Senate Bill No. 7–Senator Wiener
Prefiled January 24, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Repeals various obsolete provisions relating to telegraphs. (BDR 58‑587)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to telecommunications; repealing various obsolete provisions relating to telegraphs; revising certain provisions governing telephones; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 704.280 is hereby amended to read as follows:
1-2 704.280 The Commission may:
1-3 1. Regulate the manner in which power[, telephone and
1-4 telegraph] and telephone lines, pipelines and the tracks of any
1-5 street, steam or electric railroad or other common carrier cross or
1-6 connect with any other such lines or common carriers.
1-7 2. Prescribe such regulations and safety devices, respectively,
1-8 as may be necessary for the purpose of securing adequate service
1-9 and for the protection of the public.
1-10 Sec. 2. NRS 704.638 is hereby amended to read as follows:
1-11 704.638 It is unlawful for any person to post any advertising
1-12 sign, display or device, including a temporary political sign, on any
1-13 pole, support or other device of a public utility which is used to
1-14 support a [telegraph,] telephone or electric transmission line.
1-15 Sec. 3. NRS 704A.230 is hereby amended to read as follows:
1-16 704A.230 1. Any person owning real property within the
1-17 proposed service district who wishes to object to the establishment
1-18 of the proposed service district or to the costs thereof as contained in
2-1 the joint report pertaining to his lot or parcel included within the
2-2 proposed service district shall, before the date set for the hearing,
2-3 file written objections with the clerk.
2-4 2. In considering objections, the governing body [shall be] is
2-5 governed by the following:
2-6 (a) Each paper containing signatures [shall] must have attached
2-7 thereto an affidavit of an owner of real property within the proposed
2-8 service district stating that each signature was affixed in his
2-9 presence and is the signer’s genuine signature.
2-10 (b) An objection [shall] must be counted only for the real
2-11 property described as belonging to the signer. An objection without
2-12 a description [shall] must not be counted.
2-13 (c) The signature of one cotenant, or if community property, the
2-14 signature of either spouse, is sufficient for an objection.
2-15 (d) An objection signed by a guardian, executor, administrator
2-16 or trustee is valid without an order of court therefor.
2-17 (e) An objection by a person in possession under a contract of
2-18 purchase is valid.
2-19 (f) [When] If several persons have a claim to or an interest in
2-20 real property, the signature of any of [them] those persons is
2-21 sufficient unless questioned by another having a claim or interest,
2-22 whereupon the wishes of the person legally entitled to possession of
2-23 the real property at the date of the objection controls.
2-24 (g) An objection signed by an agent or attorney in fact [shall]
2-25 must be disregarded unless the authority of the agent has been
2-26 recorded with the county recorder or written [or telegraphic]
2-27 authority is attached to the objection before expiration of the time
2-28 for filing the objection.
2-29 (h) An objection may be withdrawn by filing a withdrawal with
2-30 the clerk before 5 p.m. of the last day for the filing of objections.
2-31 (i) The signature of a cotenant, spouse, claimant or person
2-32 interested may be questioned, and the authority of an agent or
2-33 attorney in fact may be questioned, at any time before the governing
2-34 body finally passes upon the sufficiency of the objection, but the
2-35 authority of an agent or attorney in fact may not be revoked as to a
2-36 signature after the expiration of the period in which objections may
2-37 be filed.
2-38 Sec. 4. NRS 705.210 is hereby amended to read as follows:
2-39 705.210 1. As used in this section:
2-40 (a) “Employees” means persons actually engaged in or
2-41 connected with the movement of any train.
2-42 (b) “Railroad” includes all bridges and ferries used or operated
2-43 in connection with any railroad, and also all the road in use by any
2-44 common carrier operating a railroad, whether owned or operated
2-45 under a contract agreement or lease.
3-1 2. The provisions of this section apply to any common carrier
3-2 or carriers, their officers, agents and employees engaged in the
3-3 transportation of passengers or property by railroad in the State of
3-4 Nevada.
3-5 3. It is unlawful for any common carrier, its officers or agents,
3-6 subject to this section, to require or permit any employee subject to
3-7 this section to be or remain on duty for a longer period than 16
3-8 consecutive hours, and whenever any such employee of such
3-9 common carrier has been continuously on duty for 16 hours he must
3-10 be relieved and not required or permitted again to go on duty until
3-11 he has had at least 10 consecutive hours off duty. No such employee
3-12 who has been on duty 16 hours in the aggregate in any 24-hour
3-13 period must be required or permitted to continue or again go on duty
3-14 without having had at least 8 consecutive hours off duty.
3-15 4. No employee who, by the use of the [telegraph or] telephone
3-16 or other electrical device, dispatches, reports, transmits, receives or
3-17 delivers orders or who from towers, offices, places and stations
3-18 operates signals or switches or similar mechanical devices
3-19 controlling, pertaining to, or affecting the movement of trains of
3-20 more than two cars must be required or permitted to be or remain on
3-21 duty in any 24-hour period for a longer period than 8 hours, which
3-22 must be wholly within the limits of a continuous shift and upon the
3-23 completion of that period the employee must not be required or
3-24 permitted again to go on duty until the expiration of 16 hours. This
3-25 subsection does not apply to employees who, in case of emergency,
3-26 use the telephone to obtain orders or information governing the
3-27 movement of trains. In case of an emergency, such employees may
3-28 be permitted to be and remain on duty for 4 additional hours in a 24-
3-29 hour period of not exceeding 3 days in any week.
3-30 5. Any common carrier, or any officer or agent thereof,
3-31 requiring or permitting any employee to go, be or remain on duty in
3-32 violation of subsections 3 and 4 shall be punished by a fine of not
3-33 more than $500.
3-34 6. In all prosecutions under this section the common carrier
3-35 shall be deemed to have had knowledge of all acts of its officers and
3-36 agents.
3-37 7. The provisions of this section do not apply:
3-38 (a) In any case of casualty or unavoidable accident or the act
3-39 of God.
3-40 (b) Where the delay was the result of a cause not known to the
3-41 carrier or its officers or agents in charge of such employee at the
3-42 time the employee left the terminal and which could not have been
3-43 foreseen.
3-44 (c) To the crews of wrecking or relief trains.
3-45 (d) To railroads not maintaining a regular night train schedule.
4-1 8. The Public Utilities Commission of Nevada shall:
4-2 (a) Execute and enforce the provisions of this section, and all
4-3 powers granted by law to the Public Utilities Commission of
4-4 Nevada are hereby extended to it in the execution of this section.
4-5 (b) Lodge with the proper district attorneys information of any
4-6 violations of this section which may come to its knowledge.
4-7 Sec. 5. NRS 707.230 is hereby amended to read as follows:
4-8 707.230 Any person [or persons, company, association or
4-9 corporation, desiring to do so,] may construct and maintain[, or, if
4-10 already constructed, may maintain, or, if partially constructed, may
4-11 complete and maintain, within] a telephone line in this state[, a
4-12 telegraph line or lines] by complying with NRS 707.240.
4-13 Sec. 6. NRS 707.240 is hereby amended to read as follows:
4-14 707.240 1. The person , [or persons,] or , if the person is a
4-15 company, association or corporation, the president or the managing
4-16 agent of the company, association or corporation [mentioned in
4-17 NRS 707.230, shall] must make, sign and acknowledge, before
4-18 [some] a person authorized by law to take acknowledgments of
4-19 deeds, a certificate in writing setting forth:
4-20 (a) The name [or names] of the person , [or persons,] company,
4-21 association or corporation [(as the case may be)] , as appropriate,
4-22 by whom the line is to be operated.
4-23 (b) The names of the points or places constituting the termini of
4-24 the line within this state.
4-25 (c) A general description of the route of the line.
4-26 2. The certificate [shall] must be filed and recorded in the
4-27 office of the Secretary of State, for which [such person or persons,]
4-28 the person, company, association or corporation [shall] must pay
4-29 the Secretary of State, for deposit in the State General Fund, the
4-30 sum of $5, and also 25 cents for each folio contained in the
4-31 certificate.
4-32 3. The record of the certificates [shall] must give constructive
4-33 notice to all persons of the matter therein contained. The work of
4-34 constructing [such] the telephone line, if not already commenced or
4-35 completed within 30 days after the filing of the certificate
4-36 [aforesaid, shall] , must be continued, with all reasonable dispatch,
4-37 until completed.
4-38 Sec. 7. NRS 707.250 is hereby amended to read as follows:
4-39 707.250 The person [or persons, company, association or
4-40 corporation] named in the certificate [(provided for] specified in
4-41 NRS 707.240[), and their] , and his assigns:
4-42 1. May construct[, or if constructed, maintain, or if partially
4-43 constructed, complete] and maintain[, their line of telegraph,] his
4-44 telephone line, described in [their] his certificate, filed as provided
4-45 in NRS 707.240, over and through any public or private lands, and
5-1 along or across any streets, alleys, roads, highways or streams
5-2 within this state, [provided they do] if the telephone line does not
5-3 obstruct the same; and
5-4 2. May operate the [telegraph] telephone line between the
5-5 termini of the same, and have and maintain offices [and stations at]
5-6 in any city, town, place or point along the line . [; and
5-7 3. Shall be entitled to demand, receive and collect for
5-8 dispatches and messages transmitted over such line such sum or
5-9 sums as he, they or the officers of the company, association or
5-10 corporation (as the case may be) may deem proper.]
5-11 Sec. 8. NRS 707.270 is hereby amended to read as follows:
5-12 707.270 [1. Such line or lines of telegraph as may avail
5-13 themselves] A person who avails himself of the provisions of NRS
5-14 707.230 to 707.290, inclusive, [shall also be] is also governed, in all
5-15 respects, by the general laws of [the] this state regulating [telegraph]
5-16 telephone lines, and shall do the business of side lines . [, and
5-17 transmit all dispatches in the order in which they are received, under
5-18 the penalty of $100. All damages sustained thereby shall be
5-19 recovered, with costs of suit, by the person or persons whose
5-20 dispatch is postponed out of its order; provided:
5-21 (a) That arrangements may be made with publishers of
5-22 newspapers for the transmission of intelligence of general and
5-23 public interest out of its order; and
5-24 (b) That preference may be given to official dispatches for the
5-25 detection and capture of criminals.
5-26 2. Messages on public business may be sent by the State of
5-27 Nevada over such lines free of charge.]
5-28 Sec. 9. NRS 707.280 is hereby amended to read as follows:
5-29 707.280 1. Any person or his assigns, who are constructing,
5-30 or who have already constructed, or who may propose to construct,
5-31 a [line of telegraph,] telephone line, as provided in NRS 707.230 to
5-32 707.290, inclusive, has the right-of-way for the telephone line and
5-33 so much land as may be necessary to construct and maintain the
5-34 line, and for this purpose may enter upon private lands along the line
5-35 described in the certificate for the purpose of examining and
5-36 surveying them.
5-37 2. [Where] If the lands cannot be obtained by the consent of
5-38 the owner or possessor thereof, so much of the land as may be
5-39 necessary for the construction of the telephone line may be
5-40 appropriated by the person or his assigns , [(as the case may be),]
5-41 after making compensation therefor, as follows[.] :
5-42 (a) The person or his agent shall select one appraiser, and the
5-43 owner or possessor shall select one[,] appraiser, and the two
5-44 appraisers so selected shall select a third[.] appraiser.
6-1 (b) The three appraisers selected pursuant to paragraph (a)
6-2 shall appraise the lands sought to be appropriated, after having been
6-3 first sworn, before a person authorized by law to administer oaths, to
6-4 make a true appraisement thereof, according to the best of their
6-5 knowledge and belief.
6-6 3. If the person or his agent tenders to the owner or possessor
6-7 the appraised value of the lands, appraised as provided in subsection
6-8 2, he may proceed in the construction, or, if constructed, in the use
6-9 of the telephone line over the land so appraised, and may maintain
6-10 the telephone line over and upon the land, and at all times enter
6-11 upon the land and pass over all adjoining lands for the purpose of
6-12 constructing, maintaining and repairing the [telegraph] telephone
6-13 line, not withstanding the tender may be refused. The tender must
6-14 always be kept good by the person or his agent.
