[Rev. 2/28/2019 2:34:08 PM]
κ1963 Statutes of Nevada, Page 865κ
Senate Bill No. 263Senator Bissett
CHAPTER 385
AN ACT to amend Title 7 of NRS, relating to corporations, associations and partnerships, by adding a new chapter relating to professional corporations; defining terms; establishing requirements for the formation of professional corporations; regulating the membership and scope of activity of professional corporations; providing restrictions on the issuance and transfer of shares; requiring that annual statements be filed with the secretary of state; providing penalties; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 7 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. This chapter is known and may be cited as the Professional Corporations Act.
Sec. 3. As used in this chapter, unless the context requires otherwise:
1. Employee means a person duly licensed or otherwise legally authorized to render professional service within this state who renders such service through a professional corporation, but does not include clerks, bookkeepers, technicians or other individuals who are not usually considered by custom and practice of the profession to be rendering professional services to the public.
2. Professional corporation means a corporation organized under this chapter for the purpose of rendering a professional service.
3. Professional service means any type of personal service which may legally be performed only pursuant to a license, certificate of registration or other legal authorization and which prior to July 1, 1963, could not by reason of law be performed by a corporation.
4. Regulating board means the body which regulates and authorizes the admission to the profession which a professional corporation is authorized to perform.
Sec. 4. The laws applicable to other Nevada private corporations organized under chapter 78 of NRS and all rights, privileges and duties thereunder shall apply to professional corporations, except where such laws are in conflict with or inconsistent with the provisions of this chapter. In case of conflict, the provisions of this chapter shall apply.
Sec. 5. 1. One or more individuals, each of whom is authorized to perform the same professional service, may organize a professional corporation in the manner provided for organizing a private corporation under chapter 78 of NRS. The articles of incorporation shall contain the following additional information:
(a) The profession to be practiced by means of the professional corporation.
κ1963 Statutes of Nevada, Page 866 (CHAPTER 385, SB 263)κ
(b) The names and residence addresses of the original stockholders, directors, officers and employees of the professional corporation.
(c) A certificate from the regulating board of the profession to be practiced showing that each of the stockholders, directors, officers and employees is duly licensed to practice such profession.
2. Notwithstanding the provisions of NRS 78.115, a professional corporation of fewer than four stockholders may have a board of directors of fewer than three members, but of at least one member.
3. The corporate name of a professional corporation shall bear the full name or last name of one or more persons formerly or currently associated with it. The corporate name shall end with the word Chartered or Limited, the abbreviation Ltd., the words Professional Association, or the abbreviation Prof. Assn.
Sec. 6. 1. A professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.
2. A professional corporation may render professional service only through its officers and employees, all of whom shall be duly authorized to render such professional service.
Sec. 7. This chapter does not modify any law applicable to the relationship between a person furnishing professional service and a person receiving such service, including liability arising out of such professional service.
Sec. 8. 1. No person may be a stockholder of a professional corporation who is not authorized to render and is not actively engaged in rendering the professional service for which the corporation is organized. A professional corporation may issue the shares of its capital stock and a stockholder may transfer his shares in such corporation only to an individual who is authorized to render the professional service for which the corporation is organized. The articles of incorporation or bylaws of a professional corporation may contain, in addition to those set forth in this section, such other lawful restrictions on the issuance or transfer of shares as the stockholders or directors may consider appropriate.
2. No person who is not a stockholder may:
(a) Be an officer or director of a professional corporation.
(b) Vote any stock of a professional corporation.
3. Any act in violation of this section shall be void and ineffective to pass any rights or privileges or to vest any powers, except as to an innocent person who is not a stockholder and who has relied on the effectiveness of such action.
Sec. 9. 1. If any director, officer or employee of a professional corporation becomes legally disqualified to render the professional service, or discontinues the active practice of the professional service, for which the professional corporation was organized, the professional corporation shall immediately terminate his employment.
κ1963 Statutes of Nevada, Page 867 (CHAPTER 385, SB 263)κ
for which the professional corporation was organized, the professional corporation shall immediately terminate his employment. A corporations failure to require compliance with this provision shall be a ground for the forfeiture of its charter.
2. Within 90 days following the death, insanity, bankruptcy, retirement, resignation, expulsion or other legal disqualification of a stockholder, all of the shares of such stockholder shall be purchased by the professional corporation or its stockholders.
3. If the articles of incorporation or bylaws of a professional corporation fail to fix the price or method of computing the price at which the corporation or stockholders shall purchase the shares of a deceased or disqualified stockholder, the price for such shares shall be the book value of the shares as of the end of the month immediately preceding the death or other disqualification of the stockholder and the book value shall be determined by an independent certified public accountant or an independent licensed public accountant from the books and records of the corporation by the regularly established method of accounting employed by the corporation.
Sec. 10. A professional corporation shall, on or before July 1 of each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in such corporation and shall certify that all stockholders, directors, officers and employees are duly licensed or otherwise legally authorized to render professional service in this state. The statement shall be made on a form prescribed by the secretary of state, but shall contain no fiscal or other information except that expressly called for by this section. The statement shall be signed by the president or vice president of the corporation and acknowledged before a notary public by the person signing the statement, and such statement shall be in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.
Sec. 11. This chapter does not bar the regulating board of any profession from taking any action otherwise within its power, nor does it affect the rules of ethics or practice of any profession.
Sec. 12. No professional corporation may do any act which is prohibited to be done by individual persons authorized to practice the profession which the professional corporation is organized to practice.
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κ1963 Statutes of Nevada, Page 868κ
Assembly Bill No. 442Committee on Ways and Means
CHAPTER 386
AN ACT to amend the title of and to amend an act entitled An Act authorizing and directing the state planning board to acquire by purchase certain parcels of real property in Clark County, Nevada, and making an appropriation therefor; defining and limiting the powers of the state planning board in relation to the acquisition of such property; requiring the state planning board to study the use of such property after acquisition in relation to the future expansion of the University of Nevada, Nevada Southern regional branch, and empowering such board to sell a portion of such acquired property under certain conditions; and providing other matters properly relating thereto, approved March 17, 1960.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 257, Statutes of Nevada 1960, at page 463, is hereby amended to read as follows:
Section 4. 1. After acquisition of Parcel A and Parcel B, the state planning board shall make thorough investigation of the use of such parcels in relation to the future expansion of the University of Nevada, Nevada Southern regional branch. If as a result of such investigation it is found that the retention of all or part of [the portion of] Parcel A [lying north of the north boundary of Parcel B and north of a line extended westerly from the northwest corner of Parcel B (excluding a parcel of real property not less than 100 feet wide bounded on the north by Flamingo Road, on the south by the north boundary of Parcel B and on the east by the east boundary of Parcel A, which shall be retained for ingress and egress purposes to the university)] is not necessary for university purposes, then such portion or parts thereof may be sold [by the state planning board for a total sale price of not less than $213,500.] or exchanged for all or part of the lands described in subsection 2 at not less than the appraised value by the state planning board. Any deed or deeds conveying such property shall contain restrictive covenants (which may be more restrictive than the zoning and land use requirements of Clark County, Nevada) which shall guarantee that such property shall not be used for purposes detrimental to the necessary and proper growth and conduct of the University of Nevada, Nevada Southern regional branch. The [chairman of the] state planning board is authorized to execute such deed or deeds on behalf of the State of Nevada as grantor. All net proceeds of any sale or sales so made shall be deposited forthwith in the [general fund] Nevada Southern land acquisition fund which is hereby created in the state treasury. The moneys in such fund shall be used by the state planning board to acquire all or part of the lands described in subsection 2 for the University of Nevada, Nevada Southern regional branch.
2. The lands to be acquired in whole or in part pursuant to the provisions of subsection 1 are located in Section 22, T. 21 S., R. 61 E., M.D.B. & M., and are more particularly described as follows:
NW 1/4 SE 1/4; E 1/2 E 1/2 NE 1/4 SW 1/4.
κ1963 Statutes of Nevada, Page 869 (CHAPTER 386, AB 442)κ
Sec. 2. The title of the above-entitled act, being chapter 257, Statutes of Nevada 1960, at page 462, is hereby amended to read as follows:
An Act authorizing and directing the state planning board to acquire by purchase certain parcels of real property in Clark County, Nevada, and making an appropriation therefor; defining and limiting the powers of the state planning board in relation to the acquisition of such property; requiring the state planning board to study the use of such property after acquisition in relation to the future expansion of the University of Nevada, Nevada Southern regional branch, and empowering such board to sell or exchange a portion of such acquired property under certain conditions; and to use the proceeds to acquire additional lands for the University of Nevada, Nevada Southern regional branch; and providing other matters properly relating thereto.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 513Clark County Delegation
CHAPTER 387
AN ACT authorizing the board of regents of the University of Nevada to execute a lease with a federal agency of a building to be constructed on lands of Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada; authorizing the issuance and sale of revenue certificates by the University of Nevada for a certain project and the use and repayment of the receipts thereof; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for securing such revenue certificates and providing remedies for the holders of such revenue certificates; containing prohibitions against obligating the State of Nevada; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:
1. Acquire or to acquire includes to purchase, to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop and to improve a project.
2. Federal agency means the United States of America or any agency or instrumentality thereof.
3. Private agency, corporation or individual means any private corporation, trust company, firm or individual doing business as such.
4. Project means and includes the buildings, structures and improvements required by the University of Nevada for Nevada Southern, the regional branch of the University of Nevada in Clark County , Nevada, as enumerated in section 2 of this act.
κ1963 Statutes of Nevada, Page 870 (CHAPTER 387, AB 513)κ
5. Revenue certificate means certificates with respect to the repayment of any loans or borrowed money, issued by the University of Nevada pursuant to this act.
Sec. 2. 1. Notwithstanding the provisions of NRS 396.430, and without the consent of the governor of the State of Nevada, the board of regents of the University of Nevada is authorized to execute an agreement to make a lease or a lease with a federal agency by the terms of which the board of regents shall agree to acquire the project described in subsection 2 on lands of Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, and to lease the same to the federal agency for a fixed term and for an annual rental sufficient in amount to amortize the revenue certificates to be issued under the provisions of this act and to pay the operating costs of the project during the term of the lease.
2. If the agreement to make the lease or the lease referred to in subsection 1 is executed by the board of regents and the federal agency, then in accordance with the provisions of this act, the board of regents of the University of Nevada is authorized, from time to time, to issue and sell revenue certificates of the University of Nevada not to exceed in the aggregate a total of $2,000,000, and to acquire with the proceeds thereof buildings, structures and improvements, including but not limited to supporting utilities, at Nevada Southern, the regional branch of the University of Nevada, in Clark County, Nevada, which buildings, structures and improvements are leased or will be leased to the federal agency pursuant to such agreement or lease.
Sec. 3. Upon the request of the board of regents, all phases of the planning, design, construction and equipment of any project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
Sec. 4. Subject to the limitations and restrictions in this act, the University of Nevada may:
1. Have a corporate seal and alter the same at pleasure.
2. Sue and be sued.
3. Acquire by purchase, gift or the exercise of the right of eminent domain, and hold real or personal property, or rights or interests therein, and water rights.
4. Make contracts and execute all instruments necessary or convenient.
5. Acquire by contract or contracts or by its own agents and employees, or otherwise than by contract, any project or projects, and operate and maintain such projects.
6. Accept grants of money or materials or property of any kind from a federal agency, private agency, corporation or individual, upon such terms and conditions as such federal agency, private agency, corporation or individual may impose.
7. Borrow money and issue revenue certificates and provide for the payment of the same and for the rights of the holders thereof, as provided in this act.
κ1963 Statutes of Nevada, Page 871 (CHAPTER 387, AB 513)κ
8. Perform all acts and do all things necessary or convenient to carry out the powers granted in this act; obtain loans or grants, or both, from any federal agency, private agency, corporation or individual, and accomplish the purposes of this act.
Sec. 5. 1. Revenue certificates issued under the provisions of this act shall be authorized by resolution of the board of regents.
2. The revenue certificates shall bear interest at such rate or rates not exceeding 5 percent per annum, payable semiannually; may be issued in one or more series; may bear such date or dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such form, either coupon or registered; may carry such registration privileges; may be executed in such manner; may be payable in such medium of payment, at such place or places; may be subject to such terms of redemptions, with or without premium; may contain such terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.
3. The revenue certificates may be sold at public or private sale at not less than par.
4. Pending the preparation of the definitive certificates, interim receipts or certificates, in such form and with such provisions as the board of regents may determine, may be issued to the purchaser or purchasers of certificates sold pursuant to this act. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law.
Sec. 6. The board of regents, in connection with the issuance of revenue certificates to acquire any project for Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, or in order to secure the payment of such revenue certificates and interest thereon, has power by resolution:
1. To provide that such revenue certificates be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from, and shall be payable from the rentals of such project.
2. To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates, an amount of the income and revenue derived from the rentals from such project.
3. To covenant with, or for the benefit of, the holder or holders of such revenue certificates, that, so long as any of such revenue certificates shall remain outstanding and unpaid, the University of Nevada will collect, in such installments as may be agreed upon, an amount of the rentals from such project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents in its absolute discretion.
κ1963 Statutes of Nevada, Page 872 (CHAPTER 387, AB 513)κ
4. To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, the board of regents will not, except upon such terms and conditions as may be determined:
(a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues derived from the rentals from such project; or
(b) Convey or otherwise alienate such project or the real property upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or
(c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real property upon which it shall be located.
5. To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.
6. To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates; and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay, or in relation to, such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of revenue certificates, or any specified amount of percentage of such revenue certificates, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.
7. To vest in a trustee or trustees, or the holder or holders of any specified amount or percentage of revenue certificates, the right to apply to any court of competent jurisdiction for, and have granted the appointment of, a receiver or receivers of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.
8. To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient, or desirable, in order to secure such revenue certificates, or as may in the judgment of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.
κ1963 Statutes of Nevada, Page 873 (CHAPTER 387, AB 513)κ
to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.
Sec. 7. Any holder of revenue certificates, including a trustee for holders of such revenue certificates, shall have the right, in addition to all other rights:
1. By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce his rights against the University of Nevada, and any officer, agent or employee of the board of regents, to fix and collect such rentals adequate to carry out any agreement as to, or pledge of, such rentals; and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.
2. By action, to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of revenue certificates.
Sec. 8. All moneys, derived from the sale of revenue certificates, or otherwise, borrowed under the provisions of this act, or received as a grant, shall be paid into a separate trust account or trust accounts. Such moneys shall be disbursed as may be directed by the board of regents in accordance with the terms of any agreements with the holder of any revenue certificates.
Sec. 9. The revenue certificates, bearing the signatures of officers in office on the date of the signing thereof, shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the board of regents. The validity of the revenue certificates shall not be dependent on, nor affected by, the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.
Sec. 10. Nothing in this act shall be construed to authorize the board of regents to contract a debt on behalf of, or in any way to obligate, the State of Nevada, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.
Sec. 11. All revenue certificates issued pursuant to this act shall be obligations of the University of Nevada, payable only in accordance with the terms thereof, and shall not be obligations general, special or otherwise, of the State of Nevada.
κ1963 Statutes of Nevada, Page 874 (CHAPTER 387, AB 513)κ
otherwise, of the State of Nevada. Such revenue certificates shall not be a bond or debt of the State of Nevada, and shall not be enforcible against the state; nor shall payment thereof be enforcible out of any funds of the University of Nevada other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such revenue certificates.
Sec. 12. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and revenue certificates may be issued hereunder without regard to the procedure required by any other such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 13. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 14. This act shall become effective upon passage and approval.
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Assembly Bill No. 474Messrs. Godbey, Jacobsen, Hafen, Manning and Miss Herr
CHAPTER 388
AN ACT to amend NRS section 617.440, relating to diseases arising in the course of employment for the purposes of the Nevada Occupational Diseases Act, by removing certain restrictions on eligibility of persons suffering from radiation poisoning or illness for benefits under such act; and by providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.440 is hereby amended to read as follows:
617.440 1. An occupational disease defined in this chapter shall be deemed to arise out of and in the course of the employment:
(a) Only when the disease was contracted within 12 months previous to the date of disablement, except in cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X-rays) or ionizing radiation, in which cases the poisoning or illness resulting in disability must have been contracted in the State of Nevada within 4 years prior to the date on which such disability occurred. [, while the claimant was covered by the provisions of this chapter and not while the claimant was an employee of the Atomic Energy Commission of the United States or any of its contractors or subcontractors.]
