote, and he shall sign his name in the precinct or district roster when he applies to vote. [Such] His signature [shall] must be compared by an election board officer with that on his original affidavit of registration [or] , the certificate of error [.] or one of the forms of identification listed in subsection 3.
3. The forms of identification which may be used individually to identify a voter at the polling place are:
(a) The card issued to the voter at the time of his registration;
(b) A drivers license;
(c) An identification card issued by the department of motor vehicles;
κ1985 Statutes of Nevada, Page 560 (CHAPTER 137, AB 326)κ
(d) A military identification card; and
(e) Any other form of identification which contains the voters signature and physical description or picture.
Sec. 6. NRS 293.283 is hereby amended to read as follows:
293.283 [Registered voters who are unable to sign their names shall] Any registered voter who is unable to sign his name must be identified by answering questions covering the personal data which is reported on the original affidavit of registration [.] or shown on the computer listing of the affidavit of registration. The officer in charge of the roster shall stamp, write or print Identified as to the left of the voters name.
Sec. 7. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, or on any other ground provided for in this Title.
2. If a person is challenged orally, the election board shall tender him the following oath or affirmation: Do you swear (or affirm) that you are the person whose name is [on the affidavit of registration] in this precinct register?
3. If [such a person] he refuses to take the oath so tendered, or if [any person] he is otherwise successfully challenged, [the person] he must not be issued a ballot, and the officer in charge of the election board register shall write the words Challenged ............................. [on the back of the persons affidavit of registration.] opposite his name in the election board register.
4. The election board officers shall record the success of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person that he was challenged successfully.
5. When a challenge is unsuccessful, the challenged person must be issued a ballot and allowed to vote. The election board officers shall record the unsuccessful challenge on the challenge list.
6. In all cases of challenge the decision rests with the election board by majority vote.
7. The election board officers may test the qualifications of the challenged person by asking any relevant question which [such officers] they consider necessary to arrive at a decision.
8. Answers must be given under oath and compared with the statements [on the questioned persons affidavit of registration.] in the election board register.
9. The election board officers may refuse to allow a challenged person to vote without further proceedings unless he:
(a) Brings registered voters of the county to be examined under oath as to [the qualifications of the challenged person;] his qualifications; and
κ1985 Statutes of Nevada, Page 561 (CHAPTER 137, AB 326)κ
(b) If a challenge to his residency is made, produces official identification as proof of his residence, such as his drivers license or other official document.
10. When [the affidavit of registration of] the entry in the election board register for a person applying to vote [has an affidavit of challenge attached,] contains a challenge, the officer in charge of the election board register shall cause the challenge to be executed before all the election board officers in the same manner as if the person were challenged orally at the polling place. After such execution, the election board shall [proceed to] decide the challenge in the manner provided in this section for oral challenges.
Sec. 8. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio deputy registrars [for the purpose of carrying] to carry out the provisions of this chapter.
2. The county clerk may appoint registered voters as deputy registrars, who shall register voters within the county for which they are appointed. Except as provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. Deputy registrars [so appointed] serve at the pleasure of the county clerk and shall perform their duties as the county clerk may direct.
3. Deputy registrars may demand of any person who applies for registration all information required by the affidavit of registration, and may administer all oaths required by this chapter.
4. When a deputy registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of [the forms] them for more than 10 days.
5. Immediately after the close of registration, each deputy registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election, a deputy registrar shall return all unused affidavits in his possession to the county clerk.
6. Deputy registrars shall submit to the county clerk an alphabetical list of names of electors registered by him, giving the serial number of the affidavit used for each named registrant.
7. Each deputy registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 9. NRS 293.507 is hereby amended to read as follows:
293.507 1. The secretary of state [may prescribe a] shall prescribe:
(a) A standard form for affidavits of registration [.] ; and
(b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.
κ1985 Statutes of Nevada, Page 562 (CHAPTER 137, AB 326)κ
2. County clerks shall provide original and duplicate forms for affidavits of registration to deputy registrars in the form and number prescribed by the secretary of state.
Sec. 10. NRS 293.510 is hereby amended to read as follows:
293.510 1. [The] In counties where computers are not used to register voters, the county clerk shall [segregate ] :
(a) Segregate original affidavits of registration according to the precinct in which the registered voters reside [, and shall] and arrange the affidavits in [such] each precinct or district in alphabetical order.
[2.] The affidavits for each precinct or district [shall] must be kept in a separate binder which [shall be] is marked with the number of the precinct or district. [Such binders shall constitute] This binder constitutes the election board register.
[3. The county clerk shall arrange]
(b) Arrange the duplicate affidavits of registration in alphabetical order for the entire county [, and they shall be kept] and keep them in binders or a suitable file which [shall constitute] constitutes the registrar of voters register.
2. In any county where a computer is used to register voters, the county clerk shall:
(a) Arrange the original affidavits of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters register.
(b) Segregate the affidavits of registration in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the affidavits of registration in alphabetical order. These listings of affidavits of registration must be placed in separate binders which are marked with the number of the precinct or district. These binders constitute the election board registers.
Sec. 11. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register by appearing before the county clerk or deputy registrar, completing the affidavit of registration, and giving true and satisfactory answers to all questions relevant to [such electors] his identity and right to vote. The county clerk may require a person to submit official identification as proof of residence [,] and identity, such as a drivers license or other official document, before registering him.
2. The affidavit of registration must be signed and verified by the elector registering.
3. Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.
4. Any elector who changes his name by marriage, or otherwise, is not eligible to vote unless he reregisters. If any [such] change of name occurs after the close of registration, the elector may vote at the ensuing election upon satisfactory proof of registration and subsequent change of name.
κ1985 Statutes of Nevada, Page 563 (CHAPTER 137, AB 326)κ
Sec. 12. NRS 293.547 is hereby amended to read as follows:
293.547 1. After the 30th day but not later than the seventh day [prior to] before any election, a written challenge may be filed with the county clerk. [Such challenge shall] The challenge must be signed and verified by a registered voter and name the person whose right to vote is challenged and the ground of the challenge.
2. The county clerk shall file the challenge in the registrar of voters register and :
(a) In counties where records of registration are not kept by computer, he shall attach a copy [thereof] of the challenge to the challenged registration in the election board register.
(b) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.
Sec. 13. NRS 293.563 is hereby amended to read as follows:
293.563 1. During the [time intervening] interval between the closing of registration and 5 days before the election, the county clerk shall :
(a) In counties where records of registration are not kept by computer, prepare for each precinct or district a binder or binders containing in alphabetical order the original affidavits of registration of the electors in the precinct or district . [, and such] The binder or binders [shall be] constitute the election board register.
(b) In counties where records of registration are kept by computer, have printed and placed in a binder or binders for each precinct or district a computer listing in alphabetical order of the affidavits of registration of the electors in the precinct or district. The binder or binders constitute the election board register.
2. Each election board register [shall] must be delivered or caused to be delivered by the county clerk to an election officer of the proper precinct or district [prior to] before the opening of the polls.
Sec. 14. NRS 293.570 is hereby amended to read as follows:
293.570 1. Unless otherwise provided for by special charter, registration of electors in incorporated cities [shall] must be accomplished in the manner provided in this chapter.
2. The county clerk shall prepare for the city clerk of each incorporated city within his county the [official register containing the original registration affidavits] election board register of all electors eligible to vote at a regular or special city election.
3. The official register [shall] must be prepared in suitable books, one for each ward or other voting district within each incorporated city . [, and the original registration affidavits shall] The entries in the election board register must be arranged alphabetically with the surnames first.
4. The county clerk shall keep duplicate originals or copies of the [registration] affidavits of registration contained in the official register in his office.
κ1985 Statutes of Nevada, Page 564 (CHAPTER 137, AB 326)κ
[registration] affidavits of registration contained in the official register in his office.
________
Senate Bill No. 209Committee on Government Affairs
CHAPTER 138
AN ACT relating to division of land; removing the requirement for submission of the final map to the planning commission; revising the requirements for survey monuments; and providing other matters properly relating thereto.
[Approved May 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.360 is hereby amended to read as follows:
278.360 1. Unless the time is extended, the subdivider shall present to the [planning commission] governing body a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved, or one of a series of final maps, each covering a portion of the approved tentative map, within 1 year or within successive 1-year periods after the date of approval of the tentative map by the governing body.
2. If the subdivider fails to record a final map for any portion of the tentative map within 1 year after the date of approval of the tentative map by the governing body, or within 1 year after the date of approval by the governing body of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
3. The governing body [or planning commission] may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting the entire final map or next successive final map has expired.
Sec. 2. NRS 278.371 is hereby amended to read as follows:
278.371 1. The survey, [monumentation] setting of monuments and final map [shall] must be made by a land surveyor registered in the State of Nevada.
2. The final monuments [shall] must be set [prior to] before the recordation of the final map unless the subdivider furnishes a performance bond or other suitable assurance to the governing body guaranteeing that the subdivider will provide [for the services of] a registered land surveyor to set the monuments on or before a day certain. The governing body shall determine the amount of the performance bond, if [required, shall be determined by the local governing body.] any is required. If a surveyor other than the one signing the final plat accepts responsibility for the setting of monuments, a certificate of amendment [shall] must be filed and recorded.
3. The final monument [shall,] must, except as provided in subsections [5 and 6, have] 6 and 7, consist of a nonferrous tablet, disc or cap securely attached to the top of a metallic shaft solidly [embodied] embedded in the ground, [having] with a minimum diameter of 5/8 of an inch and a length [of embedment] sufficient to resist removal, [with] and a mark for the exact point and stamped RLS followed by the surveyors registration number.
κ1985 Statutes of Nevada, Page 565 (CHAPTER 138, SB 209)κ
cap securely attached to the top of a metallic shaft solidly [embodied] embedded in the ground, [having] with a minimum diameter of 5/8 of an inch and a length [of embedment] sufficient to resist removal, [with] and a mark for the exact point and stamped RLS followed by the surveyors registration number. [The governing body may specify equal or greater standards for final monuments which shall be placed at:
(a) A subdivision boundary corner]
4. Final monuments must be set at:
(a) Each corner of the boundary of the subdivision and at any point necessary to [insure] ensure that each monument on a given boundary can been seen from the next monument on that boundary.
(b) [On intersections of street centerlines.
(c) A street centerline at an angle point, cul-de-sac radius point or a point which defines a curve (beginning of a curve, end of a curve or a point of tangent intersection), and at any subdivision boundary or an appropriate offset.] Intersections of centerlines of streets.
(c) Sufficient locations along the centerlines of streets so that the centerlines may be retraced. These locations may be at, or on an offset to, an angle to the centerline of a street, the center of a cul-de-sac, a point which defines a curve (the beginning or end of a curve or a point of intersection of a tangent) or an intersection with a boundary of the subdivision.
(d) A position for a corner of the system of rectangular surveys directly relevant to property lines and corners of the subdivision.
[4.]
The governing body shall, by ordinance, adopt any additional standards for the setting of final monuments which are reasonably necessary.
5. A final monument required in subsection [3] 4 which falls in a paved area [shall be set in:
(a) A survey monument] must:
(a) Consist of a well with [cover lid and placed with] lid placed so that the top of the [monument] tablet, disc or cap [being] of the monument is not less than 4 inches below the surface of the pavement [surface; or
(b) A comparable permanent monument] ; or
(b) Be of comparable construction as required by the governing body.
The monument must be set flush with the top of the pavement with such references as are required by the governing body.
[5.] 6. If a point designated in subsection [3] 4 falls on solid bedrock or on a concrete or stone roadway, curb, gutter [,] or walk, a durable nonferrous metal tablet, disc or cap [shall] must be securely anchored in the rock or concrete and marked as required in subsection 3.
[6.] 7. If a monument required by subsection 3 cannot be set because of steep terrain, water, marsh or existing structures, or if it would be [lost] obliterated as a result of proposed construction, one or more reference monuments [shall] must be set. In addition to the physical requirements for a monument set forth in subsections 3 [, 4 and 5,] to 6, inclusive, the letters RM and WC [shall] must be stamped in the tablet, disc or cap.
κ1985 Statutes of Nevada, Page 566 (CHAPTER 138, SB 209)κ
to 6, inclusive, the letters RM and WC [shall] must be stamped in the tablet, disc or cap. If only one reference monument is used, it [shall] must be set on the actual line or a prolongation thereof. Otherwise, at least two reference monuments [shall] must be set. These monuments shall be deemed final monuments.
[7. A lot corner shall]
8. A corner of a lot must be set by the land surveyor in the manner approved by the governing body.
Sec. 3. NRS 278.378 is hereby amended to read as follows:
278.378 1. A final map presented to the county recorder for filing [shall] must include a certificate by the clerk of the governing body stating that the body approved the map and accepted or rejected on behalf of the public any parcel of land offered for dedication for public use in conformity with the terms of the offer of dedication.
2. The [chairman of the planning commission, the] director of planning [on behalf of the planning commission] or, if [no planning commission exists,] there is no director of planning, the clerk of the governing body shall certify on the final map that it substantially complies with the tentative map and all conditions have been met.
3. The clerk of the governing body shall cause the approved final map to be presented to the county recorder for filing.
Sec. 4. NRS 278.380 is hereby amended to read as follows:
278.380 1. Upon receipt of the final map , [and report of the planning commission,] the governing body shall , at its next meeting, or within a period of not more than 10 days after [such filing,] the map is filed with the governing body, approve the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the final map, or any rulings made thereunder.
2. The governing body shall at that time also accept or reject any or all offers of dedication and may, as a condition precedent to the acceptance of any streets or easements, require that the subdivider improve or agree to improve the streets or easements.
3. If an agreement for a required improvement is entered into, the governing body may require that the agreement be secured by a good and sufficient bond or other security in the amount determined by the governing body.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 567κ
Assembly Bill No. 193Committee on Economic Development and Tourism
CHAPTER 139
AN ACT relating to the commission on tourism; reducing the required frequency of its meetings; authorizing special meetings at the call of a majority of the commission; and providing other matters properly relating thereto.
[Approved May 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.180 is hereby amended to read as follows:
231.180 1. The commission on tourism shall meet [monthly,] once every 60 days, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the chairman [.] or a majority of the members.
2. The executive director is the secretary of the commission.
3. The commission shall prescribe rules for its own management and government.
4. Four members of the commission constitute a quorum, but a majority of the members of the commission are required to exercise the power conferred on the commission.
5. The governor may remove a member from the commission if the member neglects his duty or commits malfeasance in office.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 178Senator Glover
CHAPTER 140
AN ACT making an appropriation to the secretary of state for the employment of private auditors to review and analyze the financial status of dealers of bullion who propose to do business in this state and for the payment of any resulting legal expenses; and providing other matters properly relating thereto.
[Approved May 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the secretary of state the sum of $15,000 for the employment of private auditors to review and analyze the financial status of dealers of bullion who propose to do business in this state and for the payment of any court costs or legal expenses which result from the auditors report.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1985 Statutes of Nevada, Page 568 (CHAPTER 140, SB 178)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 288Committee on Ways and Means
CHAPTER 141
AN ACT making an appropriation to the department of human resources for audits; and providing other matters properly relating thereto.
[Approved May 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of human resources the sum of $100,000 for the payment of expenses relating to audits of the department by the legislative counsel bureau.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 307Committee on Elections
CHAPTER 142
AN ACT relating to political parties; permitting change in the composition of a county central committee after its selection; and providing other matters properly relating thereto.
[Approved May 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.143 is hereby amended to read as follows:
293.143 1. The county central committee of a political party to be elected by the county convention of the party must consist of such a number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, is entitled to have at least one committeeman [,] and no precinct may have more committeemen than its authorized number of delegates to the county convention.
2. After the county convention of the party, the composition of the county central committee may be changed by the county central committee to reflect changes in the organization of precincts and in the number of registered voters of the party, using the same standards adopted by the party to elect delegates to the county convention.
κ1985 Statutes of Nevada, Page 569 (CHAPTER 142, AB 307)κ
of registered voters of the party, using the same standards adopted by the party to elect delegates to the county convention.
________
Assembly Bill No. 425Assemblymen Dini and Bilyeu
CHAPTER 143
AN ACT relating to auditing of federal subsidies; authorizing a biennial audit of these subsidies; and providing other matters properly relating thereto.
[Approved May 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
An audit of all federal money received by this state must be conducted at least biennially in accordance with the provisions of NRS 218.891, 218.892 and 218.893, and Public Law 98-502 and any regulations adopted thereunder.
________
Senate Bill No. 182Committee on Transportation
CHAPTER 144
AN ACT relating to drivers licenses; revising the requirement for testing eyesight; authorizing the department of motor vehicles to waive the required test of driving skills under certain circumstances; and providing other matters properly relating thereto.
[Approved May 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.384 is hereby amended to read as follows:
483.384 1. Except as provided in this subsection, each applicant for a renewal license shall appear before an examiner for a drivers license and successfully pass a test of his eyesight. [The department] If the department determines, upon good cause shown, that a person is unable to appear in person, it may accept, in lieu of an eye test, a report from an ophthalmologist, optometrist or agency of another state which has duties comparable to those of the department if the reported test was performed within 90 days before the application for renewal.
2. If the administrator or his authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330. The age of a licensee, by itself, does not constitute grounds for requiring an examination of driving qualifications.
κ1985 Statutes of Nevada, Page 570 (CHAPTER 144, SB 182)κ
Sec. 2. NRS 483.480 is hereby amended to read as follows:
483.480 1. The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may upon written notice of at least 5 days to the licensee require him to submit to an examination. Upon the conclusion of such examination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under NRS 483.360 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination [shall be ground] is grounds for suspension or revocation of his license.
2. [The] Except as otherwise provided in subsection 3, the department shall require that a licensee submit to the examination provided in NRS 483.330 as a condition [to] of reinstatement [,] or reissuance, after any suspension or revocation of his license.
3. The department may waive the portion of the examination required by subsection 2 which consists of an actual demonstration of ability to exercise control in the operation of a motor vehicle if the suspension or revocation was for other than the poor performance of the driver.
________
Senate Bill No. 167Committee on Transportation
CHAPTER 145
AN ACT relating to motor vehicles; revising the procedure for the examination of an applicant for a drivers license; requiring a surety bond for the licensure of a school for training drivers; and providing other matters properly relating thereto.
[Approved May 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.330 is hereby amended to read as follows:
483.330 1. The department shall examine every applicant for a drivers license. [Such examination may be held in the county where the applicant resides within 30 days from the date application is made. It shall include a test of the applicants eyesight, his ability to read and understand official traffic control devices, his knowledge of safe driving practices and the traffic laws of this state, and, except as provided in subsection 3, shall include] The examination must include:
(a) A test of the applicants ability to read and understand official devices used to control traffic;
(b) A test of his knowledge of practices for safe driving and the traffic laws of this state;
κ1985 Statutes of Nevada, Page 571 (CHAPTER 145, SB 167)κ
(c) Except as otherwise provided in subsection 2, a test of his eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed.
The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to drive a motor vehicle safely upon the highways.
2. [Notwithstanding the provisions of subsection 1, the] The department may provide by regulation for the acceptance of a report from an ophthalmologist, oculist or optometrist in lieu of an eye test by a drivers license examiner.
3. If the department establishes a type or classification of drivers license to operate a motor vehicle of a type which is not normally available for the purpose of examining an applicants ability to exercise ordinary and reasonable control of such a vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a past, present or prospective employer of [such an applicant, or an approved driver training school,] the applicant in lieu of [such] an actual demonstration.
Sec. 2. NRS 483.710 is hereby amended to read as follows:
483.710 An applicant for a license to operate a [driver training school shall:] school for training drivers must:
1. Be of good moral character.
2. Maintain an established place of business open to the public which is not within 200 feet of any building used by the department of motor vehicles as an office.
3. Have the equipment necessary to give proper instruction in the operation of motor vehicles.
4. Be 21 years of age or older.
5. Hold a valid driving instructors certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned [driver training schools.] schools for training drivers.
6. File with the department a surety bond in the amount of $10,000 to the department, executed by the applicant as principal with a corporation authorized to transact surety business in this state as surety. The bond must be continuous in form and conditioned that the operator conduct the business of the school as an instructional institution without fraud or fraudulent representation. Upon application by an operator, the department may reduce the amount of the bond required to an amount not less than $5,000 if the operator has satisfactorily conducted his school for the 5 years immediately preceding the application for reduction.
κ1985 Statutes of Nevada, Page 572 (CHAPTER 145, SB 167)κ
his school for the 5 years immediately preceding the application for reduction.
________
Senate Bill No. 161Committee on Finance
CHAPTER 146
AN ACT making an appropriation to the Colorado River commission to pay for costs of negotiation and possible litigation; and providing other matters properly relating thereto.
[Approved May 3, 1985]
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 Colorado River commission the sum of $100,000 to pay for costs related to negotiations and possible litigation involving the reallocation of electrical power from Hover Dam.
Sec. 2. If additional electrical power is allocated to this state, the director of the Colorado River commission shall, in any agreement for the sale or other disposal of that power, include a surcharge sufficient to recover, during the term of the agreement and without interest, all money expended from the appropriation made by section 1 of this act. This surcharge, as collected, must be paid into the state general fund.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 108Senators Wagner, Raggio and Wilson
CHAPTER 147
AN ACT relating to grand juries; requiring witnesses subpenaed to appear before a grand jury to be notified of the general subject of the inquiry; prohibiting the dismissal of an indictment under certain circumstances; and providing other matters properly relating thereto.
[Approved May 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 172 of NRS is hereby amended by adding thereto a new section to read as follows:
A presentment or indictment may not be dismissed on the ground that the specific subject of the inquiry was not disclosed to the defendant pursuant to NRS 172.195 or subsection 3 of NRS 174.315.
κ1985 Statutes of Nevada, Page 573 (CHAPTER 147, SB 108)κ
Sec. 2. NRS 172.195 is hereby amended to read as follows:
172.195 1. The grand jury may issue subpenas, subscribed by the foreman or by the deputy or temporary foreman when acting for him, for witnesses within the state and for the production of books, papers or documents.
2. The grand jury shall orally inform any witness so subpenaed of the general nature of the grand jurys inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
Sec. 3. NRS 174.315 is hereby amended to read as follows:
174.315 1. The district attorney may issue subpenas subscribed by him for:
(a) Witnesses within the state, in support of the prosecution or whom the grand jury may direct to appear before it, upon any investigation pending before the grand jury.
(b) Witnesses within the state, in support of an indictment, information or criminal complaint, to appear before the court at which it is to be tried.
(c) Witnesses already subpenaed who are required to reappear in any justices court at any time the court is to reconvene in the same case within 60 days, and [such] the time may be extended beyond 60 days upon good cause being shown for its extension.
2. Witnesses, whether within or without the state, may accept delivery of a subpena in lieu of service, by a written promise to appear signed by the witness.
3. The district attorney shall orally inform any witness subpenaed as provided in paragraph (a) of subsection 1 of the general nature of the grand jurys inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
________
Assembly Bill No. 395Committee on Judiciary
CHAPTER 148
AN ACT relating to mechanics liens; providing a lien on land for landscaping or the installation of a system of irrigation; and providing other matters properly relating thereto.
[Approved May 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.223 is hereby amended to read as follows:
108.223 Any person who, at the request of the owner of any [lot in any incorporated city or town,] lot or tract of land, or his agent, grades, fills in , installs a system for irrigation, seeds, plants, lays sod, landscapes or otherwise improves [such lot,] the lot or tract of land, or the street in front of or adjoining [such lot,] it, has a lien upon [such lot for his] it for the work done and materials furnished.
κ1985 Statutes of Nevada, Page 574 (CHAPTER 148, AB 395)κ
the street in front of or adjoining [such lot,] it, has a lien upon [such lot for his] it for the work done and materials furnished.
________
Assembly Bill No. 112Committee on Labor and Management
CHAPTER 149
AN ACT relating to industrial insurance; prohibiting a provider of health care from charging an injured employee who is referred to him for related treatment; changing the method by which fees and charges for accident benefits are established; and providing other matters properly relating thereto.
[Approved May 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.354 is hereby amended to read as follows:
616.354 1. No provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may charge the patient for [the approved treatment,] any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any other unrelated services which are requested in writing by the patient.
2. The insurer is liable for all charges for approved services if the charges do not exceed:
(a) The fees established in accordance with NRS 616.412 or the usual fee charged by that person or institution, whichever is less; and
(b) The charges provided for by the contract between the provider of health care and the insurer.
3. If a provider of health care or an insurer violates the provisions of this section, the administrator may impose an administrative fine not to exceed $250 for each violation.
Sec. 2. NRS 616.412 is hereby amended to read as follows:
616.412 1. All fees and charges for accident benefits are subject to regulation by the department and must not:
(a) Exceed such fees and charges as prevail in the same community for similar treatment of injured persons . [of like standard of living.]
(b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.
2. [Any fee schedule adopted pursuant to this section must not establish maximum fees and charges which are less than the statistical mode] If the department adopts a schedule of allowable fees and charges, each must be set at the median in a statistical sample of the fees and charges billed in the same community for similar treatment of any injured persons in similar facilities. The schedule must be revised at least annually.
κ1985 Statutes of Nevada, Page 575 (CHAPTER 149, AB 112)κ
3. The department may adopt reasonable regulations necessary to carry out the provisions of this section.
4. For the purposes of this section:
(a) Clark County comprises one community;
(b) Washoe and Douglas counties and Carson City comprise one community; and
(c) Together, the remaining counties in the state comprise one community.
________
Assembly Bill No. 152Committee on Labor and Management
CHAPTER 150
AN ACT relating to industrial insurance; extending coverage to persons in certain training programs and certain employees of the University of Nevada; making various changes in the administration of the system; and providing other matters properly relating thereto.
[Approved May 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who participates in a training program approved pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive, is entitled to the benefits of this chapter and, except as provided in subsection 2, shall be deemed an employee of the person receiving the grant to conduct the program, at a wage:
(a) Of $150 per month if he is receiving formal instruction in a classroom;
(b) Equal to his actual remuneration if he is being trained under actual working conditions and he is paid a wage by the recipient of the grant; or
(c) Of $150 per month or his actual remuneration, whichever is greater, if he is being so trained and instructed and receiving a wage from the recipient of the grant.
2. Any person who participates in a training program approved pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive, where he is trained on the job and is paid a wage directly by the employer shall be deemed an employee of that employer and is entitled to the benefits of this chapter.
Sec. 2. NRS 616.067 is hereby amended to read as follows:
616.067 Persons who perform volunteer work in any formal program which is being conducted:
1. Within a state or local public organization;
2. By a federally assisted organization; or
κ1985 Statutes of Nevada, Page 576 (CHAPTER 150, AB 152)κ
3. By a private, incorporated, nonprofit organization which provides services to the general community,
and who are not specifically covered by any other provisions of this chapter, while engaged in such volunteer work, may be deemed by the [department,] system, or by a self-insured employer, for purposes of this chapter, as employees of [such organizations] that organization at a wage of $100 per month and are entitled to the benefits of this chapter when [such organizations approve] the organization approves coverage and [comply] complies with the provisions of this chapter and [implementing regulations thereunder.] regulations adopted pursuant to it.
Sec. 3. NRS 616.068 is hereby amended to read as follows:
616.068 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] that volunteer work, may be deemed by the [department,] system, or by a self-insured employer, 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.
Sec. 4. NRS 616.079 is hereby amended to read as follows:
616.079 1. Members of state, county and local departments, boards, commissions, agencies or bureaus, whether elected or appointed , [as such members,] who serve without compensation or who receive less than $250 per month compensation, [and] the members of the state board of education , adjunct professors of the University of Nevada and the members of the board of regents of the University of Nevada, while engaged in their designated [duty as such members,] duties shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated [duty, shall be] duties are entitled to the benefits of this chapter.
2. For the fiscal year commencing July 1, 1961, and for each fiscal year thereafter, each such state, county and local department, board, commission, agency or bureau and the state department of education and the board of regents of the University of Nevada shall budget for [such premiums] the premiums required by this chapter in the same manner as for other expenditures [are budgeted for,] and shall pay [such] those premiums out of [moneys] money appropriated therefor in the manner provided in NRS 616.405 to the extent that [such] those provisions are applicable.
Sec. 5. NRS 616.082 is hereby amended to read as follows:
616.082 Any person:
1. Less than 18 years of age who is subject to the jurisdiction of the juvenile division of the district court and who has been ordered by the court to [do work for a county, upon compliance by the county;] work for a community, upon compliance by the supervising authority; or
κ1985 Statutes of Nevada, Page 577 (CHAPTER 150, AB 152)κ
court to [do work for a county, upon compliance by the county;] work for a community, upon compliance by the supervising authority; or
2. Eighteen years of age or older who has been ordered by any court to perform work for a community pursuant to NRS 176.087, upon compliance by the convicted person or the supervising authority,
while engaged in [such work and while so acting in pursuance of the courts order,] that work, shall be deemed, for the purpose of this chapter, an employee of the [county] supervising authority at a wage of $50 per month, and is entitled to the benefits of this chapter.
________
Assembly Bill No. 359Committee on Commerce
CHAPTER 151
AN ACT relating to insurance; eliminating the requirement that an insurer notify the insured of the availability of a plan for sharing risks when the insurer gives notice of a cancellation based on the insureds failure to pay the premium; and providing other matters properly relating thereto.
[Approved May 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687B.370 is hereby amended to read as follows:
687B.370 [No notice under] Except for a notice of cancellation for the failure to pay a premium when due, no notice required pursuant to NRS 687B.310 to 687B.390, inclusive, [shall be] is effective unless it contains adequate instructions enabling the policyholder to apply for insurance through any voluntary or mandatory risk-sharing plan [under] established pursuant to NRS 686B.180 and 686B.200 existing at the time of the notice, for which the policyholder may be eligible.
________
Assembly Bill No. 127Committee on Labor and Management
CHAPTER 152
AN ACT relating to labor; adding definitions; providing increased penalties and remedies against employers; and providing other matters properly relating thereto.
[Approved May 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto the provisions of sections 2 to 9, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 608.010 and sections 3 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
κ1985 Statutes of Nevada, Page 578 (CHAPTER 152, AB 127)κ
8, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Employer includes every person having control or custody of any employment, place of employment or any employee.
Sec. 4. Private employment means all employment other than employment under the direction, management, supervision and control of this state or any county, city or town therein, or any office or department thereof.
Sec. 5. Professional means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS.
Sec. 6. Wages means:
1. The amount which an employer agrees to pay an employee for the time the employee has worked, computed in proportion to time; and
2. Commissions owed the employee,
but excludes any bonus or arrangement to share profits.
Sec. 7. Week of work means 7 consecutive periods of 24 hours which may begin on any day and at any hour of the day.
Sec. 8. Workday means a period of 24 consecutive hours which begins when the employee begins work.
Sec. 9. An employer shall pay to the employee wages for each hour the employee works. An employer shall not require an employee to work without wages during a trial or break-in period.
Sec. 10. NRS 608.010 is hereby amended to read as follows:
608.010 [As used in this chapter, unless the context requires otherwise:
1.] Employee includes both male and female persons.
[2. Employer includes every person, firm, corporation, partnership, stock association, agent, manager, representative or other person having control or custody of any employment, place of employment or any employee.
3. Private employment means all employment other than employment under the direction, management, supervision and control of this state or any county, city or town therein, or any office or department thereof.
4. Professional means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS.]
Sec. 11. NRS 608.018 is hereby amended to read as follows:
608.018 1. Except as provided in subsection 2, an employer shall pay [time] one and one-half [of] times an employees regular wage rate whenever an employee works:
(a) More than 40 hours in any scheduled [workweek;] week of work; or
(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled [workweek.]
κ1985 Statutes of Nevada, Page 579 (CHAPTER 152, AB 127)κ
the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled [workweek.] week of work.
2. The provisions of subsection 1 do not apply to:
(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;
(b) Employees who receive compensation for employment at a rate not less than one and one-half times the minimum rate prescribed pursuant to NRS 608.250;
(c) Outside buyers;
(d) [Retail commission salespersons] Salesmen earning commissions in a retail business if their regular rate is more than one and one-half times the minimum wage, and more than one-half their compensation comes from commissions;
(e) Employees who are employed in bona fide executive, administrative or professional capacities;
(f) Employees covered by collective bargaining agreements which provide otherwise for overtime;
(g) Drivers, drivers helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
(h) [Railroad employees;
(i) Air carrier employees;] Employees of a railroad;
(i) Employees of a carrier by air;
(j) Drivers or drivers helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
(k) [Taxicab and limousine drivers;] Drivers of taxicabs or limousines;
(l) Agricultural employees;
(m) Employees of business enterprises having a gross sales volume of [:
(1) Less than $500,000 per year for calendar year 1975 or 1976.
(2) Less] less than $250,000 per year , [for calendar year 1977 and thereafter;] and
(n) Any salesman [, parts man] or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.
Sec. 12. NRS 608.115 is hereby amended to read as follows:
608.115 1. Every employer shall establish and maintain records of wages for the benefit of his employees, showing for each pay period the following information for each employee:
(a) Gross wage or salary other than compensation in the form of:
(1) Services; or
(2) Food, housing or clothing.
(b) Deductions.
(c) Net cash wage or salary.
(d) Total hours employed in the pay period by noting the number of hours per day.
(e) Date of payment.
2. The information required by this section must be furnished to each employee within 10 days after he submits his request.
κ1985 Statutes of Nevada, Page 580 (CHAPTER 152, AB 127)κ
3. Records of wages must be maintained for a 2-year period following the entry of information in the record.
[4. Any employer who knowingly and willfully fails to furnish the wage information required by this section shall be punished by a fine of not more than $250.]
Sec. 13. NRS 608.130 is hereby amended to read as follows:
608.130 1. [No person or corporation] A person engaged in any business or enterprise of any kind in this state shall not issue, in payment of, or as evidence of, any indebtedness for wages due an employee, any order, check, memorandum or other acknowledgment of indebtedness unless [the same] it is a negotiable instrument payable without discount, in cash on demand, at some bank or other established place of business [; but nothing contained in] but this subsection [shall in any way] does not limit or interfere with the right of any employee, by agreement, to accept from any such person , [or corporation,] as an evidence or acknowledgment of indebtedness for wages due him, a negotiable instrument payable at some future date with interest.
2. In the event of nonpayment when due of any negotiable instrument issued in payment of wages, the holder in due course of the instrument [shall succeed to and shall have] succeeds and has the same rights, priorities and preferences with respect to payment thereof, and [shall stand] stands in the same position, as the payee of the instrument [had] with respect to a claim for wages unpaid when due, [and] in addition to any other remedy available to the holder in due course provided by law.
