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Nrs: Chapter 220 - Revision Of Statutes


Published: 2015

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[Rev. 2/10/2015 4:39:27

PM--2014R2]

CHAPTER 220 - REVISION OF STATUTES

GENERAL PROVISIONS

NRS 220.040           General

powers and duties of Legislative Counsel and Legal Division regarding revision

of statutes.

NRS 220.080           Recommendations

regarding clarification of statutes.

NRS 220.085           Recommendations

regarding elimination of obsolete or antiquated statutes.

NRS 220.090           Secretary

of State to make records, books and statutes available to Legislative Counsel

for inspection.

PREPARATION AND REVISION OF NEVADA REVISED STATUTES AND

RELATED PUBLICATIONS

NRS 220.100           Preparation

and publication of annotations and supplements to NRS.

NRS 220.105           Preparation

and publication of digest of judicial opinions concerning Nevada law.

NRS 220.110           Contents

of NRS.

NRS 220.120           Compilation,

organization, revision and publication of NRS: Form and style; numbering and

arrangement; inclusion of notes and reference materials; changes and

corrections; legal effect of renumbering; resolution of nonsubstantive

conflicts between multiple laws.

NRS 220.125           References

in NRS to persons with physical, mental or cognitive disabilities to be made

using respectful language.

PRINTING AND DISTRIBUTION OF NEVADA REVISED STATUTES AND

RELATED PUBLICATIONS

NRS 220.130           Printing

and reproduction of NRS; prices and sales; retention of master copy.

NRS 220.150           Authorized

expenditures from Legislative Fund to pay for costs related to publications.

NRS 220.155           Acceptance

of gifts, grants and bequests to pay for costs related to publications.

NRS 220.160           Printing

and reproduction of supplements; prices and sales.

NRS 220.165           Distribution

of NRS and supplements to Legislators; payment of costs.

NRS 220.167           Distribution

of NRS and supplements to district, justice and municipal courts; payment of

costs.

CERTIFICATION AND CITATION OF NEVADA REVISED STATUTES AS

OFFICIAL CODIFIED LAW

NRS 220.170           Certification

of NRS and supplements; citation of NRS as official codified version of

Statutes of Nevada and prima facie evidence of law; form of citations to NRS.

_________

_________

GENERAL PROVISIONS

      NRS 220.040  General powers and duties of Legislative Counsel and Legal

Division regarding revision of statutes.  The

Legislative Counsel and the Legal Division have the powers and duties

prescribed in this chapter.

      [Part 5:304:1951; A 1953, 388]—(NRS A 1963, 1021; 2011, 3257)

      NRS 220.080  Recommendations regarding clarification of statutes.  The Legislative Counsel shall, from time to

time:

      1.  Make recommendations to the Legislature

for clarification of specific statutes.

      2.  Call the attention of the Legislature

to conflicting statutes, and such other matter as the Legislative Counsel deems

necessary.

      [14:304:1951]—(NRS A 1963, 1021; 2003, 814)

      NRS 220.085  Recommendations regarding elimination of obsolete or antiquated

statutes.

      1.  The Legislative Counsel and the

Research Director shall work collaboratively to develop recommendations for the

elimination of obsolete or antiquated provisions contained in the Nevada

Revised Statutes.

      2.  The recommendations, if any, must be

presented to the Legislative Commission on or before July 1 of each

even-numbered year.

      3.  The Legislative Commission shall, as it

deems appropriate, request the preparation of a bill draft to facilitate the

recommendations.

      (Added to NRS by 2003, 813)—(Substituted

in revision for NRS 218.2473)

      NRS 220.090  Secretary of State to make records, books and statutes available

to Legislative Counsel for inspection.  The

Secretary of State shall make available for inspection to the Legislative

Counsel:

      1.  All records in the Office of the

Secretary of State which are or may be of use to the Legislative Counsel.

      2.  Any books or statutes in the custody of

the Office of the Secretary of State.

      [9:304:1951]—(NRS A 1963, 1022; 1965, 952)

PREPARATION AND REVISION OF NEVADA REVISED STATUTES AND

RELATED PUBLICATIONS

      NRS 220.100  Preparation and publication of annotations and supplements to

NRS.  The Legislative Counsel

shall:

      1.  Prepare annotations to Nevada Revised

Statutes adopted by chapter 2, Statutes of Nevada 1957.

      2.  Keep the material in Nevada Revised

Statutes and its annotations current as provided in NRS

220.160.