κ1963 Statutes of Nevada, Page 875 (CHAPTER 388, AB 474)κ
(b) If there is a direct causal connection between the conditions under which the work is performed and the occupational disease;
(c) Which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;
(d) Which can be fairly traced to the employment as the proximate cause; and
(e) Which does not come from a hazard to which workmen would have been equally exposed outside of the employment.
2. The disease must be incidental to the character of the business and not independent of the relation of employer and employee.
3. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.
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Assembly Bill No. 304Clark County Delegation
CHAPTER 389
AN ACT to amend NRS section 218.060, relating to Clark County assembly districts, by creating a fifth assembly district comprised of North Las Vegas Township and providing for the election of one assemblyman at large therein; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.060 is hereby amended to read as follows:
218.060 1. Clark County is divided into [four] five assembly districts as follows:
(a) All that portion of Clark County comprising the election precincts of Nelson township and Searchlight township as established by the county clerk of Clark County shall be known as assembly district No. 1, with one assemblyman to be elected at large therein.
(b) All that portion of Clark County comprising the election precincts of Bunkerville township, of Logandale township, of Mesquite township, of Moapa township and of Overton township as established by the county clerk of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large therein.
(c) All that portion of Clark County comprising the election precincts of Henderson township as established by the county clerk of Clark County shall be known as assembly district No. 4, with one assemblyman to be elected at large therein.
(d) All that portion of Clark County comprising the election precincts of North Las Vegas township as established by the county clerk of Clark County shall be known as assembly district No. 5, with one assemblyman to be elected at large therein.
κ1963 Statutes of Nevada, Page 876 (CHAPTER 389, AB 304)κ
[(d)] (e) All the remaining portion of Clark County shall be known as assembly district No. 2, with [nine] eight assemblymen to be elected at large therein.
2. Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.
Sec. 2. This act shall become effective on January 1, 1964, only for the purpose of electing the members of the assembly at the general election in 1964. For all other purposes, this act shall become effective on the day next after the election of members of the assembly at the general election in 1964.
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Assembly Bill No. 231Mr. Gray and Miss Herr
CHAPTER 390
AN ACT to amend chapter 394 of NRS, relating to private schools and universities, by adding new sections defining terms; requiring a permit to operate any private correspondence school in Nevada or to represent any such school located outside Nevada; providing for the revocation of such permits; providing for the accreditation and licensing of private business and trade schools by the state board of education; prescribing standards for accreditation and licensing; providing for investigation of such schools and for the revocation of licenses and accreditations; providing penalties; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. As used in sections 3 to 24, inclusive, of this act, unless the context otherwise requires:
1. Board means the state board of education.
2. Privately owned correspondence, business or trade school means a school maintaining a place of business in Nevada from which or in which it gives training for a consideration or remuneration in any business, trade, technical or industrial occupation, but does not include:
(a) Public or tax-supported institutions.
(b) Parochial, denominational or eleemosynary institutions.
(c) Schools licensed under other provisions of Nevada law.
(d) Schools primarily offering instruction in the avocational, recreational or entertainment fields, including schools of dancing, schools of charm and schools of photography.
(e) Correspondence schools accredited by the National Home Study Council.
(f) Schools belonging to accrediting associations recognized by the Office of Education of the Department of Health, Education and Welfare.
κ1963 Statutes of Nevada, Page 877 (CHAPTER 390, AB 231)κ
Sec. 3. 1. No person representing a privately owned correspondence school located in the State of Nevada or operating from a place of business in this state shall, except within the established and legal premises of such school, solicit or sell in Nevada any correspondence course for a consideration or remuneration unless he first secures a permit from the board.
2. The application for a permit shall be made on forms to be furnished by the board and shall be accompanied by a fee of $5 and a surety bond in the penal sum of $1,000. Such bond may be continuous and shall be conditioned to provide indemnification to any student or students suffering loss as a result of any fraud or misrepresentation used in procuring their enrollments, and may be supplied by the representative of the school or by the school itself as a blanket bond covering each of its representatives in the penal sum of $1,000. The maximum liability to be incurred under an individual or blanket surety bond shall not exceed $1,000 in the case of any one solicitor.
3. A permit shall be valid for the calendar year in which it is issued. An application for renewal shall be accompanied by a fee of $5 and a surety bond as provided in this section.
4. The surety on any bond mentioned in this section may relieve itself of liability thereafter and withdraw from the bond upon giving 30 days notice in writing to the board.
5. All fees received with applications for the issuance or renewal of such permits shall be deposited in the general fund in the state treasury and shall not be refundable under any circumstances.
Sec. 4. No person representing a privately owned correspondence school located outside the State of Nevada shall solicit or sell in Nevada any correspondence course for a consideration or remuneration unless he first secures a permit from the board in the manner and on the terms provided in section 3 of this act.
Sec. 5. No person representing a privately owned trade or business school which gives training in residence shall solicit or sell any resident course for a consideration or remuneration unless he first secures a permit from the board in the manner and on the terms provided for in section 3 of this act.
Sec. 6. No person shall be granted a permit under sections 3 to 5, inclusive, of this act unless he is an individual of good moral character.
Sec. 7. Any permit issued as provided for under sections 3 to 8, inclusive, of this act may, upon 10 days notice and after a hearing, be revoked by the board if the holder of the permit solicits or enrolls students through fraud or misrepresentation.
Sec. 8. The board is hereby authorized to adopt rules and regulations for the administration and enforcement of the provisions of sections 3 to 8, inclusive, of this act and may appoint a committee of from three to five owners or other representatives of privately owned correspondence schools to advise the board in its administration.
Sec. 9. Any person who violates any of the provisions of sections 3 to 8, inclusive, of this act is guilty of a misdemeanor and shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than 3 months.
κ1963 Statutes of Nevada, Page 878 (CHAPTER 390, AB 231)κ
Sec. 10. Any privately owned business or trade school, offering instruction in residence in the State of Nevada, may apply to the board for the accreditation of courses of instruction offered by such school.
Sec. 11. No course of education or training which is offered by a privately owned business or trade school shall be accredited for the purposes of sections 10 to 18, inclusive, of this act unless the educational institution offering such course submits to the board a written application for accreditation of such course in accordance with the provisions of sections 10 to 18, inclusive, of this act. Such application shall be accompanied by a fee of $25.
Sec. 12. The application referred to in section 11 of this act shall be accompanied by not less than two copies of the current catalog or bulletin which is certified as true and correct in content and policy by an authorized owner or official and which shall include the following:
1. Identifying data, such as volume number and date of publication.
2. Name of the institution and its governing body, officials and faculty.
3. A calendar of the institution showing legal holidays, beginning and ending date of each quarter, term or semester, and other important dates.
4. Institution policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course.
5. Institution policy and regulations relative to leave, absences, class cuts, makeup work, tardiness and interruptions for unsatisfactory attendance.
6. Institution policy and regulations relative to standards of progress required of the student by the institution, which policy shall define the grading system of the institution, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the institution, and conditions of reentrance for those students dismissed for unsatisfactory progress.
7. Institution policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct.
8. Detailed schedule of fees, charges for tuition, books, supplies, tools, student activities, laboratory fees, service charges, rentals, deposits and all other charges.
9. Policy and regulations of the institution relative to the refund of the unused portion of tuition, fees and other charges in the event the student does not enter the course or withdraws or is discontinued therefrom.
10. A description of the available space, facilities and equipment.
11. A course outline for each course offered showing subjects or units in the course, type of work or skill to be learned, and approximate time and clock hours to be spent on each subject or unit.
12. Policy and regulations of the institution relative to granting credit for previous education and training.
κ1963 Statutes of Nevada, Page 879 (CHAPTER 390, AB 231)κ
Sec. 13. Investigation of privately owned business or trade schools located in the State of Nevada shall include inspection by a supervisor from the staff maintained by the board.
Sec. 14. The board may accredit the courses of instruction offered by a school when the institution and its courses are found upon investigation to have met the following criteria:
1. The courses, curriculum and instruction are consistent in quality, content and length with similar courses in public schools and other private schools in the state, or with recognized accepted standards.
2. There is in the institution adequate space, equipment, instructional material and instructor personnel to provide training of good quality.
3. Educational and experience qualifications of directors, administrators and instructors are adequate.
4. The institution maintains a written record of the previous education and training of the student and clearly indicates that appropriate credit has been given by the institution for previous education and training, with the training period shortened proportionately and the student so notified.
5. A copy of the course outline and a schedule of tuition will be furnished the student upon enrollment.
6. Upon completion of training, the student is given a certificate by the institution indicating that training was satisfactorily completed.
7. Adequate records as prescribed by the board are kept to show attendance and progress or grades, and satisfactory standards relating to attendance, progress and conduct are enforced.
8. The institution complies with all local, city, county, municipal and state regulations, such as fire, building and sanitation codes. The board may require such evidence of compliance as is deemed necessary.
9. The institution is financially sound and capable of fulfilling its commitments for training.
10. The institution does not utilize advertising of any type which is erroneous or misleading, either by actual statement, omission or intimation, including claims of accreditation by any organization not accepted by the board as a nationally recognized accrediting agency pursuant to and for the purposes of Section 253 of the Veterans Readjustment Assistance Act of 1952 (Public Law 550, 82nd Congress).
11. The institutions administrators, directors, owners and instructors are of good reputation and character.
12. The institution has and adheres to a reasonable policy for the refund of tuition and fees paid in advance by an enrollee who fails to enter a course or who withdraws or is discontinued from training prior to completing the course.
13. Such additional criteria as may be deemed necessary by the board.
Sec. 15. The board, upon determining that a privately owned business or trade school has complied with all the requirements of sections 10 to 18, inclusive, of this act, shall issue a certificate of accreditation to the school and a letter clearly setting forth the courses of instruction offered by the school which have satisfied all the requirements for accreditation.
κ1963 Statutes of Nevada, Page 880 (CHAPTER 390, AB 231)κ
to the school and a letter clearly setting forth the courses of instruction offered by the school which have satisfied all the requirements for accreditation. Unless disapproved for failure to meet the requirements for accreditation on a continuing basis as provide for in section 17 of this act, accreditation shall be valid for a period of 12 months following the effective date appearing on the certificate of accreditation. Application for reaccreditation shall be made in the manner prescribed in sections 11 and 12 of this act. The application for reaccreditation shall be accompanied by a fee of $25.
Sec. 16. The board shall compile quarterly a list of the schools and courses accredited under sections 10 to 18, inclusive, of this act, and make such lists available as the board may find desirable or necessary.
Sec. 17. Any privately owned business or trade school having courses accredited for the purposes of sections 10 to 18, inclusive, of this act which fails to meet any of the requirements of such sections shall be notified of such noncompliance by registered or certified mail giving such school 10 days notice of a hearing before the board to show cause why the accreditation of its courses should not be withdrawn. If upon such hearing corrective action has not been taken, the school shall be notified by registered or certified mail that the accreditation of its courses has been withdrawn.
Sec. 18. The board may promulgate such regulations as may be necessary to implement sections 10 to 17, inclusive, of this act.
Sec. 19. All fees received with applications for accreditation or reaccreditation under the provisions of sections 10 to 18, inclusive, of this act shall be deposited in the general fund in the state treasury. Such fees shall not be refundable under any circumstances.
Sec. 20. No privately owned correspondence, business or trade school shall be operated by any person, firm, corporation or any private organization unless a license is first secured from the board after it has been determined that the school is in compliance with the following minimum standards:
1. It has facilities such as equipment, tools, machines, classrooms, laboratories and work stations adequate in quality and numbers to offer the training it alleges to offer.
2. Its directors, administrators and instructors have adequate educational and experience qualifications.
3. It is financially sound and capable of fulfilling its commitments for training.
4. It does not utilize advertising and sales practices which are erroneous or misleading, either by actual statement, omission or intimation.
5. It complies with all local, city, county, municipal, state and federal regulations, such as fire, building and sanitation codes.
6. It has and adheres to a reasonable refund schedule in the event a student fails to enter training, or discontinues a course.
Sec. 21. 1. Application for a license shall be made on a form furnished by the board, and shall be accompanied by an application fee of $25 and a surety bond in the sum of $5,000. Such bond may be continuous and shall be conditioned for the faithful performance of all agreements and contracts with students, as disclosed by the application for license, and compliance with sections 20 to 24, inclusive, of this act.
κ1963 Statutes of Nevada, Page 881 (CHAPTER 390, AB 231)κ
continuous and shall be conditioned for the faithful performance of all agreements and contracts with students, as disclosed by the application for license, and compliance with sections 20 to 24, inclusive, of this act. The surety on any bond mentioned herein may relieve itself of liability thereafter and withdraw from the bond upon giving 30 days notice in writing to the board.
2. Every license shall expire at the close of the calendar year following the date of issuance. An application for renewal shall be accompanied by a fee of $25 and a surety bond as provided in this section or by evidence of the continuation of such a bond previously given. All fees received by the board under this section shall be deposited in the general fund in the state treasury. Such fees shall not be refundable under any circumstances.
Sec. 22. A license issued under the provisions of sections 20 to 24, inclusive, of this act shall be revoked by the board when it has been established, after written notice to the school and a hearing, that the school fails to meet any of the standards or requirements of sections 20 to 24, inclusive, of this act.
Sec. 23. The board may adopt reasonable regulations for the administration and enforcement of the provisions of sections 20 to 24, inclusive, of this act, and may appoint a committee of from three to five owners or other representatives of privately owned correspondence, business and trade schools to advise the board in its administration.
Sec. 24. Any person who violates any of the provisions of sections 20 to 23, inclusive, of this act is guilty of a misdemeanor and shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than 90 days.
________
κ1963 Statutes of Nevada, Page 882κ
Assembly Bill No. 179Committee on Roads, Transportation and Aviation
CHAPTER 391
AN ACT to amend chapter 481 of NRS, relating to the administration of motor vehicle laws, by adding new sections authorizing the motor carrier division of the department of motor vehicles to employ enforcement personnel; and prescribing certain powers, duties and benefits of such personnel; to amend NRS sections 4.370, 171.155, 171.300, 481.051, 481.140 and 481.180, relating to jurisdiction of justices courts, peace officers, arrests without a warrant, appointment of vendors as agents of the department of motor vehicles, and the composition of the Nevada highway patrol and the duties of its personnel, by extending the jurisdiction of justices of the peace in certain cases; by including in the definition of peace officers and in the provisions relating to arrests without a warrant certain personnel of the motor carrier division of the department of motor vehicles; by authorizing the appointment of inspectors of the public service commission and Nevada highway patrolmen as vendors for the department of motor vehicles; by authorizing employment of personnel, including patrolmen, by the Nevada highway patrol; and by relieving personnel of the Nevada highway patrol of certain duties; transferring field agents from the Nevada highway patrol to the motor carrier division of the department of motor vehicles; making an appropriation; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In addition to other necessary personnel, there shall be employed in the motor carrier division of the department of motor vehicles one inspector and 18 field agents whose duties shall be:
1. To enforce the motor vehicle carrier law contained in chapter 706 of NRS.
2. To enforce the provisions of chapters 365, 366, 482, 483, 484 and 487 of NRS.
Sec. 3. The inspector and field agents of the motor carrier division of the department of motor vehicles shall:
1. Have the powers of peace officers in carrying out their duties under the provisions of section 2 of this act.
2. Be entitled to retire at the ages and under the circumstances provided in NRS 286.510.
Sec. 4. NRS 4.370 is hereby amended to read as follows:
4.370 1. Justices courts shall have jurisdiction of the following actions and proceedings:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $300.
(b) In actions for damages for injury to the person, or for taking, detaining, or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or possession of the same, if the damage claimed does not exceed $300.
(c) In actions for a fine, penalty, or forfeiture, not exceeding $300, given by statute, or the ordinance of an incorporated or unincorporated city where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine.
κ1963 Statutes of Nevada, Page 883 (CHAPTER 391, AB 179)κ
given by statute, or the ordinance of an incorporated or unincorporated city where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll, or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $300, though the penalty may exceed that sum.
(e) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $300.
(f) In actions to recover the possession of personal property if the value of such property does not exceed $300.
(g) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $300.
(h) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.
(i) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceeding shall be as prescribed by NRS upon that subject.
(j) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $300.
(k) Concurrent jurisdiction with the district courts of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $300.
2. The jurisdiction conferred by this section shall not extend to civil actions, in which the title of real property or mining claims, or questions affecting the boundaries of land, are involved; and if questions of title to real property be involved, cases involving such questions shall be disposed of as provided in NRS.