3. [Any violation of the provisions of subsection 1 shall be punishable by a fine of not more than $500.] An employer who knowingly issues to an employee a negotiable instrument in payment of wages for which there is insufficient money, property or credit with the drawee of the instrument to pay it in full upon presentation shall reimburse the employee for any penalty or charge incurred by him arising from his reliance on the validity of the instrument.
Sec. 14. NRS 608.150 is hereby amended to read as follows:
608.150 1. Every original contractor making or taking any contract in this state for the erection, construction, alteration or repair of any building or structure, or other work, shall assume and [be held] is liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapter 616 of NRS.
2. It [shall be] is unlawful for any contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.
3. [Every person violating any of the provisions of this section shall be punished by a fine of not more than $250 for each act. In addition thereto, the] The district attorney of any county wherein the defendant may reside or be found shall institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of all wages and damage that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, [shall be] is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.
κ1985 Statutes of Nevada, Page 581 (CHAPTER 152, AB 127)κ
thereto, the] The district attorney of any county wherein the defendant may reside or be found shall institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of all wages and damage that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, [shall be] is subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.
Sec. 15. NRS 608.190 is hereby amended to read as follows:
608.190 [1.] A person [, firm, association or corporation, or agent, manager, superintendent or officer thereof] shall not willfully refuse or neglect to pay the wages due and payable when demanded as provided in this chapter, nor falsely deny the amount or validity thereof or that the amount is due with intent to secure for himself, his employer or any other person any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due.
[2. Any employer who fails or refuses to pay any of the wages or compensation of an employee, in whole or in part, as provided in this chapter shall also forfeit to the State of Nevada a sum not more than $300, in the discretion of the court trying the same, to be recovered from the employer in a civil action prosecuted in the proper court by the district attorney of the county at the instance of the labor commissioner.
3. The property of the defendant shall be subject to attachment to secure, and execution to satisfy, any judgment that may be rendered under the provisions of this section, the same as in other civil actions.]
Sec. 16. NRS 608.195 is hereby amended to read as follows:
608.195 Every person [, firm, association or corporation, or any agent, servant, employee or officer of any such firm, association or corporation] violating any of the provisions of NRS 608.005 to [608.180,] 608.190, inclusive, is guilty of a misdemeanor.
________
Assembly Bill No. 155Committee on Commerce
CHAPTER 153
AN ACT relating to industrial insurance; making various administrative changes regarding the regulation of self-insured employers; requiring notice to commissioner of any change in the ownership or control of a self-insured employer; authorizing the imposition of an administrative fine for failure to pay a claim; defining insolvency for employers; and providing other matters properly relating thereto.
[Approved May 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
κ1985 Statutes of Nevada, Page 582 (CHAPTER 153, AB 155)κ
Sec. 2. A self-insured employer shall notify the commissioner not less than 60 days before any change in ownership or control of the employer. The certification of the self-insured employer terminates automatically on the date of the change unless the commissioner extends the certification. The commission, upon request, may declare as confidential any documents which are submitted in support of a request for such an extension.
Sec. 3. The commissioner may impose an administrative fine, not to exceed $5,000, if an employer whose certification as a self-insured employer has terminated fails to pay compensation under this chapter or chapter 617 of NRS after an order for payment of any claim becomes final.
Sec. 4. For the purposes of NRS 616.292 and 616.294, an employer is insolvent if his assets are less than his liabilities.
Sec. 5. NRS 616.291 is hereby amended to read as follows:
616.291 1. An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.
2. A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner money, corporate or governmental securities or a surety bond written by any company admitted to transact surety business in this state, or any combination of money, securities or a bond. The first deposit must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employers expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective loss and expense experience of the employer within this state, to catastrophe hazards and contingencies and to trends within the state. In arriving at the amount of the deposit required, the commissioner may consider the nature of the employers business, the financial ability of the employer to pay compensation and his probable continuity of operation. The deposit must be held by the commissioner to secure the payment of compensation for injuries and occupational diseases to employees. The deposit may be increased or decreased by the commissioner in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the commissioner requires an employer to increase his deposit, the commissioner may specify the form of the additional security. The employer shall comply with such a requirement within 30 days after receiving notice from the commissioner.
3. The commissioner [may allow or] shall require the self-insured employer to submit evidence of excess insurance [or reinsurance] to provide protection against a catastrophic loss. The excess insurance [or reinsurance] must be written by an insurer authorized to do business in this state.
κ1985 Statutes of Nevada, Page 583 (CHAPTER 153, AB 155)κ
this state. The commissioner shall consider [any] the excess insurance [or reinsurance] coverage as a basis for a reduction in the deposit required of an employer.
Sec. 6. NRS 616.292 is hereby amended to read as follows:
616.292 1. If a self-insured employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation under this chapter or chapter 617 of NRS after an order for payment of any claim becomes final, the commissioner [of insurance] may, after giving at least 10 days notice to the employer and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited or filed with the commissioner to the extent necessary to make such payments. Until the commissioner [of insurance] gives a 10-day notice pursuant to this subsection, the employer is entitled to all interest and dividends on bonds or securities on deposit and to exercise all voting rights, stock options and other similar incidents of ownership thereof. The commissioner [of insurance] may assess all self-insurers to provide for claims against any insolvent self-insured employer.
2. A company providing a surety bond under NRS 616.291 may terminate liability on its surety bond by giving the commissioner [of insurance] and the employer [30] 90 days written notice. Such termination does not limit liability which was incurred under the surety bond [prior to] before the termination. If the employer fails to requalify as a self-insured employer on or before the termination date, the employers certification is withdrawn when the termination becomes effective.
Sec. 7. NRS 616.293 is hereby amended to read as follows:
616.293 1. Upon determining that an employer is qualified as a self-insured employer, the commissioner shall issue a certificate to that effect to the employer and the administrator.
2. [Certificates] Except as provided in section 2 of this act, certificates issued under this section remain in effect until withdrawn by the commissioner or canceled by the employer. Coverage for employers qualifying under NRS 616.272 becomes effective on the date of certification or the date specified in the certificate.
Sec. 8. NRS 616.294 is hereby amended to read as follows:
616.294 1. The commissioner may impose an administrative fine, not to exceed $500 for each violation, and may withdraw the certification of a self-insured employer if:
(a) The deposit required pursuant to NRS 616.291 is not sufficient and the employer fails to increase the deposit [within 45 days] after he has been ordered to do so by the commissioner;
(b) The self-insured employer fails to provide evidence of excess insurance [or reinsurance] pursuant to NRS 616.291 within 45 days after he has been so ordered;
(c) The employer intentionally fails to comply with regulations of the commissioner [of insurance] regarding reports or other requirements necessary to carry out the purposes of this chapter; or
κ1985 Statutes of Nevada, Page 584 (CHAPTER 153, AB 155)κ
commissioner [of insurance] regarding reports or other requirements necessary to carry out the purposes of this chapter; or
(d) The employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final.
2. Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616.305.
Sec. 9. NRS 616.425 is hereby amended to read as follows:
616.425 1. Except as provided in subsection 4, all premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the system pursuant to the terms of this chapter [must:
(a) Be] :
(a) Must be credited on the records of the system to the state insurance fund.
(b) Constitute, for the purpose of custody thereof, the state insurance fund, which must be held by the manager as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter. The manager is liable on his official bond for the faithful performance of his custodial duty.
2. The manager shall deliver from the state insurance fund to the custody of the state treasurer such money as is deemed by the system necessary to maintain an adequate balance in the state insurance fund deposit account, which is hereby created for the transaction of the ordinary business and functions of the system, including compensation.
3. The commissioner or the administrator may delegate to a hearing officer or panel his authority to take any disciplinary action pursuant to NRS 616.294 or 616.647, [respectively,] or section 3 of this act, impose and collect administrative fines therefor and deposit the money therefrom in the state insurance fund.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the commissioner or the administrator deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, he may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
________
κ1985 Statutes of Nevada, Page 585κ
Assembly Bill No. 461Assemblyman Stone (by request)
CHAPTER 154
AN ACT relating to architecture; allowing an architect to practice with a landscape architect in a corporation, partnership or other association; and providing other matters properly relating thereto.
[Approved May 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 623.350 is hereby amended to read as follows:
623.350 1. Nothing in this chapter prevents firms, partnerships, corporations or associations of architects , [and] engineers and landscape architects, or any combination thereof, from practicing as such, if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered under the applicable provisions of this chapter , chapter 623A or chapter 625 of NRS.
2. Every office or place of business of any firm, partnership, corporation or association engaged in the practice of architecture must have an architect holding a certificate of registration issued under this chapter in residence and directly responsible for the administration of the architectural work conducted in the office or place of business.
3. The provisions of subsection 2 do not apply to firms, partnerships, corporations or associations engaged in the practice of architecture at offices established for construction administration.
Sec. 2. NRS 89.050 is hereby amended to read as follows:
89.050 1. Except as provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.
2. A professional corporation may be organized [for the purpose of rendering] to render professional service relating to architecture [and engineering,] , engineering and landscape architecture, or any combination thereof, and may be composed of persons [, partnerships, firms or associations] engaged in the practice of architecture as provided in chapter 623 of NRS, persons, engaged in the practice of landscape architecture as provided in chapter 623A of NRS and persons [, partnerships, firms or associations] engaged in the practice of professional engineering as provided in chapter 625 of NRS.
3. A professional corporation may render professional service only through its officers and employees, all of whom [shall be duly] must be authorized to render [such] that professional service.
κ1985 Statutes of Nevada, Page 586 (CHAPTER 154, AB 461)κ
through its officers and employees, all of whom [shall be duly] must be authorized to render [such] that professional service.
________
Assembly Bill No. 166Assemblymen DuBois, Ham, Thompson, Beyer, Joerg, Stone, Collins, Malone, Marvel, Sedway, Coffin, Little, Swain, Fairchild, Rader and Horne
CHAPTER 155
AN ACT relating to children; establishing a right for grandparents and others to visit a child after the separation of his parents or upon the relinquishment or termination of parental rights; and providing other matters properly relating thereto.
[Approved May 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 123.123 is hereby amended to read as follows:
123.123 1. If a parent of an unmarried minor child is deceased or divorced or separated from the parent who has custody of the child, or his parental rights have been relinquished or terminated, the district court in the county in which the child resides may grant to the grandparents, parents and other children of the parent who is deceased or divorced or separated from the parent who has custody of the child or whose parental rights have been relinquished or terminated, a reasonable right to visit the child during his minority, if the court finds that the visits would be in the best interests of the child. In determining whether to grant this right to a petitioner who is not one of the parents of the person who is deceased or who does not have custody of the child, the court shall consider the amount of personal contact between the petitioner and the child which occurred before the petition for the right to visit was filed.
2. If the parental rights of both natural parents of a child are relinquished or terminated, the district court in the county in which the child resides may grant to the grandparents, parents and other children of either parent a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which all parental rights are relinquished or terminated. In determining whether to grant this right to a petitioner, the court must find that the visits would be in the best interests of the child in light of the considerations set forth in subsection 1.
3. Rights to visit a child may be granted:
(a) In a divorce decree; [or]
(b) In an order of separate maintenance; or
(c) Upon a petition filed by an eligible person after a divorce or separation or after the death of the parent to whom the person was related [.
3.] , or upon the relinquishment or termination of a parental right.
κ1985 Statutes of Nevada, Page 587 (CHAPTER 155, AB 166)κ
4. Termination of the parental rights of a parent who is divorced or separated also terminates any rights granted pursuant to [this section] subsection 1 to persons related to the parent, [and bars any granting of such rights to those persons.] unless the court finds that visits by those persons would be in the best interests of the child.
5. For the purposes of this section, separation means a legal separation or any other separation of a married couple if the couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship.
________
Senate Bill No. 230Senator Jacobsen
CHAPTER 156
AN ACT relating to motor vehicle carriers; raising the fees for the cost of inspections; and providing other matters properly relating thereto.
[Approved May 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.536 is hereby amended to read as follows:
706.536 1. In addition to the fees provided in NRS 706.506 to 706.526, inclusive, the department shall collect the additional sum of [$3] $4 for:
(a) Each original identifying device issued on an annual basis for motor vehicles under the provisions of NRS 706.506 to 706.526, inclusive;
(b) Each original identifying device issued on an annual basis under the provisions of NRS 706.521 and 706.526.
2. All money collected pursuant to this section must be deposited with the state treasurer to the credit of the motor vehicle fund, to be used to defray the costs incurred pursuant to NRS 706.176.
________
Senate Bill No. 265Committee on Natural Resources
CHAPTER 157
AN ACT relating to geographic names; creating the Nevada state board on geographic names; prescribing its powers and duties; and providing other matters properly relating thereto.
[Approved May 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 327 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
κ1985 Statutes of Nevada, Page 588 (CHAPTER 157, SB 265)κ
Sec. 2. As used in sections 3 to 7, inclusive, of this act, unless the context otherwise requires, the term board means the Nevada state board on geographic names.
Sec. 3. The Nevada state board on geographic names is hereby created to coordinate and approve geographic names within the state for official recommendation to the United States Board on Geographic Names.
Sec. 4. The board consists of:
1. One representative of each of the following agencies or organizations:
(a) Bureau of mines and geology of the State of Nevada.
(b) Faculty of the University of Nevada, Reno.
(c) Faculty of the University of Nevada, Las Vegas.
(d) Nevada state library.
(e) Department of transportation of the state.
(f) State department of conservation and natural resources.
(g) Nevada historical society.
(h) United States Bureau of Land Management.
(i) United States Forest Service.
Each agency or organization shall designate a representative and one alternative representative for this purpose.
2. An executive secretary who is a nonvoting member of the board. The state resident cartographer shall serve in this position. If there is not such a cartographer, the voting members of the board shall select the executive secretary.
Sec. 5. 1. The board shall designate from among its members a chairman and a vice chairman and shall adopt rules for its own management.
2. A majority of the voting members of the board constitutes a quorum for the transaction of business.
3. The board shall meet at such times and places as are specified by the chairman, but may not hold more than four meetings in any 1 year.
4. Members of the board shall serve without compensation, travel expenses or subsistence allowances except as they may be provided by the members respective agencies and organizations.
Sec. 6. 1. The board shall:
(a) Receive and evaluate all proposals for changes in or additions to names of geographic features and places in the state to determine the most appropriate and acceptable names for use in maps and official documents of all levels of government.
(b) Make official recommendations on behalf of the state with respect to each proposal.
(c) Assist and cooperate with the United States Board on Geographic Names in matters relating to names of geographic features and places in Nevada.
(d) Maintain a list of advisers who have special knowledge of or expertise in Nevada history, geography or culture and consult with those advisers on a regular basis in the course of its work.
κ1985 Statutes of Nevada, Page 589 (CHAPTER 157, SB 265)κ
expertise in Nevada history, geography or culture and consult with those advisers on a regular basis in the course of its work.
2. The board may:
(a) Adopt regulations to assist in carrying out the functions and duties assigned to it by law.
(b) Initiate proposals for changes in or additions to geographic names in the state. Any proposal initiated by the board must be evaluated in accordance with the same procedures prescribed for the consideration of other proposals.
Sec. 7. 1. Any person, group or agency of federal, state or local government may propose a change in or the addition of any geographic name within the state by submitting it to the board for evaluation and recommendation.
2. Upon receipt of any such proposal, together with sufficient supporting information, the board shall:
(a) Place the proposal on the agenda for preliminary consideration at its next meeting.
(b) Give appropriate notice to persons and groups who are affected by the proposal or might have an interest in it.
(c) Provide opportunities for public comment.
(d) Conduct such research and field investigations as it deems necessary.
3. The board may not take final action on any proposal until it has been given preliminary consideration at one or more previous meetings.
4. Whenever the board takes final action on a proposal, it shall notify the person, group or agency who submitted the proposal and shall transmit the official recommendation to the United States Board of Geographic Names.
Sec. 8. This act becomes effective upon passage and approval.
________
Senate Bill No. 264Committee on Natural Resources
CHAPTER 158
AN ACT relating to the legislative committee on public lands; providing for the continued service of members not reelected; and providing other matters properly relating thereto.
[Approved May 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.5363 is hereby amended to read as follows:
218.5363 1. There is hereby established a legislative committee on public lands consisting of three members of the senate, three members of the assembly and one elected [official] officer representing the governing body of a local political subdivision, appointed by the legislative commission with appropriate regard for their experience with and knowledge of matters relating to public lands.
κ1985 Statutes of Nevada, Page 590 (CHAPTER 158, SB 264)κ
knowledge of matters relating to public lands. The members who are state legislators must be appointed to provide representation from the various geographical regions of the state.
2. The members of the committee shall select a chairman from one house of the legislature and a vice chairman from the other. After the initial selection of a chairman and a vice chairman, each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall select a replacement for the remainder of the unexpired term.
3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.
4. Vacancies on the committee must be filled in the same manner as original appointments.
________
Senate Bill No. 240Committee on Finance
CHAPTER 159
AN ACT relating to offenders; providing for the disposition of their wages; and providing other matters properly relating thereto.
[Approved May 8, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
The director may deduct from the wages earned by an offender from any source during his incarceration:
1. An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department; and
2. Such amounts as the director considers reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.
Sec. 2. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders or lease space or equipment within the institutions to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.
κ1985 Statutes of Nevada, Page 591 (CHAPTER 159, SB 240)κ
the costs of operating the prison system and to provide wages for the offenders being trained or employed. [The director may first deduct from the wages of any offender such amounts as the director deems reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.]
2. The director, with the approval of the board, may:
(a) Provide equipment, space and management for services and manufacturing by offenders.
(b) Employ craftsmen and other personnel to supervise and instruct offenders.
(c) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(d) Lease spaces and equipment within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(e) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
(f) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 3. NRS 209.4831 is hereby amended to read as follows:
209.4831 The director shall determine [a fixed] , with the approval of the board, an amount to be deducted from the wages of each parolee of other offender assigned to a center to offset [in part] the cost of providing the offender with housing, transportation, meals and medical and dental services at the center.
Sec. 4. NRS 209.4837 is hereby amended to read as follows:
209.4837 Once the director determines that a claim for restitution is valid or, absent a claim, that restitution voluntarily offered by the offender can be made, the director shall attempt to negotiate and enter into an agreement with the offender which provides for an assignment to the department of all wages which the offender earns while at the center:
1. To make restitution payments to the victims of any crime for which the offender is incarcerated;
2. To reimburse the department in part for its costs in providing the offender housing, transportation, meals and medical and dental services at the center; and
3. For his own account to the [prisoners personal property] offenders employment fund.
The agreement must contain a schedule of restitution payments to be made to all victims of crimes for which the offender is incarcerated who have filed valid claims with the director or, absent any claims, to whom the director determines restitution voluntarily offered by the offender can be made. The payments may be made subject to such terms as the director [deems] considers advisable.
κ1985 Statutes of Nevada, Page 592 (CHAPTER 159, SB 240)κ
Sec. 5. NRS 209.4841 is hereby amended to read as follows:
209.4841 1. The director shall arrange for all earnings of an offender assigned to a center to be paid directly from the employer of the offender to the department.
2. The department shall:
(a) From the wages of an offender who has been paroled:
(1) Deduct the amount for housing, transportation, meals and medical and dental services determined under NRS 209.4831; and
(2) Distribute any remainder to the offender.
(b) From the wages of any other offender:
(1) Deduct the amount for housing, transportation, meals and medical and dental services determined under NRS 209.4831;
(2) Distribute any amount required by the schedule of restitution payments; and
(3) Deposit any remainder to the offenders account in the [prisoners personal property] offenders employment fund,
in that order or priority.
________
Assembly Bill No. 81Committee on Judiciary
CHAPTER 160
AN ACT relating to dangerous weapons; imposing additional restrictions on the possession of certain weapons; and providing other matters properly relating thereto.
[Approved May 8, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. NRS 202.350 and 202.360 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) Members of the Armed Forces of the United States when on duty.
2. The exemption provided by subsection 1 does not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
3. As used in this section, honorably retired means retired in Nevada after completion of 10 years of creditable service as a member of the public employees retirement system.
κ1985 Statutes of Nevada, Page 593 (CHAPTER 160, AB 81)κ
of the public employees retirement system. A former peace officer is not honorably retired if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
Sec. 2. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person any:
(1) Explosive substance, other than [fixed ammunition;] ammunition or any components thereof;
(2) Dirk, dagger or dangerous knife; or
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon.
2. It is unlawful for any person to carry or use a nunchaku or trefoil with the intent to inflict harm upon the person of another.
3. Except as provided in NRS 202.275 and 212.185, any person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and 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 $5,000.
[3. The provisions of subsection 1 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other appointed police officers or persons having permission from the sheriff of the county as provided in subsection 4.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Any full-time paid peace officer of any agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) Members of the Armed Forces of the United States when on duty.]
4. The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit [. No] , except that no permit may be granted to any person to carry a switchblade knife.
5. For purposes of this section [, switchblade] :
(a) Nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(b) Switchblade knife means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
κ1985 Statutes of Nevada, Page 594 (CHAPTER 160, AB 81)κ
knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
(c) Trefoil means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 3. NRS 202.360 is hereby amended to read as follows:
202.360 1. [The terms pistol, revolver, and firearm capable of being concealed upon the person, as used in this section, apply to and include all firearms having a barrel less than 12 inches in length.
2. No] A person who has been convicted of a felony in the State of Nevada, or in any one of the states of the United States of America, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, [may] unless he has received a pardon and his right to bear arms was specifically restored, shall not own or have in his possession or under his custody or control any [pistol, revolver or other firearm capable of being concealed upon the person.
3.] firearm.
2. Any person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
[4. Nothing in this section applies to or affects:
(a) Sheriffs, constables, marshals, policemen, whether active or honorably retired, or other appointed police officers.
(b) Any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Any full-time paid peace officer of any agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) Members of the Armed Forces of the United States when on duty.]
Sec. 4. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 595κ
Assembly Bill No. 104Assemblymen Banner, Coffin and Thompson
CHAPTER 161
AN ACT relating to disabled veterans; extending to them the privilege to park in spaces reserved for the handicapped; increasing the penalty for illegally parking in certain spaces; and providing other matters properly relating thereto.
[Approved May 8, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.407 is hereby amended to read as follows:
484.407 1. Except as provided in subsection 2, an owner or operator of a motor vehicle displaying a special parking permit, a temporary parking permit , [or] special plates for a physically handicapped person, issued pursuant to NRS 482.384 or 482.3845, or special plates for a disabled veteran, issued pursuant to NRS 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a physically handicapped person , a disabled veteran or a person transporting a physically handicapped person [.] or disabled veteran.
2. This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for off-highway parking without paying the required fee for the time during which the vehicle is so parked.
Sec. 2. NRS 484.408 is hereby amended to read as follows:
484.408 1. A person shall not park a vehicle in a space designated for the handicapped, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:
(a) Special license plates for a handicapped person;
(b) A parking permit for a handicapped person; [or]
(c) An officially recognized emblem issued by this state or another jurisdiction indicating that the driver or a passenger in the vehicle is eligible [.] ; or
(d) Special license plates for a disabled veteran.
2. A person shall not use such a plate, permit or emblem for a vehicle for the purpose of parking unless he is handicapped , a disabled veteran, or is the driver of a vehicle in which a handicapped person or disabled veteran is a passenger.
3. Any person who violates any provision of this section shall be punished by a fine of [$25.] $100.
________
κ1985 Statutes of Nevada, Page 596κ
Senate Bill No. 235Senator Jacobsen
CHAPTER 162
AN ACT relating to prisoners; prohibiting the furnishing to or possession by prisoners of facsimile of a firearm or an explosive; providing a penalty; and providing other matters properly relating thereto.
[Approved May 8, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 212.160 is hereby amended to read as follows:
212.160 1. Any person, not authorized by law, who knowingly furnishes, or attempts to furnish, or aids or assists in furnishing or attempting to furnish to any prisoner confined in an institution of the department of prisons, or any other place where prisoners are authorized to be or are assigned by the director of the department, any deadly weapon, [explosives,] explosive, a facsimile of a firearm or an explosive, any controlled substance as defined in chapter 453 of NRS, or intoxicating liquor, shall be punished:
(a) Where a deadly weapon, controlled substance [or explosive] , explosive or a facsimile of a firearm or explosive is involved, 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) Where an intoxicant is involved, for a gross misdemeanor.
2. Knowingly leaving or causing to be left any [such article] deadly weapon, explosive, facsimile of a firearm or explosive, controlled substance or intoxicating liquor where it may be obtained by any [such] prisoner constitutes, within the meaning of this section, the furnishing [such] of the article to [such] the prisoner.
Sec. 2. NRS 212.185 is hereby amended to read as follows:
212.185 1. Any person who is incarcerated in the state prison or any county or city jail or other correctional facility in this state, or is transferred for medical or psychiatric treatment at another institution, or is in transit to or from such facility, or is in the legal custody of any correctional officer or employee, and who possesses or has in his custody or control any:
(a) Instrument or weapon of the kind commonly known as a blackjack, slung shot, billy, sand-club, sandbag or metal knuckles;
(b) Explosive substance, including fixed ammunition, or any incendiary or explosive device;
(c) Dirk, dagger, switchblade knife or sharp instrument;
(d) Pistol, revolver or other firearm;
(e) Facsimile of a firearm or an explosive;
(f) Device capable of propelling a projectile with sufficient force to cause bodily harm, including but not limited to a pellet gun, slingshot, blowgun, crossbow or bow and arrow; or
[(f)] (g) Other similar weapon, instrument or device, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1985 Statutes of Nevada, Page 597 (CHAPTER 162, SB 235)κ
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. For the purposes of this section, incarceration begins upon assignment to a cell or other place within the correctional facility after completion of the initial booking procedure.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 203Committee on Government Affairs
CHAPTER 163
AN ACT relating to public hospitals; providing an alternate form of organization for a nonprofit corporation to which a public hospital is conveyed; and providing other matters properly relating thereto.
[Approved May 8, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.500 is hereby amended to read as follows:
450.500 1. Except as otherwise provided in NRS 450.490, the board of county commissioners of any county for which a public hospital has been established pursuant to NRS 450.010 to 450.510, inclusive, or established otherwise but administered pursuant to NRS 450.010 to 450.510, inclusive, may convey the hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following conditions are met:
(a) The governing body of the nonprofit corporation must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation must provide for [a] :
(1) A membership of the corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county [. The articles must further provide for the] or a single member which is a nonprofit corporation whose articles of incorporation provide for a membership which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county;
(2) The selection of the governing body by the membership of the corporation [and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles must further provide that the] or, if the corporation has a single member, by the single member;
(3) The governing body to select its members only to fill a vacancy for an unexpired term; and
(4) The terms of office of members of the governing body , [must] not to exceed 6 years.
κ1985 Statutes of Nevada, Page 598 (CHAPTER 163, AB 203)κ
(b) The nonprofit corporation [must] shall contract to care for indigent patients at a charge to the county which does not exceed the actual cost of providing such care, and to receive any person falling sick or maimed within the county.
(c) The nonprofit corporation shall agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement must provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will over the term of the lease reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. Boards of county commissioners which have joint responsibility for a public hospital may jointly exercise the power conferred by subsection 1, and are subject jointly to the related duties.
3. If any hospital which has been conveyed pursuant to this section ceases to be used as a [community] nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another [community] nonprofit hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit [community] hospital, the lease is terminated.
________
κ1985 Statutes of Nevada, Page 599κ
Assembly Bill No. 158Committee on Commerce
CHAPTER 164
AN ACT relating to surplus lines brokers; requiring quarterly reports and payment of taxes from certain brokers; amending and clarifying provisions relating to payment of taxes; and providing other matters properly relating thereto.
[Approved May 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.040 is hereby amended to read as follows:
680B.040 1. Every insured in this state who procures or causes to be procured or continues or renews insurance in an unauthorized foreign insurer, or any self-insurer in this state who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located or to be performed within this state, other than insurance procured through a surplus line broker pursuant to [the surplus line insurance law of this state] chapter 685A of NRS or exempted from [such law,] that chapter, shall within 30 days after the date such insurance was so procured, continued or renewed, file a written report [of the same] with the commissioner on forms prescribed by the commissioner and furnished to such an insured upon request. The report [shall] must show:
(a) The name and address of the insured or insureds.
(b) The name and address of the insurer.
(c) The subject of the insurance.
(d) A general description of the coverage.
(e) The [amount of] premium currently charged therefor.
(f) Such additional pertinent information as is reasonably requested by the commissioner.
If any such insurance covers also a subject of insurance resident, located or to be performed outside this state, for the purposes of this section a proper pro rata portion of the entire premium payable for all such insurance [shall] must be allocated as to the subjects of insurance resident, located or to be performed in this state.
2. Any insurance in an unauthorized insurer procured through negotiations or an application in whole or in part occurring or made within or from within this state, or for which premiums in whole or in part are remitted directly or indirectly from within this state, shall be deemed to be insurance procured or continued or renewed in this state within the intent of subsection 1.
3. For the general support of the government of this state there is levied upon the obligation, chose in action or right represented by the premium charged or payable for such insurance a tax at the rate [of 2 percent of the gross amount of such premium.] prescribed in NRS 680B.027. The insured shall withhold the amount of the tax from the amount of premium charged by and otherwise payable to the insurer for such insurance, and within 30 days after the insurance was so procured, continued or renewed, and coincidentally with the filing with the commissioner of the report provided for in subsection 1, the insured shall pay the amount of the tax to the state treasurer through the commissioner.
κ1985 Statutes of Nevada, Page 600 (CHAPTER 164, AB 158)κ
such insurance, and within 30 days after the insurance was so procured, continued or renewed, and coincidentally with the filing with the commissioner of the report provided for in subsection 1, the insured shall pay the amount of the tax to the state treasurer through the commissioner.
4. If the insured fails to withhold from the premium the amount of tax levied in this section, the insured [shall be] is liable for the amount thereof and shall pay the same to the commissioner within the time stated in subsection 3.
5. The tax imposed by this section if delinquent [shall bear] bears interest at the rate of [6] 10 percent per annum, compounded annually.
6. The tax [shall be] is collectible from the insured by civil action brought by the commissioner, and by the seizure, distraint and sale of any property of the insured situated in this state.
7. This section does not abrogate or modify [, and shall not be construed or deemed to abrogate or modify,] any other provision of this code.
8. This section does not apply to life or disability insurances.
Sec. 2. Chapter 685A of NRS is hereby amended by adding thereto a new section to read as follows:
Within 45 days after the end of each calendar quarter, a broker who has written coverage which will require him to pay more than $1,000 in taxes for coverage written in that calendar quarter shall file with the commissioner a copy of a quarterly report and shall pay the tax for the quarter. The report must include an accounting of:
1. The aggregate gross premiums for the quarter;
2. The aggregate of the return premiums received; and
3. The amount of tax remitted.
The report must be on a form prescribed by the commissioner.
Sec. 3. NRS 685A.120 is hereby amended to read as follows:
685A.120 1. No person in this state may act as, hold himself out as, or be a surplus lines broker with respect to subjects of insurance resident, located or to be performed in this state or elsewhere unless he is licensed as such by the commissioner pursuant to this chapter.
2. Any person who [is] has been licensed by this state as a resident broker for general lines for at least 6 months and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:
(a) Application , [and] payment of the license fee and a recovery fund fee of $15; and
(b) Passing any examination prescribed by the commissioner on the subject of surplus lines.
3. Application for the license must be made to the commissioner on forms designated and furnished by him.
Sec. 4. NRS 685A.170 is hereby amended to read as follows:
685A.170 1. Each broker shall on or before March 1 of each year file with the commissioner a statement verified by the broker of all surplus lines insurance transacted by him during the preceding calendar year.
κ1985 Statutes of Nevada, Page 601 (CHAPTER 164, AB 158)κ
year. A statement must be filed whether or not the broker has transacted any business during the preceding year.
2. The statement [shall] must be on forms as prescribed and furnished by the commissioner, and [shall] must contain such information as the commissioner may reasonably require.
3. If a broker has filed any reports pursuant to section 2 of this act, the annual statement must include any necessary reconciliation of the quarterly reports.
Sec. 5. NRS 685A.180 is hereby amended to read as follows:
685A.180 1. On or before March 1 of each year each broker shall pay to the commissioner a tax on surplus lines coverages written by him in unauthorized insurers during the preceding calendar year at the same rate of tax as imposed by law on the premiums of like coverages written by authorized insurers. If a broker has paid any taxes pursuant to section 2 of this act, he shall deduct the total paid from the tax due and pay the remainder, if any.
2. For the purposes of this section, the premium on surplus lines coverages includes only the gross amount charged by the insurer for the insurance, and does not include any additional amount charged for state or federal tax, [an examination fee or the expense] filing affidavits or reports of coverage, or the communication expenses of the broker.
3. If a contract for surplus lines insurance covers risks or exposures only partially in this state, the tax so payable must be computed on that portion of the premium properly allocable to the risks or exposures located in this state. The commissioner may adopt regulations which establish standards for allocating premiums for risks located in this state in the same manner as premiums are allocated pursuant to NRS 680B.030.
4. The commissioner shall promptly deposit all [such] taxes collected by him pursuant to this section with the state treasurer, to the credit of the state general fund.
5. A broker who receives a credit for tax paid shall refund to each insured the amount of the credit attributable to the insured when the insurer pays a return premium or within 30 days, whichever is earlier.
Sec. 6. NRS 685A.190 is hereby amended to read as follows:
685A.190 1. Every [surplus lines] broker who fails to make and file the annual statement as required under NRS 685A.170, or fails to pay the tax required by NRS 685A.180, [prior to] before April 1 after the due date of [such] the statement or tax, [shall be] is liable for a penalty in the first year of delinquency of $25 for each day of delinquency, beginning with April 1, but not to exceed in the aggregate $500 or an amount equal to the amount of the delinquent tax, whichever is the larger. If the broker fails to file the statement or pay the tax and penalty within 1 year after they are due, the broker is liable for a separate penalty for each subsequent year of delinquency equal to the sum of all unpaid taxes and penalties for each previous year.
2. The tax may be collected by distraint, or the tax and fine may be recovered by an action instituted by the commissioner, in the name of the state, the attorney general representing him, in any court of competent jurisdiction.
κ1985 Statutes of Nevada, Page 602 (CHAPTER 164, AB 158)κ
recovered by an action instituted by the commissioner, in the name of the state, the attorney general representing him, in any court of competent jurisdiction. The fine, when so collected, [shall] must be paid to the state treasurer for credit to the state general fund.