      [Part 2:304:1951; A 1953, 388]—(NRS A 1957, 4; 1963,

1022; 1989, 247,

591, 602)

      NRS 220.105  Preparation and publication of digest of judicial opinions

concerning Nevada law.  The

Legislative Counsel may, on such terms as the Legislative Counsel deems

appropriate and with the approval of the Legislative Commission, enter into a

contract with any publisher for the preparation and publication of a digest of

judicial opinions construing or concerning the law of this state, or for

cooperation in the preparation and publication of such a digest.

      (Added to NRS by 1989, 247)

      NRS 220.110  Contents of NRS.  Nevada

Revised Statutes shall contain:

      1.  The Constitution of the United States.

      2.  The Constitution of the State of

Nevada.

      3.  The laws of this state of general

application.

      4.  A full and accurate index of the

statute laws.

      5.  Such annotations, historical notes,

Supreme Court and district court rules and other information as the Legislative

Counsel deems appropriate to include.

      [Part 2:304:1951; A 1953, 388]—(NRS A 1963, 1022;

1969, 12)

      NRS 220.120  Compilation, organization, revision and publication of NRS: Form

and style; numbering and arrangement; inclusion of notes and reference

materials; changes and corrections; legal effect of renumbering; resolution of

nonsubstantive conflicts between multiple laws.

      1.  In preparing the annotations and

keeping Nevada Revised Statutes current, the Legislative Counsel is authorized:

      (a) To adopt such system of numbering as the

Legislative Counsel deems practical.

      (b) To cause the revision to be published in a

number of volumes deemed convenient.

      (c) To cause the volumes to be bound in

loose-leaf binders of good, and so far as possible, permanent quality.

      2.  The pages of Nevada Revised Statutes

must conform in size and printing style to the pages of the Statutes of Nevada,

and roman style type must be used.

      3.  The Legislative Counsel shall classify

and arrange the entire body of statute laws in logical order throughout the

volumes, the arrangement to be such as will enable subjects of a kindred nature

to be placed under one general head, with necessary cross references.

      4.  Notes of decisions of the Supreme

Court, historical references and other material must be printed and arranged in

such manner as the Legislative Counsel finds will promote the usefulness

thereof.

      5.  The Legislative Counsel in keeping

Nevada Revised Statutes current shall not alter the sense, meaning or effect of

any legislative act, but may renumber sections and parts of sections thereof,

change the wording of headnotes, rearrange sections, change reference numbers

or words to agree with renumbered chapters or sections, substitute the word

“chapter” for “article” and the like, substitute figures for written words and

vice versa, change capitalization for the purpose of uniformity, correct

inaccurate references to the titles of officers, the names of departments or

other agencies of the State, local governments, or the Federal Government, and

such other name changes as are necessary to be consistent with the laws of this

state and correct manifest clerical or typographical errors.

      6.  The Legislative Counsel may:

      (a) Create new titles, chapters and sections of

Nevada Revised Statutes, or otherwise revise the title, chapter and sectional

organization of Nevada Revised Statutes, all as may be required from time to

time, to effectuate the orderly and logical arrangement of the statutes. Any

new titles, chapters, sections and organizational revisions have the same force

and effect as the 58 titles originally enacted and designated as the Nevada

Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.

      (b) Add, revise, move or remove nonsubstantive

definitions in titles, chapters and sections of Nevada Revised Statutes to

effectuate the orderly and logical arrangement of the statutes, improve

readability or reduce repetitious or lengthy words or phrases.

      7.  If the Legislative Counsel renumbers

any section of Nevada Revised Statutes because the section has been moved,

divided or combined with another section during the reorganization of the

statutes or for any other reason, the citation to the previously assigned

number in any legal document, publication, signage or in any other place shall

be deemed to have the same meaning and legal effect as if the citation were to

the new number, regardless of how long it has been since the new number was

assigned and regardless of any revisions made to the section after the

assignment of the new number, unless another intent is otherwise specified.

      8.  The Legislative Counsel shall assign

NRS numbers to such new permanent and general laws enacted at any regular or

special session.

      9.  The Legislative Counsel shall resolve

all nonsubstantive conflicts between multiple laws enacted at any regular or

special session as if made by a single enactment. If multiple amendments to a

single section of NRS are made during a regular or special session, such

amendments are all effective and must be compiled in a manner that is

consistent with the intent of the Legislature as determined by the Legislative

Counsel.