3. Justices courts shall have jurisdiction of the following public offenses, committed within the respective counties in which courts are established.
(a) Petit larceny.
(b) Assault and battery, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill.
(c) [Breachs] Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding $500, or imprisonment not exceeding 6 months, or by both such fine and imprisonment.
4. Except as provided in subsection 5, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol pursuant to the duties prescribed by NRS 481.180, or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
Sec. 5. NRS 171.155 is hereby amended to read as follows:
171.155 Peace officers are the bailiff of the supreme court, sheriffs of counties, constables, members of the Nevada state police, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in section 2 of this act, special investigators employed by the office of any district attorney, marshals and policemen of cities and towns, respectively.
κ1963 Statutes of Nevada, Page 884 (CHAPTER 391, AB 179)κ
of counties, constables, members of the Nevada state police, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in section 2 of this act, special investigators employed by the office of any district attorney, marshals and policemen of cities and towns, respectively.
Sec. 6. NRS 171.300 is hereby amended to read as follows:
171.300 1. Except as provided in subsection 2, when an arrest is made without a warrant by a peace officer or private person, the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and a complaint, stating the charge against the person, must be laid before such magistrate.
2. When an arrest is made without a warrant by a member of the Nevada highway patrol acting pursuant to the duties prescribed by NRS 481.180, or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate having jurisdiction, and a complaint, stating the charge against the person, must be laid before such magistrate.
Sec. 7. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as department agents on the highways of the state for the purpose of selling one-trip licenses, convoy one-trip licenses and of collecting other one-trip fees where fixed ports of entry do not adequately serve a respective highway entering the state. The vendor shall be remunerated at the rate of 50 cents per license sold. The vendor shall collect the special fuel tax provided for in chapter 366 of NRS and the one-trip and convoy one-trip license fees provided for in chapter 706 of NRS, and pay them to the department. The vendor shall guarantee such payment by giving a bond to the state in such sum as may be fixed by the director.
κ1963 Statutes of Nevada, Page 885 (CHAPTER 391, AB 179)κ
The premium on such bond shall be paid by the department. The director may appoint inspectors of the public service commission and Nevada highway patrolmen to serve without remuneration as vendors for the purposes of this subsection.
Sec. 8. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One director.
2. Two inspectors.
3. [Until July 1, 1962, not more than 67 additional personnel, of which 42 shall be patrolmen and 18 shall be field agents for the enforcement of the provisions of chapters 482 and 706 of NRS.
4. On and after July 1, 1962, not more than 70 additional personnel, of which 45 shall be patrolmen and 18 shall be field agents for the enforcement of the provisions of chapters 482 and 706 of NRS.] Not more than 63 additional personnel, of which 50 shall be patrolmen.
Sec. 9. NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol shall be:
1. To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada; and they shall have the powers of police officers with respect to traffic law violations and other offenses committed over and along the highways of this state.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence for the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.
3. To act as field agents and inspectors in the enforcement of the motor vehicle registration law (chapter 482 of NRS).
4. To act as field agents, inspectors and instructors in carrying out the provisions of the operators and chauffeurs licensing law (chapter 483 of NRS).
5. To act as field agents and inspectors of the department of motor vehicles in the enforcement of the motor vehicles carrier law (chapter 706 of NRS).
6. To act as field agents and inspectors of the Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).
7. To act as field agents and inspectors of the Nevada tax commission until July 1, 1959, and thereafter of the department of motor vehicles in the enforcement of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.
8. To act as field agents and inspectors in the enforcement of the laws relating to motor vehicle safety responsibility, power cycles and garages, repair shops and parking area keepers (chapters 485, 486 and 487 of NRS.)
κ1963 Statutes of Nevada, Page 886 (CHAPTER 391, AB 179)κ
laws relating to motor vehicle safety responsibility, power cycles and garages, repair shops and parking area keepers (chapters 485, 486 and 487 of NRS.)
[8.] 9. To perform such other duties in connection with each and all of the above-specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles.
Sec. 10. The 18 field agents currently with the Nevada highway patrol are hereby transferred to the motor carrier division of the department of motor vehicles without loss of compensation, retirement rights, or any other benefits to which they are entitled pursuant to chapter 284 of NRS.
Sec. 11. There is hereby appropriated from the state highway fund in the state treasury to the department of motor vehicles for the fiscal year ending July 1, 1963, the sum of $12,020 for the payment of salaries and other expenses connected with the authorization of employment of additional personnel of the Nevada highway patrol by section 8 of this act. Any remaining balance of the moneys herein appropriated unexpended or unencumbered on July 1, 1963, shall revert to the general fund on September 1, 1963.
Sec. 12. Sections 8 and 11 of this act shall become effective upon passage and approval of this act. All other sections of this act shall become effective on July 1, 1963.
________
Senate Bill No. 49Committee on Judiciary
CHAPTER 392
AN ACT to amend chapter 205 of NRS, relating to crimes against property, by adding to the vehicle antitheft laws a new section defining the word owner; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 205.272 to 205.274, inclusive, the word owner means a person having the lawful use or control or the right to the use and control of a vehicle under a lease or otherwise for a period of 10 or more successive days.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 887κ
Senate Bill No. 104Committee on Judiciary
CHAPTER 393
AN ACT to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the department of health and welfare, incorporating the functions of the Nevada state childrens home, the state department of health, the Nevada state hospital, the state alcoholism agency, the state welfare department, the Nevada youth training center and the Nevada girls training center; to amend chapters 210, 232, 422, 433, 439, 441, 442, 443, 444, 449 and 452 and NRS sections 62.200, 62.310, 127.050, 127.057, 127.120, 127.130, 127.185, 127.200, 127.210, 128.040, 159.110, 210.010, 210.020, 210.060, 210.065 to 210.085, inclusive, 210.160, 210.200, 210.230, 210.400, 210.450, 210.470 to 210.490, inclusive, 210.510, 210.560, 210.650, 232.150, 244.263, 281.150, 281.210, 284.140, 310.100, 313.525, 313.530, 318.170, 422.030, 422.040, 422.060 to 422.090, inclusive, 422.110, 422.120, 422.140, 422.160, 422.180 to 422.230, inclusive, 422.250 to 422.310, inclusive, 422.340, 423.010, 423.030, 423.050, 423.065, 423.100, 424.020 to 424.070, inclusive, 425.030 to 425.050, inclusive, 425.070 to 425.120, inclusive, 425.150, 425.170, 425.200, 425.220, 426.090, 426.115 to 426.130, inclusive, 426.300 to 426.330, inclusive, 426.350 to 426.390, inclusive, 426.410, 426.420, 426.440, 426.450, 426.470 to 426.490, inclusive, 426.520, 426.530, 426.550 to 426.570, inclusive, 426.610 to 426.650, inclusive, 426.670 to 426.690, inclusive, 426.710 to 426.730, inclusive, 427.020, 427.090, 427.130, 427.140, 427.155, 427.160, 427.190, 427.210 to 427.280, inclusive, 428.090, 431.010 to 431.100, inclusive, 431.120, 432.010 to 432.040, inclusive, 432.070, 432.080, 433.070, 433.120, 433.130, 433.140, 433.410, 436.010, 436.020, 436.050 to 436.070, inclusive, 436.090, 439.010, 439.020, 439.080 to 439.100, inclusive, 439.130, 439.135, 439.140 to 439.180, inclusive, 439.240, 439.260, 439.270, 439.310, 439.330, 439.340, 439.390, 439.480, 439.550, 439.570, 439.580, 440.240, 440.260, 440.600, 440.660, 441.060, 441.070, 441.090 to 441.160, inclusive, 441.180, 441.200, 441.250, 441.260, 442.080, 442.120 to 442.230, inclusive, 443.075 to 443.165, inclusive, 444.070 to 444.110, inclusive, 444.190, 445.050, 445.060, 445.080 to 445.100, inclusive, 446.050, 446.130, 447.190, 449.040, 449.060, 449.080, 449.090, 449.140 to 449.180, inclusive, 449.200, 449.220 to 449.245, inclusive, 449.260, 449.340, 452.210 to 452.240, inclusive, 457.020, 457.070, 457.170, 457.180, 458.010, 458.030 to 458.115, inclusive, 458.170, 488.335, 488.355, 543.590, 583.020, 583.040, 583.080, 584.180, 584.190 to 584.200, inclusive, 584.210, 585.200, 630.285, 631.270 and 631.310, relating to various functions of the Nevada state childrens home, the state department of health, the Nevada state hospital, the state alcoholism agency, the state welfare department, the Nevada youth training center and the Nevada girls training center, by making technical changes necessitated by the creation of the department of health and welfare; to repeal NRS sections 422.150, 422.170, 423.060, 433.080, 439.260, 443.035 and 443.045, relating to the state welfare director, the superintendent of the Nevada state childrens home, the superintendent and medical director of the Nevada state hospital, distribution of diphtheria antitoxin, and the medical director of the tuberculosis care program; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. Department means the department of health and welfare.
κ1963 Statutes of Nevada, Page 888 (CHAPTER 393, SB 104)κ
2. Director means the director of the department of health and welfare.
Sec. 3. 1. The department of health and welfare is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Alcoholism division.
(b) Childrens home division.
(c) Health division.
(d) Nevada girls training center division.
(e) Nevada state hospital division.
(f) Nevada youth training center division.
(g) Welfare division.
Sec. 4. The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary of not more than $15,120 to be fixed by the governor from time to time within the limits of legislative appropriations.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have had broad, responsible experience in the field of administration or possess broad management skills or working knowledge of the field of social services administration.
7. Be selected with special reference to his training, experience and aptitude for coordinating related functions of public health, welfare and social service agencies. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles, and a working knowledge of principles of public finance and the laws, rules and regulations pertaining to public agencies.
(b) Administrative ability to assess the operating efficiency of component agencies and to delegate authority and duties to responsible division heads.
(c) Ability to organize and clearly present oral and written findings and recommendations to the governor, the legislature and other officials and agencies.
Sec. 5. The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the childrens home division shall be known as the superintendent of the Nevada state childrens home, the chief of the health division shall be known as the state health officer, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada state hospital division shall be known as the superintendent of the Nevada state hospital, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, and the chief of the welfare division shall be known as the state welfare administrator.
κ1963 Statutes of Nevada, Page 889 (CHAPTER 393, SB 104)κ
known as the superintendent of the Nevada youth training center, and the chief of the welfare division shall be known as the state welfare administrator.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427, inclusive, 430 to 433, inclusive, 436, 439 to 447, inclusive, 449 and 450 of NRS and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Have such other powers and duties as provided by law.
Sec. 6. The director may employ, within the limits of legislative appropriations and pursuant to the provisions of chapter 284 of NRS, such staff as is necessary to the performance of his duties.
Sec. 7. The chief of each division of the department shall:
1. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.
2. Receive an annual salary to be fixed by the director, with the consent of the governor, within the limits of legislative appropriations, unless he is in the classified service of the state, in which case his salary shall be fixed pursuant to the provisions of chapter 284 of NRS.
3. Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
Sec. 8. The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise.
Sec. 9. NRS 62.200 is hereby amended to read as follows:
62.200 1. If the court shall find that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is approved by the [state welfare department,] welfare division of the department of health and welfare, or, if such institution or agency is in another state, by the analogous department of that state.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.
2. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
3. No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080.
κ1963 Statutes of Nevada, Page 890 (CHAPTER 393, SB 104)κ
conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name or race of any such child in connection with any proceedings under this chapter by published in any newspaper without a written order of the court.
4. Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.
Sec. 9.5. NRS 62.310 is hereby amended to read as follows:
62.310 In carrying out the objects and purposes of this chapter, the juvenile court may utilize the services and facilities of the [state welfare department] welfare division of the department of health and welfare provided by such [department] division pursuant to the provisions of chapter 432 of NRS.
Sec. 10. NRS 127.050 is hereby amended to read as follows:
127.050 The following may accept relinquishments for the adoption of children from parents and guardians and may consent to the adoption of children:
1. The [state welfare department,] welfare division of the department of health and welfare, to whom the child has been relinquished for adoption;
2. A corporation organized and existing under and by virtue of the laws of the State of Nevada as a child-caring agency, to whom the child has been relinquished for adoption; or
3. Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished for adoption.
Sec. 11. NRS 127.057 is hereby amended to read as follows:
127.057 1. Any person to whom a consent to adoption executed in this state is delivered shall, within 48 hours after receipt of such executed consent to adoption, furnish a true copy thereof to the [state welfare department,] welfare division of the department of health and welfare, together with a report of the permanent address of the person or persons in whose favor such consent was executed.
2. All information received by the [state welfare department] welfare division pursuant to the provisions of this section shall be confidential information, and shall be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 12. NRS 127.120 is hereby amended to read as follows:
127.120 1. A petition for adoption of a child shall be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the [state welfare department,] welfare division of the department of health and welfare, which shall make an investigation and report as hereinafter provided.
κ1963 Statutes of Nevada, Page 891 (CHAPTER 393, SB 104)κ
of the petition to the [state welfare department,] welfare division of the department of health and welfare, which shall make an investigation and report as hereinafter provided. If one petitioner is related to the child within the third degree of consanguinity, the county may, in its discretion, waive the investigation by the [state welfare department.] welfare division.
2. The [state welfare department] welfare division shall verify the allegations of the petition and investigate the condition and the antecedents of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the minor. The [department] welfare division shall, within 30 days after receiving the copy of the petition for adoption, submit to the court a full written report of its findings, which shall contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court may require. The court, on good cause shown, may extend the [departments] welfare divisions time, designating a time certain, within which to submit a report.
3. If the court is dissatisfied with the report submitted by the [department,] welfare division, the court may order an independent investigation to be conducted and a report submitted by such agency or person as the court may select. The costs of such investigation and report may be assessed against the petitioner or charged against the county wherein the adoption proceeding is pending.
4. No petition for adoption shall be approved unless the child shall have lived for a period of 6 months in the proposed home.
Sec. 13. NRS 127.130 is hereby amended to read as follows:
127.130 The report of the [department] welfare division of the department of health and welfare shall not be made a matter of public record, but shall be given in writing and in confidence to the district judge before whom the matter is pending. If the recommendation of the [department] welfare division is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendations of the report of the [department.] welfare division.
Sec. 14. NRS 127.185 is hereby amended to read as follows:
127.185 Any person or organization who or which, without holding a valid unrevoked license or permit to place children for adoption issued by the [state welfare department,] welfare division of the department of health and welfare, advertises in any periodical or newspaper, or by radio or other public medium, that he or it will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption, is guilty of a misdemeanor.
Sec. 15. NRS 127.200 is hereby amended to read as follows:
127.200 1. A married person not lawfully separated from his spouse may not adopt an adult person without the consent of the spouse of the adopting person, if such spouse is capable of giving such consent.
κ1963 Statutes of Nevada, Page 892 (CHAPTER 393, SB 104)κ
2. A married person not lawfully separated from his spouse may not be adopted without the consent of the spouse of the person to be adopted, if such spouse is capable of giving such consent.
3. Neither the consent of the natural parent or parents of the person to be adopted, nor of the [state welfare department,] welfare division of the department of health and welfare, nor of any other person is required.
Sec. 16. NRS 127.210 is hereby amended to read as follows:
127.210 1. The adopting person and the person to be adopted may file in the district court in the county in which either resides a petition praying for approval of the agreement of adoption by the issuance of a decree of adoption.
2. The court shall fix a time and place for hearing on the petition, and both the person adopting and the person to be adopted shall appear at the hearing in person, but if such appearance is impossible or impractical, appearance may be made for either or both of such persons by counsel empowered in writing to make such appearance.
3. The court may require notice of the time and place of the hearing to be served on other interested persons, and any such interested person may appear and object to the proposed adoption.
4. No investigation or report to the court by any public officer is required, but the court may require the [state welfare department] welfare division of the department of health and welfare to investigate the circumstances and report thereon, with recommendations, to the court prior to the hearing.
5. At the hearing the court shall examine the parties, or the counsel of any party not present in person. If the court is satisfied that the adoption will be for the best interests of the parties and in the public interest, and that there is no reason why the petition should not be granted, the court shall approve the agreement of adoption, and enter a decree of adoption declaring that the person adopted is the child of the person adopting him. Otherwise, the court shall withhold approval of the agreement and deny the prayer of the petition.