________
Assembly Bill No. 319Committee on Health and Welfare
CHAPTER 165
AN ACT relating to children; enacting into law the Interstate Compact on the Placement of Children; and providing other matters properly relating thereto.
[Approved May 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The Interstate Compact on the Placement of Children, set forth in section 3 of this act, is hereby enacted into law and entered into with all other jurisdictions substantially joining therein.
Sec. 3. The Interstate Compact on the Placement of Children is as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
ARTICLE I. Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a) Each child requiring placement receives the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children are promoted.
ARTICLE II. Definitions
As used in this compact:
(a) Child means a person who, by reason of minority, is legally subject to parental control, guardianship or similar control.
(b) Placement means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
κ1985 Statutes of Nevada, Page 603 (CHAPTER 165, AB 319)κ
family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
(c) Receiving state means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(d) Sending agency means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings or causes to be sent or brought any child to another party state.
ARTICLE III. Conditions for Placement
(a) A sending agency shall not send, bring or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency complies with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring or place the child in the receiving state. The notice must contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring or place the child.
(4) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agencys state, and is entitled to receive therefrom, such supporting or additional information as it considers necessary under the circumstances to carry out the purpose and policy of this compact.
(d) The child must not be sent, brought or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
κ1985 Statutes of Nevada, Page 604 (CHAPTER 165, AB 319)κ
ARTICLE IV. Penalty for Illegal Placement
The sending, bringing or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact is a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such a violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, the violation constitutes full and sufficient grounds for the suspension or revocation of any license, permit or other legal authorization held by the sending agency which empowers or allows it to place or care for children.
ARTICLE V. Retention of Jurisdiction
(a) The sending agency retains such jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child as it would have had if the child had remained in the sending agencys state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. That jurisdiction also includes the power to effect or cause the return of the child or his transfer to another location and custody pursuant to law. The sending agency continues to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained in this article defeats a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state to provide one or more services to the child as the agent for the sending agency.
(c) Nothing in this compact prevents a private charitable agency authorized to place children in the receiving state from performing services or acting as the agent in that state for a private charitable agency of the sending state, or to prevent the agency in the receiving state from discharging its financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a).
ARTICLE VI. Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement may be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to the other party jurisdiction for institutional care and the court finds that:
κ1985 Statutes of Nevada, Page 605 (CHAPTER 165, AB 319)κ
(a) Equivalent facilities for the child are not available in the sending agencys jurisdiction; and
(b) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
ARTICLE VII. Compact Administrator
The executive head of each jurisdiction party to this compact shall designate an officer to act as the administrator and general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, may adopt regulations to carry out more effectively the terms and provisions of this compact.
ARTICLE VIII. Limitations
This compact does not apply to:
(a) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.
(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are parties, or to any other agreement between the states which has the force of law.
ARTICLE IX. Enactment and Withdrawal
This compact is open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It becomes effective with respect to any jurisdiction when the jurisdiction has enacted it into law. Withdrawal from this compact must be by the enactment of a statute repealing it, but does not take effect until 2 years after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing jurisdiction to the executive head of each other party jurisdiction. Withdrawal of a party jurisdiction does not affect the rights, duties and obligations under this compact of any sending agency in that jurisdiction with respect to a placement made prior to the effective date of withdrawal.
ARTICLE X. Construction and Severability
The provisions of this compact must be liberally construed to effectuate the purposes thereof. The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance are not affected thereby.
κ1985 Statutes of Nevada, Page 606 (CHAPTER 165, AB 319)κ
this compact and the applicability thereof to any government, agency, person or circumstance are not affected thereby. If this compact is held contrary to the constitution of any state party thereto, the compact remains in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Sec. 4. The administrator of the compact shall serve at the pleasure of the governor. The administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state under the compact.
Sec. 5. The administrator of the compact shall enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
________
Assembly Bill No. 156Committee on Commerce
CHAPTER 166
AN ACT relating to insurers; clarifying the responsibility of the commissioner of insurance to serve process; authorizing regulation of plans providing welfare benefits; and providing other matters properly relating thereto.
[Approved May 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 680A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. An insurer which has transacted insurance in this state without a certificate of authority must not be granted a certificate of authority unless it pays the tax imposed by NRS 680B.027 for the 3 years immediately preceding the date upon which it applies for a certificate of authority.
Sec. 3. 1. The commissioner may adopt regulations governing plans for providing welfare benefits to employees of more than one employer. The regulations must provide standards requiring the maintenance of specified levels of reserves and specified levels of contributions which any such plan, or any trust established under such a plan, must meet. If a plan does not meet the standards, no benefits may be paid under the plan.
2. The commissioner may conduct an examination of any insurer which administers a plan for providing welfare benefits to employees of more than one employer to determine whether the insurer is complying with the commissioners regulations.
κ1985 Statutes of Nevada, Page 607 (CHAPTER 166, AB 156)κ
more than one employer to determine whether the insurer is complying with the commissioners regulations. The cost of the examination must be borne by the insurer in the manner provided in NRS 679B.290. If the commissioner determines that the insurer is not complying with the commissioners regulations, the commissioner shall require the insurer not to pay benefits under the plan.
3. As used in this section, the term plan for providing welfare benefits for employees of more than one employer is intended to be equivalent to the term employee welfare benefit plan which is a multiple employer welfare arrangement as used in federal statutes and regulations.
Sec. 4. NRS 680A.140 is hereby amended to read as follows:
680A.140 1. The commissioner shall not authorize an insurer to transact insurance in this state, other than an alien insurer or a title insurer, unless it makes and thereafter continuously maintains on deposit in this state, through the commissioner, cash or securities eligible for such deposit under the laws of this state of a fair market value not less than its minimum required capital stock (if a stock insurer) or minimum required basic surplus (if a mutual or reciprocal insurer), for the protection of the insurers policyholders or of its policyholders and creditors in the United States of America. The commissioner may adopt regulations which allow the use of securities as a deposit without delivery of the securities to the commissioner.
2. The commissioner shall not so authorize a title insurer unless it so deposits and maintains such cash or securities of fair market value not less than its minimum required capital stock as a guaranty fund for the security and protection of the holders of, or beneficiaries under, the title insurance contracts issued by the insurer.
3. The commissioner shall not so authorize an alien insurer unless it so makes and thereafter continuously maintains such a deposit, representing [funds] money in excess of all the insurers liabilities under insurance contracts in force in the United States of America, of a fair market value of not less than that required under subsection 1, as to a like foreign insurer. The deposit [shall] must be held in trust for the protection of all the insurers policyholders, or policyholders and creditors, in the United States of America.
4. In lieu of such a deposit made or maintained in this state, the commissioner shall accept the certificate in proper form of the public officer having general supervision of insurers in any other state to the effect that a deposit of like quality and amount, or part thereof, by [such] an insurer is being maintained for like purposes in public custody or control pursuant to the laws of [such] that state, if the commissioner is satisfied as to the like quality and amount of [such] the deposit.
5. All such deposits in this state are subject to the applicable provisions of chapter 682B of NRS . [(administration of deposits).]
Sec. 5. NRS 680A.250 is hereby amended to read as follows:
680A.250 1. Before the commissioner may authorize it to transact insurance in this state, each insurer [shall] must appoint the commissioner, and his successors in office, as its attorney to receive service of legal process issued against the insurer in this state.
κ1985 Statutes of Nevada, Page 608 (CHAPTER 166, AB 156)κ
insurance in this state, each insurer [shall] must appoint the commissioner, and his successors in office, as its attorney to receive service of legal process issued against the insurer in this state. The appointment [shall] must be made on a form as designated and furnished by the commissioner, and [shall] must be accompanied by a copy of a resolution of the board of directors or like governing body of the insurer, if an incorporated insurer, showing that those officers who executed the appointment were [duly] authorized to do so on behalf of the insurer.
2. The appointment [shall] must be irrevocable, [shall] must bind the insurer and any successor in interest to the assets or liabilities of the insurer, and [shall] must remain in effect as long as there is in force any contract of the insurer in this state or any obligation of the insurer arising out of its transactions in this state.
3. Service of such process against a foreign or alien insurer [shall] must be made only by service thereof upon the commissioner.
4. Service of such process against a domestic insurer may be made as provided in this section, or in any other manner provided by Nevada Rules of Civil procedure.
5. At the time of application for a certificate of authority the insurer shall file the appointment with the commissioner, together with a designation of the person to whom process against it served upon the commissioner is to be forwarded. The insurer [may] shall provide written notice to the commissioner of any change of such a designation by a new filing.
Sec. 6. NRS 680A.260 is hereby amended to read as follows:
680A.260 1. Service of process against an insurer for whom the commissioner is attorney [shall] must be made by delivering to and leaving with the commissioner, his deputy, or a person in apparent charge of his office during the commissioners absence, two copies of the process, together with the fee therefor as specified in NRS 680B.010 , [(fee schedule),] taxable as costs in the action.
2. Upon such service the commissioner shall forthwith mail by certified mail one of the copies of such process, with the date and time of service of the same on the commissioner noted thereon, to the person currently designated by the insurer to receive the copy as provided in NRS 680A.250. Service of process [shall be] is complete when the copy has been so mailed.
3. Process served in the manner provided by this section [shall] for all purposes [constitute] constitutes valid and binding personal service upon the insurer within this state. If summons is served under this section, the time within which the insurer is required to appear [shall] must be extended an additional 10 days beyond that otherwise allowed by Nevada Rules of Civil Procedure.
4. The commissioner shall keep a record of the day of service upon him of all legal process.
5. For the purposes of this section, process includes only a summons or the initial documents served in an action. The commissioner is not required to serve any documents after the initial service of process.
κ1985 Statutes of Nevada, Page 609 (CHAPTER 166, AB 156)κ
Sec. 7. Chapter 682B of NRS is hereby amended by adding thereto a new section to read as follows:
The commissioner may allow an insurer to use securities as a deposit or as a part of a deposit without delivering the securities to the commissioner under the conditions specified in regulations adopted pursuant to subsection 1 of NRS 680A.140.
Sec. 8. NRS 682B.010 is hereby amended to read as follows:
682B.010 The following deposits of insurers when made through the commissioner [shall] must be accepted and held by him in trust, subject to the provisions of NRS 682B.010 to 682B.120, inclusive [:] , and section 7 of this act:
1. Deposits required under this code for authority to transact insurance in this state.
2. Deposits of domestic insurers when made pursuant to the laws of other states, provinces and countries as a requirement for authority to transact insurance in such a state, province or country.
3. Deposits in such additional amounts as are permitted to be made under NRS 682B.080.
Sec. 9. NRS 682B.040 is hereby amended to read as follows:
682B.040 1. Except as provided in NRS 682B.050 [,] and section 7 of this act, deposits made in this state under this code [shall] must be made through the commissioner, and upon his written order deposited with the state treasurer, who shall give his receipt therefor and hold in trust deposits made under this code for the purpose or purposes for which the respective deposits were so made, subject to the provisions of NRS 682B.010 to 682B.120, inclusive.
2. The State of Nevada [shall be] is responsible for the safekeeping of all securities or other assets deposited with the state treasurer through the commissioner under this code, and shall bear the costs of the depository.
Sec. 10. NRS 682B.060 is hereby amended to read as follows:
682B.060 1. [The] Except as provided in section 7 of this act, an insurer shall assign to the commissioner and his successors in office in trust all securities being deposited with or through him under NRS 682B.010 to 682B.120, inclusive, which are not negotiable by delivery . [; or, in] In lieu of such an assignment, the insurer may give the commissioner an irrevocable power of attorney authorizing him to transfer the securities or any part thereof for any purpose within the scope of NRS 682B.010 to 682B.120, inclusive.
2. In the case of securities or assets held under custodial arrangements pursuant to NRS 682B.050, the custodians receipt therefor [shall] must be delivered to the commissioner in trust, if negotiable, or assigned to him so that legal title to such securities or assets is vested in the commissioner and his successors in office.
3. The insurer shall convey to the commissioner and his successors in office in trust any real property being deposited under this code.
4. Upon release to the insurer, or other person entitled thereto, of any [such] security or asset, the commissioner shall reassign or transfer or reconvey [the same to such] it to the insurer or person .
κ1985 Statutes of Nevada, Page 610 (CHAPTER 166, AB 156)κ
any [such] security or asset, the commissioner shall reassign or transfer or reconvey [the same to such] it to the insurer or person . [; or, in] In the case of power of attorney given pursuant to subsection 1, [he] the commissioner shall deliver the power of attorney, together with the securities covered thereby, to the insurer or person entitled thereto.
Sec. 11. NRS 685A.070 is hereby amended to read as follows:
685A.070 1. A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible under this section.
2. No insurer is eligible for the acceptance of surplus lines risks under this chapter unless it has surplus as to policyholders not less in amount than [that required of a like domestic insurer formed under this code and transacting the same kind or kinds of insurance,] $3,000,000 and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established under terms reasonably adequate for the protection of all of its policyholders in the United States of America in an amount of not less than $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of a group of individual unincorporated insurers, such a trust fund must be not less than $50,000,000. The commissioner may require larger trust funds than those set forth [above] in this section if in his judgment the volume of business being transacted or proposed to be transacted warrants larger amounts.
3. No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.
4. The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer . [; and the] The status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.
Sec. 12. NRS 685A.200 is hereby amended to read as follows:
685A.200 1. An unauthorized insurer effecting insurance under the provisions of the Surplus Lines Law shall be deemed to be transacting insurance in this state as an unlicensed insurer, and may be sued in a district court of this state upon any cause of action arising against it in this state under any insurance contract entered into by it under this chapter.
2. Service of legal process against the insurer may be made in any such action by service of two copies thereof upon the commissioner, and payment of the [service of process] fee specified in NRS 680B.010 .
κ1985 Statutes of Nevada, Page 611 (CHAPTER 166, AB 156)κ
such action by service of two copies thereof upon the commissioner, and payment of the [service of process] fee specified in NRS 680B.010 . [(fee schedule).] The commissioner shall forthwith mail a copy of the process served to the person designated by the insurer in the policy for the purpose, by prepaid registered or certified mail with return receipt requested. If no such person is so designated in the policy, the commissioner shall in like manner mail a copy of the process to the broker through whom the insurance was procured, or to the insurer at its principal place of business, addressed to the address of the broker or insurer, as the case may be, last of record with the commissioner. Upon service of process upon the commissioner and its mailing [of the same] in accordance with this subsection, the court shall be deemed to have jurisdiction in personam of the insurer.
3. The defendant insurer [shall have] has 40 days from the date of service of the summons and complaint upon the commissioner within which to plead, answer or defend any such suit.
4. An unauthorized insurer entering into such an insurance contract shall be deemed thereby to have authorized service of process against it in the manner and to the effect provided in this section. Any such contract, if issued, [shall] must contain a provision stating the substance of this section, and designating the person to whom the commissioner shall mail process as provided in subsection 2.
5. For the purposes of this section, process includes only a summons or the initial documents served in an action. The commissioner is not required to serve any documents after the initial service of process.
Sec. 13. NRS 685B.050 is hereby amended to read as follows:
685B.050 1. Any act of transacting an insurance business as set forth in NRS 685B.030 by any unauthorized insurer is equivalent to and [shall constitute] constitutes an irrevocable appointment by such an insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the commissioner or his successor in office, to be the true and lawful attorney of such an insurer upon whom may be served all lawful process in any action, suit or proceeding in any court by the commissioner or by the state and upon whom may be served any notice, order, pleading or process in any proceeding before the commissioner and which arises out of transacting an insurance business in this state by such an insurer. Any act of transacting an insurance business in this state by any unauthorized insurer [shall be] is signification of its agreement that any such lawful process in such a court action, suit or proceeding and any such notice, order, pleading or process in such an administrative proceeding before the commissioner to served [shall be] is of the same legal force and validity as personal service or process in this state upon such an insurer.
2. Service of process in such an action [shall] must be made by delivering to and leaving with the commissioner, or some person in apparent charge of his office, two copies thereof and by payment to the commissioner of the fee prescribed by law.
κ1985 Statutes of Nevada, Page 612 (CHAPTER 166, AB 156)κ
commissioner of the fee prescribed by law. Service upon the commissioner as [such attorney shall be] attorney is service upon the principal.
3. The commissioner shall forthwith forward by certified mail one of the copies of such process or such notice, order, pleading or process in proceedings before the commissioner to the defendant in such a court proceeding or to whom the notice, order, pleading or process in such an administrative proceeding is addressed or directed at its last known principal place of business and shall deep a record of all process so served on him which [shall] must show the day and hour of service. Such service is sufficient [, provided:] if:
(a) Notice of such service and a copy of the court process or the notice, order, pleading or process in such an administrative proceeding are sent within 10 days thereafter by certified mail by the plaintiff or the plaintiffs attorney in the court proceeding or by the commissioner in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading or process in such an administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding.
(b) The defendants receipt or receipts issued by the post office with which the letter is certified, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiffs attorney in a court proceeding or of the commissioner in an administrative proceeding, showing compliance therewith are filed with the clerk of the court in which such an action, suit or proceeding is pending or with the commissioner in administrative proceedings, on or before the date the defendant in the court or administrative proceedings is required to appear or respond thereto, or within such further time as the court or commissioner may allow.
4. No plaintiff [shall be] is entitled to a judgment or determination by default in any court or administrative proceeding in which court process or notice, order, pleading or process in proceedings before the commissioner is served under this section until [the expiration of] 45 days [from] after the date of filing of the affidavit of compliance.
5. For the purposes of this section, process in an action in a court includes only a summons or the initial documents served in such an action. The commissioner is not required to serve any documents in such an action after the initial service of process.
6. Nothing in this section limits or affects the right to serve any process, notice, order or demand upon any person or insurer in any other manner permitted by law.
Sec. 14. NRS 695A.400 is hereby amended to read as follows:
695A.400 1. Every society authorized to do business in this state shall appoint in writing the commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it [shall] must be served, and shall agree in [such] the writing that any lawful process against it which is served on [such attorney shall be] the commissioner is of the same legal force and validity as if served upon the society, and that the authority [shall continue] continues in force so long as any liability remains outstanding in this state.
κ1985 Statutes of Nevada, Page 613 (CHAPTER 166, AB 156)κ
in [such] the writing that any lawful process against it which is served on [such attorney shall be] the commissioner is of the same legal force and validity as if served upon the society, and that the authority [shall continue] continues in force so long as any liability remains outstanding in this state.
2. Service [shall] must be made only upon the commissioner, or if absent, upon the person in charge of his office. It [shall] must be made in duplicate and [shall constitute] constitutes sufficient service upon the society. When legal process against a society is served upon the commissioner, he shall forthwith forward one of the duplicate copies by registered or certified mail, prepaid, directed to the secretary or corresponding officer.
3. No such service [shall] may require a society to file its answer, pleading or defense in less than 30 days from the date of mailing the copy of the service to a society.
4. Legal process [shall] must not be served upon a society except in the manner [herein provided.] provided in this section.
5. At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner a fee of $5.
6. For the purposes of this section, process includes only the summons or the initial documents served in an action. The commissioner is not required to serve any documents after the initial service of process.
Sec. 15. NRS 695B.140 is hereby amended to read as follows:
695B.140 1. No corporation subject to the provisions of this chapter [shall] may establish, maintain or operate a hospital, medical or dental service plan unless it has and at all times maintains a reserve fund equal to the following minimum amounts in relation to the number of [individuals] natural persons entitled to hospital, medical or dental services under contracts issued by [such] the corporation:
Amount of
Number of [Individuals] Natural Persons Reserve
Entitled to Benefits Fund
[2,500 or less............................................................................................. $10,000
2,501 to 3,500, inclusive........................................................................... 12,500
3,501 to 4,500, inclusive........................................................................... 15,000
4,501 to 5,500, inclusive........................................................................... 17,500
5,501 and above........................................................................................ 20,000]
1 to 1,000, inclusive................................................................................ $100,000
1,001 to 10,000, inclusive..................................................................... 500,000
10,000 or more......................................................................................... 750,000
but such a reserve fund [shall not be] is not required of a corporation acting only as a fiscal administrator of programs funded by public agencies, authorized insurers and other authorized health service plans.
2. In computing [such] the amount of a reserve fund, the commissioner shall include the amounts agreed to be paid by contracting hospitals to the corporation or its equivalent value of hospital service to be rendered without charge by the contracting hospital to the hospital service corporation.
κ1985 Statutes of Nevada, Page 614 (CHAPTER 166, AB 156)κ
rendered without charge by the contracting hospital to the hospital service corporation.
3. In addition to the reserve fund provided for in this chapter, the commissioner shall require every corporation subject to this chapter to make, and to maintain in force, such contracts with enough hospitals in the State of Nevada to be adequate, in the opinion of the commissioner, to provide care for all [individuals] natural persons entitled to hospital benefits in the State of Nevada under contracts issued by such a corporation.
4. In addition, the commissioner shall require medical or dental service corporations to give evidence of the participation of a sufficient number of physicians or dentists, in his judgment, to render the medical or dental services specified under the contract.
________
Assembly Bill No. 205Assemblymen Humke, Lambert, Nicholas, Bogaert and Collins
CHAPTER 167
AN ACT relating to children; establishing the childrens trust account for the prevention of abuse or neglect; creating the committee for protection of children to award money from the account; increasing the fees charged for certificates of birth and death; and providing other matters properly relating thereto.
[Approved May 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The committee for protection of children, is hereby created within the department of human resources.
2. The committee consists of the following seven members, with at least one member residing within a county with a population of less than 100,000:
(a) The administrator of the youth services division of the department of human resources;
(b) A superintendent of a county school district appointed by the director of the department of human resources;
(c) A district court judge appointed by the director of the department of human resources;
(d) A director of a local agency providing services for abused or neglected children appointed by the director of the department of human resources;
(e) A representative of a community organization involved with children appointed by the director of the department of human resources;
(f) A member of the general public with knowledge of or experience in services to prevent abuse or neglect of children appointed by the governor; and
κ1985 Statutes of Nevada, Page 615 (CHAPTER 167, AB 205)κ
(g) A legislator with knowledge of or experience in services to prevent abuse or neglect of children appointed by the legislative commission.
Sec. 3. 1. The committee shall meet at least twice a year. Additional meetings may be called by the director of the department of human resources as he determines necessary.
2. The expenses for travel of those members who are not state employees and the cost of the meetings must be paid solely out of the money in the childrens trust account available for administrative expenses under subsection 2 of section 4 of this act.
Sec. 4. 1. The childrens trust account is hereby created in the state general fund. The money in the account must be used to prevent the abuse or neglect of children.
2. No more than 5 percent of the money credited to the account each year may be used for the expenses of administering the fund.
3. The interest and income earned on the money in this account, after deducting any applicable charges, must be credited to the account.
4. Any money remaining in the account at the end of each fiscal year does not revert to the state general fund but must be carried over into the next fiscal year.
Sec. 5. 1. The director of the department of human resources is responsible for administering the childrens trust account. He may delegate to the administrator of the welfare division any of the duties involved in administering the account.
2. The director shall report to each regular session of the legislature regarding the agencies or organizations that have been awarded money from the childrens trust account, the money credited to the account, the interest and income on the money in the account, any unexpended money in the account, and the general expenses of administering the account.
Sec. 6. The committee shall:
1. Make annual awards of money from the childrens trust account to agencies of the state or its political subdivisions, and nonprofit community organizations or educational institutions which provide or will provide services for the prevention of the abuse or neglect of children.
2. Adopt by regulation criteria to determine which programs and services are eligible for an award of money under subsection 1.
Sec. 7. NRS 440.690 is hereby amended to read as follows:
440.690 1. The state registrar shall keep a true and correct account of all fees received under this chapter.
2. The money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the state registrar to the state treasurer for credit to the childrens trust account, and any other proceeds accruing to the State of Nevada under the provisions of this chapter [shall] must be forwarded to the state treasurer for deposit in the state general fund . [in the manner provided by law.]
3. Upon the approval of the state board of examiners and pursuant to its regulations, the health division may maintain a bank account for the purpose of refunding overpayments of [vital statistics fees.]
κ1985 Statutes of Nevada, Page 616 (CHAPTER 167, AB 205)κ
the purpose of refunding overpayments of [vital statistics fees.] fees for vital statistics.
Sec. 8. NRS 440.700 is hereby amended to read as follows:
440.700 1. The board may set reasonable fees for searches of record, copies of certificates and other services performed by the state registrar.
2. The fee collected for furnishing a copy of a certificate of birth or death must include the sum of $2 for credit to the childrens trust account.
3. Upon the request of any parent or guardian, the state registrar shall supply, without fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the same is necessary for admission to school or for securing employment.
[3.] 4. The United States Bureau of the Census may obtain, without expense to the state, transcripts or certified copies of births and deaths without payment of a fee.
Sec. 9. The director of the department of human resources shall report to the 1987 regular session of the legislature whether the purposes for which money in the childrens trust account may be awarded should include programs providing counseling and treatment of abused or neglected children.
________
Senate Bill No. 431Committee on Finance
CHAPTER 168
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved May 9, 1985]
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 created pursuant to NRS 218.085 the sum of $1,300,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 617κ
Assembly Bill No. 287Committee on Ways and Means
CHAPTER 169
AN ACT making an appropriation to the state gaming control board for the purchase of additional equipment for its computer system, its investigative staff and its systems for fire detection and security; and providing other matters properly relating thereto.
[Approved May 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state gaming control board the sum of $691,642 for the purchase of additional equipment for its computer system, its investigative staff and its systems for fire detection and security.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 228Committee on Finance
CHAPTER 170
AN ACT relating to the reserve for statutory contingency fund; authorizing payment from the fund to persons serving on a panel to resolve local governmental labor disputes; and providing other matters properly relating thereto.
[Approved May 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(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 7.155, 176.223, 177.345, 178.465, 179.225 and 213.153, but 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; and
κ1985 Statutes of Nevada, Page 618 (CHAPTER 170, SB 228)κ
this paragraph only when the money otherwise appropriated for those purposes has been exhausted; and
(c) The payment of claims which are obligations of the state under NRS 41.0349 and 41.037, but only to the extent that the money in the trust fund for insurance premiums is insufficient to pay the claims.
Sec. 2. NRS 288.203 is hereby amended to read as follows:
288.203 1. Each person, except the commissioner, who serves on a panel formed pursuant to NRS 288.201 is entitled to receive as compensation $150 for each day he is engaged in the business of the panel and the expenses and allowances prescribed in NRS 281.160.
2. All claims which arise under this section must be paid from the reserve for statutory contingency fund upon approval by the commissioner and the board of examiners.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 362Assemblymen Thompson, Nicholas, Banner, Jeffrey, Schofield, Price, Coffin, Stone, Williams, Arberry, Swain and Getto
CHAPTER 171
AN ACT relating to the service of a criminal summons; specifying a minimum age of a person other than the defendant with whom a summons may be left at the defendants residence; and providing other matters properly relating thereto.
[Approved May 9, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.122 is hereby amended to read as follows:
171.122 1. The warrant [shall] must be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he [shall] must show the warrant to the defendant as soon as possible. If the officer does not have a warrant in his possession at the time of the arrest, he shall then inform the defendant of his intention to arrest him, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention, but if the defendant either flees or forcibly resists, the officer may use all necessary means to effect the arrest.
2. The summons [shall] must be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person [of suitable age and discretion] then residing [therein] in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendants last known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed [therein,] in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
κ1985 Statutes of Nevada, Page 619 (CHAPTER 171, AB 362)κ
the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
________
Assembly Bill No. 181Committee on Transportation
CHAPTER 172
AN ACT relating to highways; authorizing the director of the department of transportation to close or restrict the use of highways in the interest of economic development or tourism; and providing other matters properly relating thereto.
[Approved May 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.210 is hereby amended to read as follows:
408.210 1. The director may restrict the use of, or close, any highway whenever he considers [such] the closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.
(c) To promote economic development or tourism in the best interest of the state or upon the written request of the executive director of the commission on economic development or the commission on tourism.
2. The director may:
(a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.
(b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.
3. The director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, [prior to the expiration of] within 5 days [from and] after personal service of notice and demand upon the owner of the encroachment or his agent. In lieu of personal service upon [such] that person or his agent, service of [such] the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on [such] the encroachment described in the notice.
κ1985 Statutes of Nevada, Page 620 (CHAPTER 172, AB 181)κ
by posting, for a period of 5 days, a copy of the notice on [such] the encroachment described in the notice. Removal by the department of [such] the encroachment on the failure of the owner to comply with [such] the notice and demand gives the department a right of action to recover the expense of [such] the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day [such] the encroachment remains [after the expiration of] beyond 5 days [from] after the service of the notice and demand.
4. If the director determines that the interests of the department are not compromised by a proposed or existing encroachment, he may issue a license to the owner or his agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the director to the owner of the encroachment or his agent, the owner or agent may propose a time within which he will relocate or remove the encroachment as required. If the director and the owner or his agent agree upon such a time, the director shall not himself remove the encroachment unless the owner or his agent has failed to do so within the time agreed. If the director and the owner or his agent do not agree upon such a time, the director may remove the encroachment at any time [after the expiration of] later than 30 days [from] after the service of the original notice upon the owner or his agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the director gives the department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.
________
Senate Bill No. 155Senators Raggio, Bilbray, Foley, Gibson, Glover, Hickey, Horn, Jacobsen, Mello, Neal, OConnell, Rawson, Redelsperger, Rhoads, Robinson, Ryan, Shaffer, Townsend, Vergiels, Wagner and Wilson
CHAPTER 173
AN ACT relating to mobile home parks; requiring a landlord when converting a park to offer lots for sale to tenants before sale to the public; prohibiting a landlord from selling occupied lots for more than vacant lots of similar location, size and shape; and providing other matters properly relating thereto.
[Approved May 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118B.180 is hereby amended to read as follows:
118B.180 1. A landlord may convert an existing mobile home park into individual mobile home lots for sale to mobile home owners or to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
[1.] (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
κ1985 Statutes of Nevada, Page 621 (CHAPTER 173, SB 155)κ
days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
[2.] (b) The landlord offers to sell the lot to the tenant at the same price the lot [is] will be offered to the public [;
3.] and holds that offer open for at least 75 days before he offers the lot for sale to the public;
(c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;
(d) The landlord pays the cost of moving the tenants mobile home to a new location no more than 10 miles distant, including the cost of taking down, moving and setting up his mobile home in the new lot or park; and
[4.] (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 90 days after the date of the notice, before he is required to move his mobile home from the lot.
2. Upon the sale of a mobile home lot and a mobile home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the mobile home lot and what portion is for the mobile home.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 238Committee on Ways and Means
CHAPTER 174
AN ACT making an appropriation to the state gaming control board for the payment of the costs incurred in the investigation of certain representatives of gaming employees; and providing other matters properly relating thereto.
[Approved May 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state gaming control board the sum of $424,068 for the costs incurred in the investigation of representatives of labor unions which represent gaming employees.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 622κ
Assembly Bill No. 481Committee on Ways and Means
CHAPTER 175
AN ACT relating to the audit contingency account in the legislative fund; making an appropriation from the state general fund; extending the date of reversion for a prior appropriation; and providing other matters properly relating thereto.
[Approved May 10, 1985]
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 audit contingency account in the legislative fund created pursuant to NRS 218.891 the sum of $15,000 to assist certain state agencies in complying with federal audit requirements.
Sec. 2. Section 9 of chapter 551, Statutes of Nevada 1981, as amended by section 6 of chapter 29, Statutes of Nevada 1983, at page 163, 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, [1985,] 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
________
Assembly Bill No. 323Committee on Government Affairs
CHAPTER 176
AN ACT relating to public employees; changing the date they may first participate in group insurance; and providing other matters properly relating thereto.
[Approved May 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as provided in subsections 2 and 4, every officer or employee of the state is eligible to participate in the program [upon] on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University of Nevada System [with] who have annual employment contracts are eligible to participate in the program [upon the] on:
(a) The effective dates of their respective employment contracts [.] , if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
κ1985 Statutes of Nevada, Page 623 (CHAPTER 176, AB 323)κ
respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the states group insurance program, and every officer or employee who commences his employment after that date [upon completion of 90 days of full-time employment,] is eligible to participate in the program [.] on the first day of the month following the completion of 90 days of full- time employment.
4. Every senator and assemblyman is eligible to participate in the program at any time after his term of office begins.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 137Committee on Education
CHAPTER 177
AN ACT relating to vocational education; authorizing the commission on economic development to grant money to postsecondary educational institutions to develop programs designed to teach skills needed for new or existing businesses; and providing other matters properly relating thereto.
[Approved May 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission on economic development, to the extent of legislative appropriations, may grant money to a postsecondary educational institution to develop a program for vocational education which is designed to teach skills in a short time to persons who are needed for employment by new or existing businesses.
________
κ1985 Statutes of Nevada, Page 624κ
Assembly Bill No. 209Committee on Natural Resources, Agriculture and Mining
CHAPTER 178
AN ACT relating to agriculture; authorizing the department of agriculture to regulate aquatic agriculture; changing the number required for a quorum of the state board of agriculture; making various changes in the provisions regulating seeds; and providing other matters properly relating thereto.
[Approved May 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section to read as follows:
Aquatic agriculture, which includes the propagation, cultivation and harvesting of plants indigenous to water in a controlled or selected aquatic environment for the commercial production of food, is one of the agricultural enterprises conducted in this state. The department shall promote, protect and regulate aquatic agriculture to the extent that the department is authorized to regulate other forms of agriculture and other agricultural products. The department shall confer with the department of wildlife regarding aquatic agriculture to prevent any adverse effects on existing aquatic animals.
Sec. 2. NRS 561.095 is hereby amended to read as follows:
561.095 1. The members of the board may meet at such times and at such places as may be specified by the call of the chairman or a majority of the board and a meeting of the board may be held regularly at least once every 3 months. In case of emergency, special meetings may be called by the chairman or by the executive director.
2. [Four] Five members of the board constitute a quorum. A quorum may exercise all the authority conferred on the board.
3. Minutes of each meeting, regular or special, must be filed with the department and are public records.
Sec. 3. Chapter 587 of NRS is hereby amended by adding thereto a new section to read as follows:
Noxious weed means a weed the presence of whose seed among other seeds is prohibited or restricted pursuant to this chapter.
Sec. 4. NRS 587.015 is hereby amended to read as follows:
587.015 As used in NRS 587.015 to 587.123, inclusive, unless the context otherwise requires, the words and terms defined in NRS 587.017 to 587.073, inclusive, and section 3 of this act have the meanings ascribed to them in [NRS 587.017 to 587.073, inclusive.] those sections.