      10.  The Legislative Counsel shall

substitute the name of any agency, officer or instrumentality of the State or

of a political subdivision whose name is changed by law or to which powers,

duties and responsibilities have been transferred by law, for the name which

the agency, officer or instrumentality previously used or which was previously

vested with the same powers and charged with the same duties and

responsibilities.

      [3:304:1951; A 1953, 388]—(NRS A 1963, 1022; 1965,

1459; 1989, 248;

2003, 327, 2093; 2009, 483; 2011, 3257)

      NRS 220.125  References in NRS to persons with physical, mental or cognitive

disabilities to be made using respectful language.

      1.  The Legislative Counsel shall, to the

extent practicable, ensure that persons with physical, mental or cognitive

disabilities are referred to in Nevada Revised Statutes using language that is

commonly viewed as respectful and sentence structure that refers to the person

before referring to his or her disability.

      2.  Words and terms that are preferred for

use in Nevada Revised Statutes include, without limitation, “persons with

disabilities,” “persons with mental illness,” “persons with intellectual

disabilities” and other words and terms that are structured in a similar

manner.

      3.  Words and terms that are not preferred

for use in Nevada Revised Statutes include, without limitation, “disabled,”

“handicapped,” “mentally disabled,” “mentally ill,” “mentally retarded” and

other words and terms that tend to equate the disability with the person.

      (Added to NRS by 2007, 906; A 2011, 2600)

PRINTING AND DISTRIBUTION OF NEVADA REVISED STATUTES AND

RELATED PUBLICATIONS

      NRS 220.130  Printing and reproduction of NRS; prices and sales; retention of

master copy.

      1.  Upon completion of Nevada Revised

Statutes, the Legislative Counsel shall have it printed, lithoprinted or

reproduced by any other process by the State Printing Office and may create or

cause to be created reproductions of Nevada Revised Statutes, alone or in

combination with any other legal publications, on electronic discs or any other

available medium. The Legislative Commission shall determine the number of

copies which must be printed or reproduced of each page of each volume of

Nevada Revised Statutes with annotations.

      2.  Upon completion of the final printing

or other reproduction, the separate volumes must be bound as required in this

chapter and retained by the Legislative Counsel for safekeeping and

disposition. The Legislative Counsel shall sell each set, and may sell

individual volumes, discs, parts or pages when available, at a price to be set

by the Legislative Commission as near as possible to the cost of preparing,

printing and binding or other reproduction, and all proceeds of sales must be

deposited in the Legislative Fund.

      3.  A master copy of Nevada Revised

Statutes must be kept in the office of the Legislative Counsel, and the master

copy must not be removed from the office except in the custody of the

Legislative Counsel.

      [4:304:1951; A 1953, 388] + [7:304:1951; A 1953,

388]—(NRS A 1957, 4, 544; 1959, 609; 1963, 1023; 1965, 1460; 1967, 90; 1969,

1523; 1971, 1547; 1973, 1119, 1461; 1985, 463; 1989, 248, 591, 602; 1993, 1536; 1995, 1110; 1997, 16; 2005, 1081)

      NRS 220.150  Authorized expenditures from Legislative Fund to pay for costs

related to publications.  Money in

the Legislative Fund may be expended for:

      1.  Payment of the costs of printing,

reproduction, binding and mailing of Nevada Revised Statutes with annotations,

supplements thereto and other publications authorized by the Legislative

Commission.

      2.  The purchase and maintenance of

necessary equipment and the purchase of supplies connected with such

publications.

      3.  The payment of salaries, payroll costs

and contract services of personnel directly connected with such publications.

      [4.5:304:1951; added 1955, 405]—(NRS A 1957, 544;

1959, 609; 1963, 1023; 1965, 1461; 1971, 1547; 1973, 1119; 1989, 249, 591, 603)

      NRS 220.155  Acceptance of gifts, grants and bequests to pay for costs

related to publications.  The

Legislative Commission may accept gifts, grants and bequests of moneys from any

public or private source, which moneys shall be deposited in the Legislative

Fund and used for the purposes of NRS 220.150.

      (Added to NRS by 1963, 12; A 1963, 1008; 1973, 1120)

      NRS 220.160  Printing and reproduction of supplements; prices and sales.

      1.  Upon the completion of Nevada Revised

Statutes with annotations, the Legislative Counsel shall prepare and have

printed or reproduced such replacement and supplementary pages for such laws

and annotations as may, from time to time, be necessary and may create or cause

to be created reproductions of the replacement and supplementary pages, alone

or in combination with any other legal publications, on electronic discs or any

other available medium. In any event, the Legislative Counsel shall prepare

replacement and supplementary pages made necessary by a regular or special

session as soon as possible after each such session.