6-15 4. An appeal may be taken by either party, from the finding of
6-16 the appraisers, to the district court of the county within which the
6-17 land so appraised is situated at any time within 3 months after the
6-18 [appraisement.] appraisal.
6-19 Sec. 10. NRS 707.910 is hereby amended to read as follows:
6-20 707.910 Any person who:
6-21 1. By the attachment of a ground wire, or by any other
6-22 contrivance, willfully destroys the insulation of a [telegraph or]
6-23 telephone line, or interrupts the transmission of the electric current
6-24 through the line;
6-25 2. Willfully interferes with the use of any [telegraph or]
6-26 telephone line, or obstructs or postpones the transmission of any
6-27 message over the line; or
6-28 3. Procures or advises any such injury, interference or
6-29 obstruction,
6-30 is guilty of a public offense, as prescribed in NRS 193.155,
6-31 proportionate to the value of any property damaged, altered,
6-32 removed or destroyed and in no event less than a misdemeanor.
6-33 Sec. 11. NRS 708.050 is hereby amended to read as follows:
6-34 708.050 1. The right to lay, maintain and operate pipelines,
6-35 together with telephone [and telegraph] lines incidental to and
6-36 designated for use only in connection with the operations of those
6-37 pipelines, along, across or under any public stream or highway in
6-38 this state, is hereby conferred upon all persons coming within any of
6-39 the definitions of common carrier pipelines contained in NRS
6-40 708.020, who have obtained a certificate of public convenience and
6-41 necessity as provided in NRS 708.025 and 708.035.
6-42 2. In the exercise of the privileges herein conferred, such
6-43 pipelines shall compensate the county or counties for any damage
6-44 done to the public road or highway in the laying of pipelines[,
6-45 telegraph] or telephone lines, along or across the same.
7-1 3. This section does not:
7-2 (a) Grant any pipeline company the right to use any public street
7-3 or alley of any incorporated city except by express permission from
7-4 the city or governing authority thereof.
7-5 (b) Allow any company to use any street or alley of an
7-6 unincorporated town, except by express permission of the board of
7-7 county commissioners of the county in which the town is situated.
7-8 Sec. 12. NRS 709.050 is hereby amended to read as follows:
7-9 709.050 1. The board of county commissioners may grant to
7-10 any person, company, corporation or association the franchise, right
7-11 and privilege to construct, install, operate and maintain street
7-12 railways, electric light, heat and power lines, gas and water mains,
7-13 telephone [and telegraph] lines, and all necessary or proper
7-14 appliances used in connection therewith or appurtenant thereto, in
7-15 the streets, alleys, avenues and other places in any unincorporated
7-16 town in the county, and along the public roads and highways of the
7-17 county, when the applicant complies with the terms and provisions
7-18 of NRS 709.050 to 709.170, inclusive.
7-19 2. The board of county commissioners shall not:
7-20 (a) Impose any terms or conditions on a franchise granted
7-21 pursuant to subsection 1 for the provision of telecommunications
7-22 service or interactive computer service other than terms or
7-23 conditions concerning the placement and location of the telephone
7-24 [or telegraph] lines and fees imposed for a business license or the
7-25 franchise, right or privilege to construct, install or operate [such]
7-26 those lines.
7-27 (b) Require a company that provides telecommunications
7-28 service or interactive computer service to obtain a franchise if it
7-29 provides telecommunications service over the telephone [or
7-30 telegraph] lines owned by another company.
7-31 3. As used in NRS 709.050 to 709.170, inclusive:
7-32 (a) “Interactive computer service” has the meaning ascribed to it
7-33 in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.
7-34 (b) “Street railway” means:
7-35 (1) A system of public transportation operating over fixed
7-36 rails on the surface of the ground; or
7-37 (2) An overhead or underground system, other than a
7-38 monorail, used for public transportation.
7-39 The term does not include a super speed ground transportation
7-40 system as defined in NRS 705.4292.
7-41 (c) “Telecommunications service” has the meaning ascribed to it
7-42 in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
7-43 4. As used in this section, “monorail” has the meaning ascribed
7-44 to it in NRS 705.650.
8-1 Sec. 13. NRS 709.060 is hereby amended to read as follows:
8-2 709.060 Any person[, company, corporation or association]
8-3 desiring a franchise, right or privilege for any purpose specified in
8-4 NRS 709.050 must file with the board of county commissioners of
8-5 the county wherein the franchise, right or privilege is to be exercised
8-6 an application in writing, which contains:
8-7 1. The name of the applicant and the time for which the
8-8 franchise, right or privilege is desired, not exceeding 25 years.
8-9 2. The places where the franchise, right or privilege is to be
8-10 exercised and, if in any unincorporated town, the streets, avenues,
8-11 alleys and other places through, over, under or along which the
8-12 franchise, right or privilege is sought.
8-13 3. If the application is for a street railway, it must designate the
8-14 route of the proposed line in the county, and specify the width of
8-15 ground desired to be included in its right-of-way.
8-16 4. A map or plat correctly showing and delineating, so far as
8-17 practicable, the proposed route or right-of-way of any street railway,
8-18 light, heat or power, [telegraph] or telephone lines, and the places
8-19 where gas or water mains are to be laid or installed.
8-20 Sec. 14. NRS 709.100 is hereby amended to read as follows:
8-21 709.100 The board of the county commissioners, at the time of
8-22 granting any such authority, franchise and right-of-way, shall
8-23 require the applicant to enter into an undertaking to the county in a
8-24 sum to be determined by the board of county commissioners, with
8-25 surety or sureties approved by the board, conditioned that the
8-26 applicant [shall] must commence active construction of [such
8-27 telephone, telegraph,] the telephone, light, heat or power lines, the
8-28 laying of gas or water mains, or such streetcar system, for which
8-29 [such] the franchise, right or privilege is granted, within 60 days
8-30 [from] after the date of the granting of the franchise, right or
8-31 privilege, and prosecute the construction thereof to completion with
8-32 due diligence[;] and, failing to comply with the conditions of [such]
8-33 the undertaking, shall pay into the treasury of the county to which
8-34 [such] the undertaking is given the sum of money mentioned therein
8-35 and forfeit all rights to [such] the franchise, right or privilege.
8-36 Sec. 15. NRS 709.130 is hereby amended to read as follows:
8-37 709.130 1. Every person[, company, corporation or
8-38 association] receiving a franchise pursuant to the provisions of NRS
8-39 709.050 to 709.170, inclusive, shall:
8-40 (a) Provide a plant with all necessary appurtenances of approved
8-41 construction for the full performance of his franchise duties, rights
8-42 and obligations, and for the needs, comfort and convenience of the
8-43 inhabitants of the various unincorporated towns and cities, county or
8-44 place to which his franchise relates.
9-1 (b) Keep the plants and appurtenances, including all tracks, cars,
9-2 poles, wires, pipes, mains and other attachments, in good repair, so
9-3 as not to interfere with the passage of persons or vehicles, or the
9-4 safety of persons or property.
9-5 2. Except as otherwise provided in this subsection, the board of
9-6 county commissioners may , when granting [such] the franchise, fix
9-7 and direct the location of all tracks, poles, wires, mains, pipes and
9-8 other appurtenances upon the public streets, alleys, avenues and
9-9 highways as best to serve the convenience of the public. The board
9-10 may change the location of any appurtenances and permit, upon
9-11 proper showing, all necessary extensions thereof when the interest
9-12 or convenience of the public requires. The board shall not require a
9-13 company that provides telecommunications service or interactive
9-14 computer service to place its facilities in ducts or conduits or on
9-15 poles owned or leased by the county.
9-16 3. All poles, except poles from which trolley wires are
9-17 suspended for streetcar lines, from which wires are suspended for
9-18 electric railroads, power, light or heating purposes within the
9-19 boundaries of unincorporated towns and over public highways must
9-20 not be less than 30 feet in height, and the wires strung thereon must
9-21 not be less than 25 feet above the ground.
9-22 4. Every person[, company, association or corporation]
9-23 operating a telephone[, telegraph] or electric light, heat or power
9-24 line, or any electric railway line, shall, with due diligence, provide
9-25 itself, at its own expense, a competent electrician to cut, repair and
9-26 replace wires in all cases where cutting or repairing or replacing is
9-27 made necessary by the removal of buildings or other property
9-28 through the public streets or highways.
9-29 5. No person[, company, corporation or association] may
9-30 receive an exclusive franchise nor may any board of county
9-31 commissioners grant a franchise in such a manner or under such
9-32 terms or conditions as to hinder or obstruct the granting of
9-33 franchises to other grantees, or in such a manner as to obstruct or
9-34 impede reasonable competition in any business or public service to
9-35 which NRS 709.050 to 709.170, inclusive, apply.
9-36 Sec. 16. NRS 709.150 is hereby amended to read as follows:
9-37 709.150 1. [All persons, companies, associations or
9-38 corporations] Each person in the business of conducting street
9-39 railways, telephone, [telegraph,] electric light and power lines, gas
9-40 or water mains in any of the cities, towns or places mentioned in
9-41 NRS 709.050 to 709.170, inclusive, under the provisions of any
9-42 other law providing for the granting of such franchises, and who [or
9-43 which] has not fully complied with the provisions of the law under
9-44 which his[, her, their or its] franchise was obtained, may,
9-45 nevertheless, have and enjoy all the privileges and benefits of
10-1 NRS 709.050 to 709.170, inclusive, if [such person, company,
10-2 association or corporation shall,] the person within 6 months after
10-3 March 23, 1909, [file] files in the office of the Secretary of State,
10-4 and in the office of the county recorder of the county in which [such
10-5 person, company, corporation or association maintains its] the
10-6 person maintains his principal office or place of business, [a duly]
10-7 an executed and acknowledged acceptance of the terms, conditions
10-8 and provisions of NRS 709.050 to 709.170, inclusive, which
10-9 acceptance, in case of a corporation, [shall] must be evidenced by [a
10-10 duly] an attested or certified copy of a resolution of its board of
10-11 directors.
10-12 2. [Nothing contained in] The provisions of this section [shall]
10-13 must not be construed to relieve any such person[, company,
10-14 association or corporation] of any duty or obligation provided in any
10-15 law or contained in any franchise under which any person[,
10-16 company, association or corporation] is operating on March 23,
10-17 1909.
10-18 Sec. 17. NRS 710.035 is hereby amended to read as follows:
10-19 710.035 Notwithstanding the provisions of NRS 710.030, the
10-20 board of county commissioners of any county controlling and
10-21 managing a telephone system, for the extension, betterment,
10-22 alteration, reconstruction or other major improvement, or any
10-23 combination thereof, of the system, including , without limitation ,
10-24 the purchase, construction, condemnation and other acquisition of
10-25 plants, stations, other buildings, structures, [telegraphic equipment,
10-26 other] equipment, furnishings, transmission and distribution lines,
10-27 other facilities, lands in fee simple, easements, rights-of-way, other
10-28 interests in land, other real and personal property, and
10-29 appurtenances, may, at any time or from time to time, in the name
10-30 and on the behalf of the county, issue:
10-31 1. General obligation bonds, payable from taxes;
10-32 2. General obligation bonds, payable from taxes, which
10-33 payment is additionally secured by a pledge of the net revenues
10-34 derived from the operation of the system; and
10-35 3. Revenue bonds constituting special obligations and payable
10-36 from such net revenues.
10-37 Sec. 18. NRS 710.310 is hereby amended to read as follows:
10-38 710.310 Subject to the provisions of NRS 710.310 [to 710.390,
10-39 inclusive,] , 710.320 and 710.390, the governing body of the county
10-40 or city, for the lease, purchase, construction, other acquisition,
10-41 extension, betterment, alteration, reconstruction or other major
10-42 improvement, financial assistance for operation, or any combination
10-43 thereof, of a railroad system, including , without limitation , the
10-44 lease, purchase, construction, condemnation and other acquisition of
10-45 plants, stations, other buildings, structures, engines, cars, tracks,
11-1 [telegraphic equipment,] signal equipment, traffic control
11-2 equipment, maintenance equipment, other equipment, furnishings,
11-3 electric transmission lines, other facilities, lands in fee simple,
11-4 easements, rights-of-way, other interests in land, other real and
11-5 personal property and appurtenances, may at any time, in the name
11-6 and on the behalf of the county or the city, issue:
11-7 1. In the manner provided in NRS 350.011 to 350.070,
11-8 inclusive:
11-9 (a) General obligation bonds, payable from taxes; and
11-10 (b) General obligation bonds, payable from taxes, which
11-11 payment is additionally secured by a pledge of the net revenues
11-12 derived from the operation of the system.