Sec. 5. NRS 587.055 is hereby amended to read as follows:
587.055 Screenings means chaff, seed, weed seeds, inert matter and other materials removed from [grain or] seed in [cleaning or processing.] preparing it for use.
κ1985 Statutes of Nevada, Page 625 (CHAPTER 178, AB 209)κ
Sec. 6. NRS 587.071 is hereby amended to read as follows:
587.071 Vegetable seeds includes the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of [vegetable] seeds of vegetables or herbs in this state.
Sec. 7. NRS 587.073 is hereby amended to read as follows:
587.073 Weed seeds includes the seeds and bulblets of all plants generally recognized as weeds within this state . [, and includes restricted noxious weed seeds.]
Sec. 8. NRS 587.083 is hereby amended to read as follows:
587.083 1. The executive director shall adopt [rules and] regulations:
(a) Governing the [method of] terms and methods used in sampling, inspecting, analyzing, testing and examining seeds subject to NRS 587.015 to 587.123, inclusive, and the tolerances to be used.
(b) Establishing a list of prohibited and restricted noxious weeds and prescribing the maximum rate of occurrence per pound of seeds of restricted noxious [weed seeds] weeds which may be associated with any seeds. A noxious weed may be prohibited if it is highly destructive and difficult to control in this state by ordinary good cultural or chemical practice and restricted if it is objectionable or injurious in fields, lawns and gardens of this state, but can be controlled by good cultural or chemical practices.
(c) Establishing [reasonable] minimum standards of germination for [vegetable and flower seeds.] seeds of vegetables, herbs and flowers.
(d) Defining the terms to be used in labeling seeds.
(e) Establishing a list of [tree and shrub species] the species of trees and shrubs subject to the [germination] labeling requirements of [paragraph (g) of subsection 2] subsection 7 of NRS 587.105.
[(e) Shortening or extending the time periods, specified in subsections 1 and 2 of NRS 587.111, within which tests]
(f) Establishing the duration of the validity of testing to determine the percentage of germination of seeds [must be completed prior to sale or offering for sale or transportation, in accordance with the executive directors findings as to the viability period of any such seeds.] subject to the requirements for labeling as set forth in NRS 587.091 to 587.105, inclusive, before the sale, offering for sale or transporting of these seeds.
[(f)] (g) For the labeling of [flower] seeds of flowers in respect to kind and variety or the characteristics of type and performance [characteristics] as required by NRS 587.101 and 587.103.
[(g)] (h) Establishing a list of the kinds of [flower] seeds of flowers which are subject to the [flower seed germination] labeling requirements of NRS 587.101 and 587.103.
2. The executive director may adopt such other [rules and] regulations as [may be] are necessary to carry out the provisions of NRS 587.015 to 587.123, inclusive.
κ1985 Statutes of Nevada, Page 626 (CHAPTER 178, AB 209)κ
Sec. 9. NRS 587.091 is hereby amended to read as follows:
587.091 1. Each container of [agricultural, flower and vegetable] seeds of agricultural crops, flowers, vegetables, herbs, trees and shrubs which is sold, offered [or exposed] for sale [,] or transported within this state for sowing purposes [shall] must bear or have attached to it, in a conspicuous place, a plainly written [or printed] label or tag in the English language, giving the net weight of the seed and the information specified for the respective classes of seed in subsection 2 and in NRS 587.093 to [587.103,] 587.105, inclusive, which information [shall] must not be modified or denied in the labeling or on another label attached to the container.
2. For all such seeds [named and treated (for which a separate label may be used), the label shall] which are treated, the label must contain:
(a) A word or statement indicating that the seed has been treated ; [.]
(b) The commonly accepted coined, chemical, generic or abbreviated chemical or generic name of the [applied] substance used for treatment, or the description of the process used for treatment ; [.]
(c) If the substance applied to the seed for treatment is in an amount which may be harmful to human or other vertebrate animals, a caution, stating: Do not use for food, feed or oil purposes. The caution for mercurials and similarly toxic substances [shall be a poison] must be a statement or symbol [.] indicating the presence of poison; and
(d) If the seed is treated with an inoculant, the [date] month and year beyond which the inoculant is not to be considered effective.
3. A separate label may be used to contain the information required in subsection 2.
Sec. 10. NRS 587.093 is hereby amended to read as follows:
587.093 The labeling of containers for [agricultural seeds, except grass seed mixtures provided for in NRS 587.095, shall state:] seeds of agricultural crops must state, in addition to the requirements of NRS 587.091:
1. The kind and variety, or the kind and the phrase variety not stated, for each [agricultural seed component] seed of another crop in the container in excess of 5 percent of the whole, and the percentage by weight of the pure seed of each [such component] listed in a column in order of its predominance. [When more than one component is required to be named, the word mixture or mixed shall also be shown conspicuously on the label.] Seeds of other crops in the container which are less than 5 percent of the whole may be claimed as part of a mixture but if so must conform to the requirements applicable to seeds in excess of 5 percent of the whole. Mixtures must be designated by the word mixed or mixture accompanying the name of the mixture. Hybrids must be labeled as hybrids.
2. The [lot] number or other [lot] identification [.] of the lot.
3. The origin , [(] state or foreign country [)] , if known, of alfalfa, red clover and field corn, but not of hybrid corn.
κ1985 Statutes of Nevada, Page 627 (CHAPTER 178, AB 209)κ
alfalfa, red clover and field corn, but not of hybrid corn. If the origin is unknown, this fact [shall] must be stated.
4. The percentage by weight of all [weed] seeds of weeds present.
5. The name and rate of occurrence per pound of each kind of seeds of restricted noxious [weed seed] weeds present.
6. The percentage by weight of [agricultural seeds, which] seeds of crops other than those named on the label. These may be designated crop seeds . [, other than those required to be named on the label.]
7. The percentage by weight of inert matter.
8. For each [named agricultural seed:] seed for agricultural crops named in the label:
(a) The percentage of germination, exclusive of hard seed ; [.]
(b) The percentage of hard [seeds,] seed, if present [.] ; and
(c) The [calendar] month and year the test for germination was completed [to determine such percentages.] , and for mixtures, only the date of the oldest test of the seeds in the mixture.
In addition, following the percentages shown in paragraphs (a) and (b), the total germination and hard seed may be stated as such.
9. The name and address of the person who labeled the seed, or who sells [, offers or exposes] or offers the seed for sale within this state.
Sec. 11. NRS 587.097 is hereby amended to read as follows:
587.097 The labeling of containers for [vegetable] seeds of vegetables in containers of 1 pound or less [shall state:] must state, in addition to the requirements of NRS 587.091:
1. The name of the kind and variety of the seed.
2. For seeds which germinate less than the standard [last] established in the [rules and] regulations adopted under paragraph (c) of subsection 1 of NRS 587.083:
(a) The percentage of germination, exclusive of hard seed ; [.]
(b) The percentage of hard seed, if present ; [.]
(c) The [calendar] month and year the test for germination was completed [to determine such percentages.] ; and
(d) The words, below standard, in not less than 8-point type.
3. The name and address of the person who labeled the seed, or who sells [, offers or exposes] or offers the seed for sale within this state.
4. The name and rate of occurrence per pound of each kind of seed of restricted noxious weeds present in the container.
Sec. 12. NRS 587.099 is hereby amended to read as follows:
587.099 The labeling of containers for [vegetable] seeds of vegetables in containers of more than 1 pound [shall state:] must state, in addition to the requirements of NRS 587.091:
1. The name of each kind and variety present in excess of 5 percent of the whole, and the percentage by weight of each in order of its predominance.
2. The [lot] number or other [lot] identification [.] of the lot.
κ1985 Statutes of Nevada, Page 628 (CHAPTER 178, AB 209)κ
3. For each [named vegetable seed:] seed of vegetables named on the label:
(a) The percentage of germination, exclusive of hard seed ; [.]
(b) The percentage of hard seed, if present [.] ; and
(c) The [calendar] month and year the test for germination was completed . [to determine such percentages.]
4. The name and address of the person who labeled the seed, or who sells [, offers or exposes] or offers the seed for sale within this state. [The labeling requirements for vegetable seeds in containers of more than 1 pound are met if the seed is taken and weighed from a properly labeled container in the presence of the consumer of such seed.]
5. The name and rate of occurrence per pound of each kind of seed of restricted noxious weeds present in the container.
Sec. 13. NRS 587.101 is hereby amended to read as follows:
587.101 The labeling for [flower] seeds for flowers in packets prepared for use in home [flower] gardens or [household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices shall state:] plantings for households must state, in addition to the requirements of NRS 587.091:
1. For all kinds of [flower seeds:] seeds of flowers:
(a) The name of the kind and variety or a statement of the characteristics of type and performance [characteristics] as prescribed in the [rules and] regulations adopted under paragraph [(f)] (g) of subsection 1 of NRS 587.083 ; [.]
(b) The [calendar] month and year the seed was tested for germination or the year for which the seed was packaged [.] ; and
(c) The name and address of the person who labeled the seed, or who sells [, offers or exposes] or offers the seed for sale within this state.
2. In addition, for seeds of those kinds for which standard procedures for testing [procedures] are prescribed and which germinate less than the [germination standard last] standard of germination established in the [rules and] regulations adopted under paragraph (c) of subsection 1 of NRS 587.083:
(a) The percentage of germination, exclusive of hard seed [.] ; and
(b) The words below standard in not less than 8-point type.
[3. In addition, for seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.]
Sec. 14. NRS 587.103 is hereby amended to read as follows:
587.103 The labeling of containers for [flower] seeds of flowers in containers other than packets prepared for use in home [flower] gardens or [household plantings and other than preplanted containers, mats, tapes or other planting devices shall state:] plantings for households must state, in addition to the requirements of NRS 587.091:
κ1985 Statutes of Nevada, Page 629 (CHAPTER 178, AB 209)κ
1. For all kinds of [flower seeds:] seeds of flowers:
(a) The name of the kind and variety or a statement of the characteristics of type and performance [characteristic] as prescribed in the [rules and] regulations adopted under paragraph [(f)] (g) of subsection 1 of NRS 587.083 ; [.]
(b) The [lot] number or other [lot] identification [.] of the lot.
(c) The [calendar] month and year the seed was tested for germination or the year for which the seed was packaged [.] ; and
(d) The name and address of the person who labeled the seed, or who sells [, offers or exposes] or offers the seed for sale within this state.
2. In addition, for those kinds of seeds for which standard procedures for testing [procedures] are prescribed:
(a) The percentage of germination, exclusive of hard seed [.] ; and
(b) The percentage of hard seed, if present.
Sec. 15. NRS 587.105 is hereby amended to read as follows:
587.105 Except for seed supplied by a [tree] seedsman of trees to a consumer under a contractual agreement, which [seed] may be labeled by invoice or by an analysis tag attached to the invoice if the seed is in bulk or if each bag or other container is clearly identified by [a lot] the number of the lot stenciled on the container [or if the seed is in bulk,] , the labeling of each bag or container which is not so identified and each container of [tree and shrub seed] seeds of trees and shrubs which is sold, offered [or exposed] for sale [,] or transported within this state for sowing purposes [shall bear or have attached to it, in a conspicuous place, a plainly written or printed label or tag in the English language, giving the following information, which information shall not be modified or denied in the labeling or on another label attached to the container:
1. For all such seeds named and treated, for which a separate label may be used:
(a) A word or statement indicating that the seed has been treated.
(b) The commonly accepted coined, chemical, generic or abbreviated chemical or generic name of the applied substance used for treatment, or the description of the process used for treatment.
(c) If the substance applied to the seed for treatment is in an amount which may be harmful to human or other vertebrate animals, a caution stating: Do not use for food, feed or oil purposes. The caution for mercurials and similarly toxic substances shall be a poison statement or symbol.
(d) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective.
2. In addition, for all tree and shrub seeds named:
(a)] must state, in addition to the requirements of NRS 587.091:
1. The common name of the species of seed and subspecies, if appropriate.
[(b)] 2. The scientific name of the genus , species [,] and subspecies , if appropriate.
κ1985 Statutes of Nevada, Page 630 (CHAPTER 178, AB 209)κ
[(c)] 3. The [lot] number or other [lot] identification [.] of the lot.
[(d)] 4. The origin of the seed, specified as follows:
[(1)] (a) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, geographic description or political subdivision , such as state and county [.
(2)] ; or
(b) For seed collected from other than a predominantly indigenous stand, identification of the area of collection and the origin of the stand or, if applicable, the statement: Origin not indigenous.
[(e)] 5. The upper and lower limits of elevations within which the seed was collected.
[(f)] 6. The purity of the seed as a percentage of pure seed by weight.
[(g)] 7. For those species for which standard procedures for testing germination [testing procedures] are prescribed by the executive director, one of the following:
[(1)] (a) The germination in percentage and percentage of firm ungerminated seed, and the [date] month and year of the test [by month and year;
(2)] ;
(b) For seed transported or delivered for transportation within the [calendar year collected,] year of collection or within 6 months following the [calendar] year of collection, the statement: Test is in process; or
[(3)] (c) For seed being transported to a consumer, the name of the consumer and a statement: Contract seed not for resale, and subject to test to be arranged.
[(h)] 8. For those species for which standard procedures for testing germination [testing procedures] have not been prescribed by the executive director, the [calendar] year in which the seed was collected.
[(i)] 9. The name and address of the person who labeled the seed, or who sells [, offers or exposes] or offers the seed for sale within this state.
Sec. 16. NRS 587.111 is hereby amended to read as follows:
587.111 It is unlawful for any person to sell, offer for sale [, expose for sale] or transport for sale any [agricultural, flower, vegetable or tree and shrub] seeds of agricultural crops, flowers, vegetables, herbs, trees or shrubs within this state:
1. If they are subject to the [germination] labeling requirements of NRS 587.091 to [587.103,] 587.105, inclusive, unless the test to determine the percentage of germination required has been completed [within a 9-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale,] , as prescribed in the regulations adopted under paragraph (f) of subsection 1 of NRS 587.083, immediately before the sale, offering for sale or transporting of the seed.
κ1985 Statutes of Nevada, Page 631 (CHAPTER 178, AB 209)κ
2. [If subject to the germination labeling requirements of NRS 587.105, unless the test to determine the percentage of germination has been completed within a 1-year period immediately prior to sale.
3.] Unless labeled in accordance with the provisions of NRS 587.091 to [587.103,] 587.105, inclusive, or if bearing a false and misleading label.
[4.] 3. Which [has been subject to] have been the subject of a false or misleading advertisement.
[5.] 4. Which consist of or contain prohibited [noxious weed] seeds of noxious weeds in excess of recognized tolerances.
[6.] 5. Which consist of or contain seeds of restricted noxious [weed seeds] weeds in excess of the number per pound as prescribed by [rules and regulations promulgated] regulations adopted under paragraph (b) of subsection 1 of NRS 587.083, or in excess of the number stated on the label attached to the container of the seed.
[7.] 6. Which contain [weed] seeds of weeds in excess of limits set forth in the [rules and regulations promulgated pursuant to the provisions of] regulations adopted under NRS 587.015 to 587.123, inclusive.
[8.] 7. Which are represented, by labeling, advertising or otherwise, to be [certified or registered,] any particular class of certified seed, unless:
(a) It has been determined by a [seed-certifying agency, in accordance with its rules and regulations governing the certification of seeds,] certifying agency that the seed was produced, processed and packaged [, and conforms to standards of purity as to kind, species or variety;] , in accordance with the standards established by the agency; in addition, as to [tree seed, that such] seeds for trees, the seed was found to be of the origin and elevation claimed; and
(b) The seed bears an official label, issued by the [seed-certifying] certifying agency, that the seed is certified or registered.
Sec. 17. NRS 587.115 is hereby amended to read as follows:
587.115 [1.] The provisions of NRS 587.091 to 587.105, inclusive, [587.111 and 587.113] do not apply:
[(a)] 1. To seed or grain not intended for sowing purposes.
[(b)] 2. To seed [while] only while being stored in, [or being] transported to or consigned to [, a cleaning or processing] an establishment for [cleaning] the conditioning or processing of seed if the invoice or labeling accompanying any shipment of such seed bears the statement seed for processing . [, and if no other labeling or representations are made with respect to such seed.
(c)] 3. To any carrier of seed which is transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not otherwise engaged in producing, processing or marketing seeds which are subject to NRS 587.015 to 587.123, inclusive.
[2. The provisions of NRS 587.105 and 587.107 do not apply to tree seed produced by the consumer.]
4. To seed from a bulk container which is weighed and packaged in the presence of the purchaser, if that container is properly labeled pursuant to NRS 587.091 to 587.105, inclusive.
κ1985 Statutes of Nevada, Page 632 (CHAPTER 178, AB 209)κ
the presence of the purchaser, if that container is properly labeled pursuant to NRS 587.091 to 587.105, inclusive.
Sec. 18. NRS 587.117 is hereby amended to read as follows:
587.117 A person who sells [, offers to sell or exposes for sale] or offers to sell seeds which are subject to the provisions of NRS 587.015 to 587.123, inclusive, is not [responsible] subject to a penalty for incorrect labeling or representation as to kind, species, variety, type or origin, elevation and year of collection, if applicable, of such seeds if:
1. The seeds cannot be identified by mere examination;
2. He obtains and relies upon:
(a) An invoice;
(b) A [genuine growers or tree seedsmans declaration;] declaration of a grower or a seedsman of trees, which states that the grower or seedsman has records to prove the progeny of seed of the same origin; or
(c) Other labeling information; and
3. He takes [such] other precautions as [may be] are reasonable to insure that the labeling and representations are correct.
Sec. 19. NRS 587.119 is hereby amended to read as follows:
587.119 1. Whenever any [grain or] seed is [processed,] prepared for use, all screenings or cleanings [from such grain or seed shall] must be removed from the premises only under a permit issued by the executive director.
2. It is unlawful to distribute, give away, sell or use screenings [or cleanings containing prohibited or restricted noxious] containing weed seeds unless the screenings have been [either ground or treated, or both, in a manner approved by the executive director] treated to destroy the viability of the [noxious] weed seeds [.] or otherwise in a manner approved by the executive director.
Sec. 20. NRS 587.047, 587.049, 587.053 and 587.095 are hereby repealed.
________
κ1985 Statutes of Nevada, Page 633κ
Senate Bill No. 181Committee on Transportation
CHAPTER 179
AN ACT relating to drivers licenses; simplifying the procedure for the restoration of a suspended drivers license; broadening the eligibility of a person whose drivers license has been suspended for a restricted license; and providing other matters properly relating thereto.
[Approved May 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.465 is hereby amended to read as follows:
483.465 1. If a driver who holds a Nevada drivers license violates a written promise to appear pursuant to a citation issued for a violation of a traffic law or ordinance occurring within the state other than one governing standing or parking, the clerk of the court shall immediately notify the department on a form approved by the department.
2. Upon receipt of notice from a court in this state of a failure to appear, the department shall notify the driver by mail that his privilege to drive is subject to suspension and allow him 30 days after the date of mailing the notice to:
(a) Appear in court [or] and obtain a dismissal of the citation or complaint as provided by law; [or]
(b) Appear in court and, if permitted by the court, make an arrangement acceptable to the court to satisfy a judgment of conviction; or
(c) Make a written request to the department for a hearing.
3. If notified by a court, within 30 days after the notice of a failure to appear, that a driver has been allowed to make an arrangement for the satisfaction of a judgment of conviction, the department shall remove the suspension from the drivers record. If the driver subsequently defaults on his arrangement with the court, the court shall notify the department which shall immediately suspend the drivers license until the court notifies the department that the suspension may be removed.
4. The department shall suspend the license of a driver 31 days after it mails him the notice provided for in subsection 2, unless within that time it has received a written request for a hearing from the driver or notice from the court on a form approved by the department that the driver has appeared or the citation or complaint has been dismissed. A license so suspended remains suspended until further notice is received from the court that the driver has appeared or that the case has been otherwise disposed of as provided by law.
Sec. 2. 34 NRS 483.490 is hereby amended to read as follows:
483.490 1. Unless otherwise provided by specific statute, the department may not suspend a license for a period of more than 1 year.
2. After a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may , unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle [to] :
κ1985 Statutes of Nevada, Page 634 (CHAPTER 179, SB 181)κ
offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may , unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle [to] :
(a) To and from work or in the course of his work, or both [.] ; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before [issuing] a restricted license [,] may be issued, the [department must be satisfied] applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation [to and from work or he must drive regularly as a condition of his employment,] and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
3. A driver who violates a condition of a restricted license issued under subsection 2 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.
4. The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and 483.470, when the suspensions must run concurrently.
5. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
________
κ1985 Statutes of Nevada, Page 635κ
Senate Bill No. 290Committee on Commerce and Labor
CHAPTER 180
AN ACT relating to telephone companies; authorizing the filing of an application for an increase justified by future expenses or a future change in its rate base while another application is pending before the public service commission for an increase in rates; and providing other matters properly relating thereto.
[Approved May 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Within the limits provided by subsection 2, a telephone company may file an application to recover the anticipated increase in the allocation of its operating expense to intrastate operations, or an increase justified by an increased allocation of its rate base to intrastate operations, during the pendency of another application concerning its charges for service or equipment or the conditions under which it provides service or equipment to customers. The relief authorized by this section may not be granted by the commission more often than annually.
2. The increase must be caused by a change in the federal regulation of the company and may be included in the application if:
(a) The increase relates to:
(1) The allocation of its expenses or its rate base, or both;
(2) The method of recovery, through adjustment of expenses and rate base, for loss of revenue formerly derived from interstate operations as that revenue related to the ownership of equipment located on a customers premises; or
(3) Subject to the commissions approval of the particular situation, any other federally required change in allocation; and
(b) The change in allocation:
(1) Is known and measurable with reasonable certainty at the time of filing; and
(2) Will become effective on or before the date when the new charges are to be placed in effect.
3. The amount of any increase in rates authorized by the commission pursuant to the provisions of this section must be determined by adjusting the most recent 12 months revenues, expenses and investment to reflect changes in the allocation of expenses or rate base, or both, but no change in rates may be put into effect until the changes in allocation have become effective and the utility shows to the commissions satisfaction that no changes materially affecting the calculation of the allocation and resulting requirements for revenue have occurred.
4. Within 30 days after the date of the filing of the application, the commission shall make its initial determination whether the application is eligible for consideration under this section and shall so notify the applicant. If the commission does not find the applicant ineligible, it shall issue its order approving that portion of the application which it finds to be justified by the evidence within 180 days after the date of filing or by the time the increase in operating expenses or rate base becomes effective, whichever is later.
κ1985 Statutes of Nevada, Page 636 (CHAPTER 180, SB 290)κ
finds to be justified by the evidence within 180 days after the date of filing or by the time the increase in operating expenses or rate base becomes effective, whichever is later.
5. The commission may adopt by regulation standards and procedures to effectuate the provisions of this section. These regulations may require a joint application by the telephone companies seeking any relief authorized by this section.
Sec. 2. NRS 704.100 is hereby amended to read as follows:
704.100 Except as may otherwise be provided by the commission pursuant to NRS 704.095:
1. No changes may be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any rates or charges, except upon 30 days notice to the commission, and all changes must be plainly indicated, or by filing new schedules in lieu thereof 30 days before the time the schedules are to take effect. The commission, upon application of any public utility, may prescribe a less time within which a reduction may be made.
2. Copies of all new or amended schedules must be filed and posted in the stations and offices of public utilities as in the case of original schedules.
3. Except as provided in subsection 4 [,] or in section 1 of this act, the commission shall not consider an application by a public utility if the justification for the new schedule includes any items of expense or rate base which are set forth as justification in a pending application, are the subject of pending litigation, or have been considered and disallowed by the commission or a district court.
4. A public utility may set forth as justification for a rate increase items of expense or rate base which have been considered and disallowed by the commission, only if those items are clearly identified in the application and new facts or policy considerations for each item are advanced in the application to justify a reversal of the commissions prior decision.
5. If the commission receives an application that is within the prohibition of subsection 3, it shall, within 30 days, notify the public utility that the application is dismissed.
6. The commission shall determine whether a hearing must be held when the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.
7. In making the determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 3. NRS 704.110 is hereby amended to read as follows:
704.110 Except as may otherwise be provided by the commission pursuant to NRS 704.095:
κ1985 Statutes of Nevada, Page 637 (CHAPTER 180, SB 290)κ
1. Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. Whenever there is filed with the commission any schedule stating an increased individual or joint rate, fare or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12-month period. During any hearing concerning the increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the most recent 12 consecutive months for which data are available at the time of filing, adjusted for increased revenues, any increased investment in facilities, increased depreciation expenses, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of the actual 12-month results of operations; but no new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission shall also consider evidence supporting depreciation expenses, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the certification period as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates, fares or charges as may be required by this chapter.
4. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
κ1985 Statutes of Nevada, Page 638 (CHAPTER 180, SB 290)κ
after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
5. Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with the commissions regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.
6. Except as provided in subsection 7 [,] or in section 1 of this act, whenever an application for an increased rate, fare or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another application until all pending applications for rate increases submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.
7. A public utility may not file an application to recover the increased cost of purchased fuel, purchased power or natural gas purchased for resale more often than once every 30 days.
Sec. 4. Section 1 of this act expires by limitation on January 1, 1998.
________
Senate Bill No. 299Senators Wagner, Bilbray, Foley, Hickey, Rawson, Ryan and Wilson
CHAPTER 181
AN ACT relating to pornography involving children; broadening the provision for forfeiture of property; and providing other matters properly relating thereto.
[Approved May 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, [sexual assault,] robbery, kidnaping, burglary, grand larceny or pandering is subject to forfeiture.
κ1985 Statutes of Nevada, Page 639 (CHAPTER 181, SB 299)κ
weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, [sexual assault,] robbery, kidnaping, burglary, grand larceny or pandering is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony are subject to forfeiture except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and
(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
Sec. 2. NRS 200.760 is hereby amended to read as follows:
200.760 1. All assets derived from or relating to any violation of NRS 200.366, 200.710, 200.720 , [or] 200.730 or 201.230 are subject to forfeiture . [upon the conviction of any person pursuant thereto.] A proceeding for their forfeiture may be brought and maintained in any court where jurisdiction over the money or property to be forfeited can be obtained.
2. Any money recovered from a forfeiture of assets pursuant to subsection 1 must be deposited in the fund for the compensation of victims of crime to be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720 [or 200.730.] , 200.730 or 201.230
Sec. 3. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the hearings division of the department of administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid.
2. Money deposited in the fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 must be used for the counseling and medical treatment of [minors who are involved in the production of pornography] victims of crimes committed in violation of NRS 200.366, 200.710, 200.720 [or 200.730.]
κ1985 Statutes of Nevada, Page 640 (CHAPTER 181, SB 299)κ
medical treatment of [minors who are involved in the production of pornography] victims of crimes committed in violation of NRS 200.366, 200.710, 200.720 [or 200.730.] , 200.730 or 201.230.
3. In on June 30 of any year the fund contains more than $350,000, excluding any money deposited which is recovered from a forfeiture of assets pursuant to NRS 200.760, the state treasurer shall distribute the excess to the counties in the same proportion that the money which each county paid to the fund bears to the amount paid to the fund by all counties. The distribution must be made on or before July 31, and the money must be deposited in the general fund of each county.
________
Assembly Bill No. 5Assemblyman Stone
CHAPTER 182
AN ACT relating to motor vehicles; establishing a uniform speed limit for school zones; establishing standards for signs used in school zones; requiring certain apparel and devices for use in school zones to be reflective; and providing other matters properly relating thereto.
[Approved May 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A person shall not drive a motor vehicle at a speed in excess of 15 miles per hour in an area designated as a school zone except on a day on which or during the hours when school is not in session.
2. The governing body of a local government or the department of transportation shall designate school zones. An area must not be designated as a school zone if imposing a speed limit of 15 miles per hour would be unsafe because of higher speed limits in adjoining areas.
3. Each such governing body and the department shall provide signs for each school zone which it respectively designates.
Sec. 3. 1. Each permanent sign which designates a school zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.
2. Each portable sign designating a school zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.
3. This section does not prohibit the use of automatic traffic-control devices in school zones in lieu of permanent or portable signs.
Sec. 4. All flags, belts, apparel and devices issued to a pupil or any other person who is controlling or directing traffic near a school, when used during periods of darkness, must be made at least in part with reflective materials which are visible from 300 feet to approaching motorists using lawful lower beams of head lamps.
κ1985 Statutes of Nevada, Page 641 (CHAPTER 182, AB 5)κ
reflective materials which are visible from 300 feet to approaching motorists using lawful lower beams of head lamps.
Sec. 5. NRS 484.369 is hereby amended to read as follows:
484.369 1. The department of transportation may prescribe speed zones, and install appropriate speed signs controlling vehicular traffic on the state highway system as established in chapter 408 of NRS through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.
2. After the establishment of a speed zone and the installation of appropriate [speed-control signs,] signs to control speed, it is unlawful for any person to drive a motor vehicle upon the road and in the speed zone in excess of the speed therein authorized.
[3. The department shall cause to be displayed, in each school zone where the department has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.]
Sec. 6. Section 3 of this act becomes effective on July 1, 1987.
________
Senate Bill No. 192Committee on Government Affairs
CHAPTER 183
AN ACT relating to revenue bonds for generation of electricity; making certain contractual obligations of participants for the purchase of the capacity of a project unconditional; and providing other matters properly relating thereto.
[Approved May 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.699 is hereby amended to read as follows:
244A.699 1. A county which acquired or which contemplates acquiring a project for the generation and transmission of electricity may sell all or part of its capacity and may charge for the use of its transmitting facilities, and for this purpose may contract with one or more purchasers, but the amount sold or charged to any purchaser or any combination thereof must not exceed the amount allowable under the Internal Revenue Code of 1954, as amended, or the United States Treasury Regulations prescribed thereunder so as to result in a change in or loss of the exemption from federal income tax for the interest paid, or to be paid, on any bonds issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project.
2. If a county decides to sell capacity of the project after the expiration of all of the initial contracts for such sale, it shall give a first right of refusal to electric utilities which primarily serve retain customers in this state to purchase that capacity. No right of first refusal arises at any time by virtue of this section if and to the extent that, under the Internal Revenue Code and regulations prescribed thereunder as they exist at that time, such a right of first refusal would or could result in a change in or loss of the exemption from federal income tax for the interest paid or to be paid on any bonds issued or to be issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project.
κ1985 Statutes of Nevada, Page 642 (CHAPTER 183, SB 192)κ
Internal Revenue Code and regulations prescribed thereunder as they exist at that time, such a right of first refusal would or could result in a change in or loss of the exemption from federal income tax for the interest paid or to be paid on any bonds issued or to be issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project.
3. Any agreement between a county and a purchaser of all or part of the capacity of a project may include a provision that the obligation of the purchaser to make payments:
(a) Exists whether or not:
(1) The project or any part thereof is completed, operating or capable of operation; or
(2) The generation of electricity from the project is stopped or reduced for any reason.
(b) Must not be reduced by offset or otherwise.
(c) Is not conditional upon the performance, by any party to the agreement described in this subsection, of that partys obligation under any other agreement.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
A city which operates a municipal utility to distribute electricity may purchase generating capacity on the terms set forth in subsection 3 of NRS 244A.699.
Sec. 3. NRS 318.117 is hereby amended to read as follows:
318.117 [In the case of a district created wholly or in part for acquiring] If a district is created wholly or in part to furnish electric light and power , [improvements,] the board [shall have the power:
1. To acquire, either] may:
1. Acquire, by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including without limitation the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose, works constructed and being constructed by private owners, and all other works and appurtenances, either within or without the State of Nevada.
2. [To furnish,] Furnish, deliver and sell to the public, and to any municipality and to the state and any public institution, heat, light and power service and any other service, commodity or facility which may be produced or furnished in connection therewith.
3. Purchase generating capacity on the terms set forth in subsection 3 of NRS 244A.699.
________
κ1985 Statutes of Nevada, Page 643κ
Assembly Bill No. 334Assemblyman Dini
CHAPTER 184
AN ACT relating to cities; repealing a section of NRS to conform with the Local Government Purchasing Act; amending the charter of the City of Yerington; and providing other matters properly relating thereto.
[Approved May 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.386 is hereby amended to read as follows:
268.386 Any contract made in violation of NRS [268.382 or] 268.384 may be declared void at the instance of the city interested or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.
Sec. 2. NRS 268.382 is hereby repealed.
Sec. 3. Section 2.020 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 903, is hereby amended to read as follows:
Sec. 2.020 City council: Contracts.
[1.] Members of the city council [:
(a) May] may vote on any lease, contract or other agreement which extends beyond their terms of office.
[(b) May not have any interest, directly or indirectly, in any lease, contract or other agreement entered into with the city, but the city council may purchase supplies or services, not to exceed $100 in the aggregate in any 1 calendar month, from any member, when there is no other source of such supplies or service in the city.
2. If a member of the city council furnishes supplies or services pursuant to paragraph (b) of subsection 1, he shall not vote on the allowance of the claim therefor.]
Sec. 4. Section 2.040 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 903, is hereby amended to read as follows:
Sec. 2.040 Meetings: Quorum.
1. The city council shall hold at least two regular meetings each month, on the second and fourth Mondays, and by ordinance may provide for additional regular meetings.
2. If the date of any regular meeting of the city council falls on a legal holiday, the meeting [shall] must be held on the next day which is not a legal holiday.
3. A majority of all members of the city council constitutes a quorum to do business . [, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
4. Except as otherwise provided by law, all sessions and proceedings of the city council shall be public.]
κ1985 Statutes of Nevada, Page 644 (CHAPTER 184, AB 334)κ
Sec. 5. Section 2.050 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 904, is hereby amended to read as follows:
Sec. 2.050 Meetings: Special.
[1.] Special meetings may be held on call of the mayor or by a majority of the city council . [, by giving a minimum of 6 hours notice of such special meeting to each member of the city council prior to the meeting. A special meeting may be held without notice with the unanimous consent of the city council.
2. At a special meeting:
(a) No contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No business may be transacted except such as has been stated in the call of the meeting.
(c) No ordinance may be passed except an emergency ordinance, or one of a kind specified in section 7.030.]
Sec. 6. Section 2.100 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 905, as amended in part, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of the filing, together with an adequate summary of the ordinance, must be published once in a newspaper [qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and] published in the city at least 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the city council. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action on it postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. The determination of the city council that an emergency exists is conclusive upon all persons, and the city council is not required to set forth the nature of the emergency in any ordinance adopted as an emergency ordinance, in the minutes of the city council or otherwise.