      2.  The intent of this section is that

Nevada Revised Statutes be kept current insofar as may be possible. To that

end, the provisions of this chapter, and in particular NRS

220.120, apply to the preparation and printing or reproduction of such

replacement and supplementary pages.

      3.  Prices must be set by the Legislative

Commission as near as possible to the cost of preparing, printing and

reproduction. All money received for the sale of such replacement and supplementary

pages must be deposited to the credit of the Legislative Fund.

      [12:304:1951; A 1953, 388]—(NRS A 1957, 5; 1963,

1024; 1965, 1461; 1971, 1548; 1973, 1120; 1989, 249, 591, 603; 1995, 1110; 2011, 3258)

      NRS 220.165  Distribution of NRS and supplements to Legislators; payment of

costs.  The Legislative Counsel

shall provide:

      1.  A complete set of Nevada Revised

Statutes with annotations to each person who becomes a Legislator upon payment

by the Legislator to the Legislative Counsel Bureau of the sum of $50; and

      2.  Sets of replacement or supplementary

pages, as issued, without charge, to each Legislator during the Legislator’s

term of office if the Legislator has acquired a set of Nevada Revised Statutes

pursuant to subsection 1.

      (Added to NRS by 1967, 1256; A 1973, 2; 1989, 249, 592, 604; 2011, 3258)

      NRS 220.167  Distribution of NRS and supplements to district, justice and

municipal courts; payment of costs.

      1.  Each board of county commissioners

shall provide a complete set of Nevada Revised Statutes with annotations to

each district court or department thereof and each justice court or department

thereof regularly established in the county, and shall provide corresponding

sets of replacement or supplementary pages as issued.

      2.  The governing body of each city shall

similarly provide for each department of its municipal court.

      3.  If a justice of the peace is ex officio

municipal judge, the county and city shall share equally the cost for his or

her court.

      (Added to NRS by 1977, 484; A 1979, 508; 1989, 250, 592, 604)

CERTIFICATION AND CITATION OF NEVADA REVISED STATUTES AS

OFFICIAL CODIFIED LAW

      NRS 220.170  Certification of NRS and supplements; citation of NRS as

official codified version of Statutes of Nevada and prima facie evidence of

law; form of citations to NRS.

      1.  The master copy of Nevada Revised

Statutes, as printed and bound in accordance with NRS

220.130, must contain a certificate of the Director of the Statute Revision

Commission that the Director has compared each section thereof with the

original section of the enrolled bill by which Nevada Revised Statutes was

adopted and enacted, and that the sections in the published edition are

correctly copied. All other printed and bound copies of Nevada Revised Statutes

must contain a copy of the certificate.

      2.  Each set of replacement or

supplementary pages, prepared in accordance with NRS

220.160 and published before January 1, 1963, for inclusion in the master

copy of Nevada Revised Statutes, must be accompanied by a certificate of the

Director of the Statute Revision Commission, and each set published after

January 1, 1963, by a certificate of the Legislative Counsel, that such person

has compared each section thereof with the original section of the enrolled

bill, and that, with the exception of the changes authorized by law, the

sections set forth in the replacement or supplementary pages are correctly

copied. All other sets of replacement or supplementary pages must be

accompanied by a copy of the certificate. All such certificates must be inserted

in the bound copies of Nevada Revised Statutes in chronological order

immediately following the initial certificate of the Director.

      3.  Copies of Nevada Revised Statutes, as

printed, published, revised, supplemented and certified in accordance with this

chapter, constitute the official codified version of Statutes of Nevada and may

be cited as prima facie evidence of the law in all of the courts of this state.

Except as otherwise provided in this subsection, that evidence may be rebutted

by proof that the statutes cited differ from the official Statutes of Nevada.

That evidence may not be rebutted by proof that the statutes differ from the

official Statutes of Nevada in a manner authorized pursuant to NRS 220.120.

      4.  Nevada Revised Statutes and its

component parts may be cited as follows:

      (a) Nevada Revised Statutes: NRS

      (b) A title: title 00 of NRS

      (c) A chapter: chapter

000 of NRS

      (d) A section: NRS 000.000

      [13:304:1951; A 1953, 388]—(NRS A 1957, 5; 1963,

1024; 1967, 35; 1989,

1167; 2003,

328)