11-13 2. Revenue bonds constituting special obligations and payable
11-14 from net revenues, without the necessity of the revenue bonds being
11-15 authorized at any election.
11-16 Sec. 19. NRS 711.030 is hereby amended to read as follows:
11-17 711.030 “Community antenna television company” means any
11-18 person or organization which owns, controls, operates or manages a
11-19 community antenna television system, except that the definition
11-20 does not include:
11-21 1. A telephone[, telegraph] or electric utility regulated by the
11-22 Public Utilities Commission of Nevada where the utility merely
11-23 leases or rents to a community antenna television company wires or
11-24 cables for the redistribution of television signals to or toward
11-25 subscribers of that company; or
11-26 2. A telephone [or telegraph] utility regulated by the Public
11-27 Utilities Commission of Nevada where the utility merely provides
11-28 channels of communication under published tariffs filed with that
11-29 commission to a community antenna television company for the
11-30 redistribution of television signals to or toward subscribers of that
11-31 company.
11-32 Sec. 20. NRS 37.010 is hereby amended to read as follows:
11-33 37.010 Subject to the provisions of this chapter, the right of
11-34 eminent domain may be exercised in behalf of the following public
11-35 purposes:
11-36 1. Federal activities. All public purposes authorized by the
11-37 Government of the United States.
11-38 2. State activities. Public buildings and grounds for the use of
11-39 the State, the University and Community College System of Nevada
11-40 and all other public purposes authorized by the Legislature.
11-41 3. County, city, town and school district activities. Public
11-42 buildings and grounds for the use of any county, incorporated city or
11-43 town, or school district, reservoirs, water rights, canals, aqueducts,
11-44 flumes, ditches or pipes for conducting water for the use of the
11-45 inhabitants of any county, incorporated city or town, for draining
12-1 any county, incorporated city or town, for raising the banks of
12-2 streams, removing obstructions therefrom, and widening, deepening
12-3 or straightening their channels, for roads, streets and alleys, and all
12-4 other public purposes for the benefit of any county, incorporated
12-5 city or town, or the inhabitants thereof.
12-6 4. Bridges, toll roads, railroads, street railways and similar
12-7 uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll
12-8 roads, byroads, plank and turnpike roads, roads for transportation by
12-9 traction engines or locomotives, roads for logging or lumbering
12-10 purposes, and railroads and street railways for public transportation.
12-11 5. Ditches, canals, aqueducts for smelting, domestic uses,
12-12 irrigation and reclamation. Reservoirs, dams, water gates, canals,
12-13 ditches, flumes, tunnels, aqueducts and pipes for supplying persons,
12-14 mines, mills, smelters or other works for the reduction of ores, with
12-15 water for domestic and other uses, for irrigating purposes, for
12-16 draining and reclaiming lands, or for floating logs and lumber on
12-17 streams not navigable.
12-18 6. Mining, smelting and related activities. Mining, smelting
12-19 and related activities as follows:
12-20 (a) Mining and related activities, which are recognized as the
12-21 paramount interest of this state.
12-22 (b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes,
12-23 reservoirs, dams, water gates, canals, aqueducts and dumping places
12-24 to facilitate the milling, smelting or other reduction of ores, the
12-25 working, reclamation or dewatering of mines, and for all mining
12-26 purposes, outlets, natural or otherwise, for the deposit or conduct of
12-27 tailings, refuse, or water from mills, smelters, or other work for the
12-28 reduction of ores from mines, mill dams, pipelines, tanks or
12-29 reservoirs for natural gas or oil, an occupancy in common by the
12-30 owners or possessors of different mines, mills, smelters or other
12-31 places for the reduction of ores, or any place for the flow, deposit or
12-32 conduct of tailings or refuse matter and the necessary land upon
12-33 which to erect smelters and to operate them successfully, including
12-34 the deposit of fine flue dust, fumes and smoke.
12-35 7. Byroads. Byroads leading from highways to residences and
12-36 farms.
12-37 8. Public utilities. Lines for [telegraph,] telephone, electric
12-38 light and electric power and sites for plants for electric light and
12-39 power.
12-40 9. Sewerage. Sewerage of any city, town, settlement of not less
12-41 than 10 families or any public building belonging to the State or
12-42 college or university.
12-43 10. Water for generation and transmission of electricity.
12-44 Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for
13-1 supplying and storing water for the operation of machinery to
13-2 generate and transmit electricity for power, light or heat.
13-3 11. Cemeteries, public parks. Cemeteries or public parks.
13-4 12. Pipelines of beet sugar industry. Pipelines to conduct any
13-5 liquids connected with the manufacture of beet sugar.
13-6 13. Pipelines for petroleum products, natural gas. Pipelines for
13-7 the transportation of crude petroleum, petroleum products or natural
13-8 gas, whether interstate or intrastate.
13-9 14. Aviation. Airports, facilities for air navigation and aerial
13-10 rights-of-way.
13-11 15. Monorails. Monorails and any other overhead or
13-12 underground system used for public transportation.
13-13 16. Community antenna television companies. Community
13-14 antenna television companies which have been granted a franchise
13-15 from the governing body of the jurisdictions in which they provide
13-16 services. The exercise of the power of eminent domain may include
13-17 the right to use the wires, conduits, cables or poles of any public
13-18 utility if:
13-19 (a) It creates no substantial detriment to the service provided by
13-20 the utility;
13-21 (b) It causes no irreparable injury to the utility; and
13-22 (c) The Public Utilities Commission of Nevada, after giving
13-23 notice and affording a hearing to all persons affected by the
13-24 proposed use of the wires, conduits, cables or poles, has found that it
13-25 is in the public interest.
13-26 17. Redevelopment. The acquisition of property pursuant to
13-27 NRS 279.382 to 279.685, inclusive.
13-28 Sec. 21. NRS 81.160 is hereby amended to read as follows:
13-29 81.160 The provisions of NRS 81.010 to 81.160, inclusive, are
13-30 not applicable to railroads, [telegraph,] telephone, banking,
13-31 insurance, building and loan, or any other corporation, unless the
13-32 special provisions of NRS 81.010 to 81.160, inclusive, applicable
13-33 thereto are complied with.
13-34 Sec. 22. NRS 81.540 is hereby amended to read as follows:
13-35 81.540 1. The provisions of NRS 81.410 to 81.540, inclusive,
13-36 are not applicable to railroads, [telegraph,] telephone, banking,
13-37 insurance, building and loan, or any other corporation, unless the
13-38 special provisions of NRS 81.410 to 81.540, inclusive, applicable
13-39 thereto are complied with.
13-40 2. NRS 81.410 to 81.540, inclusive, do not amend or repeal
13-41 any of the provisions of NRS 81.010 to 81.160, inclusive, or NRS
13-42 81.170 to 81.270, inclusive.
13-43 Sec. 23. NRS 119.182 is hereby amended to read as follows:
13-44 119.182 1. The information submitted pursuant to NRS
13-45 119.140 must be given to and reviewed with each purchaser by the
14-1 broker or salesman before the execution of any contract for the sale
14-2 of any such property. The broker shall obtain from the purchaser a
14-3 signed receipt for a copy of the information and, if a contract for
14-4 disposition is entered into, the receipt and a copy of all contracts and
14-5 agreements must be kept in the broker’s files within the State of
14-6 Nevada for 3 years or 1 year after final payment has been made on
14-7 any contract for the sale of property, whichever is longer, and is
14-8 subject to such inspection and audit as may be prescribed by
14-9 regulations of the Division.
14-10 2. The purchaser of any subdivision or any lot, parcel, unit or
14-11 interest in any subdivision, not exempted under the provisions of
14-12 NRS 119.120 or 119.122 may cancel, by written notice, the contract
14-13 of sale until midnight of the fifth calendar day following the date of
14-14 execution of the contract, and the contract must so provide. The
14-15 right of cancelation may not be waived. Any attempt by the
14-16 developer to obtain such a waiver results in a contract which is
14-17 voidable by the purchaser.
14-18 3. The notice of cancelation may be delivered personally to the
14-19 developer or sent by certified mail or [telegraph] telegram to the
14-20 business address of the developer.
14-21 4. The developer shall, within 15 days after receipt of the
14-22 notice of cancelation, return all payments made by the purchaser.
14-23 Sec. 24. NRS 119A.410 is hereby amended to read as follows:
14-24 119A.410 1. The purchaser of a time share may cancel, by
14-25 written notice, the contract of sale until midnight of the fifth
14-26 calendar day following the date of execution of the contract. The
14-27 contract of sale must include a statement of this right.
14-28 2. The right of cancelation may not be waived. Any attempt by
14-29 the developer to obtain a waiver results in a contract which is
14-30 voidable by the purchaser.
14-31 3. The notice of cancelation may be delivered personally to the
14-32 developer or sent by certified mail or [telegraph] telegram to
14-33 the business address of the developer.
14-34 4. The developer shall, within 15 days after receipt of the
14-35 notice of cancelation, return all payments made by the purchaser.
14-36 Sec. 25. NRS 171.148 is hereby amended to read as follows:
14-37 171.148 1. A warrant of arrest may be electronically
14-38 transmitted . [by telegraph. A telegraphic] An electronically
14-39 transmitted copy of [such] the warrant may be sent to one or more
14-40 peace officers, and [such] the copy is as effectual in the hands of
14-41 any officer, and he must proceed in the same manner under it, as
14-42 though he held an original warrant issued by the magistrate before
14-43 whom the original complaint in the case was laid.
14-44 2. Every officer causing [telegraphic copies of warrants] a
14-45 warrant to be [sent] electronically transmitted pursuant to
15-1 subsection 1 must certify as correct [and file in the telegraph office
15-2 from which such copies are sent] a copy of the warrant and
15-3 endorsement thereon, and must return the original with a statement
15-4 of his action thereunder.
15-5 3. As used in this section, [“telegraph”] “electronically
15-6 transmitted” includes every method of electric or electronic
15-7 communication by which a written as distinct from an oral message
15-8 is transmitted.
15-9 Sec. 26. NRS 179.191 is hereby amended to read as follows:
15-10 179.191 1. If the Governor decides that the demand should
15-11 be complied with, he shall sign a warrant of arrest, which must be
15-12 sealed with the State Seal, and be directed to any peace officer or
15-13 other person whom he may think fit to entrust with the execution
15-14 thereof. The warrant must substantially recite the facts necessary to
15-15 the validity of its issuance.
15-16 2. A [telegraphic] copy or an abstract of the Governor’s
15-17 warrant may be sent by [telegraph,] teletype or any other electronic
15-18 device to the person entrusted with the execution of the warrant. The
15-19 copy or abstract is as effectual as the original warrant issued by the
15-20 Governor.
15-21 3. The person who causes a [telegraphic] copy or abstract of
15-22 the Governor’s warrant to be sent must certify as correct[, and file
15-23 in the telegraphic office from which the copy or abstract is sent,] a
15-24 copy of the warrant, and must return the original with a statement of
15-25 his actions under the warrant.
15-26 Sec. 27. NRS 179.425 is hereby amended to read as follows:
15-27 179.425 “Electronic, mechanical, or other device” means any
15-28 device or apparatus which can be used to intercept a wire or oral
15-29 communication other than:
15-30 1. Any telephone [or telegraph] instrument, equipment or
15-31 facility, or any component thereof:
15-32 (a) Furnished to the subscriber or user by a communications
15-33 common carrier in the ordinary course of its business and being used
15-34 by the subscriber or user in the ordinary course of its business; or
15-35 (b) Being used by a communications common carrier in the
15-36 ordinary course of its business, or by an investigative or law
15-37 enforcement officer in the ordinary course of his duties.