κ1985 Statutes of Nevada, Page 645 (CHAPTER 184, AB 334)κ
forth the nature of the emergency in any ordinance adopted as an emergency ordinance, in the minutes of the city council or otherwise.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title [, together with the names of the councilmen voting for or against passage and] with an adequate summary [of the ordinance including any amendments, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance becomes effective.] , and posted in full in the city hall, with the names of the councilmen voting for or against passage.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 7. Section 2.300 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 909, is hereby amended to read as follows:
Sec. 2.300 Powers of city council: [Television franchises.] Franchises for television and cable television.
1. The city council may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a [television installation] system of installing television which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the [television picture.] signals.
2. Any franchise granted [shall] must require a time within which actual construction [shall] is to be commenced, time within which distribution of [television shall] the service is to be completed, and [posting of a bond in an amount to be set by the city council to assure compliance therewith.] any other matters which the city council considers necessary and which do not violate other state law.
________
κ1985 Statutes of Nevada, Page 646κ
Assembly Bill No. 397Committee on Taxation
CHAPTER 185
AN ACT relating to intoxicating liquor; prohibiting the imposition of an excise tax on the sale of liquor by wholesale dealers to military installations within this state; and providing other matters properly relating thereto.
[Approved May 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 369.335 is hereby amended to read as follows:
369.335 1. No excise tax [shall] may be imposed upon the sale of [beer] liquor by licensed wholesale dealers to the following instrumentalities of the Armed Forces of the United States, organized under Army, Air Force or Navy regulations, and located upon territory within the geographical boundaries of the State of Nevada:
(a) Army, Navy or Air Force exchanges.
(b) Officers, noncommissioned officers and enlisted mens clubs or messes.
2. If any wholesale dealer pays the tax on [beer sold to one of the instrumentalities of the Armed Forces of the United States enumerated in subsection 1 after July 1, 1963,] liquor which was exempt at the time it was sold, the taxpayer may obtain a credit or refund with respect to the tax so paid in the manner provided by the department.
________
Assembly Bill No. 446Assemblymen Schofield, Thompson, Price, Banner, Jeffrey and Horne
CHAPTER 186
AN ACT relating to the taxation of motor vehicle fuel; permitting a county to use part of the revenue derived from its tax on that fuel for facilities and programs for the improvement of boating; and providing other matters properly relating thereto.
[Approved May 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
κ1985 Statutes of Nevada, Page 647 (CHAPTER 186, AB 446)κ
control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
2. Each marina shall report monthly to the department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.
Sec. 2. NRS 373.110 is hereby amended to read as follows:
373.110 1. [All] Except as provided in section 1 of this act, all net proceeds of the county motor vehicle fuel tax received by the county pursuant to NRS 373.080 shall be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter.
2. After July 1, 1975, the regional street and highway fund [shall] must be accounted for as a separate fund and not as a part of any other fund.
________
Senate Bill No. 175Committee on Commerce and Labor
CHAPTER 187
AN ACT making an appropriation from the abandoned property trust fund to the division of unclaimed property of the department of commerce for the employment of a consultant and the purchase of a computer; and providing other matters properly relating thereto.
[Approved May 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the abandoned property trust fund created pursuant to NRS 120A.370 to the division of unclaimed property of the department of commerce the sum of $150,000 for the employment of a consultant who is experienced in governmental programs for the reporting and claiming of abandoned and unclaimed property and for the purchase of a computer and related programs and equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 648κ
Assembly Bill No. 474Assemblymen Getto, Beyer and Marvel
CHAPTER 188
AN ACT making an appropriation to the department of education for an experimental educational program for rural schools; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of education the sum of $70,200 for distribution to the White Pine County School District to pay the costs of equipment and personnel for an experimental educational program for rural schools.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. The department of education and the Board of Trustees of the White Pine County School District shall submit a report to the 64th session of the legislature which includes:
1. An itemized statement of all money which was spent on the experimental program;
2. An analysis of the results of the experimental program; and
3. Any appropriate recommendations for the use of similar programs in other schools of the state.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 512Committee on Government Affairs
CHAPTER 189
AN ACT relating to local governmental financing; creating an exception from the limitation on a local governments expenditures or obligations for money received as a grant from the Federal Government; creating a similar exception for certain types of installment purchase agreements; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law.
κ1985 Statutes of Nevada, Page 649 (CHAPTER 189, AB 512)κ
amounts appropriated for that function, other than bond repayments, short-term financing repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works, funds for which have been provided by the proceeds of a sale of bonds or short-term financing. Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person, firm or corporation solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.
(h) Long-term contracts for the furnishing of television broadcast translator signals as authorized by NRS 269.127.
(i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.
(j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.
________
κ1985 Statutes of Nevada, Page 650κ
Assembly Bill No. 122Assemblyman Dini
CHAPTER 190
AN ACT relating to elections; decreasing the filing fee for a candidate for trustee of a county school district; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.193 is hereby amended to read as follows:
293.193 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy shall be paid to the filing officer by cash, cashiers check or certified check.
United States Senator.................................................................................... $250
Representative in Congress......................................................................... 150
Governor.......................................................................................................... 150
Justice of the supreme court........................................................................ 150
Any state office, other than governor or justice of the supreme court. 100
Any district office.......................................................................................... 75
Any county office other than a trustee of a school district.................. 40
State senator................................................................................................... 30
Assemblyman................................................................................................. 15
Trustee of a county school district............................................................. 15
Justice of the peace, constable or other town or township office.......... 10
2. No filing fee [shall] may be required from a candidate for an office the holder of which receives no compensation.
3. The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.
________
κ1985 Statutes of Nevada, Page 651κ
Senate Bill No. 29Committee on Commerce and Labor
CHAPTER 191
AN ACT relating to marriage and family counselors; increasing the fees for certification; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 641A.290 is hereby amended to read as follows:
641A.290 [The amount of fees payable to the board pursuant to this chapter shall be fixed by the board according to the following schedule:
1. Examination fee ................................................................................................ $30
2. Certification fee................................................................................................. 15
3. Biennial registration fee, not less than $20 nor more than $80, as determined by the board.
4. Restoration of a certificate revoked for nonpayment of the biennial registration fee, not less than $20 nor more than $80, as determined by the board.
5. Application fee.................................................................................................. 15
6. Certification by endorsement under the provision of NRS 641A.240.......$50]
The board shall charge and collect not more than the following fees, respectively:
For application for a certificate..................................................................... $25
For examination of an applicant for a certificate....................................... 50
For issuance of a certificate............................................................................ 25
For issuance of a certificate by reciprocity.................................................. 75
For biennial renewal of a certificate............................................................. 200
For reinstatement of a certificate revoked for nonpayment of the fee for biennial renewal...................................................................................................... 100
________
Senate Bill No. 273Committee on Human Resources and Facilities
CHAPTER 192
AN ACT relating to public schools; extending the existence of the commission on professional standards in education; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 538, Statutes of Nevada 1979, as last amended by chapter 281, Statutes of Nevada 1983, at page 676, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 652 (CHAPTER 192, SB 273)κ
Sec. 4. This act expires by limitation on July 1, [1985.] 1987.
________
Assembly Bill No. 297Assemblymen Thomas, Zimmer, Swain, Arberry, Nevin, Tebbs, Schofield, Jeffrey, Joerg, Beyer, Thompson, Roberts, Humke, Craddock, Coffin, Spriggs, Collins, Stone, DuBois, Francis, Kerns, McGaughey, Bogaert, Williams, Little, Fairchild, Rader, Lambert, ODonnell, Banner and Bergevin
CHAPTER 193
AN ACT making an appropriation to the department of museums and history for purchase of certain equipment for museums in Las Vegas and Carson City; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of museums and history the sum of $191,747 for the purchase of certain equipment for the museum at Lorenzi Park in Las Vegas and the Virginia and Truckee Railroad Museum in Carson City.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 308Committee on Education
CHAPTER 194
AN ACT relating to state arboreta; requiring the board of regents of the University of Nevada to establish one at each branch; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 527 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of regents of the University of Nevada shall establish a state arboretum at each of its branches to increase the knowledge and appreciation of the public of flora indigenous to Nevada and from other areas and to provide a place where they may be planted and cultivated as memorials.
κ1985 Statutes of Nevada, Page 653 (CHAPTER 194, AB 308)κ
2. The board of regents shall adopt regulations for the establishment and maintenance of the arboreta.
________
Senate Bill No. 97Committee on Transportation
CHAPTER 195
AN ACT relating to motor vehicles; specifying who may seize improperly registered vehicles; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.540 is hereby amended to read as follows:
482.540 1. Any police officer , [of the Nevada highway patrol,] without a warrant, may seize and take possession of any vehicle which is being operated with improper registration, or which the [patrol] officer has probable cause to believe has been stolen, or on which any motor number, manufacturers number or identification mark has been defaced, altered or obliterated.
2. [Any officer of the Nevada highway patrol so seizing or taking possession of such vehicle shall immediately notify the Nevada highway patrol of such action and shall hold the vehicle until notified by the Nevada highway patrol as to what further action should be taken regarding the disposition of the vehicle.
3. Any investigator of the bureau of enforcement of the registration division of the department may seize and take possession of any vehicle, without a warrant, if he has probable cause to believe that the vehicle has been stolen, is being operated with improper registration or that its motor number, manufacturers number or identification mark has been defaced, altered or obliterated.] As used in this section police officer means:
(a) Any officer of the Nevada highway patrol;
(b) Any investigator of the bureau of enforcement of the registration division of the department;
(c) Sheriffs of counties and of metropolitan police departments and their deputies; and
(d) Marshals and policemen of cities and towns.
________
κ1985 Statutes of Nevada, Page 654κ
Senate Bill No. 58Senator Neal
CHAPTER 196
AN ACT relating to insurance; authorizing certain insurers to invest in the African Development Bank; and providing other matters properly relating thereto.
[Approved May 14, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 682A.070 is hereby amended to read as follows:
682A.070 An insurer may invest in the obligations, and in stock [where] that are stated, issued, assumed or guaranteed by the following agencies [of the Government] of the United States , [of America,] or in which [such government] the Federal Government is a participant, whether or not [such] those obligations are guaranteed by [such government:] the Federal Government:
1. Farm Loan Bank.
2. Commodity Credit Corporation.
3. Federal Intermediate Credit Banks.
4. Federal Land Banks.
5. Central Bank for Cooperatives.
6. Federal Home Loan Banks, and stock thereof.
7. Federal National Mortgage Association, and stock thereof [when] if acquired in connection with the sale of [mortgage loans to such] loans for mortgages to that association.
8. United States Postal Service.
9. International Bank for Reconstruction and Development.
10. Inter-American Development Bank.
11. Asian Development Bank.
12. African Development Bank.
13. Any other similar agency of, or participated in by, [the Government of] the United States [of America] and of similar financial [quality.] stability.
Sec. 2. NRS 616.4972 is hereby amended to read as follows:
616.4972 1. The manager may invest and reinvest the money in the funds of the system in bonds or other evidences of indebtedness of the United States [of America] or any of its agencies or instrumentalities [when such] if those obligations are guaranteed as to principal and interest by the United States [of America] or by any agency or instrumentality thereof.
2. The manager may invest and reinvest the money in the funds of the system in obligations [of] :
(a) Of the United States Postal Service or the Federal National Mortgage Association, whether or not guaranteed as to principal and interest by the United States . [of America.
3. The manager may invest and reinvest the money in the funds of the system in obligations issued]
κ1985 Statutes of Nevada, Page 655 (CHAPTER 196, SB 58)κ
(b) Issued or guaranteed by the International Bank for Reconstruction and Development , [and] the Inter-American Development Bank [.] and the African Development Bank.
________
Senate Bill No. 117Committee on Government Affairs
CHAPTER 197
AN ACT relating to administrative regulations; authorizing the review of certain forms by the legislative commission for conformity with statutory authority; and providing other matters properly relating thereto.
[Approved May 15, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 233B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who objects to the content of a form required by an agency to be used in submitting an application, making a declaration or providing other information may request the legislative commission to determine whether the information required and the instructions for its preparation conform to the statutory authority under which the agency requires it. The legislative commission may also make such a determination on its own motion.
2. If the legislative commission finds that any part of the information or instructions does not conform to statutory authority, the director of the legislative counsel bureau shall so notify the agency. Thereafter, unless it can and does so modify the form as to remove entirely the part which was found not to conform, the agency shall not use the form until it has submitted a revised version to the legislative commission and received the commissions approval.
3. If the agency chooses instead not to revise the form, it shall not use the form until after the expiration of the first 30 days of the next regular session of the legislature. Unless within that time the legislature by concurrent resolution declares that the form must not be used, the agency thereafter may use it.
________
κ1985 Statutes of Nevada, Page 656κ
Assembly Bill No. 300Assemblymen Nevin, Bogaert and Beyer
CHAPTER 198
AN ACT relating to water meters; permitting the installation and use of a water meter with the written consent of the owner of the property on which it is installed; requiring water meters in certain buildings; and providing other matters properly relating thereto.
[Approved May 15, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.230 is hereby amended to read as follows:
704.230 1. Except as otherwise provided in this section or in any special law for the incorporation of a city, it is unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical [watermeter,] water meters or similar mechanical device, to measure the quantity of water delivered to residential water users.
2. A public utility which furnishes water shall file with the commission a schedule establishing a separate individual and joint rate or charge for residential users who have installed [watermeters] water meters or similar devices to measure the consumption of water.
3. A [watermeter] water meter or similar device may be installed to measure the consumption of water by a residential customer : [only:]
(a) With the consent of the customer; and
(b) To obtain information concerning a representative sample of residential customers [in order] to determine what benefits, if any, would be derived from the installation and use of [watermeters] water meters for residential customers generally.
Unless the residential customer has agreed, in writing, to pay the separate rate, the public utility shall charge the residential customer for whom such a meter is installed the same amount for water used as if no meter had been installed.
4. A water meter or similar device may be installed to measure the quantity of water delivered and determine the charge to residential users of water if:
(a) The owner of the property on which it is installed consents in writing to the installation, operation and use of the device; and
(b) The written consent is recorded with the county recorder of the county in which the property is located.
The written consent binds any successor in interest to that property to the provisions thereof.
5. Every newly constructed residential building which is occupied for the first time after July 1, 1988, must be equipped with a water meter.
κ1985 Statutes of Nevada, Page 657 (CHAPTER 198, AB 300)κ
6. This section does not apply to cities and towns owning and operating municipal waterworks, or to cities and towns located in counties having a population of 250,000 or more.
________
Senate Bill No. 154Senators Wilson, Gibson, Wagner, Neal, Raggio, Foley, Robinson, Jacobsen, Horn, Mello, Bilbray, Glover, Townsend, Ryan, Vergiels, Rhoads, Redelsperger, OConnell, Shaffer, Rawson and Hickey
CHAPTER 199
AN ACT relating to labor organizations; authorizing a local organization to require local administration of plans which provide benefits for its members; and providing other matters properly relating thereto.
[Approved May 15, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 614 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The legislature hereby declares that:
(a) Employees who are members of labor organizations are entitled to reasonable assurances that money they contribute for plans which provide health, welfare, pension or other similar benefits is being used for the intended purpose.
(b) Local labor organizations cannot control the use of money contributed for such plans if the plans are managed and operated in another state for labor organizations of which the local organization is an affiliate.
(c) A local labor organization should be entitled to require local administration of such plans if the organization so elects.
2. Nothing in this section:
(a) Relates to any plan for providing the benefits described in paragraph (a) of subsection 1. This section relates only to the determination by a local labor organization to establish a locally administered plan for its members.
(b) Purports to impair any obligation under an existing contract.
3. A labor organization whose members are employed in this state may elect to require administration in this state of any plan for providing health, welfare, pension or other similar benefits for its members. If such a plan is being administered on behalf of an organization of which the local labor organization is an affiliate, the local organization may elect to discontinue its members contributions to the plan and establish a separate plan for its members which is administered by a trustee in this state.
________
κ1985 Statutes of Nevada, Page 658κ
Assembly Bill No. 222Assemblymen Stone, Nevin, Thompson, Williams, Roberts, Zimmer, ODonnell, Arberry, Little, Sader, Malone, Rader, Swain, Kerns, Banner, Schofield, Collins, Price, Spriggs, DuBois, McGaughey, Jeffrey, Francis, Coffin, Dini, Craddock, Bogaert and Sedway
CHAPTER 200
AN ACT relating to collective bargaining by local governments; extending the provisions for binding arbitration for firemen; and providing other matters properly relating thereto.
[Approved May 16, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 462, Statutes of Nevada 1977, as amended by section 10 of chapter 743, Statutes of Nevada 1981, at page 1871, is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 659κ
Senate Bill No. 234Senators Bilbray, Horn, Foley, Gibson, Glover, Hickey, Jacobsen, Mello, Neal, OConnell, Raggio, Rawson, Redelsperger, Rhoads, Robinson, Ryan, Shaffer, Townsend, Vergiels, Wagner and Wilson
CHAPTER 201
AN ACT relating to motor vehicles; requiring a reading of a vehicles odometer to be entered on the certificate of ownership; and providing other matters properly relating thereto.
[Approved May 16, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.245 is hereby amended to read as follows:
482.245 [Certificates of registration and of ownership shall meet the following requirements:]
1. The certificate of registration [shall] must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the department.
2. The certificate of ownership [shall] must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicles odometer as provided to the department by the person making the sale or transfer, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership [shall] must contain forms for notice to the department of a transfer of the titled or interest of the owner or lienholder and application for registration by the transferee.
________
Senate Bill No. 140Committee on Transportation
CHAPTER 202
AN ACT relating to motor vehicles; increasing the maximum length and width to conform with federal law; permitting a trailer coach or mobile home to be moved on Saturday, Sunday or a legal holiday; and providing other matters properly relating thereto.
[Approved May 16, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.739 is hereby amended to read as follows:
484.739 1. No bus or motortruck may exceed a length of 40 feet.
κ1985 Statutes of Nevada, Page 660 (CHAPTER 202, SB 140)κ
2. Except as provided in subsections 3 and 6, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
3. The department of transportation, by regulation, shall provide for the operation of [vehicle] combinations of vehicles in excess of 70 feet in length, but in no event exceeding 105 feet. The regulations must establish standards for the operation of such vehicles, which standards must be consistent with their safe operation upon the public highways and must include, but not be limited to, the following:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles is not permitted on highways where, in the opinion of the department of transportation, their use would be inconsistent with the public safety [due to] because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.
4. [Vehicle combinations] Combinations of vehicles operated under the provisions of subsection 3 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of transportation, carry [vehicle] loads not to exceed the values set forth in the following formula: W = 500 [LN/(N-1) + 12N + 36], wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
The distance between axles must be measured to the nearest foot. When a fraction is exactly one-half foot , the next largest whole number must be used. Such permits may be restricted in such manner as the department of transportation [deems] considers necessary and may, at the option of the department , be canceled without notice. No such permits may be issued for operation on any highway where that operation would prevent the state from receiving federal [funds] money for highway purposes.
5. Upon approving an application for a permit to operate [vehicle] combinations of vehicles under the provisions of subsection 4, the department of transportation shall withhold issuance of the permit until such time as the applicant has furnished proof of compliance with the provisions of NRS 706.531.
6. The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and [no] a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 3 or to NRS 484.737.
κ1985 Statutes of Nevada, Page 661 (CHAPTER 202, SB 140)κ
feet without having secured a permit pursuant to subsection 3 or to NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:
(a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.
(b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.
(c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.
(d) The drivers vision is not impaired by the projecting or supporting structure.
7. Lights and other warning devices which are required to be mounted on a vehicle under this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.
8. The section does not apply to [vehicles] :
(a) Vehicles used by a public utility for the transportation of poles [.] ;
(b) A combination of vehicles consisting of a tractor drawing a semitrailer that does not exceed 48 feet in length; or
(c) A combination of vehicles consisting of a tractor drawing a semitrailer and a trailer, neither of which exceeds 28 ½ feet in length.
Sec. 2. NRS 484.759 is hereby amended to read as follows:
484.759 1. As used in this section and NRS 484.760, special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The department of transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of the department or governing body granting that permit.
3. Except as otherwise provided in NRS 484.7595 to 484.7631, inclusive, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon is [96] 102 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire must not exceed [102] 108 inches, and the outside width of the body of the vehicle or the load thereon must not exceed [96] 102 inches.
κ1985 Statutes of Nevada, Page 662 (CHAPTER 202, SB 140)κ
width of the body of the vehicle or the load thereon must not exceed [96] 102 inches.
5. Lights or devices which must be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, but the maximum width must not exceed [120] 126 inches.
6. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, but the maximum width of body and door handles, hinges, cable cinchers or chair binders must not exceed [102] 108 inches.
7. A person shall not operate a passenger vehicle on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
Sec. 3. NRS 484.7605 is hereby amended to read as follows:
484.7605 1. If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, the load of loosely piled material and any loading racks retaining the load must not exceed 120 inches in width.
2. The provisions of NRS 484.759 with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved [over a] as a load on another vehicle over:
(a) A highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., [as a load on another vehicle,] if the load exceeds [96] 102 inches in width [, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle,] ; or
(b) Any other highway, if the load exceeds 120 inches in width,
the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour.
Sec. 4. NRS 484.762 is hereby amended to read as follows:
484.762 1. The department of transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as otherwise provided in NRS 484.7625, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side. The department of transportation may establish seasonal or other [time] limitations on the time within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be [deemed] considered necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation.
κ1985 Statutes of Nevada, Page 663 (CHAPTER 202, SB 140)κ
provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this section may be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
(a) The power unit used to tow [overwidth trailers or mobile homes] an overwidth trailer coach or mobile home having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.
(b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.
(c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745 relating to [axle weight limitations.] maximum weight on axles.
(d) The insurer must furnish evidence of insurance verifying coverage of the overwidth trailer coach or mobile home in the [amounts] amount of $100,000 because of bodily injury to or death of one person in any one accident, [and subject to such a limit for one person,] in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.
2. A permit which has been issued for the movement of a trailer coach or mobile home is not valid between sunset and sunrise . [nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays.] The director of the department of transportation may establish additional reasonable regulations, consistent with this section, including regulations concerning the movement of a trailer coach or mobile home on a Saturday, Sunday or a legal holiday, as he [deems] considers necessary in the interest of public safety.
Sec. 5. NRS 484.7631 is hereby amended to read as follows:
484.7631 1. The department of transportation with respect to highways under its jurisdiction and [governing bodies of cities and counties] the governing body of a city or county with respect to highways under [their] its jurisdiction shall, upon application in writing, issue a permit to operate [, for a single trip,] a vehicle, or a vehicle with a load, having a width exceeding the legal maximum width but not exceeding 120 inches in width on a highway , [between sunrise and sunset on Saturdays, Sundays, and holidays,] unless the department or governing body determines that [such an] the operation would be a safety hazard or would unduly impede the flow of traffic.
2. The department of transportation with respect to highways under its jurisdiction and the governing body of a city or county with respect to highways under its jurisdiction may adopt regulations providing for an annual permit or a permit for a single trip for a vehicle, or a vehicle with a load exceeding 120 inches in width and limiting the movement of the vehicle to certain hours of the day, days of the week or routes considered necessary to protect public safety.
κ1985 Statutes of Nevada, Page 664 (CHAPTER 202, SB 140)κ
Sec. 6. NRS 484.7611 is hereby repealed.
________
Assembly Bill No. 450Assemblymen Jeffrey, Schofield, Bilyeu, Joerg, Dini, Thompson, Williams, Nevin and Swain
CHAPTER 203
AN ACT relating to industrial insurance; requiring an insurer to pay the costs of first aid and transportation to the nearest place of proper treatment for an injured employee; and providing other matters properly relating thereto.
[Approved May 16, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.340 is hereby amended to read as follows:
616.340 1. Every employer within the provisions of this chapter, shall, immediately upon the occurrence of an injury to any of his employees, render to the injured employee all necessary first aid, including the cost of transportation of the injured employee to the nearest place of proper treatment [where] if the injury is such as to make it reasonably necessary for such transportation.
2. Each such employer who is not self-insured or his agent shall within 6 working days following receipt of knowledge of an injury to an employee, notify the insurers claims administrator in writing of the accident.
3. [The insurer may pay the costs of rendering such] An employer who is not self-insured is entitled to receive reimbursement from his insurer for the costs incurred in rendering the necessary first aid and transportation of [the] an injured employee [of an employer who is not self-insured,] to the nearest place of proper treatment . [if the employer fails or refuses to pay the costs. The administrator may charge to and collect from the employer, as reimbursement, the amount of the costs incurred by the insurer in providing such first aid and transportation services to the injured employee.]
4. Any employer who fails to comply with the provisions of subsection 2 may be fined not more than $250 for each [such] failure.
________
κ1985 Statutes of Nevada, Page 665κ
Assembly Bill No. 360Committee on Government Affairs
CHAPTER 204
AN ACT relating to insurance; authorizing local governments to enter into cooperative agreements to purchase insurance or to establish a plan of self-insurance; exempting local governments from the obligation of providing industrial insurance for independent contractors; and providing other matters properly relating thereto.
[Approved May 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.275 is hereby amended to read as follows:
616.275 Where the state, county, municipal corporation, school district, a metropolitan police department, a city under special charter and commission form of government, or a contractor under [the state, county, municipal corporation, school district, a metropolitan police department or a city under special charter and commission form of government,] such governmental entities, is the employer, the [terms, covenants, conditions and] provisions of this chapter [for the payment of premiums to the state insurance fund and the accident benefit fund,] for the payment of compensation and the amount thereof, [for such] and, unless the employer is self-insured, for the payment of premiums to the state insurance fund and the accident benefit fund, for any injury sustained by an employee [of such employer, shall be] are conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.
Sec. 2. NRS 616.280 is hereby amended to read as follows:
616.280 Before any person, firm or corporation commences work under any contract with the state or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the public authority having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. No political subdivision or metropolitan police department may furnish coverage for industrial insurance for a contractor except as otherwise agreed in the contract.
Sec. 3. NRS 617.210 is hereby amended to read as follows:
617.210 Before any person, firm or corporation commences work under any contract with the state or any political subdivision thereof, the contractor shall furnish to the public authority having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. No political subdivision may furnish coverage under this chapter for a contractor except as otherwise agreed in the contract.
Sec. 4. NRS 277.045 is hereby amended to read as follows:
277.045 1. Except as limited by NRS 280.105, any two or more political subdivisions of this state, including without limitation counties, incorporated cities and towns, unincorporated towns, school districts and special districts, may enter into a cooperative agreement for the performance of any governmental function.
κ1985 Statutes of Nevada, Page 666 (CHAPTER 204, AB 360)κ
and special districts, may enter into a cooperative agreement for the performance of any governmental function. Such an agreement may include the furnishing or exchange of personnel, equipment, property or facilities of any kind, [or] the payment of money [.] , the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, other than workmens compensation and employers liability, as that term is defined in NRS 681A.020;
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070; or
(e) Insurance for any combination of these kinds.
2. Every such agreement must be by formal resolution or ordinance of the governing body of such political subdivision included, and must be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.
3. Each participating political subdivision shall provide in its annual budget for any expense to be incurred under any such agreement, the money for which is not made available through grant, gift or other source.
________
Assembly Bill No. 111Committee on Labor and Management
CHAPTER 205
AN ACT relating to industrial insurance; changing the title of the state industrial attorney; modifying the procedure for the appeal of a contested claim; and providing other matters properly relating thereto.
[Approved May 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.182 is hereby amended to read as follows:
616.182 1. Except as otherwise provided in this section, the department of industrial relations shall regulate insurers under this chapter and chapter 617 of NRS and investigate insurers regarding compliance with statutes and the departments regulations.
2. The commissioner of insurance is responsible for reviewing rates, investigating the solvency of insurers and certifying self-insured employers pursuant to NRS 616.291 to 616.298, inclusive, 616.337 and 616.338.
3. The department of administration is responsible for administrative appeals relating to workers compensation pursuant to NRS 616.541 to 616.544, inclusive. The system is responsible for administrative appeals pursuant to NRS 616.392.
4. The state industrial claimants attorney is responsible for legal representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.
κ1985 Statutes of Nevada, Page 667 (CHAPTER 205, AB 111)κ
representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.
Sec. 2. NRS 616.2235 is hereby amended to read as follows:
616.2235 1. Except as provided in subsection 2, each self-insured employer and other employer covered under the provisions of NRS 616.255 and 616.256 shall compensate the system, the office of the state industrial claimants attorney or the hearings division of the department of administration, as appropriate, for all services which the system, the occupational safety and health review board, the state industrial claimants attorney, the hearing officers and the appeals officers provide to those employers if the rate is established by a regulation of the system. The cost of any service for which a rate is not established by regulation must be negotiated by the employer and the system, the state industrial claimants attorney or the division, as appropriate, before the employer is charged for the service.
2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the system, the office of the state industrial claimants attorney, the division or other employers.
Sec. 3. NRS 616.253 is hereby amended to read as follows:
616.253 1. The office of state industrial claimants attorney is hereby created. The governor shall appoint the state industrial claimants attorney for a term of 4 years.
2. The state industrial claimants attorney:
(a) Must be an attorney licensed to practice law in this state.
(b) Is in the unclassified service of the state.
(c) Shall not engage in the private practice of law.
3. The duties of the state industrial claimants attorney are limited to those prescribed by NRS 616.2537 and 616.2539.
Sec. 4. NRS 616.2531 is hereby amended to read as follows:
616.2531 1. The state industrial claimants attorney may employ:
(a) A deputy state industrial claimants attorney who [shall be] is in the unclassified service of the state.
(b) Clerical and other necessary staff who [shall be] are in the classified service of the state.
2. The deputy [state industrial attorney] must be an attorney licensed to practice law in this state and shall not engage in the private practice of law.
Sec. 5. NRS 616.2533 is hereby amended to read as follows:
616.2533 1. The state industrial claimants attorney shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.
2. The state industrial claimants attorney shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies. The budget division of the department of administration shall administer the budget of the state industrial claimants attorney.
Sec. 6. NRS 616.2535 is hereby amended to read as follows:
616.2535 1. Any claimant may request the appointment of the state industrial claimants attorney to represent him.
κ1985 Statutes of Nevada, Page 668 (CHAPTER 205, AB 111)κ
state industrial claimants attorney to represent him. The request must be made in writing.
2. The appeals officer shall consider each request within a reasonable time and shall make any inquiry as he deems necessary. If the appeals officer finds that the claimant would be better served by legal representation in his case, the appeals officer shall appoint the state industrial claimants attorney to represent him.
Sec. 7. NRS 616.2537 is hereby amended to read as follows:
616.2537 1. The state industrial claimants attorney shall, when appointed by an appeals officer, represent without charge a claimant before the appeals officer or the district court.
2. When representing a claimant, the state industrial claimants attorney shall:
(a) Advise the claimant and present his case to the appeals officer; and
(b) Present in the district court an appeal from the decision of the appeals officer if, in the opinion of the state industrial claimants attorney, the appeal is merited.
Sec. 8. NRS 616.2539 is hereby amended to read as follows:
616.2539 1. The provisions of NRS 616.253 to 616.2539, inclusive, do not prevent any claimant from engaging private counsel at any time , [;] but the employment of private counsel relieves the state industrial claimants attorney from further presentation of the claimants case. Any claimant who uses the services of the state industrial claimants attorney and who also retains private counsel shall reimburse the department for the reasonable cost of the services of the state industrial claimants attorney.
2. The state industrial claimants attorney shall submit a report to the governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his office.
Sec. 9. NRS 616.5412 is hereby amended to read as follows:
616.5412 1. Any person who is subject to the jurisdiction of the hearing officers under this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within his authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.
2. A person who is aggrieved by a decision of an insurer may appeal from the decision by filing a request for a hearing before a hearing officer. Such a request must be filed within [30] 60 days after the date on which the notice of its decision was mailed by the insurer.
3. Failure to file a request for a hearing within the period specified in subsection 2 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.
κ1985 Statutes of Nevada, Page 669 (CHAPTER 205, AB 111)κ
Sec. 10. NRS 616.5416 is hereby amended to read as follows:
616.5416 1. The hearing officer shall, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request.
2. The hearing officer shall give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled.
3. If necessary to resolve a medical question concerning an injured employees condition, the hearing officer may refer the employee to a physician chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a physician designated by the administrator. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer shall prepare written findings of facts and render his decision within 15 days after:
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
5. The hearing officer shall give notice of his decision to each party by mail. He must include with the notice of his decision the necessary forms for appealing from the decision.
Sec. 11. NRS 616.5422 is hereby amended to read as follows:
616.5422 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within [30] 60 days after the date of the decision.
2. The filing of a notice of appeal does not automatically stay the enforcement of the decision of the hearing officer. The appeals officer may order a stay, when appropriate, upon the application of a party.
3. The appeals officer shall, within 10 days after receiving a notice of appeal, schedule a hearing for a date and time within 60 days after his receipt of the notice and give notice by mail or by personal service to all parties to the appeal and their attorneys or agents at least 30 days before the date and time scheduled.
[3.] 4. An appeal may be continued upon written stipulation of all parties, or upon good cause shown, but not for more than 45 days after the date of the stipulation. Notice of continuance must be given by mail or by personal service to all interested parties.
5. Failure to file a notice of appeal within the period specified in subsection 1 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to appeal the decision. The claimant, employer or insurer shall notify the hearing officer of a change of address.
Sec. 12. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 670κ
Assembly Bill No. 244Committee on Ways and Means
CHAPTER 206
AN ACT making an appropriation to the department of administration for bill drafts for executive agencies and the judicial department for the 63rd session of the Nevada legislature; and providing other matters properly relating thereto.
[Approved May 17, 1985]
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 budget division of the department of administration the sum of $90,000 for the preparation of bill drafts for executive agencies and the judicial department of the state, for the 63rd session of the Nevada legislature.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1986, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 204Senators Ryan and OConnell
CHAPTER 207
AN ACT relating to public works; requiring a public body to give a preference to a bidder domiciled in this state over a bidder domiciled in another state to the same extent required by the domicile of the other bidder; and providing other matters properly relating thereto.
[Approved May 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if a bidder on any contract for a public work to be let by a public body has his principal place of business in another state, he may not be awarded the contract unless he submits a bid which is lower than the lowest bid of a domestic contractor by the same percentage that would be required by the state in which his principal place of business is located of a bidder who has his principal place of business in this state and who is seeking the award of a similar contract in that other state, as compared to a bidder domiciled in that state.
2. If any federal statute or regulation would preclude the granting of federal assistance for a particular public work because of the provisions of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
κ1985 Statutes of Nevada, Page 671 (CHAPTER 207, SB 204)κ
of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.
