[Rev. 2/10/2015 3:55:31
PM--2014R2]
PRELIMINARY CHAPTER - GENERAL PROVISIONS
NRS 0.010 Scope.
NRS 0.020 Severability.
NRS 0.023 Construction
of reenacted, amended or revised laws as continuation of prior law; effect of
reference to repealed law that is in substance reenacted.
NRS 0.024 Words
and terms defined in NRS have same meaning in corresponding provisions of NAC.
NRS 0.025 Use
of “may,” “must,” “shall” and “is entitled”; explanation of flush lines.
NRS 0.030 Gender,
number and tense.
NRS 0.031 “Controlled
substance” defined.
NRS 0.033 “County”
includes Carson City.
NRS 0.035 “Board
of county commissioners” and “board” defined.
NRS 0.036 “Intellectual
disability” defined.
NRS 0.037 “Mortgage”
defined.
NRS 0.039 “Person”
defined.
NRS 0.040 “Physician”
defined and limited.
NRS 0.050 “Population”
defined.
NRS 0.060 “Substantial
bodily harm” defined.
_________
NRS 0.010 Scope. This chapter
provides definitions and declarations of legislative intent which apply to
Nevada Revised Statutes as a whole.
(Added to NRS by 1977, 181)
NRS 0.020 Severability.
1. If any provision of the Nevada Revised
Statutes, or the application thereof to any person, thing or circumstance is
held invalid, such invalidity shall not affect the provisions or application of
NRS which can be given effect without the invalid provision or application, and
to this end the provisions of NRS are declared to be severable.
2. The inclusion of an express declaration
of severability in the enactment of any provision of NRS or the inclusion of
any such provision in NRS, does not enhance the severability of the provision
so treated or detract from the severability of any other provision of NRS.
(Added to NRS by 1977, 166)
NRS 0.023 Construction of reenacted, amended or revised laws as
continuation of prior law; effect of reference to repealed law that is in
substance reenacted. The
provisions of any law or statute which is reenacted, amended or revised, so far
as they are the same as those of prior laws, shall be construed as a
continuation of such laws and not as new enactments. If any provision of a law
is repealed and in substance reenacted, a reference in any other law to the
repealed provision shall be deemed to be a reference to the reenacted
provision.
(Added to NRS by 2003, 2094)
NRS 0.024 Words and terms defined in NRS have same meaning in
corresponding provisions of NAC. Unless
otherwise specifically provided by law or unless the context otherwise
requires, if a word or term is defined for use in a particular title or chapter
of the Nevada Revised Statutes or in a particular subpart thereof, the word or
term has the same meaning in the corresponding title or chapter of the Nevada
Administrative Code or in the corresponding subpart thereof, as applicable.
(Added to NRS by 2009, 160)
NRS 0.025 Use of “may,” “must,” “shall” and “is entitled”; explanation of
flush lines.
1. Except as otherwise expressly provided
in a particular statute or required by the context:
(a) “May” confers a right, privilege or power.
The term “is entitled” confers a private right.
(b) “May not” or “no * * * may” abridges or
removes a right, privilege or power.
(c) “Must” expresses a requirement when:
(1) The subject is a thing, whether the
verb is active or passive.
(2) The subject is a natural person and:
(I) The verb is in the passive
voice; or
(II) Only a condition precedent and
not a duty is imposed.
(d) “Shall” imposes a duty to act.
(e) “Shall be deemed” or “shall be considered”
creates a legal fiction.
(f) “Shall not” imposes a prohibition against
acting.
2. Except as otherwise required by the
context, text of a statute that:
(a) Follows subsections, paragraphs,
subparagraphs or sub-subparagraphs that are introduced by a colon;
(b) Is not designated as a separate subsection,
paragraph, subparagraph or sub-subparagraph; and
(c) Begins flush to the left margin rather than
immediately following the material at the end of the final subsection,
paragraph, subparagraph or sub-subparagraph,
Ê applies to
the section as a whole, in the case of subsections, or to the subdivision
preceding the colon as a whole rather than solely to the subdivision that the
text follows. The symbol “Ê” in
bills and in Nevada Revised Statutes indicates the beginning of such text.
(Added to NRS by 1991, 809; A 2003, 2094)
NRS 0.030 Gender, number and tense.
1. Except as otherwise expressly provided
in a particular statute or required by the context:
(a) The singular number includes the plural
number, and the plural includes the singular.