Sec. 17. NRS 128.040 is hereby amended to read as follows:
128.040 The [director of the state welfare department,] state welfare administrator of the welfare division of the department of health and welfare, or his agent, the probation officer, or any other person may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.
Sec. 18. NRS 159.110 is hereby amended to read as follows:
159.110 1. If the estate of any incompetent person who is the recipient of assistance from any [division of the state welfare department] section of the welfare division of the department of health and welfare consists wholly of monthly assistance payments or other benefits provided by any [division of the state welfare department,] section of the welfare division, and no legal guardian for the incompetent person has been duly appointed, the [state welfare department] welfare division may petition for the appointment of a guardian of the estate of the incompetent person.
κ1963 Statutes of Nevada, Page 893 (CHAPTER 393, SB 104)κ
division may petition for the appointment of a guardian of the estate of the incompetent person.
2. Should any officer of the [state welfare department] welfare division file a petition as provided in this section, no fees of any kind shall be required by the county clerk, the county recorder or other county officer, nor shall any notice of the hearing thereof be required, except posting notices for 10 days in 3 public places in the county where the petition is filed by the county clerk.
3. The court making the appointment may, in its discretion, waive the furnishing of a bond by any person appointed as a guardian under this section.
Sec. 19. Chapter 210 of NRS is hereby amended by adding thereto the provisions of sections 20 and 21 of this act.
Sec. 20. The provisions of NRS 210.010 to 210.290, inclusive, shall be administered by the superintendent, subject to administrative supervision by the director.
Sec. 21. The provisions of NRS 210.400 to 210.720, inclusive, shall be administered by the superintendent, subject to administrative supervision by the director.
Sec. 22. NRS 210.010 is hereby amended to read as follows:
210.010 The following words shall have the following meaning within the purview of NRS 210.010 to 210.290, inclusive, and shall be so construed:
1. Board means the youth training center advisory board.
2. Director means the director of the department of health and welfare.
3. School means the Nevada youth training center, heretofore established and maintained for the care of minors adjudged delinquent and committed thereto.
[3.] 4. Superintendent means the superintendent of the school.
Sec. 23. (There is no section of this number.)
Sec. 24. NRS 210.060 is hereby amended to read as follows:
210.060 1. The superintendent of the school shall be selected [on the basis of merit under the provisions of chapter 284 of NRS, and shall be in the classified service of the state, except for the purposes of removal. He shall be appointed by and be responsible to the governor, and he shall serve at the pleasure of the governor.] as provided in section 5 of this act.
2. He shall reside at the residence provided for in NRS 210.063.
3. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 25. NRS 210.065 is hereby amended to read as follows:
210.065 1. The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.
κ1963 Statutes of Nevada, Page 894 (CHAPTER 393, SB 104)κ
2. The [governor] director shall request the state department of personnel to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 26. NRS 210.070 is hereby amended to read as follows:
210.070 1. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.
2. He shall be the executive and administrative head of the school, subject to administrative supervision by the director, and as such shall have the following powers and duties:
(a) To exercise general supervision of and make and revise rules and regulations for the government of the school.
(b) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.
(c) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.
(d) To make quarterly reports to the [board,] director, and to supply the [legislature] director with material on which to base proposed legislation.
(e) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(f) To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.010 to 210.290, inclusive.
(g) To submit an annual report to the [governor and the legislature] director of the condition, operation and functioning of the school, and anticipated needs of the school.
(h) To keep the public informed in regard to the activities and operation of the school, and to disseminate other information which will acquaint the public with juvenile correctional problems.
Sec. 27. NRS 210.075 is hereby amended to read as follows:
210.075 The superintendent may, with the approval of the [governor,] director, enter into contracts with colleges, universities and other organizations for the purposes of research in the field of delinquency and crime prevention, for training special workers, including teachers, probation and parole officers, social workers and others, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.
Sec. 28. NRS 210.080 is hereby amended to read as follows:
210.080 The superintendent shall appoint such teaching, technical, clerical and operational staff as the execution of his duties, the care of the inmates, and the maintenance and operation of the school may require, the appointments to be made in accordance with the provisions of [the state merit and personnel system.] chapter 284 of NRS.
κ1963 Statutes of Nevada, Page 895 (CHAPTER 393, SB 104)κ
Sec. 29. NRS 210.085 is hereby amended to read as follows:
210.085 1. If the superintendent finds that it is necessary or desirable that any employee reside at the school, perquisites granted to such person or charges for services rendered to such person shall be at the discretion of the [governor.] director.
2. The [governor] director shall notify each regular session of the legislature of the existing charges and perquisites.
Sec. 30. NRS 210.160 is hereby amended to read as follows:
210.160 The superintendent is authorized to accept funds and valuables of inmates for safekeeping pending their discharges, and is directed to deposit such funds in one or more banks or reputable standing. He shall keep, or cause to be kept, a fair and full account of such funds and valuables, and shall submit reports to the [board] director relative to such funds and valuables as may be required from time to time.
Sec. 31. NRS 210.200 is hereby amended to read as follows:
210.200 1. Upon request of the superintendent, a person committed to the school shall be accepted by the Nevada state hospital for observation, diagnosis and treatment, for a period not to exceed 90 days.
2. If, after observation, the superintendent and medical director of the Nevada state hospital finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with law of the Nevada state hospital.
3. If, after observation, the superintendent and medical director of the Nevada state hospital finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order any such person be committed to an appropriate institution outside the State of Nevada approved by the [board] director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.180. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 32. NRS 210.230 is hereby amended to read as follows:
210.230 The superintendent, with the approval of the [governor,] director, may enter into contracts with the Federal Government, state officials and various state agencies and departments, for the purposes of carrying out the provisions of NRS 210.220.
Sec. 33. NRS 210.400 is hereby amended to read as follows:
210.400 As used in NRS 210.400 to 210.720, inclusive:
1. Board means the Nevada girls training center advisory board.
2. Director means the director of the department of health and welfare.
3. School means the Nevada girls training center.
[3.] 4. Superintendent means the superintendent of the school.
Sec. 34. NRS 210.450 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 896 (CHAPTER 393, SB 104)κ
210.450 1. The position of superintendent of the school is hereby created.
2. The superintendent shall be selected [on the basis of merit under the provisions of chapter 284 of NRS, and shall be in the classified service of the state, except for purposes of removal. He shall be appointed by and be responsible to the governor, and shall serve at the pleasure of the governor.] as provided in section 5 of this act.
3. He shall reside at the residence provided for in NRS 210.460.
4. He shall receive the per diem expense allowance and travel expenses provided by law.
Sec. 35. NRS 210.470 is hereby amended to read as follows:
210.470 1. The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.
2. The [governor] director shall request the state department of personnel to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 36. NRS 210.480 is hereby amended to read as follows:
210.480 1. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.
2. He shall be the executive and administrative head of the school, subject to administrative supervision by the director, and as such shall have the following powers and duties:
(a) Exercise general supervision of and make and revise rules and regulations for the government of the school.
(b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.
(c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.
(d) Make quarterly reports to the [board,] director, and supply the [legislature] director with material on which to base proposed legislation.
(e) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.400 to 210.720, inclusive.
(g) Submit an annual report to the [governor and the legislature] director of the condition, operation and functioning of the school, and anticipated needs of the school.
κ1963 Statutes of Nevada, Page 897 (CHAPTER 393, SB 104)κ
(h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems pertaining to females.
Sec. 37. NRS 210.490 is hereby amended to read as follows:
210.490 The superintendent may, with the approval of the [governor,] director, enter into contracts with colleges, universities and other organizations for the purposes of research in the field of delinquency and crime prevention, for training special workers, including teachers, probation and parole officers, social workers and others, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.
Sec. 38. NRS 210.510 is hereby amended to read as follows:
210.510 1. If the superintendent finds that it is necessary or desirable that any employee reside at the school, perquisites granted to such person or charges for services rendered to such person shall be at the discretion of the [governor.] director.
2. The [governor] director shall notify each regular session of the legislature of the existing charges and perquisites.
Sec. 39. NRS 210.560 is hereby amended to read as follows:
210.560 The superintendent is authorized to accept funds and valuables of inmates for safekeeping pending their discharges, and is directed to deposit such funds in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposits shall be secured by depository bond satisfactory to the state board of examiners. The superintendent shall keep, or cause to be kept, a fair and full account of such funds and valuables, and shall submit reports to the [board] director relative to such funds and valuables as may be required from time to time.
Sec. 40. NRS 210.650 is hereby amended to read as follows:
210.650 1. Upon request of the superintendent, a person committed to the school shall be accepted by the Nevada state hospital for observation, diagnosis and treatment for a period not to exceed 90 days.
2. If, after observation, the superintendent and medical director of the Nevada state hospital finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with the law to the Nevada state hospital.
3. If, after observation, the superintendent and medical director of the Nevada state hospital finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order that any such person be committed to an appropriate institution outside the State of Nevada approved by the [board] director for treatment. The committing court may order the expense of such support and treatment to be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.580.
κ1963 Statutes of Nevada, Page 898 (CHAPTER 393, SB 104)κ
of NRS 210.580. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 41. NRS 232.150 is hereby amended to read as follows:
232.150 1. Areas subjected to flood damage shall be delineated by the department in cooperation with flood control districts. The information shall be furnished upon request to local, regional and state planning agencies.
2. The [state department of] health division of the department of health and welfare shall cooperate with the state department of conservation and natural resources for the accomplishment of the purposes of this section, but nothing in this section shall be construed to limit the powers and duties of the [state department of] health division as provided by law.
Sec. 41.5. NRS 244.263 is hereby amended to read as follows:
244.263 1. Notwithstanding the provisions of NRS 244.260 and 450.250, with the approval of the state board of finance, the board of county commissioners of any county may, by an order of such board, create in the county treasury a fund to be designated as the county hospital construction fund.
2. Moneys in the county hospital construction fund shall be used only for county participation in the construction of a hospital pursuant to the provisions of the Nevada Hospital Survey and Construction Act, being NRS 449.250 to 449.430, inclusive. As used in this subsection, construction and hospital have the same meanings ascribed to them in subsections 1 and [3] 4 of NRS 449.260.
3. The county hospital construction fund may be composed of:
(a) All or a part of the moneys paid to the county under the provisions of paragraph (b) of subsection 2 of NRS 463.320.
(b) All or a part of the moneys accumulated by the county pursuant to the provisions of NRS 244.260.
(c) The proceeds of any annual special tax levied by the board of county commissioners for such fund.
4. Moneys deposited in a county hospital construction fund shall not revert to the county general fund at the end of any fiscal year, but no county hospital construction fund shall exist for a period longer than 10 years from the date of the order of its creation. Any moneys remaining in the county hospital construction fund at the end of the 10-year period shall revert to the county general fund.
5. Any moneys in the county hospital construction fund may, from time to time, be invested only in short-term United States Government bonds.
Sec. 42. (There is no section of this number.)
Sec. 43. NRS 281.150 is hereby amended to read as follows:
281.150 1. No department, board, commission, agency, officer or employee of the State of Nevada shall authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of the State of Nevada.
2. The provisions of this section shall not be construed to:
(a) Prevent the granting of sabbatical leaves by the board of regents of the University of Nevada; or
κ1963 Statutes of Nevada, Page 899 (CHAPTER 393, SB 104)κ
(b) Apply to the [state welfare department] welfare division of the department of health and welfare where all of the cost of educational leave stipends may be paid from federal funds made available through the Childrens Bureau or the Bureau of Public Assistance of the United States Department of Health, Education, and Welfare pursuant to the provisions of 42 U.S.C. sec. 906 or other federal law or regulation to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs. No person may be granted educational leave stipends under the provisions of this paragraph until such person has entered into a contract with the [state welfare department] welfare division whereby such person agrees to return to the employ of such [department] division on the basis of 1 year for each 9 months educational leave taken or to refund the amount of such stipends.
Sec. 44. NRS 281.210 is hereby amended to read as follows:
281.210. 1. Except as provided in this section, it shall be unlawful for any individual acting as a school trustee, state, township, municipal or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.
2. This section shall not be construed to apply:
(a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.
(c) To the wife of the warden of the Nevada state prison.
(d) To relatives of blind officers and employees of the [state welfare department] welfare division of the department of health and welfare when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section shall:
(a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. No person employed contrary to the provisions of this section shall be entitled to or allowed compensation for such employment.
5. Any person violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.
κ1963 Statutes of Nevada, Page 900 (CHAPTER 393, SB 104)κ
guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.
Sec. 45. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the State of Nevada shall be comprised of positions held by state officers or employees as follows:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in such department, agency or institution.
4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. Officers and employees of the Nevada legislature.
6. Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada, or any other state institution of learning, and student employees of such institutions; but custodial, clerical or maintenance employees of such institutions shall be in the classified service. The board of regents shall assist the director in carrying out the provisions of this chapter applicable to the University of Nevada.
7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.
9. Persons temporarily employed or designated by the legislature or by a legislative committee to make or conduct a special inquiry, investigation or examination.
10. Patient and inmate help in state charitable, penal, mental and correctional institutions.
11. Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative duties.
12. Such other officers and employees as are authorized by law to be employed in the unclassified service.
Sec. 46. NRS 310.100 is hereby amended to read as follows:
310.100 1. The sanitary board of every sewage, water or garbage disposal district created under the provisions of this chapter shall make a thorough and complete examination and investigation of such district or districts, and shall then select a scheme or plan for a system of sewers, water system or garbage disposal system which will be suitable and adequate for such district or districts for the present and future needs thereof. In connection with the foregoing, the board may employ such engineering, legal and other services as in its discretion are necessary in carrying out the object and purposes of this chapter.
κ1963 Statutes of Nevada, Page 901 (CHAPTER 393, SB 104)κ
2. When such comprehensive scheme or plan has been finally determined upon by the sanitary board, it shall be adopted by the board by resolution, and submitted to the county engineer or other engineer designated by the sanitary board of the county in which the district or districts are located and to the [state board of health.] health division of the department of health and welfare. The comprehensive scheme or plan must be approved in writing by such engineer and the [state board of] health division before being adopted by ordinance of the sanitary board, and then shall be adopted only after notice and public hearing in the same manner and for the same time as the notice provided for in NRS 310.030.
Sec. 47. NRS 313.525 is hereby amended to read as follows:
313.525 The [state board of] health division of the department of health and welfare shall make such studies and demonstrations as may be necessary to determine the areas of the state which have a high proportion of mosquito-borne diseases, including malaria and encephalitis.
Sec. 48. NRS 313.530 is hereby amended to read as follows:
313.530 The [state board of] health division of the department of health and welfare may enter into a cooperative agreement with any local district or other public agency engaged in the work of controlling mosquitoes or gnats, or mosquitoes and gnats, in such areas and under such terms, conditions and specifications as the [board] division may prescribe. Such agreement may provide for financial assistance on behalf of the state and for the doing of all or any portion of the necessary work by either of the contracting parties, except that in no event shall the [board] division agree that the states contribution shall exceed 50 percent of the total cost of any acceptable plan.
Sec. 49. NRS 318.170 is hereby amended to read as follows:
318.170 1. The board shall have the power to consult with the [state board of] health division of the department of health and welfare about any system or proposed system of drainage or sewage as to the best method of disposing of the districts drainage or sewage with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected thereby, and to submit to the [state board of] health division for its advice and approval the districts proposed system of drainage or sewage.
2. No district shall proceed to acquire or improve any system of water supply, drainage or sewage disposal without first obtaining the approval of the county board of health.
3. In this section the term drainage means rainfall, surface and subsoil water only, and sewage means domestic and industrial filth and waste.
Secs. 50 to 93, inclusive. (There are no sections of these numbers.)
Sec. 94. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 95 and 96 of this act.
Sec. 95. As used in this chapter, administrator means the state welfare administrator.
κ1963 Statutes of Nevada, Page 902 (CHAPTER 393, SB 104)κ
Sec. 96. As used in this chapter, welfare division means the welfare division of the department of health and welfare.
Sec. 97. NRS 422.030 is hereby amended to read as follows:
422.030 As used in this chapter, department means the [state welfare department.] department of health and welfare.
Sec. 98. NRS 422.040 is hereby amended to read as follows:
422.040 As used in this chapter, director means the [state welfare director.] director of the department of health and welfare.
Sec. 99. NRS 422.060 is hereby amended to read as follows:
422.060 [1. There is hereby created the state welfare department in which shall be vested the administration of the provisions of this chapter.
2. The state welfare department shall consist of:
(a) The state welfare board.
(b) The state welfare director.