________
Assembly Bill No. 202Committee on Judiciary
CHAPTER 208
AN ACT relating to municipal courts; eliminating duplicative statutes; consolidating related provisions; and providing other matters properly relating thereto.
[Approved May 17, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 5.010 is hereby amended to read as follows:
5.010 [A] There must be in each city a municipal court presided over by a municipal judge. The municipal court must be held [by a judge who is designated as municipal judge, and the court must be held] at such place in the city within which it is established as the governing body of that city may by ordinance direct.
Sec. 2. NRS 5.020 is hereby amended to read as follows:
5.020 1. Except as provided in subsection 2, each municipal judge must be chosen by the electors of the city within which the municipal court is established on a day to be fixed by the governing body of that city. He shall hold his office for 1 year, unless a longer period is fixed by the charter of the city, in which case he shall hold his office for that longer period. Before entering upon his duties a municipal judge shall take the constitutional oath of office. A municipal judge must:
(a) Be a citizen of the state;
(b) Except as otherwise provided in the charter of a city organized under a special charter, have been a bona fide resident of the city for not less than 1 year next preceding his election; and
(c) Be a qualified elector in the city.
2. The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.
Sec. 3. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction of civil actions or proceedings:
(a) For the violation of any ordinance of their respective cities.
(b) To prevent or abate a nuisance within the limits of their respective cities.
[(c) For the collection of any amounts due their respective cities in a proprietary capacity.]
2. The municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities.
3. The municipal courts have jurisdiction of:
κ1985 Statutes of Nevada, Page 672 (CHAPTER 208, AB 202)κ
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $1,250.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $1,250.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $1,250.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $1,250.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $1,250.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears by the pleadings of the verified answer that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
Sec. 4. NRS 5.060 is hereby amended to read as follows:
5.060 1. Municipal judges and municipal courts may issue all legal process, writs and warrants necessary and proper to the complete exercise of their powers.
2. All warrants issued by the municipal court must run to any sheriff or constable of the county, or to the marshal or any policeman of the city.
3. Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of a city.
Sec. 5. NRS 266.405 is hereby amended to read as follows:
266.405 1. In addition to the mayor and city council, there may be elected in each city of the first or second class a city clerk, a city treasurer, a municipal judge and a city attorney. All elective officers shall hold their respective offices for 4 years and until their successors are elected and qualified [; but] , except that cities of the third class may by ordinance regularly adopted provide that the mayor and city councilmen must be elected and shall hold office for a period of 2 years.
2. In cities of the third class, the mayor, by and with the advice and consent of the city council, may appoint any or all such officers as may be deemed expedient, and such appointive officers shall hold their respective offices during the pleasure of the mayor and city council.
[3. The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.]
κ1985 Statutes of Nevada, Page 673 (CHAPTER 208, AB 202)κ
justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.]
Sec. 6. Section 123 of the charter of Boulder City is hereby amended to read as follows:
Section 123. Municipal judge [; qualifications; appointment] : Bond
The municipal [court shall be presided over by a municipal judge, who shall be a citizen of the state, a bona fide resident of Clark County for a period of at least one year next preceding his appointment, and he shall be a registered voter in Clark County. He] judge shall, before entering upon the discharge of his duties, make and execute to the City a good and sufficient bond in such sum and condition as the Council may prescribe.
Sec. 7. Section 4.020 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 66, is hereby amended to read as follows:
Sec. 4.020 Municipal judge.
[1. The municipal judge shall preside over the municipal court.
2.] The salary of the municipal judge [shall] must be fixed by the city council.
Sec. 8. Section 4.020 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 203, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Justice of peace of Carlin Township ex officio municipal judge; [qualifications] appointment of municipal judge . [; salary.]
1. The municipal court [shall] must be presided over by the justice of the peace of Carlin Township as ex officio municipal judge.
2. If the office of justice of the peace of Carlin Township ceases to exist the municipal court shall be presided over by a municipal judge appointed by the board of councilmen. [The municipal judge so appointed shall be:
(a) A resident of the city for a continuous 1-year period immediately preceding his appointment.
(b) A qualified elector for a continuous 1-year period immediately preceding his appointment.]
Sec. 9. Section 4.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 205, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Municipal judge.
[1. The board of supervisors shall appoint a municipal judge to preside over the municipal court. Such person shall be:
(a) A resident of the city for not less than 1 year immediately preceding his appointment.
(b) A qualified elector within the city.
2.] The salary of the municipal judge [shall] must be fixed by the board of supervisors.
κ1985 Statutes of Nevada, Page 674 (CHAPTER 208, AB 202)κ
Sec. 10. Section 4.020 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 396, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Municipal judge.
1. [The board of councilmen shall appoint a municipal judge to preside over the municipal court.
2.] The salary of the municipal judge [shall] must be fixed by the board of councilmen.
[3. The municipal judge shall be:
(a) A resident of the city for not less than 1 year prior to his appointment.
(b) A qualified elector in the city.]
Sec. 11. Section 4.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 207, is hereby amended to read as follows:
Sec. 4.020 Municipal court: [Qualifications] Residency requirement of municipal judge; salary.
1. [The municipal court shall be presided over by a] A municipal judge [, who shall be:
(a) A] must have been a resident of the city for a continuous 3-year period immediately preceding his election.
[(b) A qualified elector.]
2. The salary of the municipal judge [shall] must be fixed by the city council.
Sec. 12. Section 4.010 of the charter of the city of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1412, is hereby amended to read as follows:
Sec. 4.010 Municipal court.
1. There is a municipal court of the city which consists of at least two departments . [, each of which must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by, chapters 5 and 266 of NRS which relate to municipal courts.]
2. The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.
3. At the first general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of 2 or 4 years, as determined by the city council, in order to effectuate the intent of this provision that, as nearly as practicable, one-half of the number of municipal judges be elected every 2 years.
4. The respective departments of the municipal court must be numbered 1 through the appropriate arabic number, as additional departments are approved by the city council.
κ1985 Statutes of Nevada, Page 675 (CHAPTER 208, AB 202)κ
departments are approved by the city council. A municipal judge must be elected for each department by number.
Sec. 13. Section 4.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 209, is hereby amended to read as follows:
Sec. 4.020 Municipal court: [Qualifications] Residency requirement of municipal judge; salary.
1. [The municipal court shall be presided over by a] A municipal judge [, who shall be:
(a) A] must have been a resident of the city for a continuous 2-year period immediately preceding his election.
[(b) A qualified elector of the city.]
2. If so required by an ordinance duly enacted, candidates for the office of municipal judge, at the time of filing, shall produce evidence in satisfaction of any or all of the qualifications [provided in subsection 1.] for office.
3. The salary of the municipal judge [shall] must be fixed by the city council.
Sec. 14. Section 4.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 373, Statutes of Nevada 1979, at page 645, is hereby amended to read as follows:
Sec. 4.010 Municipal court.
[There shall be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, apply.] The municipal court must include one department and may include additional departments in the discretion of the city council. If the city council determines to create additional departments, it shall do so by resolution and may appoint additional municipal judges to serve until the next municipal election.
Sec. 15. Section 4.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1395, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary.
1. [The municipal court shall be presided over by a municipal judge, or judges as provided in section 4.010, who shall] A municipal judge must be:
(a) An attorney licensed to practice law in the State of Nevada.
(b) A resident of the city for at least 6 months.
[(c) A qualified elector of the city.]
2. The municipal judge or judges shall not engage in the private practice of law.
3. The salary of the municipal judge or judges [shall] must be fixed by resolution of the city council.
κ1985 Statutes of Nevada, Page 676 (CHAPTER 208, AB 202)κ
Sec. 16. Section 4.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 182, Statutes of Nevada 1983, at page 434, is hereby amended to read as follows:
Sec. 4.040 [Jurisdiction,] Procedure; additional judges.
[The municipal judge has the powers and jurisdiction in the city as are provided by chapters 5 and 266 of NRS.] The practice and proceedings in the court must conform as nearly as practicable to that of justices courts in similar cases. [The court has jurisdiction to hear, try and determine all cases, whether civil or criminal for the breach or violation of any city ordinance or any provision of this charter.] Upon the written request of the city manager an additional temporary municipal judge may be provided for so long as the city council authorizes additional compensation for such a judge. Whenever a person is sentenced to pay a fine, the court may adjudge and enter upon the docket a supplemental order that the offender may, if he desires, work on the streets or public works of the city at the rate of $25 for each day. The money so earned must be applied against the fine until it is satisfied.
Sec. 17. Section 4.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 412, Statutes of Nevada 1983, at page 1029, is hereby amended to read as follows:
Sec. 4.010 Municipal court.
[1. There must be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, apply.
2.] The mayor, with the consent of a majority of the city council, may establish a second department of the municipal court. The mayor shall appoint the additional municipal judge to serve until the next general municipal election.
Sec. 18. Section 4.020 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 56, Statutes of Nevada 1973, at page 78, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Municipal judge.
1. [The judge of the municipal court of the city shall be appointed by the city council.] The city council may appoint a qualified person to serve as acting judge of the municipal court during any period of absence or illness of the regularly constituted municipal judge.
2. The salary of the municipal judge [shall] must be fixed by the city council.
Sec. 19. 1. NRS 266.540, 266.545, 266.560 and 266.580 are hereby repealed.
2. Sections 125 and 126 of the charter of Boulder City are hereby repealed.
κ1985 Statutes of Nevada, Page 677 (CHAPTER 208, AB 202)κ
3. Section 4.010 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 65, is hereby repealed.
4. Section 4.010 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 614, is hereby repealed.
5. Section 4.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 304, is hereby repealed.
6. Section 4.010 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 487, is hereby repealed.
7. Section 4.010 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 396, is hereby repealed.
8. Section 4.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 415, is hereby repealed.
9. Section 4.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1222, is hereby repealed.
10. Section 4.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 735, is hereby repealed.
11. Section 4.010 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 468, and section 4.020 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 212, are hereby repealed.
12. Section 4.010 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 911, is hereby repealed.
________
Senate Bill No. 22Senator Glover
CHAPTER 209
AN ACT relating to public employees retirement; allowing George Pitta, former inspector for the state public works board, to purchase 4 years and 8 months of previous service performed under that board; and providing other matters properly relating thereto.
[Approved May 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
whereas, George Pitta served from May 1, 1961, to December 31, 1965, as a building inspector for the state public works board under a series of contracts which characterized Mr. Pitta as an independent contractor; and
whereas, During the period of May 1, 1961, to December 31, 1965, Mr. Pitta was treated more like an employee of the state than an independent contractor because:
1. Although his primary duty under these contracts was to inspect building projects for the state, he was assigned certain duties, outside the scope of the contracts, which are usually performed by employees of the state, and he handled certain administrative matters which were required by law to be performed by the board, including notifying other agencies of the progress on a project; and
κ1985 Statutes of Nevada, Page 678 (CHAPTER 209, SB 22)κ
required by law to be performed by the board, including notifying other agencies of the progress on a project; and
2. He was given benefits normally reserved for employees of the state, including per diem allowances, the use of supplies, an office and a vehicle provided by the state and the payment of premiums by the state for coverage under its program for industrial insurance; and
3. He was paid for his services semi-monthly like employees of the state and was under the direct, daily supervision of the board with no authority to hire assistants or to supervise others and was expected to report to the office of the board when not inspecting projects; and
whereas, After December 31, 1965, Mr. Pittas position was officially reclassified by the department of personnel, and he was made an employee of the state with the same duties and responsibilities as before; and
whereas, The public employees retirement board denied Mr. Pittas claim to purchase credit for service performed before the reclassification of his position, and subsequent appeals of that decision were unsuccessful; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby determines that the facts set forth in the preamble are sufficient to justify the conclusion that, from May 1, 1961, to December 31, 1965, Mr. Pitta was an employee of the state within the meaning of paragraph (b) of subsection 1 of NRS 286.040.
Notwithstanding the provisions of NRS 286.300, the public employees retirement board is hereby directed to allow Mr. Pitta to purchase the service performed from May 1, 1961, to December 31, 1965. The procedure for this purchase must be governed by NRS 286.3005.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 679κ
Senate Bill No. 201Senator Jacobsen
CHAPTER 210
AN ACT relating to motor vehicles; changing the period of registration for certain vehicles; limiting the number of vehicles a dealer may register without payment of the privilege tax; including the selling or leasing of a vehicle by an unlicensed salesman as an additional ground for the denial, suspension or revocation of certain licenses; and providing other matters properly relating thereto.
[Approved May 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.206 is hereby amended to read as follows:
482.206 1. Except as [provided in subsection 2,] otherwise provided in this section, every vehicle, except one which is registered pursuant to NRS 706.801 to 706.861, inclusive, must be registered for a period of 12 consecutive months beginning the [first day of the month] day after the first registration by the owner in this state.
2. Every vehicle registered by an agent of the department must be registered for a period of 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.
3. Upon the application of the owner of a fleet of vehicles, the director may permit such an owner to register his fleet on the basis of a calendar year.
[3.] 4. When the registration of any vehicle is transferred pursuant to NRS 482.3667 or 482.399, the expiration date of a regular license plate or plates, special license plate or plates or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning [the] :
(a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or
(b) The day after the transfer in all other cases,
and a credit on the portion of the [registration] fee for registration and privilege tax attributable to the remainder of the current [registration] period of registration allowed according to the applicable provisions of NRS 482.3667 and 482.399.
Sec. 2. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle expires at midnight on the [last day of the last month of the registration period.] day specified on the receipt of registration. The department shall mail to each holder of a valid [registration] certificate of registration an application for renewal of registration for the following [registration period.] period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new [registration] certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of subsisting registrations.
κ1985 Statutes of Nevada, Page 680 (CHAPTER 210, SB 201)κ
before the expiration of subsisting registrations. An applicant may present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor under the provisions of this section must include:
(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185 covering the motor vehicle to be registered.
(b) If required, evidence of compliance with standards for [emission control] control of emissions.
3. The department shall insert in each application mailed as required by subsection 1 the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or [registration] card of registration for the ensuing [registration] period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding [registration] period of registration for such time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or [registration card.
5. The registration fees for a motortruck and truck tractor, and for any trailer or semitrailer having an unladen weight of 3,501 pounds or more must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year and rounded to the nearest one-half dollar, but in no event to be less than $5.50.] card of registration.
Sec. 3. NRS 482.321 is hereby amended to read as follows:
482.321 1. Any [manufacturer of or] dealer in vehicles in this state qualified to receive a dealers license is entitled to register in his name [new vehicles of the make for which he is a licensed and franchised dealer] not more than 12 vehicles upon payment of the [registration and licensing fee] fees for registration and licensing as provided in this chapter. The dealer is not subject to the payment of privilege taxes on these registrations, and may transfer [such] the registrations to other [new vehicles without payment of such taxes.] vehicles he holds for sale or resale after payment of the fees for registration and for issuance of the certificate of title.
2. Vehicles so registered are subject to the payment of privilege taxes by the purchaser from the dealer at the time of their transfer to the purchaser.
3. The transferee of the vehicle is required to pay the [registration] fees for registration and privilege taxes before he is entitled to a transfer of the registration and title in his name. The transferee shall apply for registration as provided in NRS 482.215.
4. This section does not apply to work or service vehicles.
Sec. 4. NRS 482.352 is hereby amended to read as follows:
482.352 1. The department may deny the issuance of, suspend or revoke a license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:
κ1985 Statutes of Nevada, Page 681 (CHAPTER 210, SB 201)κ
revoke a license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles upon any of the following grounds:
(a) Failure of the applicant to have an established place of business in this state.
(b) Conviction of a felony in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or licensee.
(e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the director. For the purpose of this subsection, failure to comply with the directives of the director advising the licensee of his noncompliance with any provision of the motor vehicle laws of this state or regulations of the department, within 10 days after receipt of the directive, is prima facie evidence of willful failure to comply with the directive.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of the licensee to maintain a fixed place of business in this state.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
(j) Allowing an unlicensed salesman to sell or lease any vehicle.
2. The director may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.
Sec. 5. NRS 482.3667 is hereby amended to read as follows:
482.3667 1. The department shall establish, design and otherwise prepare for issue personalized prestige license plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.
2. The department shall issue personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles or trailers for use on private passenger cars, motorcycles, trucks having an unladen weight of 6,000 pounds or less, or trailers.
3. Personalized prestige license plates are valid for 12 months and are renewable upon expiration. These plates may be transferred from one vehicle or trailer to another if the transfer and registration fees are paid as set out in this chapter. Any person transferring plates [shall] must be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.
κ1985 Statutes of Nevada, Page 682 (CHAPTER 210, SB 201)κ
which are for the registration year for which the plates are being transferred.
4. In case of any conflict, the person who first made application for personalized prestige license plates and has continuously renewed them by payment of the required fee has priority.
5. The department [shall] may limit by regulation the number of letters and [figures used, may by regulation] numbers used and prohibit the use of inappropriate letters or combinations [, and] of letters and numbers.
6. The department shall not assign to any person not holding the relevant office any letters and [figures] numbers denoting that the holder holds a public office.
Sec. 6. NRS 482.3669 is hereby amended to read as follows:
482.3669 The department [shall] may make such [rules and] regulations as are necessary to insure compliance with all applicable laws pertaining to the licensing and registration of vehicles before issuing personalized prestige license plates in lieu of the regular Nevada license plate or plates, and all applications for personalized prestige license plates [shall] must be made to the department.
Sec. 7. NRS 482.375 is hereby amended to read as follows:
482.375 1. An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law must be inscribed the official amateur radio call letters of the applicant as assigned by the Federal Communications Commission. The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck having an unladen weight of 6,000 pounds or less.
2. The applicant may also purchase and display on his plate or plates, in the space provided for it, a decal with the designation RADIO AMATEUR.
3. The department [shall make such regulations as are necessary to ascertain] may adopt regulations to ensure compliance with all state license laws relating to the use and operation of a motor vehicle before [issuing] issuance of the plates in lieu of the regular Nevada license plate or plates, and all applications for the plates must be made to the department.
Sec. 8. NRS 482.376 is hereby amended to read as follows:
482.376 1. An owner of a motor vehicle who is a resident of this state and is an enlisted or commissioned member of the Nevada National Guard may, upon signed application on a form prescribed and furnished by the department, signed by the members commanding officer and accompanied by proof of enlistment, be issued license plates upon which [shall be] is inscribed NATL GUARD with four consecutive numbers.
κ1985 Statutes of Nevada, Page 683 (CHAPTER 210, SB 201)κ
upon which [shall be] is inscribed NATL GUARD with four consecutive numbers. The applicant shall comply with the motor vehicle laws of this state, including the payment of the regular registration fees, as prescribed by this chapter. There [shall] must be no additional fee for these special plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The plates may only be used on private passenger vehicles or noncommercial trucks having an unladen weight of 6,000 pounds or less.
3. At least 10 days [prior to] before a members discharge or retirement from the Nevada National Guard, the member shall surrender any such special plates in his possession to the department and, in lieu of such plates, is entitled to receive regular Nevada license plates.
[4. The department may, after a hearing, adopt such rules and regulations as may be necessary for the proper administration of this section.]
Sec. 9. NRS 482.382 is hereby amended to read as follows:
482.382 1. The department may issue special license plates and [registration] certificates of registration for an experimental motor vehicle which meets reasonable motor vehicle safety standards to residents of Nevada who apply for registration under this section.
2. The director in his discretion shall determine whether a particular motor vehicle is experimental and meets reasonable motor vehicle safety standards, and he [shall] may adopt regulations for the licensing of experimenters and the reporting of test results and modifications at least annually. Test results reported to the department by a licensee must be kept confidential if the licensee so requests.
3. The [license plate] fee for a license plate for an experimental motor vehicle is $25 per year, in addition to all other registration and license fees and motor vehicle privilege taxes. The department may renew the license if the results of tests on the vehicle conducted during the immediately preceding 12 months, proposed modifications and any other information relating to the experimental motor vehicle which may be required by the director are supplied by the licensee.
4. For purposes of this section, experimental motor vehicle means a vehicle which has been modified in design or engine to test innovations which could lead to improvements in fuel economy, [emission] control of emissions and safety.
Sec. 10. NRS 482.396 is hereby amended to read as follows:
482.396 1. A [Nevada resident who has purchased from a] person who is not a dealer , manufacturer or rebuilder may apply to the department for a permit to operate a [motor] vehicle which [is] :
(a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive [, may apply to the department for a permit to move the vehicle within Nevada for the purpose of registering and licensing it in this state.] ; and
κ1985 Statutes of Nevada, Page 684 (CHAPTER 210, SB 201)κ
(b) Is not currently registered in this state, another state or a foreign country or has been purchased by the applicant from a person who is not a dealer.
2. The department may issue the permit free of charge.
3. Each permit must:
(a) Bear the date of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;
(b) Expire at 5 p.m. [on the 10th day] not more than 10 days after its date of issuance;
(c) Be affixed to the vehicle in the manner prescribed by the department; and
(d) Be removed and destroyed upon its expiration or the issuance of a new permit or a certificate of registration, for the vehicle, whichever occurs first.
4. The department may authorize the issuance of more than one permit for the vehicle to be operated by the applicant.
Sec. 11. NRS 482.515 is hereby amended to read as follows:
482.515 1. Whenever a person operates any vehicle upon the public highways of this state without having paid therefor the registration or transfer fee required by this chapter, the required fee shall be deemed delinquent.
2. If [such a registration fee] the fee for registration is not paid by the end of the last [registration month] working day of the preceding [registration period,] period of registration, a penalty of $6 must be added thereto. If the delinquency continues, and if the person liable for the fee has knowledge of the delinquency, a penalty of $6 must be added for each [month] period of 30 calendar days during which the delinquency continues, unless the vehicle has not been operated on the highways since the expiration of the prior registration. Evidence of nonoperation of a vehicle must be furnished by an affidavit executed by a person having knowledge of the fact. The affidavit must accompany the application for renewal of registration.
3. If the transferee of a vehicle, required to be registered under the provisions of NRS 482.205, has not registered the vehicle within 10 days after the transfer, a penalty of $6 must be added to the [registration fee.] fee for registration. The provisions of this section do not apply to vehicles which come within the provisions of NRS 706.801 to 706.861, inclusive.
Sec. 12. NRS 482.207 and 482.361 are hereby repealed.
________
κ1985 Statutes of Nevada, Page 685κ
Senate Bill No. 55Committee on Human Resources and Facilities
CHAPTER 211
AN ACT relating to high-level radioactive waste; establishing the legislative committee on high-level radioactive waste; prescribing its powers and duties; and providing other matters properly relating thereto.
[Approved May 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created a committee on high-level radioactive waste. It is a committee of the legislature composed of:
(a) Three members of the senate, appointed by the majority leader of the senate.
(b) Four members of the assembly, appointed by the speaker.
2. The legislative commission shall select a chairman and a vice chairman from the members of the committee.
3. The committee shall meet at the call of the chairman to study and evaluate:
(a) Information and policies regarding the location in this state of a facility for the disposal of high-level radioactive waste;
(b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and
(c) Any other policies relating to the disposal of high-level radioactive waste.
4. The committee shall report the results of its studies and evaluations to the legislative commission and the interim finance committee at such times as the legislative commission or the interim finance committee may require.
5. The committee may recommend any appropriate legislation to the legislature and the legislative commission.
6. The director of the legislative counsel bureau shall provide a secretary for the committee on high-level radioactive waste. Each member of the committee is entitled to a salary of $80 for each day or part of a day during which he attends a committee meeting or is otherwise engaged in the work of the committee. Per diem allowances, salary and travel expenses of members of the committee must be paid from the legislative fund.
________
κ1985 Statutes of Nevada, Page 686κ
Assembly Bill No. 204Assemblyman Nevin
CHAPTER 212
AN ACT relating to the department of motor vehicles; permitting the files of the department to be opened for commercial use; and providing other matters properly relating thereto.
[Approved May 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose.
2. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.
3. [Information taken from the files and records of the department must not be used in the solicitation of persons for the purpose of selling or attempting to sell any product or service.] The director may deny any private use of the files and records if he reasonably believes that the information taken may be used for:
(a) An illegal purpose; or
(b) An unwarranted invasion of a particular persons privacy.
4. The director shall adopt such regulations as he deems necessary to carry out the purposes of this section.
________
Senate Bill No. 241Committee on Finance
CHAPTER 213
AN ACT relating to prisoners; placing the authority for forfeiture of credits in the director of the department of prisons; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.433 is hereby amended to read as follows:
209.433 1. Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
κ1985 Statutes of Nevada, Page 687 (CHAPTER 213, SB 241)κ
months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits [shall] must be as shown in the following table:
SCHEDULE OF CREDITS
Number of Time to be
years of Good time Total good time served if
sentence. granted. made. full time is made.
1st year......... 2 months 2 months 10 months
2nd year....... 2 months 4 months 1 year, 8 months
3rd year........ 4 months 8 months 2 years, 4 months
4th year........ 4 months 1 year 3 years
5th year........ 5 months 1 year, 5 months 3 years, 7 months
6th year........ 5 months 1 year, 10 months 4 years, 2 months
7th year........ 5 months 2 years, 3 months 4 years, 9 months
8th year........ 5 months 2 years, 8 months 5 years, 4 months
9th year........ 5 months 3 years, 1 month 5 years, 11 months
10th year...... 5 months 3 years, 6 months 6 years, 6 months
and so on through as many years as may be the term of the sentence.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for offenders whose diligence in labor or study merits [such] the credits and for offenders who donate their blood for charitable purposes.
4. Each offender is entitled to the deductions allowed by this section [unless the board finds that for misconduct or other cause reported by the director he should not receive them.] if he has satisfied the conditions of subsection 1 as determined by the director.
Sec. 2. NRS 209.451 is hereby amended to read as follows:
209.451 1. If any offender:
(a) Commits any assault upon his keeper or any foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of any flagrant disregard of the regulations of the department; or
(c) Commits any misdemeanor, gross misdemeanor or felony,
he forfeits all deductions of time earned by him before the commission of such offense, or forfeits [such] the part of such deductions as [to the state board of parole commissioners may seem] the director considers just.
2. If any offender commits a serious violation of any of the regulations of the department, he may forfeit all or part of such deductions, in the discretion of the [state board of parole commissioners.] director.
3. A forfeiture [shall] must be made only by the [state board of parole commissioners] director after proof of the offense and notice to the offender. The decision of the [state board of parole commissioners] director regarding a forfeiture is final.
4. The [state board of parole commissioners] director may restore credits forfeited for such reasons as [to it may seem] he considers proper.
κ1985 Statutes of Nevada, Page 688 (CHAPTER 213, SB 241)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 413Assemblymen Nicholas, Beyer, DuBois, Ham, Sader and Thompson
CHAPTER 214
AN ACT relating to the state climatologist; creating the office; establishing its qualifications and duties; authorizing the University of Nevada to provide him with an office; authorizing his employment by the University of Nevada and as a consultant; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The office of state climatologist is hereby created.
2. The governor shall appoint to the office of state climatologist a person who has received the approval of:
(a) The National Climatic Data Center of the National Oceanic and Atmospheric Administration;
(b) The Western Regional Director of the National Weather Service; and
(c) An officer of the University of Nevada.
3. The state climatologist shall:
(a) Maintain descriptions of and information on the climate in this state, including the atmospheric conditions and levels of precipitation; and
(b) Publish his findings concerning the climate in this state at least quarterly.
Sec. 3. 1. The University of Nevada may provide the state climatologist with adequate space for an office and necessary supplies.
2. The state climatologist may, in addition to his employment as state climatologist:
(a) Be employed by the board of regents of the University of Nevada as a member of the teaching staff of the University; and
(b) Accept employment as a consultant.
________
κ1985 Statutes of Nevada, Page 689κ
Assembly Bill No. 282Committee on Transportation
CHAPTER 215
AN ACT relating to the state communications system; revising a special provision relating to services provided by a telephone company; clarifying and revising provisions concerning administration of the system; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 233F of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. The board shall not take over the communications system of a state agency unless it does so pursuant to an agreement with the agency.
Sec. 3. If a state agency other than the communications subdivision adds equipment which extends the state communications system to another location, the extension, if approved by the board, becomes part of the state communications system. An approved extension of the system is subject to the provisions of this chapter relating to the system.
Sec. 4. 1. If the board considers a proposal to add a service to the state communications system which could be provided by a private company, the board shall:
(a) Upon the request of a private company which is able to provide the service, provide notice of the proposal and a copy of the related specifications;
(b) Prepare a statement, based on the specifications, of the cost of the proposed service if it were provided through the state communications system; and
(c) Compare its own statement of cost with any other bid submitted by considering at least the relative prices, the quality and reliability of the service proposed and the compatibility of the service proposed with any known future requirements. This comparison must be made available for public review.
2. Any interested party may appeal from the findings of the comparison to the interim finance committee, which may approve or modify the findings or reverse the decision of the board.
Sec. 5. NRS 233F.010 is hereby amended to read as follows:
233F.010 As used in this chapter, the terms defined in NRS 233F.020 to [233F.070,] 233F.060, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 6. NRS 233F.080 is hereby amended to read as follows:
233F.080 [1.] The legislature finds and declares that a state communications system is vital to the security and welfare of the state during times of emergency and in the conduct of its regular business, and that economies may be realized by joint use of the system by all state agencies.
κ1985 Statutes of Nevada, Page 690 (CHAPTER 215, AB 282)κ
state agencies. It is the purpose of the legislature that a state communications system be developed whereby the greatest efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the legislature to remove from the department of general services control over the state telephone system intended for use by state agencies and the general public.
[2. The legislature further declares that if at any time the state communications board established by this chapter considers a proposal for expansion of the telecommunications service, equipment or facilities normally provided to the State of Nevada by the telephone industry, such service, equipment or facilities are to be provided through the telephone industry except when the requirements of subsection 3 have been met.
3. If the state communications board has reason to believe that significant savings can be achieved if proposed expansions of the telecommunications service, equipment or facilities normally provided to the State of Nevada by the telephone industry are provided by the state rather than through the telephone industry:
(a) The board shall conduct a study and prepare a report detailing the proposed expansions and the estimated savings. The report shall be submitted to the fiscal analysis division of the legislative counsel bureau for review.
(b) Upon receipt of such report, the staff of the fiscal analysis division shall evaluate the findings and conclusions of the board and shall present to the interim finance committee its analysis of the proposed expansions and estimated savings.
(c) The interim finance committee shall review the report of the board and the analysis presented by the fiscal analysis division and may approve or disapprove the boards proposal.
(d) No proposal for the state rather than the telephone industry to provide expansion of the telecommunications service, equipment or facilities provided to the State of Nevada may be carried out without the approval of the interim finance committee.]
Sec. 7. NRS 233F.090 is hereby amended to read as follows:
233F.090 1. The state communications board is hereby created. The board consists of a chairman and [two] four members, who:
(a) Are appointed by the governor from among those using the state communications system.
(b) Serve at the pleasure of the governor and are responsible to him.
2. The governor may appoint additional persons to act in an advisory capacity to the board. The additional persons may not vote on matters before the board.
Sec. 8. NRS 233F.110 is hereby amended to read as follows:
233F.110 1. The board shall establish and administer a policy respecting the development, administration and operation of the state communications system and may adopt regulations to govern the use and operation of the system. The board may, upon receiving a request for a microwave channel or channels from [a state] an agency, approve or disapprove that request.
κ1985 Statutes of Nevada, Page 691 (CHAPTER 215, AB 282)κ
for a microwave channel or channels from [a state] an agency, approve or disapprove that request. If the request is approved, the board shall assign a channel or channels to the agency at a cost [determined by the board.] which reflects the actual share of costs incurred for services provided to the agency, in accordance with the comprehensive system of equitable billing and charges developed by the coordinator of communications.
2. Except as provided in subsection [4,] 3, a microwave channel assigned by the board to an agency for its use must not be reassigned without the concurrence of the agency.
3. [Microwave channels may be assigned to the department of motor vehicles for assignment by that department to local, state and federal agencies of criminal justice, as that department may desire. The department of motor vehicles shall assume the operating costs of those channels and bill the using agencies for those costs.
4.] The board may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.
[5.] 4. Equipment for microwave channels which is purchased by a using agency becomes the property of the board if the agency fails to use or pay for those channels. Such equipment must be used by the board to replace old or obsolete equipment in the state communications system.
5. A state agency shall not purchase equipment for microwave stations without prior approval from the board unless:
(a) The existing services do not meet the needs of the agency; or
(b) The equipment will not be used to duplicate services which are provided by the state communications system or a private company.
6. The board shall reimburse an agency for buildings, facilities or equipment which is consolidated into the state communications system.
Sec. 9. NRS 233F.131 is hereby amended to read as follows:
233F.131 The coordinator of communications shall:
1. Administer the provisions of this chapter, subject to the administrative supervision of the chief of the Nevada highway patrol.
2. Supervise the operation and maintenance of the communications system and provide for its joint use by state agencies, except as provided in NRS [233F.146.
3. Except as otherwise provided in NRS 233F.144, prepare plans and conduct studies for the orderly development of other state communications systems.
4.] 233F.110.
3. Procure, install, maintain and purchase or lease communications equipment, facilities and services.
4. Upon request, assist agencies in the design, procurement, maintenance and repair of communications systems.
5. Prepare specifications for the annual procurement of radio equipment by the state purchasing division.
κ1985 Statutes of Nevada, Page 692 (CHAPTER 215, AB 282)κ
6. Enter into and administer agreements involving the state communications system.
7. Develop a comprehensive system of equitable billing and charges for services provided to agencies using the state communications system. Such charges must reflect as nearly as practicable the actual share of costs incurred on behalf of or for services provided to an agency.
8. Advise agencies of the state as to systems or methods to be used to meet communications requirements efficiently and effectively.
9. Ensure that maintenance is performed on the state communications system efficiently and economically.
10. Standardize policies and procedures for the joint use of the state communications system.
11. Consolidate communications buildings and facilities for the joint use of all state agencies.
12. Perform such other duties in connection with each of his specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles or the board.
Sec. 10. NRS 233F.070, 233F.140, 233F.142, 233F.144 and 233F.146 are hereby repealed.
________
Assembly Bill No. 468Assemblymen Dini and Spriggs
CHAPTER 216
AN ACT relating to unincorporated towns; requiring all members of a town board to be elected from the qualified electors of the town; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 269.017 is hereby amended to read as follows:
269.017 1. If the board of county commissioners determines that the best interests of an unincorporated town would be served by adoption of a town board form of government it shall establish a town board for the town [as follows:
(a) Two members of the board of county commissioners shall be appointed to serve on the town board.
(b) Three] by appointing five persons who are residents and qualified electors in the town [shall be appointed] to serve as members of the town board until successors can be elected at the next general election.