15-38 2. A hearing aid or similar device being used to correct
15-39 subnormal hearing to not better than normal.
15-40 Sec. 28. NRS 202.448 is hereby amended to read as follows:
15-41 202.448 1. A person shall not, through the use of any means
15-42 of oral, written or electronic communication, knowingly make any
15-43 threat or convey any false information concerning the presence,
15-44 delivery, dispersion, release or use of a biological agent or toxin
15-45 with the intent to:
16-1 (a) Injure, intimidate, frighten, alarm or distress any person,
16-2 whether or not any person is actually injured, intimidated,
16-3 frightened, alarmed or distressed thereby;
16-4 (b) Cause panic or civil unrest, whether or not [such] the panic
16-5 or civil unrest actually occurs;
16-6 (c) Extort or profit thereby, whether or not the extortion is
16-7 actually successful or any profit actually occurs; or
16-8 (d) Interfere with the operations of or cause economic or other
16-9 damage to any person or any officer, agency, board, bureau,
16-10 commission, department, division or other unit of federal, state or
16-11 local government, whether or not [such] the interference or damage
16-12 actually occurs.
16-13 2. A person who violates any provision of subsection 1 is
16-14 guilty of a category B felony and shall be punished by imprisonment
16-15 in the state prison for a minimum term of not less than 1 year and a
16-16 maximum term of not more than 6 years, and may be further
16-17 punished by a fine of not more than $5,000.
16-18 3. As used in this section, “oral, written or electronic
16-19 communication” includes, without limitation, any of the following:
16-20 (a) A letter, a note or any other type of written correspondence.
16-21 (b) An item of mail or a package delivered by any person or
16-22 postal or delivery service.
16-23 (c) A [telegraph or] wire service, or any other similar means of
16-24 communication.
16-25 (d) A telephone, cellular phone, satellite phone, pager or
16-26 facsimile machine, or any other similar means of communication.
16-27 (e) A radio, television, cable, closed-circuit, wire, wireless,
16-28 satellite or other audio or video broadcast or transmission, or any
16-29 other similar means of communication.
16-30 (f) An audio or video recording or reproduction, or any other
16-31 similar means of communication.
16-32 (g) An item of electronic mail, a modem or computer network,
16-33 or the Internet, or any other similar means of communication.
16-34 Sec. 29. NRS 202.840 is hereby amended to read as follows:
16-35 202.840 A person who , through the use of the mail, written
16-36 note, telephone, [telegraph,] radio broadcast or other means of
16-37 communication, willfully makes any threat, or maliciously conveys
16-38 false information knowing it to be false, concerning an attempt or
16-39 alleged attempt being made, or to be made, to kill, injure or
16-40 intimidate any person or unlawfully to damage or destroy any
16-41 building, vehicle, aircraft or other real or personal property by
16-42 means of any explosive, bomb, spring trap or mechanism known or
16-43 commonly thought to be dangerous to human life, limb or safety is
16-44 guilty of a category B felony and shall be punished by imprisonment
16-45 in the state prison for a minimum term of not less than 1 year and a
17-1 maximum term of not more than 6 years, and may be further
17-2 punished by a fine of not more than $5,000.
17-3 Sec. 30. NRS 205.095 is hereby amended to read as follows:
17-4 205.095 Every person who, with intent to injure or defraud[,
17-5 shall:
17-6 1. Make] :
17-7 1. Makes any false entry in any public record or account;
17-8 2. [Fail] Fails to make a true entry of any material matter in
17-9 any public record or account; or
17-10 3. [Forge] Forges any letter or written communication or copy
17-11 or purported copy thereof, or [send or deliver, or connive] sends or
17-12 delivers, or connives at the sending or delivery of any false or
17-13 fictitious [telegraph message] telegram or copy or purported copy
17-14 thereof, whereby or wherein the sentiments, opinions, conduct,
17-15 character, purpose, property, interests or rights of any person [shall
17-16 be] are misrepresented or may be injuriously affected, or knowing
17-17 any such letter, communication or [message] telegram or any copy
17-18 or purported copy thereof [to be false, shall utter or publish] is false,
17-19 utters or publishes the same or any copy or purported copy thereof
17-20 as true,
17-21 [shall be] is guilty of forgery and shall be punished as provided in
17-22 NRS 205.090.
17-23 Sec. 31. NRS 205.920 is hereby amended to read as follows:
17-24 205.920 1. It is unlawful for a person to obtain or attempt to
17-25 obtain telephone [or telegraph] service with the intent to avoid
17-26 payment for that service by himself or to avoid payment for that
17-27 service by any other person, by:
17-28 (a) Charging the service to an existing telephone number
17-29 without authority of the subscriber, to a nonexistent telephone
17-30 number or to a number associated with telephone service which is
17-31 suspended or terminated after notice of suspension or termination
17-32 has been given to the subscriber;
17-33 (b) Charging the service to a credit card without authority of the
17-34 lawful holder, to a nonexistent credit card or to a revoked or
17-35 canceled, as distinguished from expired, credit card after notice of
17-36 revocation or cancelation has been given to the holder;
17-37 (c) Using a code, prearranged scheme or other similar device to
17-38 send or receive information;
17-39 (d) Rearranging, tampering with or making connection with any
17-40 facilities or equipment, whether physically, electrically,
17-41 acoustically, inductively or otherwise;
17-42 (e) Using any other deception, false token or other means to
17-43 avoid payment for the service; or
18-1 (f) Concealing, or assisting another to conceal, from any
18-2 telephone [or telegraph] company or from any lawful authority the
18-3 existence or place of origin or destination of any message.
18-4 2. A person who violates the provisions of this section is guilty
18-5 of a category D felony and shall be punished as provided in
18-6 NRS 193.130.
18-7 3. This section applies when the service involved either
18-8 originates or terminates, or both originates and terminates, in the
18-9 State of Nevada, or when the charges for the service would have
18-10 been billable in the normal course by a person[, firm or corporation]
18-11 providing the service in this state but for the fact that the service was
18-12 obtained or attempted to be obtained by one or more of the means
18-13 set forth in subsection 1.
18-14 Sec. 32. NRS 205.930 is hereby amended to read as follows:
18-15 205.930 1. It is unlawful to make or possess any instrument,
18-16 apparatus or device or to sell, give or otherwise transfer to another
18-17 or to offer or advertise for sale any instrument, apparatus, device or
18-18 information, or plans or instructions for making or assembling such
18-19 equipment, with knowledge or reason to believe that it is intended to
18-20 be used to obtain telephone [or telegraph] service with intent to
18-21 avoid payment therefor by any of the means listed in paragraph (c),
18-22 (d) or (f) of subsection 1 of NRS 205.920, or to represent or imply
18-23 that it may lawfully be so used.
18-24 2. A person who violates any of the provisions of subsection 1
18-25 is guilty of a category D felony and shall be punished as provided in
18-26 NRS 193.130.
18-27 Sec. 33. NRS 206.280 is hereby amended to read as follows:
18-28 206.280 Every person who [shall] willfully or maliciously and
18-29 with intent to injure another [destroy, alter, erase, obliterate or
18-30 conceal] destroys, alters, erases, obliterates or conceals any letter,
18-31 [telegraph] message, book or record of account, or any writing or
18-32 instrument by which any claim, privilege, right, obligation or
18-33 authority, or any right or title to property, real or personal, is, or
18-34 purports to be, or upon the happening of some future event may be
18-35 evidenced, created, acknowledged, transferred, increased,
18-36 diminished, encumbered, defeated, discharged or affected, [shall be]
18-37 is guilty of a gross misdemeanor.
18-38 Sec. 34. NRS 244A.027 is hereby amended to read as follows:
18-39 244A.027 “Drainage and flood control project” means any
18-40 natural and artificial water facilities for the collection,
18-41 transportation, impoundment and disposal of rainfall, storm, flood
18-42 or surface drainage waters, including , without limitation , ditches,
18-43 lakes, reservoirs, revetments, levees, dikes, walls, embankments,
18-44 bridges, sewers, culverts, inlets, connections, laterals, collection
18-45 lines, outfalls, outfall sewers, trunk sewers, intercepting sewers,
19-1 transmission lines, conduits, syphons, sluices, flumes, canals,
19-2 ditches, natural and artificial watercourses, ponds, dams, retarding
19-3 basins, and other water diversion and storage facilities, pumping
19-4 stations, stream gauges, rain gauges, meters, flood warning service
19-5 and appurtenant telephone, [telegraph,] radio and television service,
19-6 engines, valves, pumps, apparatus, fixtures, structures and buildings
19-7 , [(]or any combination thereof , [),] and all appurtenances and
19-8 incidentals necessary, useful or desirable for any such facilities,
19-9 including , without limitation , all types of property therefor.
19-10 Sec. 35. NRS 267.460 is hereby amended to read as follows:
19-11 267.460 “Drainage project” means any natural and artificial
19-12 water facilities for the collection, channeling, impoundment and
19-13 disposal of rainfall, other surface and subsurface drainage waters
19-14 and storm and floodwaters, including , without limitation , ditches,
19-15 ponds, dams, spillways, retarding basins, detention basins, lakes,
19-16 reservoirs, canals, channels, levees, revetments, dikes, walls,
19-17 embankments, bridges, inlets, outlets, connections, laterals, other
19-18 collection lines, intercepting sewers, outfalls, outfall sewers, trunk
19-19 sewers, force mains, submains, water lines, sluices, flumes, syphons,
19-20 sewer lines, pipes, conduits, culverts, other transmission lines,
19-21 pumping stations, gauging stations, ventilating facilities, stream
19-22 gauges, rain gauges, engines, valves, pumps, meters, junction boxes,
19-23 manholes, other inlet and outlet structures, bucket machines, inlet
19-24 and outlet cleaners, backhoes, draglines, graders, other equipment,
19-25 apparatus, fixtures, structures and buildings, flood-warning service
19-26 and appurtenant telephone, [telegraph,] radio and television
19-27 apparatus, and other water diversion, drainage and flood-control
19-28 facilities , [(]or any combination thereof . [).]
19-29 Sec. 36. NRS 268.088 is hereby amended to read as follows:
19-30 268.088 The governing body of an incorporated city shall not:
19-31 1. Impose any terms or conditions on a franchise for the
19-32 provision of telecommunications service or interactive computer
19-33 service other than terms or conditions concerning the placement and
19-34 location of the telephone [or telegraph] lines and fees imposed for a
19-35 business license or the franchise, right or privilege to construct,
19-36 install or operate such lines.
19-37 2. Require a company that provides telecommunications
19-38 service or interactive computer service to obtain a franchise if it
19-39 provides telecommunications service over the telephone [or
19-40 telegraph] lines owned by another company.
19-41 3. Require a person who holds a franchise for the provision of
19-42 telecommunications service to place its facilities in ducts or conduits
19-43 or on poles owned or leased by the city.
20-1 4. As used in this section:
20-2 (a) “Interactive computer service” has the meaning ascribed to it
20-3 in 47 U.S.C. § 230(e)(2), as that section existed on July 16, 1997.
20-4 (b) “Telecommunications service” has the meaning ascribed to it
20-5 in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
20-6 Sec. 37. NRS 268.680 is hereby amended to read as follows:
20-7 268.680 “Communications project” means facilities pertaining
20-8 to a municipal communications system for the broadcast,
20-9 translation, transmission and relay of television, radio[, telephone
20-10 or telegraph,] or telephone, including , without limitation ,
20-11 subsurface, surface and elevated transmission and distribution lines,
20-12 towers, generators, power plants, stations, conduits, engines, meters,
20-13 poles, resistors, transformers, cables, apparatus, tools, and other
20-14 buildings, structures, fixtures, furnishings, equipment and other
20-15 communications facilities , [(]or any combination thereof . [).]