(c) Such officers and employees as the director, with the approval of the board, may appoint.] The administrator and the welfare division shall administer the provisions of this chapter, subject to administrative supervision by the director.
Sec. 100. NRS 422.070 is hereby amended to read as follows:
422.070 There is hereby created in the [state] welfare [department] division a bipartisan state welfare board composed of seven members appointed by the governor. Not more than four of such members shall be members of the same political party.
Sec. 101. NRS 422.080 is hereby amended to read as follows:
422.080 The members of the board shall be selected on the basis of their recognized interest in and knowledge of the field of public welfare, and so selected on the geographic basis as to give statewide representation. Not more than two members shall be residents of the same county.
Sec. 102. NRS 422.090 is hereby amended to read as follows:
422.090 1. The terms of office of the members of the board shall be 4 years.
2. No member of the board may serve more than two consecutive terms.
Sec. 103. NRS 422.110 is hereby amended to read as follows:
422.110 1. The members of the board shall meet at such times and at such places as they shall deem necessary, but a meeting of the board shall be held at least once each month.
2. Four members of the board shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the board.
3. The board shall keep minutes of the transactions of each board session, regular or special, which shall be public records and filed with the [department] welfare division.
Sec. 104. NRS 422.120 is hereby amended to read as follows:
422.120 1. At the first meeting subsequent to the appointment of any new member, the board shall proceed to organize by electing one of its members as chairman.
κ1963 Statutes of Nevada, Page 903 (CHAPTER 393, SB 104)κ
2. The [state welfare director] administrator shall act as the nonvoting recording secretary.
Sec. 105. NRS 422.140 is hereby amended to read as follows:
422.140 1. The board shall have only such powers and duties as may be authorized by law.
2. The board is hereby invested with all [the] nonadministrative duties, powers, purposes, responsibilities and jurisdiction under this chapter unless otherwise expressly provided for.
3. The board shall:
(a) Prescribe rules and regulations for its own management and government.
(b) Formulate policies and establish rules and regulations for administration of the programs for which the [department] welfare division is responsible.
(c) Advise and make recommendations to the [governor] director or the legislature relative to the public welfare policy of the state.
Sec. 106. NRS 422.160 is hereby amended to read as follows:
422.160 The [state welfare director] administrator shall:
1. Be selected on the basis of his training, experience, capacity and interest in public welfare services.
2. Be a graduate in public or business administration from an accredited college or university.
3. Have had not less than 3 years demonstrated successful experience in public welfare administration, with responsibility for general direction and determination of a policy of a general assistance and social service program, or any equivalent combination of training and experience.
4. Possess qualities of leadership in the field of human welfare and health.
Sec. 107. NRS 422.180 is hereby amended to read as follows:
422.180 The [state welfare director] administrator shall:
1. Serve as the executive officer of the [state] welfare [department.] division.
2. Administer all activities and services of the [department] welfare division in accordance with the policies, standards, rules and regulations established by the state welfare board [.] , subject to administrative supervision by the director.
3. Be held responsible for the management of the [department.] welfare division.
Sec. 108. NRS 422.190 is hereby amended to read as follows:
422.190 The [state welfare director] administrator shall have the following powers and duties;
1. To make such reports, subject to approval by the director, as will comply with the requirements of federal legislation and with the provisions of this chapter.
2. To make reports to the state welfare board.
3. To make a biennial report to the [governor] director of the condition, operation and functioning of the [department.] welfare division.
κ1963 Statutes of Nevada, Page 904 (CHAPTER 393, SB 104)κ
Sec. 109. NRS 422.200 is hereby amended to read as follows:
422.200 The [state welfare director] administrator shall have the following powers and duties:
1. To be responsible for and to supervise the fiscal affairs and responsibilities of the [department.] welfare division, subject to administrative supervision by the director.
2. To present the biennial budget of the [department] welfare division to the legislature in conjunction with the director of the budget.
3. To allocate, with the approval of the state welfare board, in the interest of efficiency and economy, the states appropriation for administration of the separate programs for which the [department] welfare division is responsible [.] , subject to administrative supervision by the director.
4. To provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within the city limits of any town or municipality within the State of Nevada, at the rate provided for in NRS 281.160 is traveled by the workers private conveyance.
Sec. 110. NRS 422.210 is hereby amended to read as follows:
422.210 The [state welfare director] administrator shall have the following powers and duties:
1. To establish, consolidate and abolish [divisions] sections within the [department.] welfare division.
2. To organize the [department] welfare division so as to comply with the requirements of this chapter and with the standards required by federal legislation [.] , subject to approval by the director.
3. To appoint the heads of the [divisions] sections of the [department.] welfare division.
4. To employ such assistants and employees as may be necessary to the efficient operation of the [department] welfare division in accordance with the provisions of [a merit system of personnel management, and to promulgate in connection therewith a classification and compensation plan.] chapter 284 of NRS.
5. To set standards of service.
Sec. 111. NRS 422.220 is hereby amended to read as follows:
422.220 The [state welfare] director shall have the power to sign and execute, in the name of the state, by [The State Welfare Department,] The Department of Health and Welfare, any contract for agreement with the Federal Government or its agencies.
Sec. 112. NRS 422.230 is hereby amended to read as follows:
422.230 The [state welfare director] administrator shall have the following powers and duties:
1. To supply the [legislature] director with material on which to base proposed legislation.
2. To cooperate with the Federal Government and state government for the more effective attainment of the purposes of this chapter.
3. To coordinate the activities of the [department] welfare division with other agencies, both public and private, with related or similar activities.
κ1963 Statutes of Nevada, Page 905 (CHAPTER 393, SB 104)κ
4. To keep a complete and accurate record of all proceedings, record and file all bonds or contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the [department,] welfare division, and to give other information which will acquaint the public with welfare problems.
6. To conduct studies into the causes of the social problems with which the [department] welfare division is concerned.
7. To provide leadership in the community in order that all welfare activities shall be pointed toward the single goal of improving the public welfare.
8. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of this chapter.
9. To exercise any other powers necessary and proper for the standardization of state work, to expedite business, to assure fair consideration of applications for aid, and to promote the efficiency of the service.
Sec. 113. NRS 422.250 is hereby amended to read as follows:
422.250 1. The [state] welfare [department] division is authorized to accept gifts or bequests of funds or property to the [state] welfare [department] division or to the State of Nevada for welfare purposes.
2. Such gifts or bequests shall be deposited in the state treasury in a fund to be known as the state welfare gift fund. The state welfare gift fund shall be a continuing fund without reversion, and money in the fund shall be used for welfare purposes only and expended in accordance with the terms of the gift or bequest.
Sec. 114. NRS 422.260 is hereby amended to read as follows:
422.260 1. The State of Nevada assents to the purposes of the Act of Congress of the United States entitled the Social Security Act, approved August 14, 1935, and assents to such additional federal legislation as is not inconsistent with the purposes of this chapter.
2. The State of Nevada further accepts the appropriations of money by Congress in pursuance of the Social Security Act and authorizes the receipt of such money into the state treasury for the use of the [state welfare] department in accordance with this chapter and the conditions imposed by the Social Security Act.
Sec. 115. NRS 422.270 is hereby amended to read as follows:
422.270 The [state welfare department] director, through the welfare division, shall:
1. Administer all public welfare programs of this state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state and vested in the [department.] welfare division.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in subsection 1.
κ1963 Statutes of Nevada, Page 906 (CHAPTER 393, SB 104)κ
granted to the state to aid in the furtherance of any services and activities as set forth in subsection 1.
3. Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.
4. Conduct research, compile statistics on public welfare, determine welfare needs and make recommendations for meeting such needs.
5. Cooperate with the Federal Government in adopting state plans, and in all matters of mutual concern, including adoption of such methods of administration as my be found by the Federal Government to be necessary for the efficient operation of welfare programs.
6. Make all investigations required by a court in adoption proceedings as provided by law.
7. Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
8. Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
9. Cooperate and advise with the state welfare board and the superintendent of the Nevada state childrens home in such matters as may be referred to the [state] welfare [department] division by the state welfare board or the superintendent of the Nevada state childrens home.
10. Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.
Sec. 116. NRS 422.280 is hereby amended to read as follows:
422.280 In order to secure accuracy, uniformity and completeness in statistics and information, the [state] welfare [department] division may prescribe forms of reports and records to be kept by all persons, associations or institutions, subject to its supervision or investigation, and each such person, association or institution shall keep such records and render such reports in conformity to the form so prescribed.
Sec. 117. NRS 422.290 is hereby amended to read as follows:
422.290 1. For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of public assistance or child welfare services to purposes directly connected to the administration of this chapter by the [state] welfare [department,] division, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the [department] welfare division is authorized, empowered and directed to establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, files and communications filed with the [department.] welfare division.
2. Wherever, under provisions of law or regulations of the [department,] welfare division, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be bound by the rules and regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of the [state] welfare [department.]
κ1963 Statutes of Nevada, Page 907 (CHAPTER 393, SB 104)κ
thereof or their use for purposes not directly connected with the administration of the [state] welfare [department.] division.
3. Except for purposes directly connected with the administration of this chapter, no person may publish, disclose, use or permit or cause to be published, disclosed, or used any confidential information pertaining to a recipient of assistance under the provisions of this chapter.
Sec. 118. NRS 422.300 is hereby amended to read as follows:
422.300 1. In counties where it is deemed advisable, the [state welfare director,] administrator, with the approval of the state welfare board, may establish county advisory boards.
2. Each county advisor board shall consist of three persons, one of whom must be a member of the board of county commissioners appointed by the [state welfare director] administrator upon the recommendation of the board of county commissioners.
3. A county advisory board shall advise with the [state] welfare [department] division on local welfare matters.
Sec. 119. NRS 422.310 is hereby amended to read as follows:
422.310 1. The husband, wife, father, mother, and children of an applicant for or recipient of public assistance, if of sufficient financial ability so to do, are liable for the support of such applicant or recipient.
2. The [state] welfare [department] division shall investigate the ability of responsible relatives to contribute to the support of an applicant for or recipient of public assistance and shall determine the amount of such support for which such relative is responsible.
3. In determining the amount of support for which such relative is responsible, his financial circumstances shall be given due consideration.
4. A married daughter of the applicant shall not be required to make contributions unless she has income constituting her separate property.
Sec. 120. NRS 422.340 is hereby amended to read as follows:
422.340 The [department] welfare division shall advise the attorney general of the failure of a responsible relative to contribute to the support of a recipient of public assistance as required by law. The attorney general shall cause appropriate legal action to be taken to enforce such support, and in addition may collect a reasonable fee which shall be added to the costs of the action in any justices court of the state, the expense of such fee and costs to be borne by the relative. Any fees collected by the attorney general under the provisions of this section shall be deposited in the general fund in the state treasury.
Sec. 121. NRS 423.010 is hereby amended to read as follows:
423.010 As used in this chapter:
1. Board means the state welfare board.
2. Department means the [state welfare department.] department of health and welfare.
3. Director means the [state welfare director.] director of the department of health and welfare.
κ1963 Statutes of Nevada, Page 908 (CHAPTER 393, SB 104)κ
4. Superintendent means the superintendent of the Nevada state childrens home.
Sec. 122. NRS 423.030 is hereby amended to read as follows:
423.030 [1. It is the intent of the legislature that:
(a) The Nevada state childrens home shall become an agency of the state welfare board and shall be on an equal basis and footing with the old-age assistance and child welfare divisions.
(b) The superintendent of the Nevada state childrens home and the state welfare director shall serve on an equal footing and shall coordinate the work on their departments through the state welfare board.
2. The legislature further expresses its desire that the cooperative efforts of these agencies, by and through the superintendent and the director, shall work to the benefit of the public welfare of the State of Nevada.] The superintendent and the childrens home division of the department of health and welfare shall administer the provisions of this chapter pursuant to the policies established by the state welfare board and subject to administrative supervision by the director.
Sec. 123. NRS 423.050 is hereby amended to read as follows:
423.050 [1. The state welfare board shall select a superintendent of the Nevada state childrens home, who shall serve at the pleasure of the state welfare board.
2.] The superintendent shall be selected on the basis of training, experience, capacity and interest in child welfare. [, and shall be in the unclassified service of the state.]
Sec. 124. NRS 423.065 is hereby amended to read as follows:
423.065 1. [In addition to the salary provided by NRS 423.060, the] The superintendent shall be entitled to:
(a) The use of a residence on the grounds of or near the Nevada state childrens home, which shall be maintained by the state. The superintendent shall reside at such residence.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the Nevada state childrens home without charge when supervising personnel or children.
2. Any furnishings or appliances in use in the residence of the superintendent on July 1, 1960, may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
3. The superintendent shall receive no perquisites except those provided for in this section.
Sec. 125. NRS 423.100 is hereby amended to read as follows:
423.100 The superintendent shall:
1. Make an annual report to the [governor] director of the condition, operation and function of the Nevada state childrens home.
2. Make reports to the state welfare board.
Sec. 126. NRS 424.020 is hereby amended to read as follows:
424.020 1. The [state] welfare [department,] division of the department of health and welfare, in cooperation with the state board of health, shall:
κ1963 Statutes of Nevada, Page 909 (CHAPTER 393, SB 104)κ
department of health and welfare, in cooperation with the state board of health, shall:
(a) Establish reasonable minimum standards for foster homes.
(b) Prescribe rules for the regulation of foster homes.
2. All licensed foster homes must conform to the standards established and the rules prescribed in subsection 1.
Sec. 127. NRS 424.030 is hereby amended to read as follows:
424.030 1. No person shall conduct a foster home as defined in NRS 424.010 without receiving an annual license to do so from the [state] welfare [department.] division of the department of health and welfare.
2. No license shall be issued to a foster home until an investigation of the home and its standards of care has been made by the [state] welfare [department.] division.
3. Any foster home that conforms to the established standards of care and prescribed rules shall receive a license from the [state] welfare [department,] division, which shall be in force for 1 year from the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.
4. The license shall show:
(a) The name of the persons licensed to conduct the foster home.
(b) The exact location of the foster home.
(c) The number of children that may be received and cared for at one time.
5. No foster home can receive for care more children than are specified in the license.
Sec. 128. NRS 424.040 is hereby amended to read as follows:
424.040 The [division] section of child welfare services of the [state] welfare [department,] division of the department of health and welfare, or its authorized agent, shall visit every licensed foster home as often as is necessary to assure that proper care is given to the children.
Sec. 129. NRS 424.050 is hereby amended to read as follows:
424.050 Whenever the [state] welfare [department] division of the department of health and welfare shall be advised or shall have reason to believe that any person is conducting or maintaining a foster home for children without a license, as required by this chapter, the [state] welfare [department] division shall have an investigation made. If the person is conducting a foster home, the [state] welfare [department] division shall either issue a license or take action to prevent continued operation of the foster home.
Sec. 130. NRS 424.060 is hereby amended to read as follows:
424.060 If at any time the [division] section of child welfare services of the [state] welfare [department] division of the department of health and welfare shall find that a child in a foster home is subject to undesirable influence or lacks proper or wise care and management, the [division of child welfare services] section shall notify any agency or institution that has placed the child in the home to remove the child from the home. If the child is in a foster home where he has been placed by his parents, relatives or other persons independently of an agency, the [division of child welfare services] section shall take necessary action to remove the child and arrange for his care.
κ1963 Statutes of Nevada, Page 910 (CHAPTER 393, SB 104)κ
independently of an agency, the [division of child welfare services] section shall take necessary action to remove the child and arrange for his care.
Sec. 131. NRS 424.070 is hereby amended to read as follows:
424.070 No person other than the parents or guardian of a child and no agency or institution in this state or from any other state may place any child in the control or care of any person, or place such child for adoption, without sending notice of the pending placement and receiving approval of the placement from the [state] welfare [department.] division of the department of health and welfare.
Sec. 132. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to a dependent child or children, and with respect to the parent or other relative caring for the child or children.
3. Board means the state welfare board.
4. Department means the [state welfare department.] department of health and welfare.
5. Dependent child means a needy child under the age of 16 years, or under the age of 18 years if found by the department to be regularly attending school, and obtaining a passing grade in his studies, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place or residence maintained by one or more of such relatives as his or their own home.