2. At the next general election [three] five persons who are residents and qualified electors in the town [shall] must be elected by the registered voters of the town to serve as members of the town board.
Sec. 2. 1. At the general election on November 4, 1986, five persons who are residents and qualified electors of each town for which a town board form of government has been established must be elected to serve as members of the town board.
κ1985 Statutes of Nevada, Page 693 (CHAPTER 216, AB 468)κ
town board form of government has been established must be elected to serve as members of the town board.
2. The terms of the members serving on town boards on November 4, 1986, who were appointed by a board of county commissioners expire upon the election and qualification of their successors in office.
________
Assembly Bill No. 242Committee on Ways and Means
CHAPTER 217
AN ACT making a supplemental appropriation to the Nevada athletic commission for travel expenses; making a supplemental appropriation to the southern Nevada childrens home bureau of the youth services division of the department of human resources for medical expenses; making a supplemental appropriation to the southern Nevada adult mental health services of the mental hygiene and mental retardation division of the department of human resources for services provided by hospitals and patients travel expenses; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Nevada athletic commission the sum of $3,000 for travel expenses. This appropriation is supplemental to that made by section 50 of chapter 453, Statutes of Nevada 1983, at page 1185.
Sec. 2. There is hereby appropriated from the state general fund to the southern Nevada childrens home bureau of the youth services division of the department of human resources the sum of $20,000 for medical expenses. This appropriation is supplemental to that made by section 31 of chapter 453, Statutes of Nevada 1983, at page 1180.
Sec. 3. There is hereby appropriated from the state general fund to the southern Nevada adult mental health services of the mental hygiene and mental retardation division of the department of human resources the sum of $36,075 for contract services provided by hospitals and patients travel expenses. This appropriation is supplemental to that made by section 31 of chapter 453, Statutes of Nevada 1983, at page 1181.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 694κ
Senate Bill No. 92Committee on Natural Resources
CHAPTER 218
AN ACT relating to underground water; exempting the well supervisor and his assistants from the state personnel system; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534.040 is hereby amended to read as follows:
534.040 1. Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of [such] that basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the state engineer. The salaries of the well supervisor and his assistants [shall] must be fixed by the state engineer. The well supervisor and his assistants are exempt from the provisions of chapter 284 of NRS.
2. The board of county commissioners shall levy a special tax annually, or at such time as the [same] tax is needed, upon all taxable property situated within the confines of the area [so] designated by the state engineer to come under the provisions of this chapter in such an amount as may be necessary to pay those salaries, together with necessary expenses, including the compensation and other expenses of the state well drillers advisory board if the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those costs . [; but in] In designated areas within which the use of ground water is predominantly for agricultural purposes the levy must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user must be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge is $1.
3. The salaries and expenses may be paid by the state engineer from the water distribution revolving account pending the levy and collection of the tax as provided in this section.
4. The proper officers of the county shall levy and collect the special tax as other special taxes are levied and collected, and the tax is a lien upon the property.
5. The tax provided for, when collected, must be deposited with the state treasurer for credit to the water distribution fund to be accounted for in basin well accounts.
6. Upon determination and certification by the state engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the ground water board and employing consultants or other help needed to fulfill its responsibilities, the state controller must transfer that amount to a separate operating account for that fiscal year for [such] the ground water basin.
κ1985 Statutes of Nevada, Page 695 (CHAPTER 218, SB 92)κ
responsibilities, the state controller must transfer that amount to a separate operating account for that fiscal year for [such] the ground water basin. Claims against the account must be approved by the ground water board and paid as other claims against the state are paid.
________
Senate Bill No. 93Committee on Natural Resources
CHAPTER 219
AN ACT relating to reforestation; broadening the authority of the division of forestry of the state department of conservation and natural resources to accept land donated to the state for revegetation; repealing obsolete provisions; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 528.091 is hereby amended to read as follows:
528.091 As used in NRS 528.091 to [528.140,] 528.120, inclusive, unless the context otherwise requires, the terms defined in NRS 528.092 to 528.098, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 2. NRS 528.095 is hereby amended to read as follows:
528.095 Production means the propagation, maintenance, protection and distribution of sufficient quantities of conservation plant materials to meet the purposes of NRS 528.091 to [528.140,] 528.120, inclusive.
Sec. 3. NRS 528.120 is hereby amended to read as follows:
528.120 The division [,] may, subject to the approval of the director [, may accept and reforest, protect and manage any tract of land adaptable to forest growth deeded to the State of Nevada subject to the following limitations:
1. No cost of purchase may accrue against the state.
2. No more than 500 acres from one person may be accepted unless it will simplify a transfer, survey or establishment of boundaries.] and the state land registrar, and pursuant to NRS 321.001 and 321.003:
1. Negotiate for the acceptance of any land suitable for a program of conservation; and
2. Revegetate, protect and manage that land on behalf of the state.
Sec. 4. NRS 528.130 and 528.140 are hereby repealed.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 696κ
Senate Bill No. 271Committee on Finance
CHAPTER 220
AN ACT making an appropriation to the bureau of services to the blind in the rehabilitation division of the department of human resources for the purchase of special equipment and medical treatments for blind diabetics and for the payment of expenses relating to projects for the enhancement of the workplaces of blind persons; and providing other matters properly relating thereto.
[Approved May 20, 1985]
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 bureau of services to the blind in the rehabilitation division of the department of human resources the sum of $40,000 to be used as follows:
For the purchase of special equipment and medical treatments for blind diabetics.................................................................................................................... $20,000
For the payment of expenses relating to projects for the enhancement of the workplaces of blind persons.................................................................... 20,000
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 168Senator Jacobsen
CHAPTER 221
AN ACT making an appropriation to the legislative counsel bureau for Nevadas proportionate assessment for the support of the Governmental Accounting Standards Board; and providing other matters properly relating thereto.
[Approved May 20, 1985]
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 counsel bureau for Nevadas proportionate assessment for the support of the Governmental Accounting Standards Board:
For the fiscal year 1985-86............................................................................... $11,800
For the fiscal year 1986-87................................................................................. 11,800
κ1985 Statutes of Nevada, Page 697 (CHAPTER 221, SB 168)κ
Sec. 2. Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
Assembly Bill No. 437Committee on Ways and Means
CHAPTER 222
AN ACT relating to the state public defender; authorizing the collection of certain amounts from the counties for the use of his services; and providing other matters properly relating thereto.
[Approved May 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as provided in subsection 2, the state public defender may collect not more than the following amounts from the counties for the use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 1986 June 30, 1987
CARSON CITY..................................................................... $103,000 $105,000
CHURCHILL COUNTY........................................................... 36,500 37,000
DOUGLAS COUNTY............................................................ 103,000 105,000
ESMERALDA COUNTY.......................................................... 9,000 9,200
EUREKA COUNTY................................................................... 8,000 8,200
HUMBOLDT COUNTY.......................................................... 42,000 42,300
LANDER COUNTY................................................................. 16,000 16,250
LINCOLN COUNTY................................................................ 16,000 16,250
LYON COUNTY....................................................................... 46,500 47,420
MINERAL COUNTY............................................................... 26,270 26,500
NYE COUNTY.......................................................................... 36,000 36,345
PERSHING COUNTY.............................................................. 26,362 27,762
WHITE PINE COUNTY.......................................................... 22,000 22,500
________ ________
________ ________
TOTALS $490,623 $499,727
2. If any county chooses to contribute an additional amount, the state public defender may, with the approval of the interim finance committee, accept it and apply it to augment his services.
________
κ1985 Statutes of Nevada, Page 698κ
Assembly Bill No. 500Committee on Judiciary
CHAPTER 223
AN ACT relating to judgments; authorizing the judgment creditor to renew the judgment; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 11.190 is hereby amended to read as follows:
11.190 Actions other than those for the recovery of real property, unless further limited by specific statute, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States [.] , or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property , [;] but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall [not] be deemed to [have accrued until] accrue upon the discovery by the aggrieved party of the facts constituting such waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof , [;] but in all cases where the subject of the action is a domestic animal usually included in the term livestock, having upon it at the time of its loss a recorded mark or brand, and when the animal strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
(d) An action for relief on the ground of fraud or mistake , [;] but the cause of action in such a case shall [not] be deemed to [have accrued until] accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
κ1985 Statutes of Nevada, Page 699 (CHAPTER 223, AB 500)κ
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon the liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover any goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 2. Chapter 21 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A judgment creditor or his successor in interest may renew a judgment which has not been paid by filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation. The affidavit must specify:
(a) The names of the parties and the name of the judgment creditors successor in interest, if any, and the source and succession of his title;
(b) If the judgment is recorded, the name of the county and the number and the page of the book in which it is recorded;
(c) The date and the amount of the judgment and the number and page of the docket in which it is entered;
(d) Whether there is an outstanding writ of execution for enforcement of the judgment;
(e) The date and amount of any payment on the judgment;
(f) Whether there are any set-offs or counterclaims in favor of the judgment debtor and the amount or, if a set-off or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;
κ1985 Statutes of Nevada, Page 700 (CHAPTER 223, AB 500)κ
unsettled or undetermined it will be allowed as payment or credit on the judgment;
(g) The exact amount due on the judgment;
(h) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
(i) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.
All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.
2. The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.
3. The judgment creditor or his successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to him at his last known address within 3 days after filing the affidavit.
4. Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.
________
Senate Bill No. 104Senators Wagner, Raggio and Wilson
CHAPTER 224
AN ACT relating to grand juries; specifying the procedure for the issuance of a report; establishing the rights of a person identified in a report; clarifying its authority to investigate the misconduct of public officials; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 172 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A grand jury may issue a report concerning a matter into which it may lawfully inquire.
2. The report must be issued for the sole purpose of reporting on the matter. The report must not:
(a) Contain material the sole effect of which is to ridicule or abuse a person or otherwise subject him to public disgrace or embarassment;
(b) Contain material which is personal in nature and does not relate to any lawful inquiry; or
(c) Accuse a named or unnamed person directly or by innuendo, imputation or otherwise of an act that, if true, constitutes an indictable offense unless the report is accompanied by a presentment or an indictment of the person for the offense mentioned in the report.
3. The judge impaneling a grand jury shall include the provisions of this section in his charge to the grand jury.
κ1985 Statutes of Nevada, Page 701 (CHAPTER 224, SB 104)κ
Sec. 3. 1. The grand jury shall submit a draft of the report that it wishes to make to the court which impaneled it.
2. The court shall review its contents and, if it contains any material which violates paragraph (a) of subsection 2 of section 2 of this act, require the grand jury to expunge that material from the draft.
3. The court shall send to any person identified in the draft in violation of paragraph (b) of subsection 2 of section 2 of this act the pertinent part of the draft and notify him that he has been identified in the draft of the report of the grand jury in connection with possible criminal conduct. The person may, within 5 days after receiving the notice and the portion of the draft, submit a written request to the court for a hearing in chambers to consider a motion to expunge that portion of the draft from the final report.
4. The court shall rule on any such motion to expunge material within 20 days after the completion of the hearing on the motion.
5. If the court determines that the draft:
(a) Violates in its entirety a provision of section 2 of this act; or
(b) After the removal of a portion pursuant to section 2 of this act, is so incomplete that it is meaningless,
it shall not file the report with the clerk of the district court but shall file instead a written statement describing, generally, its action and the basis for it.
6. The court shall file either the draft, the draft as corrected or the statement with the clerk of the district court within 60 days after receiving the draft from the grand jury. Upon filing, the draft becomes the final report of the grand jury.
7. Within 5 days after the report is filed, the clerk shall mail a copy of the pertinent portion of the report to each person or governmental entity mentioned in the report.
Sec. 4. NRS 172.175 is hereby amended to read as follows:
172.175 1. Each grand jury that is not impaneled for a specific limited purpose shall inquire into:
(a) The case of every person imprisoned in the jail of the county, on a criminal charge, against whom an indictment has not been found or an information or complaint filed.
(b) The condition and management of any public prison located within the county.
(c) The misconduct in office of public officers of every description within the county [.] which may constitute a violation of a provision of chapter 197 of NRS.
2. A grand jury that is not impaneled for another specific limited purpose may inquire into [and report on] any and all matters affecting the morals, health and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district or town therein.
3. [A report issued pursuant to this section must not single out any person or persons directly or by innuendo, imputation or otherwise or accuse the person or persons of a wrongdoing which if true would constitute an indictable offense unless the report is accompanied by a presentment or indictment of the person or persons.
κ1985 Statutes of Nevada, Page 702 (CHAPTER 224, SB 104)κ
accuse the person or persons of a wrongdoing which if true would constitute an indictable offense unless the report is accompanied by a presentment or indictment of the person or persons. At the time any grand jury is impaneled, the provisions of this subsection must be included in the charge to the grand jury.] A grand jury may include in its report recommendations to a public officer or agency for actions which will reduce costs, increase efficiency or result in better service to the public. Any criticism made therein must be constructive and made in support of the recommendations. If such recommendations and criticism are included in a report and the report is not accompanied by a related indictment or presentment, the report must include a positive statement that no indictable criminal activity was found.
Sec. 5. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 54Committee on Government Affairs
CHAPTER 225
AN ACT relating to county auditors; recognizing the provision for comptrollers in smaller counties; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 251.010 is hereby amended to read as follows:
251.010 1. The county recorder is ex officio county auditor in counties [having a population of less than 100,000.] in which a county comptroller has not been appointed.
2. County auditors shall keep an office at the county seat of their county, which must be kept open in accordance with the provisions of NRS 245.040.
Sec. 2. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers [shall] must be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
κ1985 Statutes of Nevada, Page 703 (CHAPTER 225, AB 54)κ
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who [shall be] is ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who [shall be] is ex officio county auditor in counties [having a population of less than 100,000.] in which a county comptroller has not been appointed.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. The following officers [shall] must be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 141Committee on Transportation
CHAPTER 226
AN ACT relating to highways; authorizing the department of transportation to acquire by eminent domain a fee interest in property in which it has already acquired a lesser estate or interest; changing provisions for the leasing and disposal of property by the department; ratifying prior transfers of property by the department; removing unnecessary provisions relating to the acquisition of property for future use; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The property and interests therein must be acquired by the department in the name of and in behalf of the state, either by donation, dedication, agreement, exchange, lease, option, purchase or through the exercise of the power of eminent domain.
2. The department may exercise the power of eminent domain to acquire a fee in any property in which it has already acquired a lesser estate or interest.
κ1985 Statutes of Nevada, Page 704 (CHAPTER 226, SB 141)κ
acquire a fee in any property in which it has already acquired a lesser estate or interest.
3. Proceedings in eminent domain for the acquisition of property or any interest therein for the highway purposes set forth in NRS 408.487 must be had pursuant to the provisions of chapter 37 of NRS, except as otherwise prescribed by this chapter.
4. The entire cost of acquiring the property and interests therein, except as otherwise provided in this chapter, must be paid out of the state highway fund.
5. Whenever a part of a parcel of real property, an interest therein or an improvement thereon is to be acquired under the provisions of this chapter and the remainder is proposed to be left in such irregular shape, uneconomical size, utility or condition as to be of little value or to give rise to claims or litigation concerning damages, the department may acquire by the methods provided in subsection 1 the whole parcel and may:
(a) Dispose of the remainder pursuant to NRS 408.533;
(b) Exchange it for other property or interests therein required for highway purposes; or
(c) Use it for any purpose enumerated in subsection 2 of NRS 408.487.
Sec. 2. NRS 408.136 is hereby amended to read as follows:
408.136 1. The board may sell or lease any of the states water rights which are appurtenant to real property acquired pursuant to this chapter [or chapter 409 of NRS] to a public utility engaged in the business of furnishing water for municipal, industrial and domestic purposes without first offering those water rights to the public.
2. If a public utility wishes to dispose of any water right acquired pursuant to subsection 1, it must be reconveyed to the state.
Sec. 3. NRS 408.265 is hereby amended to read as follows:
408.265 [Except as provided in NRS 409.110, all moneys] All money received from the Government of the United States and by virtue of the provisions of any Act of Congress for the engineering, planning, surveying, acquiring of property, constructing, reconstructing or improving of any highway in the state [shall] must be put into the state treasury and become a part of the state highway fund and [such fund shall] that fund must not be used for any other purpose.
Sec. 4. NRS 408.353 is hereby amended to read as follows:
408.353 1. [All] Except as otherwise provided in subsection 2, all members of the board, directors and other officers or employees of the department are prohibited from having any interest, directly or indirectly, in any contract [of any kind for the construction, reconstruction, improvement, supervision or maintenance of any highway.
2.] entered into by the department.
2. If the director of the department deems it necessary to enter into a contract with one of the persons described in subsection 1, he shall submit the proposed contract to the state board of examiners for approval. Upon its approval, the director may enter into the contract.
κ1985 Statutes of Nevada, Page 705 (CHAPTER 226, SB 141)κ
3. Any contract made in violation of this section may be declared void at the instance of the state or any person interested in the contract except a person prohibited from being interested in it.
[3.] 4. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor, forfeits his office and is forever disqualified from holding any public office in this state.
Sec. 5. NRS 408.487 is hereby amended to read as follows:
408.487 1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the department may acquire, in the name of the state, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.
2. [Real property or interests therein or personal property for such] The property which may be acquired for those purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:
(a) For rights of way for both present and future needs for highways of all types , including highways constructed within towns and cities.
(b) For exchanging [such] the property or interests therein for other property or interests therein required for highway purposes to avoid the payment of excessive compensation or damages.
(c) For sites on which to relocate structures which are within the right of way of a projected highway.
(d) For sites for [administrative,] storage, communications [,] and maintenance [,] and for administrative, recreational and historical purposes and necessary appurtenances in connection with [such] those sites.
(e) For extraction of material , [sites,] including rock quarries, gravel pits, sand or earth borrow pits, or other roadway material; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of [such] the highways and their appurtenances.
(f) For the culture and support of trees and other flora which will benefit [such] the highways in any way, including the increasing of the scenic beauty of [such] the highways.
(g) For drainage in connection with any highway.
(h) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.
(i) For the placement of directional signs and other signs, construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.
(j) For construction and maintaining highway cut and fill slopes.
(k) For public parks, playgrounds, recreational grounds and sites adjoining highway or freeway rights of way; acquisition of [replacement housing sites;] sites to replace housing; and acquisition and rehabilitation, relocation and construction of [replacement housing.]
κ1985 Statutes of Nevada, Page 706 (CHAPTER 226, SB 141)κ
housing sites;] sites to replace housing; and acquisition and rehabilitation, relocation and construction of [replacement housing.] housing to replace other housing acquired.
[3. Such property and interests therein shall be acquired by the department in the name of and in behalf of the state, either by donation, dedication, agreement, exchange, lease, option, purchase, or through the exercise of the power of eminent domain.
4. Proceedings in eminent domain for acquisition of property or interest therein for the highway purposes set forth in this section shall be had pursuant to the provisions of chapter 37 of NRS, except as otherwise prescribed by this chapter.
5. The entire cost of acquiring such property and interests therein, except as otherwise provided in this chapter, shall be paid out of the state highway fund.
6. Whenever a part of a parcel of real property, interests therein or improvements thereon is to be acquired under the provisions of this chapter and the remainder is proposed to be left in such irregular shape, uneconomical size, utility or condition as to be of little value or to give rise to claims or litigation concerning damages, the department may acquire by the methods provided in subsection 3 the whole parcel and may:
(a) Dispose of the remainder pursuant to NRS 408.533; or
(b) Exchange it for other property or interests therein required for highway purposes; or
(c) Use it for any purpose enumerated in subsection 2.]
Sec. 6. NRS 408.507 is hereby amended to read as follows:
408.507 1. [If it is found advisable by the department to acquire real property, interests therein, or improvements thereon] Real property held in fee or improvements on the property acquired by the department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the payment of excessive damages, [the real property, interests therein, or improvements thereon] or held by the department pending a determination in the future on its use or disposal may be leased or rented by the department for fair market value in such manner and for such periods as are determined by the director to be in the best interests of the state.
2. The director may lease for fair market value space above and below the established grade line of the highway to state and public agencies and private persons in such manner and for such periods as he determines are in the best interest of the state, if:
(a) The full use and safety of the highway will not be impaired;
(b) Vehicular or pedestrian access to [such real property interests] that space will not be required or permitted from the established grade line; and
(c) The free flow of traffic on the highway is not interfered with in any way.
3. All leases of [such] an interest in real property entered into by the department before April 1, [1957,] 1985, are hereby ratified. All other leases [on or after that date must be ratified or] entered into pursuant to subsection 2 must be approved by the board [of directors of the department of transportation] subject to the provisions of subsection 4.
κ1985 Statutes of Nevada, Page 707 (CHAPTER 226, SB 141)κ
other leases [on or after that date must be ratified or] entered into pursuant to subsection 2 must be approved by the board [of directors of the department of transportation] subject to the provisions of subsection 4.
4. [Except as otherwise provided in this subsection, if] If the department receives a proposal to negotiate a lease pursuant to subsection 2 , [which it considers feasible and acceptable in principle,] it shall publish a notice in a newspaper of general circulation at least once a week for 2 weeks, stating that it has received the proposal and that it will receive other proposals for use of the space for 60 days after the completion of the publication. A copy of the notice must be mailed to each local governmental unit in the affected area. If the property is leased, it must be to the highest bidder for the space. The requirements [of this subsection] for publication and notice do not apply if the proposal was received from an owner who controls the property on both sides of the highway.
5. [A lease entered into pursuant to subsection 2 must be granted to the highest bidder bidding for the space unless only one bid is received from an owner who controls the property on both sides of the highway. If so, the department shall obtain an appraisal to determine whether that bid is for fair market value.
6.] All money received for leases and rentals must be deposited with the state treasurer to be credited to the state highway fund.
Sec. 7. NRS 408.533 is hereby amended to read as follows:
408.533 1. All real property, interests therein or improvements thereon and personal property [heretofore or hereafter] acquired before or after April 1, 1957, in accordance with the provisions of NRS 408.487 and [chapter 409 of NRS] section 1 of this act must, after [board approval,] approval by the board, and if no longer needed for highway purposes, be disposed of by the director in accordance with the provisions of this section, [when such property is found to be no longer required for highway purposes or for other reasonable public use, for not less than such sums of money as may be determined by the board to be for the best interests of the state,] except that:
(a) When [such] the property was originally donated to the state, then no charge may be made [for the same] if it is returned to the original owner or to the holder of the reversionary right.
(b) When [such] the property has been wholly or partially paid for by towns, cities [,] or counties, then disposal of the [same] property and of money received therefor must be agreed upon by the governing bodies of the towns, cities and counties and the department.
(c) When the title to [such] the real property has been acquired in fee under NRS 408.487 and section 1 of this act and, in the opinion of the board, [such property cannot be sold] a sale by means of public auction or sealed bids [without working] is uneconomical or impractical because:
(1) There is no access to the property;
(2) The property has value or an increased value only to a single adjoining property owner; or
κ1985 Statutes of Nevada, Page 708 (CHAPTER 226, SB 141)κ
(3) Such sale would work an undue hardship upon a property owner either as a result of a severance of the property of [such] that owner or a denial of access to a public highway,
the board may [first offer such property to such owner at a price determined by the board to be in the best interest of the state.
(d) When the title to such property has been acquired under chapter 409 of NRS, the board] enter into a direct sale of the property with such an owner or someone else for its fair market value.
(d) When the property has been acquired and the proposed purpose for which it was acquired is later abandoned by the department, the department shall give notice of its intention to dispose of [such] the property by publication in a newspaper of general circulation in the county where [such] the property is situated. The notice must include the [boards] departments appraisal of the fair market value of the property. Any person from whom [such] the property was purchased [, or any person who has acquired such vendors rights in the premises by descent, devise or purchase,] may purchase [such] the property from the [board] department within 60 days after the date of [such] the notice at [such] its fair market value.
(e) When the property is sought by another public agency for a reasonable public use, the department may first offer the property to the public agency at its fair market value.
2. All [such] property, interests or improvements not falling within the provisions of subsection 1 must be sold by the department singly or in combination, to the highest bidder bidding for [such property] it either at public auction or by sealed bids, the notice of which and terms of which must be published in a newspaper of general circulation in the county where [such] the property is situated. [Such] Those auctions and [bid] openings of bids must be conducted by the department.
3. It [shall be] is conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter that the department acted within its lawful authority in acquiring and disposing of [such] the property, and that the director acted within his lawful authority in executing any conveyance vesting title in [such] the purchaser. All such conveyances must be quitclaim in nature and the department shall not warrant title, furnish title insurance or [United States documentary stamps.] pay the tax on transfer of real property.
4. [Except as provided in NRS 409.160, all] All sums of money received by the department for the sale of [such] real and personal property must be deposited with the state treasurer to be credited to the state highway fund, unless the [Bureau of Public Roads] Federal Highway Administration participated in acquisition of the property, in which case a pro rata share of the [moneys] money obtained by disposal of the property must be paid to the [Bureau of Public Roads.] Federal Highway Administration.
5. The department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection [6 of NRS 408.487.
κ1985 Statutes of Nevada, Page 709 (CHAPTER 226, SB 141)κ
interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection [6 of NRS 408.487. Such] 5 of section 1 of this act. Those easements, rights or interests include, but are not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
Sec. 8. NRS 278.461 is hereby amended to read as follows:
278.461 1. A person who proposes to divide any land for transfer or development into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply.
2. A parcel map is not required when the division is for the express purpose of:
(a) Creation or realignment of a public right of way by a public agency.
(b) Creation or realignment of an easement.
(c) Adjustment of the boundary line or the transfer of land between two adjacent property owners which does not result in the creation of any additional parcels.
(d) Purchase, transfer or development of space within an apartment building or an industrial or commercial building.
(e) Carrying out an order of any court or dividing land as a result of an operation of law.
3. A parcel map is not required for any of the following transactions involving land:
(a) Creation of a lien, mortgage, deed of trust or any other security instrument.
(b) Creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.
(c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.
(d) Conveying an interest in land acquired by the department of transportation under [chapters 408 and 409] chapter 408 of NRS.
(e) Filing a certificate of amendment under NRS 278.473.
4. When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When [such] the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.
5. Unless a method of land division is adopted for the purpose or would have the effect of evading this chapter, the provisions for division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.
Sec. 9. NRS 409.010 to 409.160, inclusive, are hereby repealed.
κ1985 Statutes of Nevada, Page 710 (CHAPTER 226, SB 141)κ
Sec. 10. All transfers of property and interests therein made by the department before July 1, 1985, which would be valid if made pursuant to the provisions of NRS 408.533 as amended by this act are hereby ratified.
________
Assembly Bill No. 466Assemblymen Bogaert, Kerns, McGaughey, Nevin, Schofield, Joerg, Little, Horne and Malone
CHAPTER 227
AN ACT relating to larceny; allowing the value of property or money taken from different vending machines to be combined to determine the grade of larceny; allowing the cost of repairing or replacing a vending machine to be added to the value of the property taken; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every person who feloniously steals, takes and carries away money, goods or property of the value of $100 or more from vending machines within a period of 1 week 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.
2. In determining whether the value of the money, property or goods taken is of the value of $100 or more, the cost of repairing damaged vending machines and replacing any machine, if necessary, must be added to the value of the money, goods or property.
________
Assembly Bill No. 331Committee on Government Affairs
CHAPTER 228
AN ACT relating to unincorporated towns; authorizing certain town boards to initiate annexations; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 269.652 is hereby amended to read as follows:
269.652 Proceedings to initiate any annexation authorized by NRS 269.650 may be commenced by:
1. Petition of a majority of the taxpayers residing in the area to be annexed;
κ1985 Statutes of Nevada, Page 711 (CHAPTER 228, AB 331)κ
2. Recommendation of the county planning commission;
3. Resolution of the town board or the board of county commissioners,
or by any combination thereof.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 156Committee on Finance
CHAPTER 229
AN ACT relating to governmental accounting; creating and abolishing various funds and accounts; revising the accounting practices for the funds; establishing procedures for the administration of the revolving account for archeology by the division of historic preservation and archeology; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 349.090 is hereby amended to read as follows:
349.090 There is hereby created in the state treasury a debt service fund to be known [and designated] as the consolidated bond interest and redemption fund. The state treasurer shall maintain records of accounting reflecting the current condition of the fund.
Sec. 2. NRS 350A.190 is hereby amended to read as follows:
350A.190 1. All revenues from lending projects must be deposited in the fund for the municipal bond bank in the state treasury, which is hereby created [.] as a special revenue fund.
2. Any revenue from lending projects which is in the fund must be applied in the following order of priority:
(a) Deposited into the consolidated bond interest and redemption fund created pursuant to NRS 349.090 in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter.
(b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter, in amounts and at times determined to be necessary.
(c) Paid out for expenses of operation and maintenance.
(d) On July 1, of each odd-numbered year, to the extent of any uncommitted balance in the fund, deposited in the state general fund.
Sec. 3. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
If the clerk of the supreme court:
1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250, he is guilty of a misdemeanor and upon conviction shall be fined in an amount not exceeding $1,000.
κ1985 Statutes of Nevada, Page 712 (CHAPTER 229, SB 156)κ
2. Takes greater fees than allowed under NRS 2.250, he shall, upon conviction, be removed from office and fined in an amount not exceeding $1,000.
Sec. 4. NRS 2.250 is hereby amended to read as follows:
2.250 1. The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:
(a) Whenever any appeal from the final judgment or any order of a district court is taken to the supreme court, or whenever any special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise, is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the filing of the transcript on the appeal, cross-appeal or petition in a special proceeding in the supreme court, pay the clerk of the supreme court the sum of $100, which payment is in full of all fees of the clerk of the supreme court in the action or special proceeding.
(b) No fees may be charged by the clerk in any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or commission thereof is a party in his or its official capacity, against the officer or commission.
(c) In habeas corpus proceedings of a criminal or quasi-criminal nature no fees may be charged.
(d) A fee of $30 for supreme court decisions in pamphlet form for each fiscal year, or a fee of $15 for less than 6 months supply of decisions, to be collected from any person except those persons and agencies mentioned in NRS 2.345.
(e) A fee from any person who requests any photostatic copy or any photocopy print of any paper or document in an amount not to exceed the cost of copying the paper or document.
2. No other fees may be charged than those specially set forth in this section nor may fees be charged for any other services than those mentioned in this section.
3. The clerk of the supreme court shall keep in his office a fee book in which he shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection.
4. The clerk of the supreme court shall publish and set up in some conspicuous place in his office a fee table for public inspection. He shall forfeit a sum not exceeding $20 for each day of his omission to do so, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of his fees which may be due him for services rendered by him in any suit or proceeding, he may have execution therefor in his own name against the party from whom they are due, to be issued from the supreme court upon order of a justice thereof or from the court upon affidavit filed.
κ1985 Statutes of Nevada, Page 713 (CHAPTER 229, SB 156)κ
supreme court upon order of a justice thereof or from the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of any party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The clerk of the supreme court shall, when he deposits with the state treasurer money received by him for court fees, render to the state treasurer a brief note of the cases in which the money was received.
[8. If the clerk of the supreme court violates any of the provisions of subsections 2 and 3 of this section, he shall be fined in any sum not exceeding $1,000.
9. If the clerk of the supreme court takes more or greater fees than are allowed in this section he is liable to indictment, and on conviction he must be removed from office and fined in any sum not exceeding $1,000.]
Sec. 5. NRS 3.027 is hereby amended to read as follows:
3.027 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 in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of substantive law appropriate to a district court, to each district judge who is first elected or appointed to office after July 1, 1981, and to other district judges 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 district court, to all district judges at convenient intervals.
2. The costs of the instruction must be paid from the [fund for the continuing education of district judges which is hereby created as a special revenue fund. Support for the fund must be provided by legislative appropriations from the state general fund.] supreme courts account for continuing education. The court administrator shall administer the [fund] account and claims against the [fund] account must be paid as other claims against the state are paid.
Sec. 6. NRS 223.121 is hereby amended to read as follows:
223.121 1. The legislative commission may, upon the election of each new governor, enter into a contract with an artist for the purpose of procuring a portrait of that governor for display in the Capitol Building.
2. The portrait must be painted in oil colors and appropriately framed. The painting and framing must be done in the same manner, style and size as the portraits of former governors of the state displayed in the Capitol Building.
3. The contract price must not exceed the appropriation made for this purpose to the [fund for the governors portrait, which is hereby created as a special revenue fund in the state treasury.] account for the governors portrait in the state general fund. The contract price must include the cost of the portrait and the frame.
κ1985 Statutes of Nevada, Page 714 (CHAPTER 229, SB 156)κ
4. The portrait and frame are subject to the approval of the governor.
5. Upon delivery of the approved, framed portrait to the secretary of state and its acceptance by the legislative commission, the state controller shall draw his warrant in an amount equal to the contract price and the state treasurer shall pay the warrant from the [fund] account for the governors portrait. Any balance remaining in the [fund immediately reverts] account immediately lapses to the state general fund.
Sec. 7. NRS 227.130 is hereby amended to read as follows:
227.130 1. The state controller shall withhold from each claimants pay the amounts specified in the revenue act of the United States as is now in force and such amounts as may hereafter be further specified by additional enactments of Congress, and transmit [such] those amounts deducted to the Internal Revenue Service of the Unites States Department of the Treasury.
2. All transactions relating to the paying of the salaries of employees and related payroll costs which are handled by the state controller must be accounted for in the [state payroll trust fund,] agency fund for the payroll of the state, which is hereby created.
Sec. 8. NRS 233F.160 is hereby amended to read as follows:
233F.160 1. The [state communications] board may be substituted as the contracting party for any state agency in any existing agreements entered into by the agency respecting shared [communications] facilities for communications and in that event the board succeeds to all the rights and obligations of the substituted agency created by the agreement.
2. The board may collect and receive fees due on those agreements and any other agreements the board enters pursuant to this chapter. All [such] these fees must be deposited in the [state communications fund which is hereby created for the use of the board in defraying] fund for the communications subdivision of the Nevada highway patrol created pursuant to NRS 233F.148 and used by the board to defray the costs of the state communications system. [All claims against the fund must be paid in the manner that other claims against the state are paid.]
3. All gifts of money which the board is authorized to accept must be deposited in the [state communications] fund and used for the purpose specified by the donor or for the purpose of carrying out the provisions of this chapter.
Sec. 9. NRS 277.220 is hereby amended to read as follows:
277.220 The account for the Tahoe Regional Planning Agency [fund is hereby created in the state treasury. This fund shall consist of such moneys as may be] is hereby established in the state general fund and consists of any money provided by direct legislative appropriation. [Moneys in the fund shall] Money in this account must be expended for the support of, or paid over directly to, the Tahoe Regional Planning Agency in whatever amount and manner is directed by each appropriation or provided by law.