20-16 Sec. 38. NRS 268.682 is hereby amended to read as follows:
20-17 268.682 “Drainage project” or “flood control project,” or any
20-18 phrase of similar import, means any natural and artificial water
20-19 facilities for the collection, channeling, impoundment and disposal
20-20 of rainfall, other surface and subsurface drainage waters, and storm
20-21 and floodwaters, including , without limitation , ditches, ponds,
20-22 dams, spillways, retarding basins, detention basins, lakes, reservoirs,
20-23 canals, channels, levees, revetments, dikes, walls, embankments,
20-24 bridges, inlets, outlets, connections, laterals, other collection lines,
20-25 intercepting sewers, outfalls, outfall sewers, trunk sewers, force
20-26 mains, submains, water lines, sluices, flumes, syphons, sewer lines,
20-27 pipes, conduits, culverts, other transmission lines, pumping stations,
20-28 gauging stations, ventilating facilities, stream gauges, rain gauges,
20-29 engines, valves, pumps, meters, junction boxes, manholes, other
20-30 inlet and outlet structures, bucket machines, inlet and outlet
20-31 cleaners, backhoes, draglines, graders, other equipment, apparatus,
20-32 fixtures, structures and buildings, flood warning service and
20-33 appurtenant telephone, [telegraph,] radio and television apparatus
20-34 and other water diversion, drainage and flood control facilities , [(]
20-35 or any combination thereof . [).]
20-36 Sec. 39. NRS 268.688 is hereby amended to read as follows:
20-37 268.688 “Fire protection project” means any facilities for a
20-38 municipal fire protection system, including , without limitation , fire
20-39 stations, pumper trucks, hook and ladder trucks, rescue trucks, fire
20-40 engines, other motor vehicles, water works, hydrants, other water
20-41 supply facilities, [telegraphic] mechanical and electronic fire
20-42 signals, telephone, [telegraph,] radio and television service facilities,
20-43 hooks, ladders, chutes, buckets, gauges, hoses, pumps, fire
20-44 extinguishers, fans, artificial lights, respirators, rescue equipment
20-45 and other fire protection and fire-fighting apparatus , [(]or any
21-1 combination thereof , [),] and other buildings, structures, furnishings
21-2 and equipment therefor.
21-3 Sec. 40. NRS 269.170 is hereby amended to read as follows:
21-4 269.170 1. Except as otherwise provided in NRS 576.128,
21-5 the town board or board of county commissioners may in any
21-6 unincorporated town:
21-7 (a) Fix and collect a license tax on, and regulate, having due
21-8 regard to the amount of business done by each person so licensed,
21-9 and all places of business and amusement so licensed, as follows:
21-10 (1) Artisans, artists, assayers, auctioneers, bakers, banks and
21-11 bankers, barbers, boilermakers, cellars and places where soft drinks
21-12 are kept or sold, clothes cleaners, foundries, laundries, lumberyards,
21-13 manufacturers of soap, soda, borax or glue, markets, newspaper
21-14 publishers, pawnbrokers, funeral directors and wood and coal
21-15 dealers.
21-16 (2) Bootmakers, cobblers, dressmakers, milliners,
21-17 shoemakers and tailors.
21-18 (3) Boardinghouses, hotels, lodginghouses, restaurants and
21-19 refreshment saloons.
21-20 (4) Barrooms, gaming, manufacturers of liquors and other
21-21 beverages, and saloons.
21-22 (5) Billiard tables, bowling alleys, caravans, circuses,
21-23 concerts and other exhibitions, dance houses, melodeons,
21-24 menageries, shooting galleries, skating rinks and theaters.
21-25 (6) Corrals, hay yards, livery and sale stables and wagon
21-26 yards.
21-27 (7) Electric light companies, illuminating gas companies,
21-28 power companies, [telegraph companies,] telephone companies and
21-29 water companies.
21-30 (8) Carts, drays, express companies, freight companies, job
21-31 wagons, omnibuses and stages.
21-32 (9) Brokers, commission merchants, factors, general agents,
21-33 mercantile agents, merchants, traders and stockbrokers.
21-34 (10) Drummers, hawkers, peddlers and solicitors.
21-35 (11) Insurance agents, brokers, analysts, adjusters and
21-36 managing general agents within the limitations and under the
21-37 conditions prescribed in NRS 680B.020.
21-38 (b) Fix and collect a license tax upon all professions, trades or
21-39 business within the town not specified in paragraph (a).
21-40 2. No license to engage in business as a seller of tangible
21-41 personal property may be granted unless the applicant for the license
21-42 presents written evidence that:
21-43 (a) The Department of Taxation has issued or will issue a permit
21-44 for this activity, and this evidence clearly identifies the business by
21-45 name; or
22-1 (b) Another regulatory agency of the State has issued or will
22-2 issue a license required for this activity.
22-3 3. Any license tax levied for the purposes of NRS 244A.597 to
22-4 244A.655, inclusive, constitutes a lien upon the real and personal
22-5 property of the business upon which the tax was levied until the tax
22-6 is paid. The lien must be enforced in the same manner as liens for ad
22-7 valorem taxes on real and personal property. The town board or
22-8 other governing body of the unincorporated town may delegate the
22-9 power to enforce such liens to the county fair and recreation board.
22-10 4. The governing body or the county fair and recreation board
22-11 may agree with the Department of Taxation for the continuing
22-12 exchange of information concerning taxpayers.
22-13 Sec. 41. NRS 271.095 is hereby amended to read as follows:
22-14 271.095 “Drainage project” means any natural and artificial
22-15 watercourses, wells, ditches, lakes, reservoirs, revetments, canals,
22-16 levees, dikes, walls, embankments, bridges, sewers, culverts,
22-17 syphons, sluices, flumes, ponds, dams, retarding basins, and other
22-18 water diversion and storage facilities, pumping stations, stream
22-19 gauges, rain gauges, flood warning service and appurtenant
22-20 telephone, [telegraph,] radio and television service, and all
22-21 appurtenances and incidentals necessary, useful or desirable for any
22-22 such facilities , [(]or any combination thereof , [),] including real
22-23 and other property therefor.
22-24 Sec. 42. NRS 392.915 is hereby amended to read as follows:
22-25 392.915 1. A person shall not, through the use of any means
22-26 of oral, written or electronic communication, knowingly threaten to
22-27 cause bodily harm or death to a pupil or employee of a school
22-28 district or charter school with the intent to:
22-29 (a) Intimidate, frighten, alarm or distress a pupil or employee of
22-30 a school district or charter school;
22-31 (b) Cause panic or civil unrest; or
22-32 (c) Interfere with the operation of a public school, including,
22-33 without limitation, a charter school.
22-34 2. Unless a greater penalty is provided by specific statute, a
22-35 person who violates the provisions of subsection 1 is guilty of:
22-36 (a) A misdemeanor, unless the provisions of paragraph (b) apply
22-37 to the circumstances.
22-38 (b) A gross misdemeanor, if the threat causes:
22-39 (1) Any pupil or employee of a school district or charter
22-40 school who is the subject of the threat to be intimidated, frightened,
22-41 alarmed or distressed;
22-42 (2) Panic or civil unrest; or
22-43 (3) Interference with the operation of a public school,
22-44 including, without limitation, a charter school.
23-1 3. As used in this section, “oral, written or electronic
23-2 communication” includes, without limitation, any of the following:
23-3 (a) A letter, note or any other type of written correspondence.
23-4 (b) An item of mail or a package delivered by any person or
23-5 postal or delivery service.
23-6 (c) A [telegraph or] wire service, or any other similar means of
23-7 communication.
23-8 (d) A telephone, cellular phone, satellite phone, page or
23-9 facsimile machine, or any other similar means of communication.
23-10 (e) A radio, television, cable, closed-circuit, wire, wireless,
23-11 satellite or other audio or video broadcast or transmission, or any
23-12 other similar means of communication.
23-13 (f) An audio or video recording or reproduction, or any other
23-14 similar means of communication.
23-15 (g) An item of electronic mail, a modem or computer network,
23-16 or the Internet, or any other similar means of communication.
23-17 Sec. 43. NRS 394.178 is hereby amended to read as follows:
23-18 394.178 1. A person shall not, through the use of any means
23-19 of oral, written or electronic communication, knowingly threaten to
23-20 cause bodily harm or death to a pupil or employee of a private
23-21 school with the intent to:
23-22 (a) Intimidate, frighten, alarm or distress a pupil or employee of
23-23 a private school;
23-24 (b) Cause panic or civil unrest; or
23-25 (c) Interfere with the operation of a private school.
23-26 2. Unless a greater penalty is provided by specific statute, a
23-27 person who violates the provisions of subsection 1 is guilty of:
23-28 (a) A misdemeanor, unless the provisions of paragraph (b) apply
23-29 to the circumstances.
23-30 (b) A gross misdemeanor, if the threat causes:
23-31 (1) Any pupil or employee of a private school who is the
23-32 subject of the threat to be intimidated, frightened, alarmed or
23-33 distressed;
23-34 (2) Panic or civil unrest; or
23-35 (3) Interference with the operation of a private school.
23-36 3. As used in this section, “oral, written or electronic
23-37 communication” includes, without limitation, any of the following:
23-38 (a) A letter, note or any other type of written correspondence.
23-39 (b) An item of mail or a package delivered by any person or
23-40 postal or delivery service.
23-41 (c) A [telegraph or] wire service, or any other similar means of
23-42 communication.
23-43 (d) A telephone, cellular phone, satellite phone, page or
23-44 facsimile machine, or any other similar means of communication.
24-1 (e) A radio, television, cable, closed-circuit, wire, wireless,
24-2 satellite or other audio or video broadcast or transmission, or any
24-3 other similar means of communication.
24-4 (f) An audio or video recording or reproduction, or any other
24-5 similar means of communication.
24-6 (g) An item of electronic mail, a modem or computer network,
24-7 or the Internet, or any other similar means of communication.
24-8 Sec. 44. NRS 408.407 is hereby amended to read as follows:
24-9 408.407 1. For the purposes of this section:
24-10 (a) “Cost of relocation” means the entire amount paid by a
24-11 utility properly attributable to the relocation of its facilities,
24-12 including removal, reconstruction and replacement after deducting
24-13 therefrom any increase in value of the new facility and any salvage
24-14 value derived from the old facility, and includes the costs of all
24-15 rights and interests necessary in land and the costs of any other
24-16 rights required to accomplish such relocation.
24-17 (b) “Utility” means any privately, publicly or cooperatively
24-18 owned systems for supplying [telegraph,] telephone, electric power
24-19 and light, gas, water, sewer and like service to the public or a
24-20 segment of the public.
24-21 2. Whenever the Director, after consulting with the utility
24-22 concerned, determines that any utility facility which now is, or
24-23 hereafter may be, located in, over, along or under any highway in
24-24 the federal-aid primary or secondary systems or in the interstate
24-25 system, including extensions thereof within urban areas, as [such]
24-26 those systems are defined in the Federal-Aid Highway Acts and are
24-27 accepted by and assented to by the State of Nevada, should be
24-28 relocated, the utility owning or operating such utility facility shall
24-29 relocate the same in accordance with the order of the Director. The
24-30 cost of any such relocation [shall] must be ascertained and paid by
24-31 the State as part of the cost of such federally aided project,
24-32 [provided] if the proportionate part of [such] the cost is
24-33 reimbursable from federal funds under a Federal-Aid Highway Act
24-34 or any other Act of Congress under which the State is entitled to
24-35 reimbursement for all or part of [such] the cost.
24-36 3. This section does not apply [where] if a payment of
24-37 relocation or removal costs by the State would be inconsistent with
24-38 the terms of a permit issued by the Director pursuant to NRS
24-39 408.423.
24-40 Sec. 45. NRS 451.557 is hereby amended to read as follows:
24-41 451.557 1. Any member of the following classes of persons,
24-42 in the order of the priority listed, may make an anatomical gift of all
24-43 or a part of the decedent’s body for an authorized purpose, unless
24-44 the decedent, at the time of death, has made an unrevoked refusal to
24-45 make that anatomical gift:
25-1 (a) The spouse of the decedent;
25-2 (b) An adult son or daughter of the decedent;
25-3 (c) Either parent of the decedent;
25-4 (d) An adult brother or sister of the decedent;
25-5 (e) A grandparent of the decedent; and
25-6 (f) A guardian of the person of the decedent at the time of
25-7 death.