6. Director means the director of the department of health and welfare.
7. Recipient means any person who has received or is receiving assistance.
8. Welfare division means the welfare division of the department of health and welfare.
Sec. 133. NRS 425.070 is hereby amended to read as follows:
425.070 Assistance shall not be denied to, or on behalf of, any child or needy relative by reason of his or their ownership of real property of a reasonable value occupied by such child or needy relative as a home. The [department] welfare division shall, in determining reasonable value, take into consideration the assessed value of the property, the basis for assessment, any encumbrances on the property, and the economic and other circumstances of the child and needy individual.
Sec. 134. NRS 425.080 is hereby amended to read as follows:
425.080 1. No assistance under this chapter shall be granted or paid to any dependent child who owns, or whose needy relative owns, personal property or marketable non-income-producing real property, the combined cash value of which exceeds $500 at the time application for assistance is made, or while in receipt of such assistance. For each additional dependent child in the same home or in the same family, the $500 limitation herein described may be increased by $150.
κ1963 Statutes of Nevada, Page 911 (CHAPTER 393, SB 104)κ
additional dependent child in the same home or in the same family, the $500 limitation herein described may be increased by $150.
2. For the purposes of this chapter, personal property shall not include clothing, furniture, household equipment, foodstuffs and means of transportation found by the [department] welfare division to be essential for the well-being of the child or his needy relative.
Sec. 135. NRS 425.090 is hereby amended to read as follows:
425.090 Whenever the [department] welfare division shall receive an application for assistance, an investigation and record of the circumstances shall be made promptly in order to ascertain the dependency of the child and the facts supporting the application.
Sec. 136. NRS 425.100 is hereby amended to read as follows:
425.100 1. If, after investigation, the child is determined to be eligible, the [department] welfare division shall determine the amount of assistance, and assistance shall be furnished the child without delay. Written notice of the decision and of the applicants right of appeal therefrom shall be mailed promptly to the applicant.
2. The amount of assistance granted for any dependent child shall be determined by the [department] welfare division with due regard to the resources and necessary expenditures of the family and the conditions existing in each case and in accordance with the rules and regulations made by the [department,] welfare division, and shall be sufficient, when added to all other income and support available to the child, to provide the child with a reasonable subsistence compatible with decency and health. Taking into account all other available income and resources, the amount of income reasonably necessary for an eligible adult relative providing care for a dependent child is hereby determined and designated as not less than $30 a month; for the first child, not less than $30 a month, and for each additional child, not less than $21 a month.
Sec. 137. NRS 425.110 is hereby amended to read as follows:
425.110 All grants of assistance made under this chapter shall be reconsidered by the [department] welfare division as frequently as may be required by the rules of the [department.] welfare division. After such further investigation as the [department] welfare division may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the [department] welfare division finds that the circumstances have altered sufficiently to warrant such action.
Sec. 138. NRS 425.120 is hereby amended to read as follows:
425.120 1. If an application is not acted upon by the [department] welfare division within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of assistance is modified or canceled, under any provision of this chapter, the applicant or recipient may appeal to the board from the decision of the [department.] welfare division.
2. The appeal shall be taken in the manner and within the time prescribed by the board, and the board shall establish rules and regulations providing that on receipt of such an appeal the applicant or recipient shall be given reasonable notice and an opportunity for a fair hearing.
κ1963 Statutes of Nevada, Page 912 (CHAPTER 393, SB 104)κ
3. All decisions of the board made on appeal shall be final.
Sec. 139. NRS 425.200 is hereby amended to read as follows:
425.200 1. The [director of the department] state welfare administrator shall furnish to the state controller and the state treasurer a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the [director of the department] state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the fund payable to each recipient in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall deliver all warrants to the [department] welfare division and the [department] welfare division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto.
4. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund in the state treasury shall be open to inspection and subject to audit by officers and agents of the United States.
Sec. 140. NRS 425.220 is hereby amended to read as follows:
425.220 1. If, at any time during the continuance of any assistance granted under this chapter, the [department] welfare division finds that any father, mother, adoptive father or adoptive mother of any child receiving assistance is reasonably able to contribute to the necessary care and support of such recipient without undue hardship to himself or his immediate family and such person so able to contribute to the care and support of such recipient fails or refuses to contribute according to his ability to the care and support of such recipient, then, after notice to such person, there shall exist a cause of action against that person for such amount of assistance furnished under this chapter subsequent to such notice, or such part thereof as that person is reasonably able to pay.
2. The action may be ordered by the [department] welfare division and shall be brought in the name of the state by the attorney general for the recovery of such amount of assistance granted after such notice, as hereinbefore provided, together with the costs and disbursements of such action.
3. The liability of a father, mother, adoptive father or adoptive mother to contribute to the support of a recipient of assistance established by this chapter shall not be grounds for denying or discontinuing assistance to any person.
Sec. 141. NRS 425.040 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 913 (CHAPTER 393, SB 104)κ
425.040 The department, through the welfare division, shall:
1. Administer assistance to dependent children under this chapter.
2. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter.
3. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to dependent children, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
4. Make such reports in such form and containing such information as the Secretary of Health, Education, and Welfare from time to time requires, and shall comply with such provisions as the secretary from time to time finds necessary to assure correctness and verification of such reports.
Sec. 142. NRS 425.050 is hereby amended to read as follows:
425.050 Application on behalf of a child for assistance under this chapter shall be made to the [department.] welfare division. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the [department,] welfare division, and shall contain such information as may be required by the application form.
Sec. 143. NRS 425.150 is hereby amended to read as follows:
425.150 Whenever assistance has been granted to a dependent child who has been deserted or abandoned by a parent, the [department] welfare division shall immediately notify the district attorney of the county, or, if the district attorney is not the appropriate official, the Superintendent of the Nevada Indian Agency or the Indian Service Special Officer, that such assistance has been granted.
Sec. 144. NRS 425.170 is hereby amended to read as follows:
425.170 1. Funds to pay for the states participation in assistance to dependent children under this chapter shall be provided by direct legislative appropriation from the general fund. The appropriation shall be sufficient to pay the nonfederal share of assistance payments.
2. All moneys appropriated by the legislature in accordance with the provisions of subsection 1 shall be placed in the state treasury in a fund to be designated the state aid to dependent children fund, out of which the states portion of the assistance to dependent children provided for in this chapter shall be paid upon warrants drawn by the state controller and paid by the state treasurer.
3. Administrative expenses shall be paid out of funds appropriated by the legislature from the general fund and out of such other moneys as may from time to time be made available to the [department] welfare division for the payment of administrative expenses. The money appropriated by the legislature shall be deposited in the state welfare fund of the state treasury, and disbursements shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the [director of the department] state welfare administrator before they are paid.
Sec. 145. NRS 426.090 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 914 (CHAPTER 393, SB 104)κ
426.090 The [state] welfare [department] division of the department of health and welfare shall aid blind persons as provided in NRS 426.010 to 426.500, inclusive.
Sec. 146. NRS 426.115 is hereby amended to read as follows:
426.115 1. The aid to the blind medical and remedial care fund is hereby created in the state treasury. There shall be deposited in the fund:
(a) Moneys allocated by the [state] welfare [board] division of the department of health and welfare for the purpose of providing medical care or any type of remedial care to recipients from moneys made available to the state by the Federal Government for aid to the blind; and
(b) Moneys made available by the state for the purpose of providing medical care or any type of remedial care to recipients.
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The board may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The [department] welfare division may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the [department] welfare division and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the [department,] welfare division, and payment shall be made as other claims against the state are paid.
Sec. 147. NRS 426.120 is hereby amended to read as follows:
426.120 1. The [director of the] state welfare [department] administrator shall furnish to the state controller and the state treasurer a full, true and correct list of recipients of this state entitled to aid to the blind, and of the monthly amount to be paid to each of them, which list is subject to revision by the [director of the] state welfare [department] administrator to make it conform to such changes as may be duly made pursuant to the terms of NRS 426.010 to 426.500, inclusive.
2. The state controller shall promptly, upon receiving such certified list, draw his warrant upon the aid to the blind fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to such certified list, and the state treasurer shall pay the same.
3. Every such warrant shall be for the total amount of federal and state funds to which each such recipient is entitled under the provisions of NRS 426.010 to 426.500, inclusive.
4. The state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, deliver all such warrants to the [state welfare department,] welfare division of the department of health and welfare, and the [department] welfare division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto as determined by the [department.]
κ1963 Statutes of Nevada, Page 915 (CHAPTER 393, SB 104)κ
division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto as determined by the [department.] welfare division.
Sec. 148. NRS 426.130 is hereby amended to read as follows:
426.130 1. The [state welfare] department of health and welfare, through the welfare division, shall:
(a) Prepare a state plan for aid to the blind consistent with the provisions of NRS 426.010 to 426.500, inclusive; and
(b) Without delay submit such plan to the Federal Government for the purpose of securing approval of such plan for federal grants-in-aid to this state for aid to the blind.
2. The state plan for aid to the blind so submitted, and as it may from time to time be amended, shall be a public document available during regular business hours to all interested persons.
Sec. 149. NRS 426.300 is hereby amended to read as follows:
426.300 1. The [state] welfare [department] division of the department of health and welfare may provide for treatment or operations to prevent blindness, or restore vision to applicants for, or recipients of, services to the blind who request and make written application for such treatment or operation, and who meet all the requirements relating to economic need for aid to the blind.
2. The [state] welfare [department] division shall pay for all necessary expenses incurred in connection with the diagnosis and treatment. Necessary expenses shall include the costs of guide service, maintenance while the patient is away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.
3. The residence requirements of NRS 426.140 shall apply to applicants for treatment or operation under the provisions of this section.
Sec. 150. NRS 426.310 is hereby amended to read as follows:
426.310 1. The provisions of NRS 426.010 to 426.500, inclusive, shall be administered by the [state welfare department.] department of health and welfare through the welfare division.
2. The [state] welfare [department] division shall have power to make administrative rules and regulations to enforce the provisions of NRS 426.010 to 426.500, inclusive, which rules and regulations shall not conflict with the provisions of NRS 426.010 to 426.500, inclusive.
3. Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other classes of aid recipients. All rules and regulations pertaining to the provisions of NRS 426.010 to 426.500, inclusive, shall be promulgated and construed separate and apart from other rules and regulations made by the [department] welfare division. Copies of such rules and regulations, together with this chapter establishing aid to the blind, shall be given to all applicants and recipients and shall be made available without charge to members of the public.
Sec. 151. NRS 426.320 is hereby amended to read as follows:
426.320 1. There may be created within the existing organization and number of personnel of the [state welfare department a division] welfare division of the department of health and welfare a section for the blind devoted exclusively to carrying out the provisions of NRS 426.010 to 426.500, inclusive, and all other provisions of law relating to aid to the blind.
κ1963 Statutes of Nevada, Page 916 (CHAPTER 393, SB 104)κ
and number of personnel of the [state welfare department a division] welfare division of the department of health and welfare a section for the blind devoted exclusively to carrying out the provisions of NRS 426.010 to 426.500, inclusive, and all other provisions of law relating to aid to the blind. This [division] section may be headed by a [chief,] supervisor, who is a trained social worker experienced in work for the blind. In selecting the [chief of the division for the blind,] supervisor, preference shall be given to qualified blind persons. The duties of such [division] section shall be confined to carrying out the provisions of NRS 426.010 to 426.500, inclusive. The [division] section for the blind shall not be made a part of any other [division or subdivision of the state welfare department, and the chief of the division] section or subdivision of the welfare division, and the supervisor of the section for the blind shall be directly responsible to the [director of the department.] state welfare administrator.
2. The [division] section for the blind shall have assigned to it from among the regular number of personnel of the [state] welfare [department] division a staff to supervise the administration of aid to the blind, and all employees of the [division] section shall be responsible to the [chief of the division] supervisor of the section for the blind irrespective of their headquarters.
3. In each local office of the [state] welfare [department,] division, one person shall be assigned additional duties to administer all aid to the blind cases.
4. All personnel appointed by the [state] welfare [department] division to administer the provisions of NRS 426.010 to 426.500, inclusive, shall be under the provisions of chapter 284 of NRS.
Sec. 152. NRS 426.330 is hereby amended to read as follows:
426.330 1. If at any time the [state] welfare [department] division of the department of health and welfare has reason to believe that aid to the blind has been obtained improperly, it shall cause special inquiry to be made and may suspend payments for any installment pending the inquiry.
2. If it appears, upon the inquiry, that the aid has been obtained improperly, it shall be canceled by the [department,] welfare division, and if it appears that aid was obtained properly, the suspended payment shall be payable.
3. Any person dissatisfied with the action of the [department] welfare division in suspending or canceling aid may appeal to the [department] welfare division and upon such appeal shall be granted an opportunity for a fair hearing.
Sec. 153. NRS 426.350 is hereby amended to read as follows:
426.350 Information with respect to any individual claiming aid to the blind shall not be disclosed by the [state] welfare [department] division of the department of health and welfare or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.010 to 426.500, inclusive.
Sec. 154. NRS 426.360 is hereby amended to read as follows:
426.360 All papers and records pertaining to his case on file in the [state] welfare [department] division of the department of health and welfare or elsewhere shall be open to inspection at any time during business hours by the applicant or recipient or his attorney or agent.
κ1963 Statutes of Nevada, Page 917 (CHAPTER 393, SB 104)κ
and welfare or elsewhere shall be open to inspection at any time during business hours by the applicant or recipient or his attorney or agent.
Sec. 155. NRS 426.370 is hereby amended to read as follows:
426.370 Immediately upon request therefor, the [state] welfare [department] division for the department of health and welfare shall, without charge, mail application blanks for aid to the blind to any person in the state.
Sec. 156. NRS 426.380 is hereby amended to read as follows:
426.380 1. Each applicant for aid shall file with the [state] welfare [department] division for the department of health and welfare an application signed by him, stating, if known:
(a) His age.
(b) His sex.
(c) Places of his residence during the preceding 5 years.
(d) His financial resources and income.
(e) The name and address of his spouse.
(f) The degree of his blindness.
(g) Where and when be became blind.
(h) What employment and education he has had.
(i) His general physical condition.
(j) Such other data as is necessary to establish his eligibility for aid to the blind.
2. The applicants statements in his application shall constitute prima facie evidence of the facts stated, except with respect to degree of blindness and residence.
3. Written statements of information herein required from applicants for or recipients of aid to the blind need not be under oath, but any person signing such statements who willfully states therein as true any material matter which he knows to be false shall be subject to penalties for perjury as provided by law.
4. This section shall not be interpreted to preclude an investigation by the [state] welfare [department.] division.
Sec. 157. NRS 426.390 is hereby amended to read as follows:
426.390 1. All applications for aid to the blind shall be acted upon promptly by the [state] welfare [department,] division of the department of health and welfare, and the aid, if granted, shall be payable as of the 1st day of the month in which the 30th day following the date of application occurs.
2. If the investigation of an application is not completed within 30 days from the date of the application, the investigation shall continue until completed, and if eligibility is established, aid shall begin as of the 1st day of the month in which the end of the 30-day period occurred.
3. The [state] welfare [department] division shall immediately inform the applicant in writing of its decision, and if the aid or any part of the aid requested by the applicant is denied, such notification shall state in particular the grounds for the denial.
Sec. 158. NRS 426.410 is hereby amended to read as follows:
426.410 1. The [state] welfare [department] division of the department of health and welfare shall not grant any certificate of qualification for aid under the provisions of NRS 426.010 to 426.500, inclusive, until it has been satisfied that the applicant is entitled to such aid by such evidence as is acceptable to the [department] welfare division that he has the required residential qualifications; and by the evidence of a duly licensed and practicing physician skilled in the diseases of the eye or of a duly licensed and practicing optometrist that the applicant is blind.
κ1963 Statutes of Nevada, Page 918 (CHAPTER 393, SB 104)κ
qualification for aid under the provisions of NRS 426.010 to 426.500, inclusive, until it has been satisfied that the applicant is entitled to such aid by such evidence as is acceptable to the [department] welfare division that he has the required residential qualifications; and by the evidence of a duly licensed and practicing physician skilled in the diseases of the eye or of a duly licensed and practicing optometrist that the applicant is blind.
2. Such physician or optometrist shall describe the condition of the applicants eyes and testify to the degree of his blindness.
3. The cost of such examination shall be paid entirely by the [department] welfare division in the same manner as other expenses of the [department] welfare division are paid.
4. The [department] welfare division shall make rules and regulations to prescribe the qualifications, number and geographical distribution of such physicians and optometrists as are necessary to carry out the eye examinations provided under NRS 426.010 to 426.500, inclusive.
Sec. 159. NRS 426.420 is hereby amended to read as follows:
426.420 1. If the [state] welfare [department] division of the department of health and welfare is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.
