Nrs: Preliminary Chapter - General Provisions

Link to law: https://www.leg.state.nv.us/NRS/NRS-000.html
Published: 2015

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[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reference to repealed law that is in substance reenacted.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continuation of prior law; effect of reference to repealed law that is in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)