25-8 The legal procedure for authorization must be defined and
25-9 established by the Committee on Anatomical Dissection established
25-10 by the University and Community College System of Nevada.
25-11 2. An anatomical gift may not be made by a person listed in
25-12 subsection 1 if:
25-13 (a) A person in a prior class is available at the time of death to
25-14 make an anatomical gift;
25-15 (b) The person proposing to make an anatomical gift knows of a
25-16 refusal or contrary indications by the decedent; or
25-17 (c) The person proposing to make an anatomical gift knows of
25-18 an objection to making an anatomical gift by a member of the
25-19 person’s class or a prior class.
25-20 3. An anatomical gift by a person authorized under subsection
25-21 1 must be made by:
25-22 (a) A document of gift signed by him; or
25-23 (b) His [telegraphic,] recorded telephonic or other recorded
25-24 message, or other form of communication from him that is
25-25 contemporaneously reduced to writing and signed by the recipient.
25-26 4. An anatomical gift by a person authorized under subsection
25-27 1 may be revoked by any member of the same or a prior class if,
25-28 before procedures have begun for the removal of a part from the
25-29 body of the decedent, the physician, technician or enucleator
25-30 removing the part knows of the revocation.
25-31 5. A failure to make an anatomical gift under subsection 1 is
25-32 not an objection to the making of an anatomical gift.
25-33 Sec. 46. NRS 455.133 is hereby amended to read as follows:
25-34 455.133 An operator who marks the approximate location of a
25-35 subsurface installation shall make a reasonable effort to make the
25-36 markings in a manner that is consistent with the practice in
25-37 the industry. The operator shall use the following colors for the
25-38 markings:
25-39 1. Safety red must be used for electrical power, distribution and
25-40 transmission installations, conduit for traffic signals and street lights
25-41 and municipal electric installations.
25-42 2. High visibility safety yellow must be used for gas
25-43 distribution and transmission installations, oil distribution and
25-44 transmission installations and installations containing or
25-45 transporting dangerous materials, products or steam.
26-1 3. Safety alert orange must be used for telephone [and
26-2 telegraph] installations, police and fire communication installations
26-3 and cable television installations. The letter “F” in safety alert
26-4 orange must be used for fiber optic communication lines.
26-5 4. Safety precaution blue must be used for water installations
26-6 and slurry pipelines.
26-7 5. Safety green must be used for sewer installations.
26-8 Sec. 47. NRS 465.090 is hereby amended to read as follows:
26-9 465.090 1. It is unlawful for a person to furnish or
26-10 disseminate any information in regard to racing or races, from any
26-11 point within this state to any point outside the State of Nevada, by
26-12 telephone, [telegraph,] teletype, radio or any signaling device, with
26-13 the intention that the information is to be used to induce betting or
26-14 wagering on the result of the race or races, or with the intention that
26-15 the information is to be used to decide the result of any bet or wager
26-16 made upon the race or races.
26-17 2. This section does not prohibit:
26-18 (a) A newspaper of general circulation from printing and
26-19 disseminating news concerning races that are to be run or the results
26-20 of races that have been run; or
26-21 (b) The furnishing or dissemination of information concerning
26-22 wagers made in an off-track pari-mutuel system of wagering
26-23 approved by the Nevada Gaming Commission.
26-24 3. A person who violates the provisions of this section is guilty
26-25 of a category B felony and shall be punished by imprisonment in the
26-26 state prison for a minimum term of not less than 1 year and a
26-27 maximum term of not more than 6 years, or by a fine of not more
26-28 than $5,000, or by both fine and imprisonment.
26-29 Sec. 48. NRS 465.091 is hereby amended to read as follows:
26-30 465.091 As used in NRS 465.091 to 465.094, inclusive, unless
26-31 the context otherwise requires, “medium of communication”
26-32 includes, but is not limited to, mail, telephone, television,
26-33 [telegraph,] facsimile, cable, wire, the Internet or any other similar
26-34 medium.
26-35 Sec. 49. NRS 474.511 is hereby amended to read as follows:
26-36 474.511 Any district organized pursuant to NRS 474.460,
26-37 acting by and through the board of fire commissioners, by resolution
26-38 may at any time or from time to time acquire:
26-39 1. A system of waterworks, hydrants and supplies of water.
26-40 2. [Telegraphic signals] Signals for fire and telephone,
26-41 [telegraph,] radio and television service.
26-42 3. Fire engines and other vehicles.
26-43 4. Hooks, ladders, chutes, buckets, gauges, meters, hoses,
26-44 pumps, fire extinguishers, fans and artificial lights.
27-1 5. Respirators, rescue equipment, medical supplies and
27-2 equipment, other apparatus for fire fighting and protection from fire,
27-3 and other appurtenances.
27-4 6. Fixtures, structures, stations, other buildings and sites
27-5 therefor.
27-6 7. Land, interests in land, and improvements thereon for
27-7 firebreaks and other protection from fire.
27-8 8. Appurtenances and incidentals necessary, useful or desirable
27-9 for any such facilities, including all types of property therefor.
27-10 9. Any combination of the properties provided in this section.
27-11 Sec. 50. NRS 496.020 is hereby amended to read as follows:
27-12 496.020 As used in this chapter, unless the context otherwise
27-13 requires:
27-14 1. “Air navigation facility” means any facility, other than one
27-15 owned and operated by the United States, used in, available for use
27-16 in, or designed for use in, aid of air navigation, including any
27-17 structures, mechanisms, lights, beacons, markers, communicating
27-18 systems, or other instrumentalities, or devices used or useful as an
27-19 aid, or constituting an advantage or convenience, to the safe taking
27-20 off, navigation, and landing of aircraft, or the safe and efficient
27-21 operation or maintenance of an airport, and any combination of [any
27-22 or all of such] those facilities.
27-23 2. “Airport” means any area of land or water which is used for
27-24 the landing and takeoff of aircraft, and any appurtenant areas which
27-25 are used for airport buildings or other airport facilities or rights-of-
27-26 way, together with all airport buildings and facilities located
27-27 thereon.
27-28 3. “Airport hazard” means any structure, object of natural
27-29 growth, or use of land which obstructs the airspace required for the
27-30 flight of aircraft in landing or taking off at an airport or is otherwise
27-31 hazardous to such landing or taking off of aircraft.
27-32 4. “Municipal” means pertaining to a municipality as defined
27-33 in this section.
27-34 5. “Municipality” means any county, city or town of this state.
27-35 6. “Person” includes a government, a governmental agency and
27-36 a political subdivision of a government.
27-37 7. “Public utility” means a person who operates any airline,
27-38 broadcasting, electric, gas, pipeline, radio, railroad, rural electric,
27-39 sanitary sewer, slurry, telephone[, telegraph] or water business in
27-40 this state and who conducts such a business for a public use.
28-1 Sec. 51. NRS 497.020 is hereby amended to read as follows:
28-2 497.020 As used in this chapter, unless the context otherwise
28-3 requires:
28-4 1. “Airport” means any area of land or water designed and set
28-5 aside for the landing and taking off of aircraft and utilized in the
28-6 interest of the public for such purposes.
28-7 2. “Airport hazard” means any structure or tree or use of land
28-8 which obstructs the airspace required for the flight of aircraft in
28-9 landing or taking off at any airport, or is otherwise hazardous to the
28-10 landing or taking off of aircraft.
28-11 3. “Airport hazard area” means any area of land or water upon
28-12 which an airport hazard might be established if not prevented as
28-13 provided in this chapter.
28-14 4. “Person” includes a government, a governmental agency and
28-15 a political subdivision of a government.
28-16 5. “Political subdivision” means any county, incorporated city,
28-17 unincorporated town or airport authority created by special
28-18 legislative act as a quasi-municipal corporation.
28-19 6. “Public utility” means a person who operates any airline,
28-20 broadcasting, electric, gas, pipeline, radio, railroad, rural electric,
28-21 sanitary sewer, slurry, telephone[, telegraph] or water business in
28-22 this state and who conducts such a business for a public use.
28-23 7. “Structure” means any object constructed or installed by
28-24 man, including, but without limitation, buildings, towers,
28-25 smokestacks and overhead wires and other lines.
28-26 8. “Tree” means any object of natural growth.
28-27 Sec. 52. NRS 541.020 is hereby amended to read as follows:
28-28 541.020 As used in this chapter, unless the context otherwise
28-29 requires:
28-30 1. “Board” means the board of directors of the district.
28-31 2. “Court” means the district court of that judicial district of the
28-32 State of Nevada wherein the petition for the organization of a water
28-33 conservancy district must be filed.
28-34 3. “Land” or “real estate” means real estate as the words “real
28-35 estate” are defined by the laws of the State of Nevada, and includes
28-36 all railroads, highways, roads, streets, street improvements,
28-37 telephone[, telegraph] and transmission lines, gas, sewer and water
28-38 systems, water rights, pipelines and rights-of-way of public service
28-39 corporations, and all other real property whether held for public or
28-40 private use.
28-41 4. “Property” means real estate and personal property.
28-42 5. “Publication,” when no manner is specified therefor, means
28-43 once a week for 3 consecutive weeks in at least one newspaper of
28-44 general circulation in each county wherein the publication is to be
28-45 made. It is not necessary that publication be made on the same day
29-1 of the week in each of the 3 weeks, but not less than 14 days,
29-2 excluding the day of the first publication, must intervene between
29-3 the first publication and the last publication, and publication is
29-4 complete on the date of the last publication.
29-5 6. “Public corporation” means counties, cities and counties,
29-6 towns, cities, school districts, irrigation districts, water districts, and
29-7 all governmental agencies clothed with the power of levying or
29-8 providing for the levy of general or special taxes or special
29-9 assessments.
29-10 7. “Section” means a section of this chapter unless [some
29-11 other] another statute is expressly mentioned.
29-12 8. “Subcontracting agency” means a public service, public,
29-13 private or other corporation, or other entity which contracts with the
29-14 district for the purchase, transfer or acquisition from it of water,
29-15 drainage or electric power.
29-16 9. “Water conservancy districts” means the districts created
29-17 under the provisions of this chapter.
29-18 10. “Works” means drains, channels, trenches, watercourses
29-19 and other surface and subsurface conduits to effect drainage, dams,
29-20 storage reservoirs, compensatory and replacement reservoirs, canals,
29-21 conduits, pipelines, drains, tunnels, power plants and any and all
29-22 works, facilities, improvements and property necessary or
29-23 convenient for the supplying of water for domestic, irrigation,
29-24 power, milling, manufacturing, mining, metallurgical, and any and
29-25 all other beneficial uses, and for otherwise accomplishing the
29-26 purposes of this chapter. The term includes studies of the feasibility
29-27 and advisability of constructing dams for storage of water in the
29-28 upstream portions of watersheds.
29-29 Sec. 53. NRS 541.140 is hereby amended to read as follows:
29-30 541.140 Except as otherwise provided in NRS 244.431, the
29-31 board , [shall have power] on behalf of the district:
29-32 1. [To have] Has perpetual succession.
29-33 2. [To take] May take by appropriation, grant, purchase,
29-34 bequest, devise or lease, and [to] may hold and enjoy , water,
29-35 waterworks, water rights and sources of water supply, and any [and
29-36 all] real and personal property of any kind, within or without the
29-37 district or within or without the State of Nevada, necessary or
29-38 convenient to the full exercise of its powers, and [to] may sell, lease,
29-39 encumber, alienate or otherwise dispose of water, waterworks, water
29-40 rights and sources of supply of water for use within and without the
29-41 district and within and without the State of Nevada, also, [to] may
29-42 acquire, construct, operate, control and use any [and all] works,
29-43 facilities and means necessary or convenient to the exercise of its
29-44 power, both within and without the district and within and without
29-45 the State of Nevada, and [to do and perform any and all things]
30-1 perform anything necessary or convenient to the full exercise of the
30-2 powers herein granted.
30-3 3. [To have and to exercise] May exercise the power of
30-4 eminent domain, and, in the manner provided by law for the
30-5 condemnation of private property for public use, [to] may take any
30-6 property necessary [to] for the exercise of the powers herein
30-7 granted.