κ1985 Statutes of Nevada, Page 715 (CHAPTER 229, SB 156)κ
Sec. 10. NRS 360.271 is hereby amended to read as follows:
360.271 All money which the department receives in lieu of a surety bond from any dealer, importer or other person to meet a prerequisite for the issuance of a license or to comply with a provision of this Title [shall] must be deposited with the state treasurer for credit to the department of [taxation bond trust fund,] taxations agency fund for bonds, which is hereby created.
Sec. 10.5. NRS 360.279 is hereby amended to read as follows:
360.279 1. Three years after the service of notice upon any person who has deposited security with the department pursuant to the provisions of NRS 372.510 [that all sales tax and use tax liability] or 374.515 that any liability for the payment of sales and use taxes has been extinguished or satisfied and that his account has been closed and his security is eligible for return, the department [may,] shall, upon the failure of the person to claim the security, direct the state [treasurer] controller to:
(a) Transfer all or any part of the security to the state general fund, if the security is in the form of a cash deposit; or
(b) Sell the security in the manner prescribed in NRS 372.510 or 374.515 and deposit the proceeds thereof in the state general fund, if the security is in the form of a United States bearer bond.
2. [Notice] The notice mentioned in this section must be given as provided in NRS 372.425.
Sec. 11. Chapter 383 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 15, inclusive, of this act.
Sec. 12. The revolving account for archeology is hereby created. The money in the account must be used by the division for financing projects to excavate and study sites in this state of historic or prehistoric significance which are threatened by immediate destruction. Disbursements from the account must be made as other claims against the state are paid.
Sec. 13. 1. Any natural person unable to obtain other financial assistance for a project may apply for a loan pursuant to section 12 of this act by submitting to the division a written proposal for the excavation and study.
2. The division shall review the proposal to determine whether:
(a) The applicant is qualified by training and experience in the field of archeological research to carry out the project properly;
(b) There is a need for the particular project; and
(c) The project may provide important information concerning the history or prehistory of this state.
Sec. 14. 1. The administrator may approve a request for a loan from the revolving account for archeology if:
(a) He is satisfied that the proposal meets the criteria set forth in section 13 of this act; and
(b) The applicant agrees in writing to repay any money received to the division within 2 years after the project is commenced.
κ1985 Statutes of Nevada, Page 716 (CHAPTER 229, SB 156)κ
2. The division is responsible for ensuring that the money is repaid within 2 years. Any money received by the division pursuant to this section must be deposited in the revolving account for archeology.
Sec. 15. Upon completion of the project, the recipient of the loan shall furnish the division with a report of the results of the excavation and study in accordance with the standards agreed upon by the division and the recipient at the time the project was commenced.
Sec. 16. NRS 383.021 is hereby amended to read as follows:
383.021 1. The division of historic preservation and archeology is hereby created.
2. The division [is responsible for encouraging, planning and coordinating] shall:
(a) Encourage, plan and coordinate historic preservation and archeological activities within the state, including programs to survey, record, study and preserve or salvage objects, localities and information of historic, prehistoric and paleoenvironmental significance.
(b) Administer the revolving account for archeology pursuant to sections 12 to 15, inclusive, of this act.
Sec. 17. NRS 445.237 is hereby amended to read as follows:
445.237 1. In accordance with a schedule of fees to be prescribed by the commission, the department shall charge each applicant a reasonable fee to defray the costs of processing an application for a permit.
2. Fees collected pursuant to subsection 1 [shall] must be deposited [in the water pollution control permit fund, which is hereby created in the state treasury and shall be used to aid] with the state treasurer for credit to the appropriate account of the division and must be used in the administration of the permit program provided for in NRS 445.131 to 445.354, inclusive.
Sec. 18. NRS 452.380 is hereby amended to read as follows:
452.380 The administrator shall promptly deposit with the state treasurer, for credit to the [revolving fund of the insurance division, hereby established in the state treasury,] insurance divisions regulatory fund created by NRS 689.385, all fees and charges collected by him under this chapter. Expenses incurred in carrying out the provisions of this chapter must be paid from the fund as other claims against the state are paid.
Sec. 19. (Deleted by amendment.)
Sec. 20. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees and taxes as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission shall issue to the applicant named, under the name or style designated, such license as may be appropriate or as is provided by law.
κ1985 Statutes of Nevada, Page 717 (CHAPTER 229, SB 156)κ
under the name or style designated, such license as may be appropriate or as is provided by law.
2. The commission shall fix the amount of the bond to be required under subsection 1 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter. The bond must be furnished in cash or negotiable securities. If furnished in:
(a) Cash, the commission shall deposit the money in the state treasury for credit to the fund for bonds of state gaming licensees which is hereby created as an agency fund.
(b) Negotiable securities, the principal must be placed without restriction at the disposal of the commission, but any income must insure to the benefit of the licensee.
Sec. 21. NRS 463.153 is hereby amended to read as follows:
463.153 1. Within 30 days after service by mail or in person or 60 days from the time of the last publication, as provided in NRS 463.152, the person named may demand a hearing before the commission and show cause why he should have his name taken from such a list. Failure to demand [such] a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects his right to petition for judicial review as provided in paragraph (b) of subsection 3.
2. Upon receipt of a demand for hearing, the commission shall set a time and place for the hearing, which must be held in the offices of the board at Carson City or Las Vegas, Nevada. [Such a] This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time and place of the hearing are changed by agreement of the commission and the person demanding the hearing.
3. If, upon completion of the hearing, the commission determines that:
(a) The regulation does not or should not apply to the person so listed, the commission shall notify all persons licensed under NRS 463.220 and section 20 of this act of its determination.
(b) Placing the person on the exclusion or ejection list was proper, the commission shall make and enter in its minutes an order to that effect. [Such an] This order is subject to review by any court of competent jurisdiction in accordance with the provisions of NRS 463.315 to 463.318, inclusive.
Sec. 22. NRS 463.220 is hereby amended to read as follows:
463.220 1. The board shall present its final order upon an application to the commission at the next meeting of the commission.
2. The commission may, after considering the recommendation of the board, issue to the applicant [or applicants] named, as a natural [persons,] person, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same. The commission may limit the license or place such conditions thereon as it may deem necessary in the public interest.
κ1985 Statutes of Nevada, Page 718 (CHAPTER 229, SB 156)κ
place such conditions thereon as it may deem necessary in the public interest. The commission may, if [satisfied of the necessity of such an action,] it considers necessary, issue a probationary license. No state gaming license may be assigned either in whole or in part.
3. The commission may limit or place such conditions as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.
4. After final order of the board recommending denial of an application, the commission, after considering the recommendation of the board, may:
(a) Deny the application;
(b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or
(c) By unanimous vote of the members present, grant the application for a license, registration, finding of suitability or approval.
For the purposes of this section, a tie vote of the board upon an application does not constitute a recommendation of denial of the application.
5. If the commission is not satisfied that an applicant approved by the board is qualified to be licensed under this chapter, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
6. If the commission desires further investigation be made or to conduct [such] any hearings, it shall, within 30 days after presentation of the recommendation of the board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission must be taken within 120 days after the recommendation of the board has been presented to the commission. Failure of the commission to take action within 120 days shall be deemed to constitute approval of the applicant by the commission, and a license must be issued forthwith upon compliance by the applicant with the provisions of [subsection 8.] section 20 of this act.
7. The commission has full and absolute power and authority to deny any application for any cause it deems reasonable. If an application is denied, the commission shall prepare and file its written decision upon which its order denying the application is based.
[8. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees and taxes as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission shall issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
9. The commission shall fix the amount of the bond to be required under subsection 8 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370.
κ1985 Statutes of Nevada, Page 719 (CHAPTER 229, SB 156)κ
taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter. The bond shall be furnished in cash or negotiable securities. If furnished in:
(a) Cash, the commission shall deposit the money in the state treasury for credit to the fund for bonds of state gaming licensees which is hereby created as a trust fund.
(b) Negotiable securities, the principal must be placed without restriction at the disposal of the commission, but any income must inure to the benefit of the licensee.]
Sec. 23. NRS 467.040 is hereby amended to read as follows:
467.040 1. The commission may employ an executive secretary, who must not be a member of the commission.
2. Except as provided in NRS 467.080 [,] and 467.135, all money received by the executive secretary or the commission pursuant to the provisions of this chapter must be deposited with the state treasurer for credit to the state general fund.
Sec. 24. NRS 467.080 is hereby amended to read as follows:
467.080 1. The commission may issue and revoke licenses to conduct, hold or give boxing, sparring or wrestling contests, matches or exhibitions where an admission fee is received, to any applicant entity under such terms and in accordance with such provisions as the commission may prescribe.
2. Any application for such a license must be in writing and must correctly show and define the owner [or owners] of the applicant entity. The application must be accompanied by an annual fee to be fixed by the commission on a uniform scale . [or basis.]
3. Before any license is granted to an applicant entity which has filed its application as provided in this section, the applicant entity must file a bond in an amount fixed by the commission but not less than $2,000, with good and sufficient surety, and conditioned for the faithful performance by the applicant entity of the provisions of this chapter. This subsection does not apply to amateur athletic clubs. All money which the commission receives pursuant to this subsection must be deposited with the state treasurer for credit to the athletic commissions [trust] agency fund, which is hereby created.
4. If the commission believes this bond is inadequate, the commission may require the promoter to make a deposit of money in an amount fixed by the commission. The deposit must be made not less than 5 days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the commission. After satisfaction of all such obligations the commission shall release the remainder to the promoter.
Sec. 25. NRS 467.135 is hereby amended to read as follows:
467.135 1. The commission, its executive secretary or any other employee authorized by the commission may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the commission or its secretary or employee, the contestant is not competing honestly or to the best of his skill and ability or if the manager or seconds have violated any of the provisions of this chapter or the regulations [promulgated] adopted thereunder.
κ1985 Statutes of Nevada, Page 720 (CHAPTER 229, SB 156)κ
contestant, manager or second if, in the judgment of the commission or its secretary or employee, the contestant is not competing honestly or to the best of his skill and ability or if the manager or seconds have violated any of the provisions of this chapter or the regulations [promulgated] adopted thereunder.
2. This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.
3. Upon the withholding of any part of a purse or other money pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall pay the money over to the commission. Subject to the provisions of subsection 5, the money must be deposited with the state treasurer for credit to the state general fund.
5. Money turned over to the commission pending final action in any matter [,] must be credited to the athletic commissions [trust] agency fund and must remain in that fund until the commission orders its disposition in accordance with the final action taken.
Sec. 26. NRS 532.200 is hereby amended to read as follows:
532.200 1. For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for the costs, witness fees or expenses incurred by or upon the authority of the attorney general and the state engineer in any litigation affecting any order of determination adjudicating the waters of any [stream] system of streams in the State of Nevada, there is hereby created the adjudication emergency fund as a special revenue fund. All money returned under the provisions of chapter 181, Statutes of Nevada 1925, until those returns [aggregate the total of] total $6,000, must be deposited in [the adjudication emergency] this fund, and thereafter the fund must be maintained for the purposes designated in this section.
2. No part of the [adjudication emergency] fund may be used in the payment of attorneys fees.
3. The State of Nevada shall recover all costs paid or advanced under the provisions of this section, and the money recovered must be placed in the [adjudication emergency] fund.
4. All expenditures from the [adjudication emergency fund are subject to the approval of the attorney general, the state engineer and the state board of examiners.] fund must be paid as other claims against the state are paid.
Sec. 27. NRS 533.135 is hereby amended to read as follows:
533.135 1. At the time of submission of proofs of appropriation, where the necessary maps are prepared by the state engineer, the fee collected from [such] any claimants must be the actual cost of the survey and the preparation of maps.
κ1985 Statutes of Nevada, Page 721 (CHAPTER 229, SB 156)κ
2. The state engineer shall collect a fee of $50 for a proof of water used for domestic purposes or any other character of claim to water.
3. All fees collected as provided in this section must be accounted for in detail and deposited with the state treasurer . [once in each month.]
Sec. 28. NRS 538.330 is hereby amended to read as follows:
538.330 [The California-Nevada interstate compact fund, a special fund created pursuant to chapter 153, Statutes of Nevada 1955, with an initial appropriation of $30,000, is hereby continued, and shall be used for the purpose] The expenses of carrying out the provisions of NRS 538.270 to 538.410, inclusive, [and to accomplish their purposes.] must be paid out of an appropriate account of the division of water resources of the department of conservation and natural resources in the state general fund.
Sec. 29. NRS 538.460 is hereby amended to read as follows:
538.460 [The Nevada interstate compact fund, a special fund created pursuant to chapter 218, Statutes of Nevada 1951, with an initial appropriation of $1,000, is hereby continued, and shall be used for the purpose] The expenses of carrying out the provisions of NRS 538.420 to 538.520, inclusive [.] , must be paid out of an appropriate account of the division of water resources of the department of conservation and natural resources in the state general fund.
Sec. 30. NRS 543.150 is hereby amended to read as follows:
543.150 1. The legislature finds and declares that the people of this state have a paramount interest in the maximum use of all the water of the state and in efficient and effective water distribution to the public by governmental subdivisions, thus [insuring] ensuring the publics health and safety.
2. Whenever the system for the distribution of water [distribution system] of a governmental subdivision of this state has been damaged by flood or other act of God, resulting in an emergency condition of [water] a shortage of water for public use, the governing body of [such] the governmental subdivision may make application to the director for a loan to assist in repairing [such damage. Such application shall] the damage. The application must be made in the manner and form prescribed by the director. The director shall transmit the application to the bureau of environmental health of the health division of the department of human resources requesting an investigation and survey of the damage, and a report thereon. If the report of the bureau of environmental health of the health division finds that the damage has resulted in a lack of [water] service and a threat to public health because of the emergency [condition] resulting from a [water shortage,] shortage of water, the director may loan [moneys from the state flood repair and disaster relief fund] money from an appropriate account of the department of conservation and natural resources in the state general fund to repair [such] the damage or to reimburse [such] the governmental subdivision for [moneys] money expended by it to repair [such] the damage.
κ1985 Statutes of Nevada, Page 722 (CHAPTER 229, SB 156)κ
repair [such] the damage. The director shall determine the period to be allowed for repayment of the money [loaned, which period shall not be longer than] , not to exceed 20 years [from] after the date of the loan. He shall also determine the schedule of repayment of [such] the loans. All money received by the director as repayments of loans [shall] must be deposited in the [state flood repair and disaster relief fund.
3. There is hereby created in the state treasury the state flood repair and disaster relief fund. Moneys therefor shall be provided by direct legislative appropriation.] account from which it was lent.
Sec. 31. NRS 611.070 is hereby amended to read as follows:
611.070 1. Before a license is issued, the applicant shall deposit with the labor commissioner a bond, approved by the labor commissioner, in the [penal] sum of $1,000 with two or more sureties or [a duly] an authorized surety company as surety. A notice of 30 days [shall] must be given to the labor commissioner before cancellation of [such] the bond.
2. The bond [shall] must be conditioned so that the suspension, revocation, surrender or expiration of the license to operate the employment agency does not affect the coverage of the bond as to a claim arising out of acts that occurred before the date of the suspension, revocation, surrender or expiration of the license.
3. In lieu of a bond , an applicant may deposit with the labor commissioner:
(a) [A like] An amount of money [of the United States] or bonds of the United States or of the State of Nevada of an actual market value not less than the amount fixed by the labor commissioner; or
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which indicates an account containing 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 labor commissioner. Interest earned on [such] this amount accrues to the account of the applicant.
4. The labor commissioner may at any time require the licensee to file a new or supplementary bond, or deposit in lieu thereof, in a form and amount of not more than $5,000 to conform to the provisions of this section if the labor commissioner deems the initial deposit or surety of the initial bond to be unsatisfactory or the amount of the deposit or bond to have become insufficient to satisfy all claims, accrued or contingent, against the licensee.
5. Any [cash deposit] money received in lieu of a bond [shall] must be deposited with the state treasurer for credit to the labor commissioners [bond trust fund,] agency fund for bonds, which is hereby created. The [cash deposit shall] deposit must not be released for a period of 90 days following the date of suspension, revocation, surrender or expiration of the license.
Sec. 32. NRS 611.100 is hereby amended to read as follows:
611.100 [At the end of each month the] The labor commissioner shall make an itemized account of all [moneys] money received by him as [license] fees for licenses under the provisions of NRS 611.020 to 611.320, inclusive, and shall [pay the moneys to] deposit the money with the state treasurer [.
κ1985 Statutes of Nevada, Page 723 (CHAPTER 229, SB 156)κ
as [license] fees for licenses under the provisions of NRS 611.020 to 611.320, inclusive, and shall [pay the moneys to] deposit the money with the state treasurer [. Such moneys shall accrue to the general fund in the state treasury.] in accordance with the provisions of NRS 353.250.
Sec. 33. NRS 616.626 is hereby amended to read as follows:
616.626 1. Any claimant or dependent of a claimant who resides in this state and receives compensation for a permanent total disability caused by an industrial injury or a disablement from an occupational disease which occurred before April 9, 1971, is entitled to a 65 percent increase in that compensation, without regard to any [wage] limitation on wages imposed by this chapter on the amount of that compensation.
2. The increase must be paid from the [silicosis and disabled pension fund.] trust fund for pensions for silicosis and other disabilities.
Sec. 34. NRS 616.628 is hereby amended to read as follows:
616.628 1. Any widow, widower, surviving child or surviving dependent parent who resides in this state and who receives death benefits on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 65 percent increase in those benefits without regard to any [wage] limitation on wages imposed by this chapter on the amount of those benefits.
2. The increase must be paid from the [silicosis and disabled pension fund.] trust fund for pensions for silicosis and other disabilities.
Sec. 35. NRS 617.323 is hereby amended to read as follows:
617.323 1. There is hereby created in the state treasury the [silicosis and disabled pension fund.] trust fund for pensions for silicosis and other disabilities. The fund consists of money appropriated to the fund by the legislature and interest and income earned pursuant to subsection 2.
2. The interest and income earned on money in the [silicosis and disabled pension] fund, after deducting any applicable charges, must be credited to the fund.
3. The [silicosis and disabled pension] fund must be administered by the state treasurer. The money in the fund may be expended only for the purposes set forth in NRS 617.325 and none of the money in the fund may be expended for administrative purposes. The expenditures must be made on claims approved by the system and paid as other claims against the state are paid.
Sec. 36. NRS 617.325 is hereby amended to read as follows:
617.325 1. The money in the [silicosis and disabled pension fund] trust fund for pensions for silicosis and other disabilities must be expended to provide:
(a) The continuing benefits described in subsection 6 of NRS 617.460;
(b) The increased [permanent total disability] benefits for permanent total disability described in NRS 616.626; and
(c) The increased death benefits described in NRS 616.628.
κ1985 Statutes of Nevada, Page 724 (CHAPTER 229, SB 156)κ
2. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto under subsection 1, the state treasurer shall pay an amount equal to that shown on the statement from the [silicosis and disabled pension] fund to the system.
3. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent [or parents] who are provided benefits or increased benefits under the provisions of subsection 1 are no longer eligible for [such] those benefits, the balance of the [silicosis and disabled pension] fund must revert to the state general fund.
Sec. 37. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis is an occupational disease and is compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis are forever barred unless application is made to the insurer within 1 year after a temporary or total disability, or death.
3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation may be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee has been exposed to harmful quantities of silicon dioxide dust for not less than 3 years in employment in [Nevada] this state covered by the insurer.
5. Compensation on account of silicosis is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as provided in NRS 616.615, the insurer shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment. Payment of benefits and compensation is limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis before July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled, is not entitled to compensation payment by the insurer, but is entitled to continue to receive the same amount of compensation for the [silicosis and disabled pension fund.] trust fund for pensions for silicosis and other disabilities.
Sec. 38. NRS 689.385 is hereby amended to read as follows:
689.385 The insurance [division] divisions regulatory fund is hereby created as a special revenue fund. All money collected by the administrator under this chapter and chapter 452 of NRS must be deposited in the state treasury for credit to the fund. Expenses incurred in carrying out the provisions of this chapter must be paid from the fund as other claims against the state are paid.
κ1985 Statutes of Nevada, Page 725 (CHAPTER 229, SB 156)κ
Sec. 39. At the close of the 1984-1985 fiscal year, the state controller shall transfer the assets and liabilities of any fund abolished by the provisions of this act, to the extent that the assets have not been encumbered for the fiscal year 1985-1986, to the account or fund designated to replace the abolished fund.
________
Senate Bill No. 222Committee on Judiciary
CHAPTER 230
AN ACT relating to real property; providing a procedure for encumbrance to secure future advances; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 106 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in section 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Borrower means a mortgagor, grantor of a deed of trust or other debtor.
Sec. 4. Future advance means a loan of money to a borrower pursuant to an agreement but made after the agreement is executed.
Sec. 5. Instrument means a mortgage, deed of trust or other instrument encumbering real property as security for the repayment of a debt.
Sec. 6. Lender means a mortgagee, beneficiary of a deed of trust or other creditor holding an instrument.
Sec. 7. 1. A borrower may execute an instrument encumbering his real property to secure future advances from a lender within a mutually agreed maximum amount.
2. The instrument must state clearly on its face:
(a) That it secures future advances;
(b) The maximum amount to be secured;
(c) Whether the future advances are obligatory or at the option of the lender.
3. The maximum amount of advances to be secured by the instrument may increase or decrease from time to time by amendment of the instrument.
Sec. 8. 1. The priority of a lien for future advances dates from the time that the instrument is recorded in the office of the county recorder of the county in which the property is located, whether or not the:
(a) Future advances are obligatory or at the option of the lender; or
κ1985 Statutes of Nevada, Page 726 (CHAPTER 230, SB 222)κ
(b) Lender has notice of an intervening lien.
2. If an amendment to an instrument is recorded which increases the maximum amount of indebtedness secured by the instrument, the priority of any lien for future advances thereafter which exceed the maximum amount of the original indebtedness dates from the time the amendment is recorded in the office of the county recorder of the county in which the property is located.
Sec. 9. 1. The borrower may at any time personally deliver or send by certified mail, return receipt requested, a written notice to the lender stating that the borrower elects to terminate the operation of the instrument as security for future advances made after the date of receipt of the notice by the lender.
2. Within 4 working days after receipt of the notice, the lender must record in the office of the county recorder of the county where the original instrument was recorded a statement which:
(a) Refers to the original instrument;
(b) Contains the legal description of the encumbered real property;
(c) States that notice pursuant to subsection 1 was received by the lender, with the date of that receipt;
(d) States the total amount of principal owed on the date of receipt of notice on account of all outstanding debts and obligations secured by the instrument; and
(e) States the total amount of interest accrued on the outstanding debts and obligations as of the date the statement is recorded.
3. If the lender does not record the statement pursuant to subsection 2 within 4 working days, the borrower may record a similar statement and that statement has the same effect.
Sec. 10. Receipt of notice of termination by the lender does not affect the priority of any lien for any future advances previously made, obligations previously incurred or interest accrued thereon.
Sec. 11. Future advances made to a borrower after the receipt of notice of termination by the lender are not secured by the instrument. The principal amount of indebtedness secured by the instrument is limited to the amount stated by the lender in his recorded statement.
Sec. 12. The provisions of sections 2 to 12, inclusive, of this act, apply only to an instrument or supplement or amendment to an instrument that states clearly on its face that it is to be governed by those provisions.
________
κ1985 Statutes of Nevada, Page 727κ
Senate Bill No. 260Committee on Government Affairs
CHAPTER 231
AN ACT relating to the issuance of bonds; authorizing the Colorado River commission to issue additional bonds pursuant to chapter 482, Statutes of Nevada 1975, as amended; and providing other matters properly relating thereto.
[Approved May 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 482, Statutes of Nevada 1975, as last amended by chapter 454, Statutes of Nevada 1983, at page 1188, is hereby amended to read as follows:
Sec. 7. 1. The commission, on the behalf and in the name of the state, may:
(a) Acquire, hold, improve and equip the facilities;
(b) Acquire, hold, improve, equip and dispose of properties appertaining to the facilities, including without limitation water and water rights, for the benefit and welfare of the people of the state;
(c) Acquire, improve and equip the facilities and electric properties, wholly or in part, directly by construction contract or indirectly by contract with the Federal Government, or otherwise, or any combination thereof, as the commission may from time to time determine;
(d) Borrow money and otherwise become obligated in a total principal amount [not] :
(1) Not exceeding $63,000,000 to defray wholly or in part the cost of acquiring, improving and equipping the state facilities, and issue state securities to evidence such obligations;
[(e) Borrow money and otherwise become obligated in a total principal amount of not]
(2) Not exceeding $192,500,000 to defray wholly or in part the cost of acquiring, improving and equipping the federal facilities, and issue state securities to evidence such obligations;
[(f) Borrow money and otherwise become obligated in a total principal amount not]
(3) Not exceeding $5,000,000 to provide funds to defray wholly or in part the cost of acquiring, reconductoring and otherwise improving and equipping electric properties to complement the facilities, and issue state securities to evidence such obligations; [and
(g) Borrow money and otherwise become obligated in a total principal amount not exceeding $3,000,000 to defray wholly or in part the cost of acquiring and installing stainless steel casings and appurtenant equipment to replace the existing cast steel casings and appurtenant equipment in the 50 cubic feet per second, 2500 horsepower units located in Pumping Plants 1A and 2A of the federal facilities, and issue state securities to evidence such obligations.]
κ1985 Statutes of Nevada, Page 728 (CHAPTER 231, SB 260)κ
appurtenant equipment in the 50 cubic feet per second, 2500 horsepower units located in Pumping Plants 1A and 2A of the federal facilities, and issue state securities to evidence such obligations.]
(4) Not exceeding $11,000,000 to defray wholly or in part the cost of improving a section of the Las Vegas Valley Lateral, a conduit of the Robert B. Griffith Water Project supplying water for industrial and municipal use, in order to protect it from erosion, and issue state securities to evidence such obligations; and
(5) Not exceeding $10,000,000 to defray wholly or in part the cost of emergency replacement or repair of the facilities or any properties appertaining to the facilities, and issue state securities to evidence such obligations.
2. The power to issue securities hereunder in a total principal amount [of] not more than $192,500,000 under [paragraph (e)] subparagraph (2) of paragraph (d) of subsection 1 [of this section, shall decrease] decreases to the extent, for the acquisition of the federal facilities, Congress by federal act appropriates funds, the Office of Management and Budget apportions funds, the Bureau of Reclamation allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to [such] these earnings and any incidental expenses due under [such] that contract; but [such] the power to issue securities [shall not be] is not decreased because of any [moneys] money due under [such] that contract from the state to the Federal Government in the nature of interest charges to compensate it for money advanced by it until their repayment by the state.
3. [The power to issue securities in the principal amount of not more than $3,000,000 under paragraph (g) of subsection 1 shall increase or decrease to the extent justified by reason of changes in procurement costs between December 31, 1982, and the date of procurement as indicated by engineering cost indexes applicable to this type of procurement. The power to issue such securities shall for the acquisition of the stainless steel casings and appurtenant equipment decrease to the extent that the Congress by federal act appropriates funds, the Bureau of Reclamation allots funds and the Federal Government is obligated to pay earnings under contract, for the acquisition of the stainless steel casings and appurtenant equipment, or any part thereof.] The power to issue securities in a principal amount not more than $11,000,000 under subparagraph (4) of paragraph (d) and $10,000,00 under subparagraph (5) of paragraph (d), respectively, of subsection 1 increases or decreases to the extent justified by reason of changes in procurement costs between December 31, 1984, and the date of procurement as indicated by engineering cost indexes applicable to this type of procurement. The power to issue such securities for the purposes of subparagraphs (4) and (5) of paragraph (d) of subsection 1 decreases to the extent that the Congress by federal act appropriates funds, the Bureau of Reclamation allots funds and the Federal Government is obligated to pay earnings under contract for the purposes specified in those subparagraphs or any part thereof.
κ1985 Statutes of Nevada, Page 729 (CHAPTER 231, SB 260)κ
decreases to the extent that the Congress by federal act appropriates funds, the Bureau of Reclamation allots funds and the Federal Government is obligated to pay earnings under contract for the purposes specified in those subparagraphs or any part thereof.
Sec. 2. Section 8 of chapter 482, Statutes of Nevada 1975, as amended by chapter 454, Statutes of Nevada 1983, at page 1189, is hereby amended to read as follows:
Sec. 8. 1. Subject to the limitations as to maximum principal amounts in section 7 of this act, the commission may issue to defray the cost of the project, or any part thereof, at any time or from time to time after the adoption of this act, [but not after May 17, 1990,] as the commission may determine, the following types of state securities in accordance with the provisions of the State Securities Law:
(a) General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues;
(b) Revenue bonds and other securities constituting special obligations and payable from net pledged revenues; or
(c) Any combination of such securities.
2. Nothing in this act shall be construed as preventing the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or division at any time as provided in the State Securities Law.
3. Subject to contractual obligations, the net revenues pledged, if any, for the payment of state securities by the commission may be derived from the operation of all or any part of the income- producing facilities under the jurisdiction of the commission, including without limitation the facilities acquired by the project.
Sec. 3. The title of chapter 482, Statutes of Nevada 1975, as last amended by chapter 454, Statutes of Nevada 1983, at page 1190, is hereby amended to read as follows:
An Act relating to water; providing for certain [water] services and facilities and electric properties complementary thereto [and replacements for pump casings which are related to water services and facilities;] ; providing for improvements to facilities and properties appertaining thereto for the control of erosion; supplementing chapter 268, Statutes of Nevada 1967; authorizing the acquisition , improvement, replacement and repair of certain [water service] facilities, properties appurtenant thereto and electric works, properties and appurtenances complementary thereto [and replacements for pump casings and appurtenant equipment] and the issuance of bonds and other securities by the State of Nevada, acting by and through the Colorado River commission; [relating to] providing for the construction, other acquisition, equipment, operation, maintenance, improvement and disposal of properties appertaining to such facilities and properties; otherwise concerning such securities, facilities and properties, and revenues, taxes, pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.
κ1985 Statutes of Nevada, Page 730 (CHAPTER 231, SB 260)κ
pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 246Senator Glover (by request)
CHAPTER 232
AN ACT relating to motor vehicles; abolishing the requirement that a sampling for verification of insurance be made randomly; removing motorcycles and motor homes from that sampling; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 485.383 is hereby amended to read as follows:
485.383 1. The department shall annually select [, on a random sample basis,] a sample of not less than 10 percent of [the] all motor vehicles registered in this state , except motorcycles and motor homes, on which the security is a contract of insurance for a verification of motor vehicle insurance.
2. The department shall send a [verification] form for verification to the owner of each vehicle selected for [an insurance verification.] verification of insurance. The owner shall complete the form with all the information which is requested by the department and return the form and evidence of the insurance within 15 days.
3. When the department receives a completed [verification] form for verification it shall send the form to the named insurer.
4. Upon receipt of [an insurance verification form] a form for verification of insurance from the department, the insurer shall verify the information on the form and return it to the department only if the insurer does not have a current contract of insurance covering the vehicle.
5. The department shall suspend the [vehicle registration] registration of the vehicle and require the return to the department of the license plates of any vehicle for which a [verification form] form for verification is not returned to the department by the owner within 15 days or for which the [verification] form for verification is returned by the insurer with a denial of coverage.
6. Except as provided in subsection 10, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the owner of proof of financial responsibility for a period of 3 years.
7. A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.
8. If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.
κ1985 Statutes of Nevada, Page 731 (CHAPTER 232, SB 246)κ
NRS 485.185, it shall notify the district attorney of the county in which the person resides.
9. An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
10. If an owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date on which the sample was taken, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
________
Assembly Bill No. 292Committee on Taxation
CHAPTER 233
AN ACT relating to motor vehicles; removing the requirement for appointment of the county assessor as an agent for the department of motor vehicles in certain counties; requiring the deposit of a certain amount of the privilege tax in the countys general fund; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall certify monthly to the state board of examiners the amount of the 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 this section.
2. 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 and at least 5 percent of the privilege tax disbursed to a county must be deposited for credit to the countys general fund. 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 districts 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 districts 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.
3. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100.
κ1985 Statutes of Nevada, Page 732 (CHAPTER 233, AB 292)κ
than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
4. 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.
Sec. 2. NRS 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative regulations as may be necessary to carry out the provisions of this chapter.
2. The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The director [shall] may designate the county assessor of [each county with a population of less than 30,000] any county as agent to assist in carrying out the duties of the department in that county. The county assessor may, under an agreement with the department made pursuant to this subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in his county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but [may] must not exceed $1 for each registration.
Sec. 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. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. 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.
4. 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.
5. [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 6.
6. 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.
κ1985 Statutes of Nevada, Page 733 (CHAPTER 233, AB 292)κ
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 districts 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 districts 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.
7. Privilege taxes] The privilege tax 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 6.
8.] section 1 of this act.
6. As commission to the state for collecting the privilege [taxes] tax 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 30,000 or more and 1 percent from counties having a population of less than 30,000.
9.] is entitled to retain 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.
7. When the requirements of this section 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.
________
κ1985 Statutes of Nevada, Page 734κ
Assembly Bill No. 486Committee on Taxation
CHAPTER 234
AN ACT relating to taxes on retail sales; authorizing the use of the proceeds of the optional tax for public mass transportation for the construction, maintenance and repair of public roads; removing the prohibition against the imposition in certain counties of a tax to promote tourism in addition to a tax for public mass transportation and construction of public roads; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 377A.010 is hereby amended to read as follows:
377A.010 As used in this chapter, unless the context otherwise requires:
1. Board means the board of county commissioners.
2. Construction of public roads includes repair and maintenance of public roads.
3. Public roads means paved roads which are constructed and maintained by a city or county to which access is not limited.
4. Public transit system means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons, providing local transportation within a county.
Sec. 2. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 250,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030. [A board shall not impose both these taxes.]
2. An ordinance enacted pursuant to this chapter becomes effective when it is approved by a majority of the registered voters of the county voting upon a question which the board may submit to the voters at any election. The board shall also submit to the voters any proposal to change the previously approved uses for the proceeds of the tax.
3. Any ordinance enacted pursuant to this section must provide that the tax be imposed on the first day of the second calendar month following the approval of the ordinance by the voters.
Sec. 3. NRS 377A.030 is hereby amended to read as follows:
377A.030 Except as provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of not more than one-quarter of 1 percent of the gross receipts of any retailer from