2. The individual needs of each person claiming aid to the blind shall be presumed and deemed to be not less than $100 per month. The amount of aid to which any claimant shall be entitled shall be, when added to the income (including the value of currently used resources, but excepting casual income and inconsequential resources) of the claimant from all other sources, $100 per month. If, however, in any case it is found the actual need of a clamant exceeds $100 per month, such claimant shall be entitled to receive aid in an amount which shall meet such actual need, unless the amount of aid he is otherwise entitled to receive when added to his income (including the value of currently used resources, but excepting casual income and inconsequential resources) from all other sources, shall equal his actual need.
3. The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
Sec. 160. NRS 426.440 is hereby amended to read as follows:
426.440 1. Only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed income available to the applicant or recipient for his support.
2. No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient except in the case of the parent of a minor child applying for, or receiving, aid to the blind.
3. The [state] welfare [department] division of the department of health and welfare shall advise the attorney general of the failure of a responsible parent to contribute to the support of a minor child applying for, or receiving, aid to the blind, and the attorney general shall cause appropriate legal action to be taken to enforce such support.
κ1963 Statutes of Nevada, Page 919 (CHAPTER 393, SB 104)κ
general shall cause appropriate legal action to be taken to enforce such support.
Sec. 161. NRS 426.450 is hereby amended to read as follows:
426.450 1. If any applicant for or recipient of aid to the blind is dissatisfied with any action taken by or failure to act on the part of the [state] welfare [department] division of the department of health and welfare in respect to his case, he shall have the right of appeal to the [state] welfare [department] division and the right to be represented in such appeal by his counsel or agent.
2. The [department] welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the [department] welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the [department,] welfare division, a copy of which shall be certified as correct by the [director of the state welfare department] state welfare administrator and filed by the [department] welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the [department,] welfare division, or, if it concludes that the findings of the [department] welfare division are not supported by evidence or that the [departments] welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the [department] welfare division for further proceedings in conformity with the decision of the court.
Sec. 162. NRS 426.470 is hereby amended to read as follows:
426.470 The [state] welfare [department] division of the department of health and welfare shall make such reports in such form and containing such information as the Federal Government may from time to time require, and shall comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports.
Sec. 163. NRS 426.480 is hereby amended to read as follows:
426.480 The [state] welfare [department] division of the department of health and welfare may, in its discretion, authorize the destruction or disposition of the case history, or any part thereof, of any recipient of aid to the blind who has not received aid for in excess of 5 years prior thereto.
Sec. 164. NRS 426.490 is hereby amended to read as follows:
426.490 Whenever it has been shown that moneys collected from recipients in repayment of aid granted under NRS 426.010 to 426.500, inclusive, have been collected erroneously by the [state] welfare [department,] division of the department of health and welfare, because of mistake of law or fact, refunds shall be made to recipients and such refunds shall be recorded in the [departments] welfare divisions reports to the Federal Government.
κ1963 Statutes of Nevada, Page 920 (CHAPTER 393, SB 104)κ
Sec. 165. NRS 426.520 is hereby amended to read as follows:
426.520 As used in NRS 426.520 to 426.620, inclusive, unless the context otherwise requires:
1. Blind persons means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Bureau means the state bureau of services to the blind.
3. [Department means the state welfare department.] Welfare division means the welfare division of the department of health and welfare.
Sec. 166. NRS 426.530 is hereby amended to read as follows:
426.530 1. There is hereby created within the [department] welfare division a position of field worker for the blind. The field worker shall assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
2. Preference shall be given to qualified blind persons in filling the position of field worker for the blind.
Sec. 167. NRS 426.550 is hereby amended to read as follows:
426.550 1. There is hereby created within the [department] welfare division a bureau of services to the blind, which shall be the sole agency in the state responsible for the rehabilitation of the blind.
2. The bureau shall be headed by a [chief,] supervisor who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of [chief] supervisor of the bureau. The duties of such bureau shall be confined to carrying out the provisions of NRS 426.540 to 426.620, inclusive.
3. The bureau shall not be made a part of any other [division] section or subdivision of the [department, and the chief] welfare division, and the supervisor of the bureau of services to the blind shall be directly responsible to the [director of the department.] state welfare administrator.
4. All personnel appointed by the [department] welfare division to administer the provisions of NRS 426.520 to 426.620, inclusive, shall receive salaries which shall be fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS, and they shall receive subsistence and travel expense as provided by law.
Sec. 168. NRS 426.560 is hereby amended to read as follows:
426.560 1. Subject to the approval of the [department,] welfare division, the bureau shall have the power to make administrative rules and regulations to enforce the provisions of NRS 426.540 to 426.620, inclusive, which rules and regulations shall not conflict with the provisions of NRS 426.540 to 426.620, inclusive.
2. Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.
κ1963 Statutes of Nevada, Page 921 (CHAPTER 393, SB 104)κ
problems of blind persons are special to them and may differ materially from the needs and problems of other persons.
Sec. 169. NRS 426.570 is hereby amended to read as follows:
426.570 1. All employees of the bureau shall be directly responsible to the [chief] supervisor of the bureau.
2. Such employees shall consist of persons skilled in assisting blind persons to achieve social and economic independence.
Sec. 170. NRS 426.610 is hereby amended to read as follows:
426.610 1. If any applicant for or recipient of services to the blind is dissatisfied with any action taken by, or failure to act on the part of, the bureau of the [department] welfare division in respect to his case, he shall have the right of appeal to the [department] welfare division and the right to be represented in such appeal by his counsel or agent.
2. The [department] welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the [department] welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the [department,] welfare division, a copy of which shall be certified as correct by the [director of the department] state welfare administrator and filed by the [department] welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the [department,] welfare division, or, if it concludes that the findings of the [department] welfare division are not supported by evidence or that the [departments] welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the [department] welfare division for further proceedings in conformity with the decision of the court.
Sec. 171. NRS 426.620 is hereby amended to read as follows:
426.620 Costs of administration of NRS 426.520 to 426.620, inclusive, shall be paid out on claims presented by the [department] welfare division in the same manner as other claims against the state are paid.
Sec. 172. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.730, inclusive, unless the context otherwise requires:
1. Blind person means any person who by reason of loss of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Bureau means that state bureau of services to the blind.
3. [Department means the state welfare department.
κ1963 Statutes of Nevada, Page 922 (CHAPTER 393, SB 104)κ
4. Director means the state welfare director.
5.] Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
[6.] 4. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools and the University of Nevada.
[7.] 5. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the [state welfare department] welfare division and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles;
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.
6. Welfare division means the welfare division of the department of health and welfare.
Sec. 173. NRS 426.640 is hereby amended to read as follows:
426.640 For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons and stimulating blind persons to greater efforts to make themselves self-supporting with independent livelihoods, blind persons licensed under the provisions of NRS 426.630 to 426.730, inclusive, by the [department] welfare division shall operate vending stands in or on any public buildings or properties where, in the discretion of the head of the department or agency in charge of the maintenance of such building or properties, such vending stands may properly and satisfactorily operate.
Sec. 174. NRS 426.650 is hereby amended to read as follows:
426.650 Each head of the department or agency in charge of the maintenance of public buildings or properties shall:
1. Not later than July 1, 1959, notify the [department] welfare division in writing of any and all existing locations where vending stands are in operation or where vending stands might properly and satisfactorily be operated.
2. Not less than 30 days prior to the reactivation, leasing, releasing, licensing or issuance of permit for operation of any vending stand, inform the [department] welfare division of such contemplated action.
3. Inform the [department] welfare division of any locations where such vending stands are planned or might properly and satisfactorily be operated in or about other public building or properties as may now or thereafter come under the jurisdiction of the department or agency for maintenance, such information to be given not less than 30 days prior to leasing, re-leasing, licensing or issuance of permit for operation of any vending stand in such public building or on such property.
κ1963 Statutes of Nevada, Page 923 (CHAPTER 393, SB 104)κ
as may now or thereafter come under the jurisdiction of the department or agency for maintenance, such information to be given not less than 30 days prior to leasing, re-leasing, licensing or issuance of permit for operation of any vending stand in such public building or on such property.
Sec. 175. NRS 426.670 is hereby amended to read as follows:
426.670 The [department,] welfare division, through its bureau of services to the blind, shall:
1. Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of such buildings or properties as to their findings.
2. With the consent of the head of the department or agency charged with the maintenance of the buildings or properties, establish vending stands in those locations which the [department] welfare division has determined to be suitable, and may enter into leases or licensing agreements therefor.
3. Select, train, license and install qualified blind persons as managers of such vending stands.
4. Execute contracts or agreements with blind persons to manage vending stands, including finances, management, operation and other matters concerning such stands.
5. When the [department] welfare division deems such action appropriate, impose and collect license fees for the privilege of operating such vending stands.
6. Establish and effectuate such rules and regulations as it may from time to time deem necessary to assure the proper and satisfactory operation of such vending stands.
Sec. 176. NRS 426.675 is hereby amended to read as follows:
426.675 1. The business enterprise contingent fund for the blind is hereby created in the state treasury.
2. Moneys received by the [department] welfare division under the provisions of NRS 426.670 shall:
(a) Be deposited in the business enterprise contingent fund for the blind.
(b) Except as provided in subsection 3, remain in the fund and shall not revert to the general fund in the state treasury.
(c) Be used only for the purpose of purchasing, maintaining or replacing vending stands or the equipment therein.
3. If the business enterprise contingent fund for the blind is dissolved, any moneys remaining therein shall revert to the general fund in the state treasury.
Sec. 177. NRS 426.680 is hereby amended to read as follows:
426.680 1. If, after a vending stand survey as authorized by NRS 426.670, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the bureau that a vending stand be established or operated for the employment of blind persons, the matter shall be referred to the state welfare [director] administrator for review.
κ1963 Statutes of Nevada, Page 924 (CHAPTER 393, SB 104)κ
2. After receiving the recommendation of the bureau, the [director] administrator may refer the matter to the head of the department or agency concerned for further review and disposition.
3. If the [director] administrator is not satisfied with the decision of the head of the department or agency concerned, the [director] administrator may refer the matter for final decision and disposition to:
(a) The governor, in the case of state buildings or properties.
(b) The board of county commissioners, in the case of county buildings or properties.
(c) The city council or other governing board of the municipality in the case of municipal buildings or properties.
(d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this state.
Sec. 178. NRS 426.690 is hereby amended to read as follows:
426.690 Vending stands operated under the provisions of NRS 426.630 to 426.730, inclusive, shall be used solely for the vending of such commodities and articles as may be approved by the [department] welfare division and by the head of the department or agency in charge of the maintenance of the building or property in or on which such stand is operated.
Sec. 179. NRS 426.710 is hereby amended to read as follows:
426.710 The bureau may, in its discretion, utilize appropriate nonprofit corporations organized under the laws of this state, or other agencies, as trustees to provide day-to-day management and operation services for the vending stand program for the blind. Such corporations or agencies shall be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the vending stand program for the blind in accordance with such rules and regulations as may be adopted by the bureau and approved by the [department.] welfare division.
Sec. 180. NRS 426.720 is hereby amended to read as follows:
426.720 1. Persons operating vending stands in public buildings or on public properties as defined in NRS 426.630 prior to March 13, 1959, shall not be affected by the provisions of NRS 426.630 to 426.730, inclusive, except and only insofar as provided by subsection 2 of NRS 426.650.
2. Any blind person who is presently operating a vending stand in or on public buildings or properties who desires to avail himself of the advantages of the program authorized by NRS 426.630 to 426.730, inclusive, shall have the right to do so; and, in such instance, the [department] welfare division may negotiate and consummate arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.
Sec. 181. NRS 426.730 is hereby amended to read as follows:
426.730 Costs of administration of NRS 426.630 to 426.730, inclusive, shall be paid out on claims presented by the [department] welfare division in the same manner as other claims against the state are paid.
κ1963 Statutes of Nevada, Page 925 (CHAPTER 393, SB 104)κ
Sec. 182. NRS 427.020 is hereby amended to read as follows:
427.020 As used in this chapter.
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments to, or medical care in behalf of or any type of remedial care in behalf of, needy aged persons who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
(a) Who is a patient in an institution for tuberculosis or mental diseases; or
(b) Who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.
3. Director means the [state welfare director.] director of the department of health and welfare.
4. Recipient means any person who has received and is still receiving assistance.
5. Social Security Act means the Act of Congress approved August 14, 1935, and compiled as Title 42, United States Code § 301, and certain sections following that section, as amended.
6. State board means the state welfare board.
7. [State department means the state welfare department.] Welfare division means the welfare division of the department of health and welfare.
Sec. 183. NRS 427.090 is hereby amended to read as follows:
427.090 The [state] department of health and welfare, through the welfare division, shall:
1. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter.
2. Establish minimum standards for personnel employed by the [state department] welfare division in the administration of this chapter and make necessary rules and regulations to maintain such standards.
3. Mail checks received by it from the state controller under the provisions of this chapter through the facilities of the state central mailing system to the recipient entitled thereto at his last-known post office address with proper safeguard to assure that the recipient or his legal representative actually receives the same.
4. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
5. Make such reports in such form and containing such information as the Federal Government may from time to time require, and comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports.
κ1963 Statutes of Nevada, Page 926 (CHAPTER 393, SB 104)κ
Sec. 184. NRS 427.130 is hereby amended to read as follows:
427.130 1. The funds to pay for the states participation in old-age assistance under this chapter shall be provided by direct legislative appropriation from the general fund, sufficient to produce enough money to pay the nonfederal share of the assistance payment.
2. Such fund in the state treasury shall be known and designated as the state old-age assistance fund, out of which the states portion of the old-age assistance provided for in this chapter shall be paid upon warrants drawn by the state controller and paid by the state treasurer as provided in this chapter.
3. Administrative expenses shall be paid out of funds provided by appropriation by the legislature from the general fund, the money so appropriated to be deposited in the fund known as the state welfare fund of the state treasury, and disbursements shall be made upon claims duly filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the state welfare [director] administrator before they are paid.
Sec. 185. NRS 427.140 is hereby amended to read as follows:
427.140 1. All moneys furnished by the Federal Government pursuant to the Social Security Act shall be deposited in the state treasury in a fund which shall be designated the old-age assistance fund and used only for the purposes provided for in the Social Security Act and in pursuance of the provisions of this chapter.
2. The state treasurer, as such officer, shall receive and deposit such moneys, safely and faithfully keep and handle such moneys for such purposes, and render a true account of all such moneys. He and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his bond for other public moneys in his custody.
3. Insofar as the portion of the moneys so deposited to apply on the payment of old-age assistance in this state is concerned, it shall be used to pay directly to each recipient entitled thereto, as determined by the [state department] welfare division and certified to the state controller and the state treasurer by the state welfare [director] administrator in the manner provided for in this chapter, for use in paying the proportionate federal share of the amount of old-age assistance to which applicants and recipients are entitled, as provided for in this chapter and in the Social Security Act, in the same manner as other state moneys are disbursed.
Sec. 186. NRS 427.155 is hereby amended to read as follows:
427.155 1. The old-age assistance medical and remedial care fund is hereby created in the state treasury. There shall be deposited in the fund:
(a) Moneys allocated by the [state board] welfare division for the purpose of providing medical care or any type of remedial care to recipients from moneys made available to the state by the Federal Government for assistance to recipients: and
(b) Moneys made available by the state for the purpose of providing medical care or any type of remedial care to recipients.
κ1963 Statutes of Nevada, Page 927 (CHAPTER 393, SB 104)κ
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The [state board] welfare division may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The [state department] welfare division may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the [state department] welfare division and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the [state department,] welfare division, and payment shall be made as other claims against the state are paid.
Sec. 187. NRS 427.160 is hereby amended to read as follows:
427.160 1. The state welfare [director] administrator shall furnish to the [governor,] director, the state controller and the state treasurer a full, true and correct list of recipients in this state entitled to such assistance, and of the monthly amount to be paid to each of them from federal and state funds. The list shall be certified by the state welfare [director] administrator as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare [director] administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list, the state controller shall promptly draw his warrant upon the fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to the certified list, and the state treasurer shall pay the same. Every such warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all such warrants to the [state] welfare [department] division and the [state] welfare [department] division shall mail the warrants to the recipients entitled thereto as determined by the [state] welfare [department.] division.