30-8 4. [To construct] May construct and maintain works and
30-9 establish and maintain facilities across or along any public street or
30-10 highway, and in, upon or over any vacant public lands, which public
30-11 lands are now, or may become, the property of the State of Nevada,
30-12 and [to] may construct works and establish and maintain facilities
30-13 across any stream of water or watercourse in accordance with the
30-14 laws of the State of Nevada, [provided that] if the district [shall
30-15 promptly restore] promptly restores any such street or highway to
30-16 its former state of usefulness as nearly as may be, and [shall] does
30-17 not use the same in such a manner as to impair completely or
30-18 unnecessarily the usefulness thereof. The grant of the right to use
30-19 such vacant state land is effective upon the filing by [such] the
30-20 district with the State Land Registrar of an application showing the
30-21 boundaries, extent and locations of the lands, rights-of-way or
30-22 easements desired for such purposes. If the lands, rights-of-way or
30-23 easements for which application is made are for the construction of
30-24 any aqueduct, ditch, pipeline, conduit, tunnel or other works for the
30-25 conveyance of water, or for roads, or for poles or towers, and wires
30-26 for the conveyance of electrical energy or for telephonic [or
30-27 telegraphic] communication, no compensation may be charged the
30-28 district therefor, unless in the opinion of the State Land Registrar the
30-29 construction of such works will render the remainder of the legal
30-30 subdivision through which such works are to be constructed
30-31 valueless or unsalable, in which event the district shall pay for the
30-32 lands to be taken and for such portion of any legal subdivision
30-33 which , in the opinion of the board , is rendered valueless or
30-34 unsalable, at a rate not exceeding $2.50 per acre. If the lands for
30-35 which application is made are for purposes other than the
30-36 construction of roads or works for the conveyance of water, or
30-37 electricity or telephonic [or telegraphic communication, such]
30-38 communication, the district shall pay the State for [such] those
30-39 lands at a rate not exceeding $2.50 per acre. Upon filing such
30-40 application, accompanied by a map or plat showing the location or
30-41 proposed location of such works and facilities, the fee title to so
30-42 much of [such] those state lands as are necessary or convenient to
30-43 enable [such] the district efficiently and without interference to
30-44 construct, maintain and operate its works and to establish, maintain
30-45 and operate its facilities must be conveyed to the district by patent.
31-1 If an easement or right-of-way only over [such] those lands is
31-2 sought by the district, [such] the easement or right-of-way must be
31-3 evidenced by a permit or grant executed by or on behalf of the State
31-4 Land Registrar. The State Land Registrar may reserve easements
31-5 and rights-of-way in the public across any lands in [such] the
31-6 patents, grants or permits described for streets, roads and highways,
31-7 established according to law. Before [any] such a patent, grant or
31-8 permit is executed, any compensation due to the State under the
31-9 provisions hereof must be paid. No fee may be exacted from the
31-10 district for any patent, permit or grant so issued or for any service
31-11 rendered hereunder. In the use of streets, the district is subject to the
31-12 reasonable rules and regulations of the county, city or town where
31-13 such streets lie, concerning excavation and the refilling of
31-14 excavation, the re-laying of pavements and the protection of the
31-15 public during periods of construction, but the district is not required
31-16 to pay any license or permit fees, or file any bonds. The district may
31-17 be required to pay reasonable inspection fees.
31-18 5. [To contract] May contract with the Government of the
31-19 United States or any agency thereof, the State of Nevada or any of
31-20 its cities, counties or other governmental subdivisions, for the
31-21 construction, preservation, operation and maintenance of tunnels,
31-22 drains, pipelines, reservoirs, ditches and waterways, regulating
31-23 basins, diversion canals and works, dams, power plants and all
31-24 necessary works incident thereto, within and without the State of
31-25 Nevada, and [to] may acquire perpetual rights to the use of water
31-26 and electrical energy from [such] those works, and [to] may sell and
31-27 dispose of perpetual rights to the use of water and electrical energy
31-28 from [such] those works to persons and corporations, public and
31-29 private, within or without the State of Nevada.
31-30 6. [To list] May list in separate ownership the lands within the
31-31 district which are susceptible of irrigation from district sources and
31-32 [to] may make an allotment of water to all such lands, which
31-33 allotment of water must not exceed the maximum amount of water
31-34 that the board determines could be beneficially used on [such] those
31-35 lands, and [to] may levy assessments, as hereinafter provided,
31-36 against the lands within the district to which water is allotted on the
31-37 basis of the value per acre-foot of water allotted to the lands within
31-38 the district, but the board may divide the district into units and fix a
31-39 different value per acre-foot of water in the respective units and, in
31-40 such a case, shall assess the lands within each unit upon the same
31-41 basis of value per acre-foot of water allotted to lands within [such]
31-42 the unit.
31-43 7. [To fix] May fix rates at which water not allotted to lands, as
31-44 hereinbefore provided, may be sold, leased or otherwise disposed of,
32-1 but rates must be equitable, although not necessarily equal or
32-2 uniform for like classes of service throughout the district.
32-3 8. [To enter] May enter into contracts, employ and retain
32-4 personal services and employ laborers, [to] may create, establish and
32-5 maintain such offices and positions as are necessary and convenient
32-6 for the transaction of the business of the district, and [to] may elect,
32-7 appoint and employ such officers, attorneys, agents and employees
32-8 therefor as are found by the board to be necessary and convenient.
32-9 9. [To adopt] May adopt plans and specifications for the works
32-10 for which the district was organized, which plans and specifications
32-11 may at any time be changed or modified by the board. [Such] The
32-12 plans must include maps, profiles, and such other data and
32-13 descriptions as may be necessary to set forth the location and
32-14 character of the works, and a copy thereof must be kept in the office
32-15 of the district and open to public inspection.
32-16 10. [To] May appropriateand otherwise acquire water and
32-17 water rights within or without the State, [to] may develop, store and
32-18 transport water, [to] may subscribe for, purchase and acquire stock
32-19 in canal companies, water companies and water users’ associations,
32-20 [to] may provide, sell, lease, and deliver water for municipal and
32-21 domestic purposes, irrigation, power, milling, manufacturing,
32-22 mining, metallurgical, and any and all other beneficial uses, and [to]
32-23 derive revenue and benefits therefrom, [to] may fix the terms and
32-24 rates therefor, and [to] may make and adopt plans for and [to] may
32-25 acquire, construct, operate and maintain dams, reservoirs, ditches,
32-26 waterways, canals, conduits, pipelines, tunnels, powerplants, and
32-27 any [and all] works, facilities, improvements and property necessary
32-28 or convenient therefor, and in the doing of all such things, [to] may
32-29 obligate itself and execute and perform such obligations according
32-30 to the tenor thereof.
32-31 11. [To] May generate electric energy and [to] may contract for
32-32 the generation, distribution and sale of such energy.
32-33 12. [To] May invest any surplus money in the district treasury,
32-34 including such money as may be in any sinking fund established for
32-35 the purpose of providing for the payment of the principal or interest
32-36 of any contract, or other indebtedness, or for any other purpose, not
32-37 required for the immediate necessities of the district, in treasury
32-38 notes or bonds of the United States, or of this state, or of any state,
32-39 county or municipal corporation. Any bonds or treasury notes thus
32-40 purchased and held may, from time to time, be sold and the
32-41 proceeds reinvested in bonds or treasury notes as above provided.
32-42 Sales of any bonds or treasury notes thus purchased and held must,
32-43 from time to time, be made in season so that the proceeds may be
32-44 applied to the purposes for which the money with which the bonds
32-45 or treasury notes were originally purchased was placed in the
33-1 treasury of the district. The functions and duties authorized by this
33-2 subsection must be performed under such rules and regulations as
33-3 are prescribed by the board.
33-4 13. [To] May borrow money from the State of Nevada or other
33-5 sources and incur indebtedness, and [to] may pledge revenues of the
33-6 district to secure the repayment of any money so borrowed.
33-7 14. [To] May adoptbylaws not in conflict with the
33-8 Constitution and laws of [the] this state for carrying on the business,
33-9 objects and affairs of the board and of the district.
33-10 15. [To] May construct works for the drainage of lands within
33-11 the district and [to] may levy special assessments against the lands
33-12 drained by [such] those works for the repayment of the costs
33-13 thereof.
33-14 Sec. 54. NRS 598.230 is hereby amended to read as follows:
33-15 598.230 Any buyer who enters into or signs a door-to-door sale
33-16 contract in which the total purchase price of the goods or services is
33-17 $25 or more may rescind [such] the contract by giving a written
33-18 notice to the seller [either] by delivering, mailing or [telegraphing of
33-19 such] electronically transmitting the notice no later than midnight
33-20 of the third business day after the date [such] the door-to-door sale
33-21 contract was entered into or signed. The notice [shall] must be
33-22 addressed to the seller at the seller’s place of business and [shall]
33-23 must contain words indicating the buyer’s intent to rescind the
33-24 transaction previously entered into.
33-25 Sec. 55. NRS 609.230 is hereby amended to read as follows:
33-26 609.230 In incorporated cities and towns, [no] a person who is
33-27 under the age of 18 years [shall] must not be employed or permitted
33-28 to work as a messenger for a [telegraph or] messenger company in
33-29 the distribution, transmission or delivery of goods or messages
33-30 before 5 a.m. or after 10 p.m. of any day.
33-31 Sec. 56. NRS 645A.100 is hereby amended to read as follows:
33-32 645A.100 1. Notice of the entry of any order of suspension or
33-33 revocation or of imposing a fine or refusing a license to any escrow
33-34 agent or agency must be given in writing, served personally or sent
33-35 by certified mail or by [telegraph] telegram to the last known
33-36 address of the agent or agency affected.
33-37 2. The agent or agency, upon application, is entitled to a
33-38 hearing . [but if no] If an application is not made within 20 days
33-39 after the entry of the order , the Commissioner shall enter a final
33-40 order.
33-41 Sec. 57. NRS 645B.750 is hereby amended to read as follows:
33-42 645B.750 1. If the Commissioner enters an order taking any
33-43 disciplinary action against a person or denying a person’s
33-44 application for a license, the Commissioner shall cause a written
34-1 notice of the order to be served personally or sent by certified mail
34-2 or [telegraph] telegram to the person.
34-3 2. Unless a hearing has already been conducted concerning the
34-4 matter, the person, upon application, is entitled to a hearing. If the
34-5 person does not make such an application within 20 days after
34-6 the date of the initial order, the Commissioner shall enter a final
34-7 order concerning the matter.
34-8 3. A person may appeal a final order of the Commissioner in
34-9 accordance with the provisions of chapter 233B of NRS that apply
34-10 to a contested case.
34-11 Sec. 58. NRS 645E.750 is hereby amended to read as follows:
34-12 645E.750 1. If the Commissioner enters an order taking any
34-13 disciplinary action against a person or denying a person’s
34-14 application for a license, the Commissioner shall cause a written
34-15 notice of the order to be served personally or sent by certified mail
34-16 or [telegraph] telegram to the person.
34-17 2. Unless a hearing has already been conducted concerning the
34-18 matter, the person, upon application, is entitled to a hearing. If the
34-19 person does not make such an application within 20 days after
34-20 the date of the initial order, the Commissioner shall enter a final
34-21 order concerning the matter.
34-22 3. A person may appeal a final order of the Commissioner in
34-23 accordance with the provisions of chapter 233B of NRS that apply
34-24 to a contested case.
34-25 Sec. 59. NRS 647.145 is hereby amended to read as follows:
34-26 647.145 1. Any junk dealer or secondhand dealer, or any
34-27 agent, employee or representative of a junk dealer or secondhand
34-28 dealer, who buys or receives any junk which he knows or should
34-29 reasonably know is ordinarily used by and belongs to a telephone,
34-30 [telegraph,] gas, water, electric or transportation company , or
34-31 county, city or other political subdivision of this state engaged in
34-32 furnishing utility service, and who fails to use ordinary care in
34-33 determining whether the person selling or delivering such junk has a
34-34 legal right to do so, is guilty of criminally receiving such property.