(b) The present tense includes the future tense.
2. The use of a masculine noun or pronoun
in conferring a benefit or imposing a duty does not exclude a female person
from that benefit or duty. The use of a feminine noun or pronoun in conferring
a benefit or imposing a duty does not exclude a male person from that benefit
or duty.
(Added to NRS by 1977, 181; A 2009, 484)
NRS 0.031 “Controlled substance” defined. Except
as otherwise expressly provided in a particular statute or required by the
context, “controlled substance” means a drug, immediate precursor or other
substance which is listed in schedule I, II, III, IV or V for control by the
State Board of Pharmacy pursuant to NRS
453.146.
(Added to NRS by 1987, 1544)
NRS 0.033 “County” includes Carson City.
1. Whenever used in the Statutes of Nevada
and Nevada Revised Statutes, the term “county” includes Carson City.
2. Except as limited by the Charter of
Carson City or by ordinances enacted by authority thereof, those provisions of
the Statutes of Nevada or Nevada Revised Statutes which refer to the several
counties apply equally to Carson City.
(Added to NRS by 1969, 321)—(Substituted in revision
for NRS 243.500)
NRS 0.035 “Board of county commissioners” and “board” defined. The term “board of county commissioners,” or
“board,” when referring to the boards of county commissioners of the several
counties, includes the Board of Supervisors of Carson City.
(Added to NRS by 1969, 321; A 1985, 221)
NRS 0.036 “Intellectual disability” defined. Except
as otherwise provided by specific statute or required by the context,
“intellectual disability” and any variation of that term:
1. Means a condition previously referred
to as “mental retardation,” “mentally retarded” and any variation of that term;
2. Has the same meaning as a condition
previously referred to as “mental retardation,” “mentally retarded” and any
variation of that term with respect to rights and responsibilities of persons
with such a condition and eligibility or qualification of persons with such a
condition for any program, benefit or otherwise; and
3. Must be interpreted to have the same
meaning for any judicial interpretation of any provision which previously
referred to “mental retardation,” “mentally retarded” and any variation of that
term.
(Added to NRS by 2013, 681)
NRS 0.037 “Mortgage” defined. Except
as used in chapter 106 of NRS and unless the
context otherwise requires, “mortgage” includes a deed of trust.
(Added to NRS by 1985, 221)
NRS 0.039 “Person” defined. Except
as otherwise expressly provided in a particular statute or required by the
context, “person” means a natural person, any form of business or social
organization and any other nongovernmental legal entity including, but not
limited to, a corporation, partnership, association, trust or unincorporated
organization. The term does not include a government, governmental agency or
political subdivision of a government.
(Added to NRS by 1985, 499)
NRS 0.040 “Physician” defined and limited.
1. Except as otherwise provided in
subsection 2, “physician” means a person who engages in the practice of
medicine, including osteopathy and homeopathy.
2. The terms “physician,” “osteopathic
physician,” “homeopathic physician,” “chiropractic physician” and “podiatric
physician” are used in chapters 630, 630A, 633, 634 and 635 of
NRS in the limited senses prescribed by those chapters respectively.
(Added to NRS by 1977, 954; A 1983, 1492; 1985, 221; 1995, 1071)
NRS 0.050 “Population” defined.
1. Except as otherwise expressly provided
in a particular statute or required by the context, “population” means the
number of people in a specified area as determined by the last preceding
national decennial census conducted by the Bureau of the Census of the United
States Department of Commerce pursuant to Section 2 of Article I of the Constitution
of the United States and reported by the Secretary of Commerce to the Governor
pursuant to 13 U.S.C. § 141(c). The tabulations of population reported by the
Secretary of Commerce for a particular decennial census date shall be deemed to
apply for the purposes of this section from July 1 of the calendar year
immediately following that decennial census date until June 30 of the calendar
year immediately following the next decennial census date.
2. As used in this section, “decennial
census date” means the first day of April of 1980 and every 10 years thereafter
on which the decennial census is taken pursuant to federal law.
(Added to NRS by 1979, 498; A 1991, 454; 1999, 1182)
NRS 0.060 “Substantial bodily harm” defined. Unless
the context otherwise requires, “substantial bodily harm” means:
1. Bodily injury which creates a
substantial risk of death or which causes serious, permanent disfigurement or
protracted loss or impairment of the function of any bodily member or organ; or
2. Prolonged physical pain.
(Added to NRS by 1985, 221)