34-35 2. A person convicted of criminally receiving junk is guilty of
34-36 a category D felony and shall be punished as provided in
34-37 NRS 193.130.
34-38 Sec. 60. NRS 669.160 is hereby amended to read as follows:
34-39 669.160 1. Within 60 days after the application for a license
34-40 is filed, the Commissioner shall investigate the facts of the
34-41 application and the other requirements of this chapter to determine:
35-1 (a) That the persons who will serve as directors or officers of the
35-2 corporation, or the managers or members acting in a managerial
35-3 capacity of the limited-liability company, as applicable:
35-4 (1) Have a good reputation for honesty, trustworthiness and
35-5 integrity and display competence to transact the business of a trust
35-6 company in a manner which safeguards the interests of the general
35-7 public. The applicant must submit satisfactory proof of these
35-8 qualifications to the Commissioner.
35-9 (2) Have not been convicted of, or entered a plea of nolo
35-10 contendere to, a felony or any crime involving fraud,
35-11 misrepresentation or moral turpitude.
35-12 (3) Have not made a false statement of material fact on the
35-13 application.
35-14 (4) Have not had a license that was issued pursuant to the
35-15 provisions of this chapter suspended or revoked within the 10 years
35-16 immediately preceding the date of the application.
35-17 (5) Have not had a license as a trust company which was
35-18 issued in any other state, district or territory of the United States or
35-19 any foreign country suspended or revoked within the 10 years
35-20 immediately preceding the date of the application.
35-21 (6) Have not violated any of the provisions of this chapter or
35-22 any regulation adopted pursuant to the provisions of this chapter.
35-23 (b) That the financial status of the directors and officers of the
35-24 corporation or the managers or members acting in a managerial
35-25 capacity of the limited-liability company is consistent with their
35-26 responsibilities and duties.
35-27 (c) That the name of the proposed company is not deceptively
35-28 similar to the name of another trust company licensed in this state or
35-29 is not otherwise misleading.
35-30 (d) That the initial stockholders’ equity is not less than the
35-31 required minimum.
35-32 2. Notice of the entry of an order refusing a license to a trust
35-33 company must be given in writing, served personally or sent by
35-34 certified mail or by [telegraph] telegram to the company affected.
35-35 The company, upon application, is entitled to a hearing before a
35-36 hearing officer appointed by the Director of the Department of
35-37 Business and Industry, but if no such application is made within 30
35-38 days after the entry of an order refusing a license to any company,
35-39 the Commissioner shall enter a final order.
35-40 3. If the hearing officer affirms the order of the Commissioner
35-41 refusing the license, the applicant may file a petition for judicial
35-42 review pursuant to NRS 233B.130.
36-1 Sec. 61. NRS 671.020 is hereby amended to read as follows:
36-2 671.020 1. This chapter does not apply to any:
36-3 (a) Bank, its parent or holding company or any subsidiary
36-4 thereof, trust company, savings bank, savings and loan association,
36-5 credit union, industrial bank or industrial loan and investment
36-6 company, organized and regulated under the laws of this state or of
36-7 the United States; or
36-8 (b) Foreign banking corporation licensed to do banking business
36-9 in this state . [; or
36-10 (c) Telegraph company providing a public message service.]
36-11 2. Subsection 1 does not reduce or alter any liability otherwise
36-12 attaching to the sale, issuance, receipt for transmission or
36-13 transmission of checks or money in any form.
36-14 Sec. 62. Section 2.272 of the Charter of the City of Carson
36-15 City, as added by chapter 565, Statutes of Nevada 1997, at
36-16 page 2750, is hereby amended to read as follows:
36-17 Sec. 2.272 Franchises for the provision of
36-18 telecommunications service.
36-19 1. The Board shall not:
36-20 (a) Impose any terms or conditions on a franchise for the
36-21 provision of telecommunications service or interactive
36-22 computer service other than terms or conditions concerning
36-23 the placement and location of the telephone [or telegraph]
36-24 lines and fees imposed for a business license or the franchise,
36-25 right or privilege to construct, install or operate [such] those
36-26 lines.
36-27 (b) Require a company that provides telecommunications
36-28 service or interactive computer service to obtain a franchise if
36-29 it provides telecommunications service over the telephone [or
36-30 telegraph] lines owned by another company.
36-31 (c) Require a person who holds a franchise for the
36-32 provision of telecommunications service or interactive
36-33 computer service to place its facilities in ducts or conduits or
36-34 on poles owned or leased by the City.
36-35 2. As used in this section:
36-36 (a) “Interactive computer service” has the meaning
36-37 ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed
36-38 on July 16, 1997.
36-39 (b) “Telecommunications service” has the meaning
36-40 ascribed to it in 47 U.S.C. § 153(46), as that section existed
36-41 on July 16, 1997.
37-1 Sec. 63. Section 2.285 of the Charter of the City of Henderson,
37-2 as added by chapter 565, Statutes of Nevada 1997, at page 2752, is
37-3 hereby amended to read as follows:
37-4 Sec. 2.285 Franchises for the provision of
37-5 telecommunications service.
37-6 1. The City Council shall not:
37-7 (a) Impose any terms or conditions on a franchise for the
37-8 provision of telecommunications service or interactive
37-9 computer service other than terms or conditions concerning
37-10 the placement and location of the telephone [or telegraph]
37-11 lines and fees imposed for a business license or the franchise,
37-12 right or privilege to construct, install or operate [such] those
37-13 lines.
37-14 (b) Require a company that provides telecommunications
37-15 service or interactive computer service to obtain a franchise if
37-16 it provides telecommunications service over the telephone [or
37-17 telegraph] lines owned by another company.
37-18 (c) Require a person who holds a franchise for the
37-19 provision of telecommunications service or interactive
37-20 computer service to place its facilities in ducts or conduits or
37-21 on poles owned or leased by the City.
37-22 2. As used in this section:
37-23 (a) “Interactive computer service” has the meaning
37-24 ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed
37-25 on July 16, 1997.
37-26 (b) “Telecommunications service” has the meaning
37-27 ascribed to it in 47 U.S.C. § 153(46), as that section existed
37-28 on July 16, 1997.
37-29 Sec. 64. Section 2.315 of the Charter of the City of Las Vegas,
37-30 as added by chapter 565, Statutes of Nevada 1997, at page 2754, is
37-31 hereby amended to read as follows:
37-32 Sec. 2.315 Franchises for the provision of
37-33 telecommunications service.
37-34 1. The City Council shall not:
37-35 (a) Impose any terms or conditions on a franchise for the
37-36 provision of telecommunications service or interactive
37-37 computer service other than terms or conditions concerning
37-38 the placement and location of the telephone [or telegraph]
37-39 lines and fees imposed for a business license or the franchise,
37-40 right or privilege to construct, install or operate [such] those
37-41 lines.
37-42 (b) Require a company that provides telecommunications
37-43 service or interactive computer service to obtain a franchise if
37-44 it provides telecommunications service over the telephone [or
37-45 telegraph] lines owned by another company.
38-1 (c) Require a person who holds a franchise for the
38-2 provision of telecommunications service or interactive
38-3 computer service to place its facilities in ducts or conduits or
38-4 on poles owned or leased by the City.
38-5 2. As used in this section:
38-6 (a) “Interactive computer service” has the meaning
38-7 ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed
38-8 on July 16, 1997.
38-9 (b) “Telecommunications service” has the meaning
38-10 ascribed to it in 47 U.S.C. § 153(46), as that section existed
38-11 on July 16, 1997.
38-12 Sec. 65. Section 2.285 of the Charter of the City of North Las
38-13 Vegas, as added by chapter 565, Statutes of Nevada 1997, at page
38-14 2758, is hereby amended to read as follows:
38-15 Sec. 2.285 Franchises for the provision of
38-16 telecommunications service.
38-17 1. The City Council shall not:
38-18 (a) Impose any terms or conditions on a franchise for the
38-19 provision of telecommunications service or interactive
38-20 computer service other than terms or conditions concerning
38-21 the placement and location of the telephone [or telegraph]
38-22 lines and fees imposed for a business license or the franchise,
38-23 right or privilege to construct, install or operate [such] those
38-24 lines.
38-25 (b) Require a company that provides telecommunications
38-26 service or interactive computer service to obtain a franchise if
38-27 it provides telecommunications service over the telephone [or
38-28 telegraph] lines owned by another company.
38-29 (c) Require a person who holds a franchise for the
38-30 provision of telecommunications service or interactive
38-31 computer service to place its facilities in ducts or conduits or
38-32 on poles owned or leased by the City.
38-33 2. As used in this section:
38-34 (a) “Interactive computer service” has the meaning
38-35 ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed
38-36 on July 16, 1997.
38-37 (b) “Telecommunications service” has the meaning
38-38 ascribed to it in 47 U.S.C. § 153(46), as that section existed
38-39 on July 16, 1997.
38-40 Sec. 66. Section 2.150 of the Charter of the City of Reno, as
38-41 added by chapter 565, Statutes of Nevada 1997, at page 2761, is
38-42 hereby amended to read as follows:
38-43 Sec. 2.150 Franchises for the provision of
38-44 telecommunications service.
38-45 1. The City Council shall not:
39-1 (a) Impose any terms or conditions on a franchise for the
39-2 provision of telecommunications service or interactive
39-3 computer service other than terms or conditions concerning
39-4 the placement and location of the telephone [or telegraph]
39-5 lines and fees imposed for a business license or the franchise,
39-6 right or privilege to construct, install or operate [such] those
39-7 lines.
39-8 (b) Require a company that provides telecommunications
39-9 service or interactive computer service to obtain a franchise if
39-10 it provides telecommunications service over the telephone [or
39-11 telegraph] lines owned by another company.
39-12 (c) Require a person who holds a franchise for the
39-13 provision of telecommunications service or interactive
39-14 computer service to place its facilities in ducts or conduits or
39-15 on poles owned or leased by the City.
39-16 2. As used in this section:
39-17 (a) “Interactive computer service” has the meaning
39-18 ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed
39-19 on July 16, 1997.
39-20 (b) “Telecommunications service” has the meaning
39-21 ascribed to it in 47 U.S.C. § 153(46), as that section existed
39-22 on July 16, 1997.
39-23 Sec. 67. Section 2.115 of the Charter of the City of Sparks, as
39-24 added by chapter 565, Statutes of Nevada 1997, at page 2763, is
39-25 hereby amended to read as follows:
39-26 Sec. 2.115 Franchises for the provision of
39-27 telecommunications service.
39-28 1. The City Council shall not:
39-29 (a) Impose any terms or conditions on a franchise for the
39-30 provision of telecommunications service or interactive
39-31 computer service other than terms or conditions concerning
39-32 the placement and location of the telephone [or telegraph]
39-33 lines and fees imposed for a business license or the franchise,
39-34 right or privilege to construct, install or operate [such] those
39-35 lines.
39-36 (b) Require a company that provides telecommunications
39-37 service or interactive computer service to obtain a franchise if
39-38 it provides telecommunications service over the telephone [or
39-39 telegraph] lines owned by another company.
39-40 (c) Require a person who holds a franchise for the
39-41 provision of telecommunications service or interactive
39-42 computer service to place its facilities in ducts or conduits or
39-43 on poles owned or leased by the City.
39-44 2. As used in this section:
39-45 (a) “Interactive computer service” has the meaning
39-46 ascribed to it in 47 U.S.C. § 230(e)(2), as that section existed
39-47 on July 16, 1997.
39-48 (b) “Telecommunications service” has the meaning
39-49 ascribed to it in 47 U.S.C. § 153(46), as that section existed
39-50 on July 16, 1997.
39-51 Sec. 68. NRS 707.300 is hereby repealed.
39-52 TEXT OF REPEALED SECTION
39-53 707.300 Applicability of NRS 707.230 to 707.290, inclusive.
39-54 All persons or corporations owning and operating telephone lines in
39-55 this state are entitled to all the rights and privileges and are subject
39-56 to all the restrictions and responsibilities provided in NRS 707.230
39-57 to 707.290, inclusive, so far as those rights, privileges, restrictions
39-58 and responsibilities are applicable to telephone companies.
39-59 H