4. Insofar as that portion of the moneys so deposited to pay on the expenses of the administration of this chapter and of the Social Security Act and in the distribution of such old-age assistance is concerned, it shall be disbursed in the same manner as provided for in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by the state welfare [director] administrator and the audit and allowance thereof as required by the laws of this state.
κ1963 Statutes of Nevada, Page 928 (CHAPTER 393, SB 104)κ
5. All officers mentioned in this section and concerned with the handling of federal funds are authorized to do and perform all acts and things necessary to accomplish the purposes of this section.
Sec. 188. NRS 427.190 is hereby amended to read as follows:
427.190 If in the future the Congress of the United States shall pass any law or laws that have the effect of liberalizing the participation of the Federal Government in the Nevada Old-Age Assistance Act, either as to the reduction of the age of eligibility for assistance or otherwise, the [state board] director is authorized and empowered to accept the increased benefits of such congressional legislation, insofar as such acceptance may be legally delegated by the legislature to [such board.] the director.
Sec. 189. NRS 427.210 is hereby amended to read as follows:
427.210 Application for assistance under this chapter shall be made to the [state] welfare [department.] division.
Sec. 190. NRS 427.220 is hereby amended to read as follows:
427.220 Whenever an application for assistance under this chapter is received by the [state] welfare [department,] division, investigation shall promptly be made of the circumstances of the applicant in order to determine his eligibility for such assistance.
Sec. 191. NRS 427.230 is hereby amended to read as follows:
427.230 After completion of such investigation by the [state department,] welfare division, on the basis of its findings the [state department] welfare division shall decide whether the applicant is eligible for assistance under the provisions of this chapter, the amount of such assistance, and the date on which such assistance shall begin. Such assistance shall be paid monthly to the applicant in the manner provided for in this chapter.
Sec. 192. NRS 427.240 is hereby amended to read as follows:
427.240 Every person claiming or receiving assistance who is aggrieved because of the [state departments] welfare divisions action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the [state department.] welfare division.
Sec. 193. NRS 427.250 is hereby amended to read as follows:
427.250 All assistance grants made under this chapter shall be reconsidered by the [state department] welfare division as frequently as may be required by the rules of the [state department.] welfare division. After such further investigation as the [state department] welfare division may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the [state department] welfare division finds that the recipients circumstances have altered sufficiently to warrant such action.
Sec. 194. NRS 427.280 is hereby amended to read as follows:
427.280 1. It is unlawful for any person knowingly to obtain, or attempt to obtain, or aid or abet any person to obtain, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance to which he is not entitled or assistance greater than that to which he is justly entitled.
κ1963 Statutes of Nevada, Page 929 (CHAPTER 393, SB 104)κ
2. It is unlawful for any recipient to dispose of his property without the consent of the [state board] welfare division and with the intent to defeat the purposes of this chapter.
3. It is unlawful for any person to aid or abet in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the [state board] welfare division and with the intent to defeat the purposes of this chapter.
4. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 3 months, or by both fine and imprisonment. In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received.
Sec. 195. NRS 428.090 is hereby amended to read as follows:
428.090 1. When any nonresident, or any other person not coming within the definition of a pauper, shall fall sick in any county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as the board may deem just and necessary.
2. If such sick person shall die, then the board of county commissioners shall give or order to be given to such person a decent burial.
3. The board of county commissioners shall make such allowance for board, nursing, medical aid or burial expenses as the board shall deem just and equitable, and order the same to be paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section shall be relieved to the extent of the amount of money or the value of services provided by the [state] welfare [department] division of the department of health and welfare to or for such persons for medical care or any type of remedial care under the provisions of chapters 426 and 427 of NRS.
Sec. 196. NRS 431.010 is hereby amended to read as follows:
431.010 As used in this chapter:
1. [Department means the state welfare department.
2.] Group care facility means an establishment maintained for the purpose of:
(a) Furnishing food and shelter, in single or multiple facilities, to four or more aged, infirm or handicapped adult persons unrelated to the proprietor; and
(b) Providing personal care or services which meet some need beyond basic needs of food, shelter and laundry.
[3.] 2. Person means any individual, firm, partnership, corporation, company or association and the legal successor thereof.
3. Welfare division means the welfare division of the department of health and welfare.
Sec. 197. NRS 431.020 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 930 (CHAPTER 393, SB 104)κ
431.020 The [department] welfare division shall adopt, amend, promulgate and enforce reasonable rules, regulations and standards with respect to group care facilities licensed under this chapter.
Sec. 198. NRS 431.030 is hereby amended to read as follows:
431.030 1. The [department,] welfare division, with the advice of the state board of health in matters pertaining to health, shall formulate standards for the operation and maintenance of group care facilities, and standards of care conducive to the health and general welfare of persons residing in such facilities.
2. Standards for the licensing, operation and maintenance of group care facilities shall require that:
(a) Practices and policies of the facility must provide adequately for the protection of the health, safety, physical, moral and mental well-being of the persons accommodated in the facility.
(b) The facility shall employ an adequate number of capable persons qualified by education or experience to render the type of care and services necessary in the facility.
(c) Adequate physical facilities are available to render the type of care and services necessary in the facility.
Sec. 199. NRS 431.040 is hereby amended to read as follows:
431.040 No person shall operate a group care facility, as defined in this chapter, without a license from the [department.] welfare division. No fee shall be charged for such license.
Sec. 200. NRS 431.050 is hereby amended to read as follows:
431.050 1. Application for a license shall be made to the [department.] welfare division.
2. Upon receipt of an application for a license, the [department] welfare division shall conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a group care facility. Such facility shall be subject to inspection, in behalf of the [department,] welfare division, by the fire department of the locality in which the facility is located.
Sec. 201. NRS 431.060 is hereby amended to read as follows:
431.060 1. If, after investigation, the [department] welfare division finds that the group care facility meets the established standards, the [department] welfare division shall issue license upon the form prescribed by the [department] welfare division for the purpose.
2. The license shall contain:
(a) The name of the person or persons authorized to operate such licensed facility.
(b) The location of such licensed facility.
(c) The number of persons authorized to be received and cared for therein.
3. Such license shall be in effect for 1 year from the time of issuance.
4. Licenses shall apply only to the persons named therein and be valid only for the premises described therein, and shall not be transferable.
κ1963 Statutes of Nevada, Page 931 (CHAPTER 393, SB 104)κ
5. Upon request for renewal made at least 1 month prior to the expiration date of a license, and after reconsideration of the standards maintained, the license may be renewed annually. If the [department] welfare division has failed to act upon the application for renewal prior to the expiration date of the license, the license shall be deemed to be temporarily renewed until such time as the [department] welfare division shall act.
Sec. 202. NRS 431.070 is hereby amended to read as follows:
431.070 The [department,] welfare division, or its authorized agent, shall inspect every licensed group care facility as often as is necessary to assure that there is compliance with all applicable rules, regulations and standards. Inspections may be made by the fire department of the locality at the request and in behalf of the [department.] welfare division.
Sec. 203. NRS 431.080 is hereby amended to read as follows:
431.080 The [department] welfare division may refuse to renew any license or may, at any time, suspend or revoke any license upon determination by the [department] welfare division that such licensed group care facility has failed to comply with established standards or rules and regulations governing the operation and maintenance of such facility. Such refusal to renew, suspension or revocation shall be in writing, citing the cause.
Sec. 204. NRS 431.090 is hereby amended to read as follows:
431.090 1. Any person affected by any decision or order of the [department] welfare division under this chapter may appeal therefrom to the state welfare board within 15 days of receipt of the decision or order appealed from. Upon such appeal, opportunity shall be provided for a prompt and fair hearing, in accordance with rules promulgated by the state welfare board.
2. Such appeal shall not stay the proceedings of the [department,] welfare division, nor affect such order or decision unless otherwise ordered by the state welfare board.
Sec. 205. NRS 431.100 is hereby amended to read as follows:
431.100 1. The [department] welfare division may issue a provisional license to a group care facility which:
(a) Is in operation at the time of promulgation of the rules and regulations or standards under this chapter, to provide reasonable time under the particular circumstances, not to exceed 1 year from the date of such promulgation, within which to comply with such rules, regulations and standards.
(b) Has failed to comply with rules, regulations or standards, but which is in the process of making necessary changes in the establishment or has agreed to effect such changes within a reasonable time.
2. The provisions of subsection 1 shall not be construed to require the issuance of a license or to prevent the [department] welfare division from refusing to renew or from revoking or suspending any license in any instance when the [department] welfare division deems such action necessary for the health and safety of inmates of any such facility.
κ1963 Statutes of Nevada, Page 932 (CHAPTER 393, SB 104)κ
Sec. 206. NRS 431.120 is hereby amended to read as follows:
431.120 Any person who operates a group care facility, as defined in this chapter, without a license issued by the [department] welfare division shall be guilty of a misdemeanor.
Sec. 206.1. NRS 432.010 is hereby amended to read as follows:
432.010 As used in this chapter:
1. Child means a person less than 18 years of age.
2. [Department means the state welfare department.
3.] Maintenance means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or money payments therefor.
[4.] 3. Special services means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.
4. Welfare division means the welfare division of the department of health and welfare.
Sec. 206.2. NRS 432.020 is hereby amended to read as follows:
432.020 The [department] welfare division is hereby authorized and empowered:
1. To provide maintenance and special services to:
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Handicapped children who are receiving specialized care, training or education.
(c) Children who are placed by court order in the custody of the [department,] welfare division, and who are placed in foster homes or group care facilities, but payment for children who are placed in the Nevada state childrens home shall be made in accordance with the provisions of NRS 423.210.
(d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the [department] welfare division as requiring foster home care upon being paroled from such school.
2. To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the [department.] welfare division.
Sec. 206.3. NRS 432.030 is hereby amended to read as follows:
432.030 Nothing in this or any other law shall be construed as authorizing any employee of the [department] welfare division to provide maintenance and special services for any child except:
1. Upon the request of a child whom the [department] welfare division determines to be emancipated; or
2. Pursuant to court order or request; or
3. Upon referral of appropriate law enforcement officials for emergency care; or
4. Upon referral by the Nevada youth training center or the Nevada girls training center for foster home care.
κ1963 Statutes of Nevada, Page 933 (CHAPTER 393, SB 104)κ
Sec. 206.4 NRS 432.040 is hereby amended to read as follows:
432.040 1. In the case of placement of a child under the provisions of paragraph (c) of subsection 1 of NRS 432.020, 100 percent of the nonfederal share of all expenses for special services, and 66 2/3 percent of the nonfederal share of all expenses for maintenance, shall be paid from moneys which may be provided to the [department] welfare division by direct legislative appropriation. Thirty-three and one-third percent of the nonfederal share of all expenses for maintenance shall be paid by the county from which the child was placed.
2. In the case of unmarried mothers, children awaiting adoptive placement, children referred by the Nevada youth training center or Nevada girls training center as requiring foster home care and handicapped children who are receiving specialized care, training or education, 100 percent of the nonfederal share of expenses for maintenance and special services shall be paid from moneys which may be provided to the [department] welfare division by direct legislative appropriation.
Sec. 206.5. NRS 432.070 is hereby amended to read as follows:
432.070 1. The [director] state welfare administrator shall furnish to the state controller and the state treasurer a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the several funds provided for in this chapter, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the [director] state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the particular fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each claimant is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall deliver all warrants to the [department,] welfare division, and the [department] welfare division shall mail such warrants through the facilities of the state central mailing system to the claimants entitled thereto.
Sec. 206.6. NRS 432.080 is hereby amended to read as follows:
432.080 All administrative expenses incurred by the [department] welfare division in carrying out the provisions of this chapter shall be paid out of funds which may be appropriated by the legislature from the general fund and out of such other moneys as may from time to time be made available to the [department] welfare division for the payment of administrative expenses. The money appropriated by the legislature shall be deposited in the state welfare fund of the state treasury, and disbursements shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed.
κ1963 Statutes of Nevada, Page 934 (CHAPTER 393, SB 104)κ
are disbursed. All claims shall be approved by the [director] state welfare administrator before they are paid.
Sec. 207. Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of this chapter shall be administered by the superintendent, subject to administrative supervision by the director of the department of health and welfare.
Sec. 208. (There is no section of this number.)
Sec. 209. (There is no section of this number.)
Sec. 210. NRS 433.070 is hereby amended to read as follows:
433.070 1. The [hospital advisory] board shall be an advisory body to the superintendent, and shall have only such powers and duties as may be authorized by law.
2. The board shall have the following advisory powers and duties:
(a) To be informed on and interested in the entire field of legislation and administration concerning mental illness.
(b) To advise the superintendent concerning the organization and administration of the hospital. The superintendent shall report to the board upon all matters concerning the administration of his office, and he shall request the advice and counsel of the board on matters concerning the policy thereof. The superintendent shall, however, be the final authority for the conduct and policies of the hospital and its administrative functions, unless otherwise provided by law.
(c) To report to the [governor] director of the department of health and welfare and legislature on all matters which it may deem pertinent to the hospital, and concerning any specific matters previously requested by the [governor.] director.
(d) To advise and make recommendations to the [governor] director of the department of health and welfare or the legislature relative to the mental hygiene policy of the state.
(e) To advise the superintendent with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this chapter.
(f) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
Sec. 211. (There is no section of this number.)
Sec. 212. NRS 433.120 is hereby amended to read as follows:
433.120 The superintendent shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:
1. To exercise general supervision of, and make and revise rules and regulations for, the government of the hospital.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital.
3. To make reports to the [board,] director of the department of health and welfare, and to supply the [legislature] director with material on which to base proposed legislation.
4. To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
κ1963 Statutes of Nevada, Page 935 (CHAPTER 393, SB 104)κ
the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the hospital, and to give other information which will acquaint the public with mental hygiene problems.
6. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of this chapter.
7. To cause to be kept a fair and full account of all medical affairs.
8. To perform neurological and psychiatric examinations at the Nevada state prison, the Nevada state childrens home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.
9. To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
10. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
11. To submit a biennial report to the [governor and the legislature] director of the department of health and welfare of the condition, operation and functioning of the hospital, and anticipated needs of the hospital.
12. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and to take all steps necessary to establish clear title thereto on behalf of the state.
13. To lease, with the [advice and] consent of the [board,] director of the department of health and welfare, all or any part of any land known or presumed to belong to the State of Nevada for the use of the hospital for such consideration and upon such terms as the superintendent and the [board] director may deem to be in the best interests of the hospital and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
Sec. 213. NRS 433.130 is hereby amended to read as follows:
433.130 1. The superintendent shall appoint such medical, technical, clerical and operational staff as the execution of his duties, the care of the patients, and the maintenance and operation of the hospital may require.
2. The appointments shall be made in accordance with the provisions of [the state merit and personnel system.] chapter 284 of NRS.
Sec. 214. NRS 433.140 is hereby amended to read as follows:
433.140 1. One or more physicians shall be employed. They shall hold degrees of doctor of medicine from medical schools accredited by the American Medical Association, and they shall be licensed to practice medicine as provided by law.
κ1963 Statutes of Nevada, Page 936 (CHAPTER 393, SB 104)κ
the American Medical Association, and they shall be licensed to practice medicine as provided by law.
2. Except as otherwise provided by law, their only compensation shall be annual salaries which shall be fixed in accordance with the pay plan adopted [by the state merit and personnel system.] pursuant to the provisions of chapter 284 of NRS.
3. The resident physician shall be allowed the use of the laundry facilities at the hospital.
4. The physicians shall perform such duties pertaining to the care and treatment of patients at the hospital as may be required by the superintendent.
Sec. 215. NRS 433.410 is hereby amended to read as follows:
433.410 1. The daily or monthly rate for the subsistence and care of committed persons shall be determined by the superintendent and shall be payable monthly in advance. The optimum rate shall approximate the actual average per diem cost per capita for patients confined in the hospital for the previous year ending on June 30.
2. The cost of transportation to the hospital shall be payable with the first monthly payment.
3. The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.
4. Previously determined payments may be decreased or increased by the superintendent if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.
5. Rates of pay determined by the superintendent may be appealed to and be reviewed by the [board.] director of the department of health and welfare. After review, the [board] director may modify the determination of the superintendent.
6. Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the hospital shall be additional charges against responsible relatives or the estate of the committed person.
7. The unused portion of advance payments shall be refundable to the source of payment in the event of the committed persons death, parole or discharge from the hospital.
Secs. 216 to 221, inclusive. (There are no sections of these numbers.)
Sec. 222. NRS 436.610 is hereby amended to read as follows:
436.010 As used in this chapter, unless the context requires otherwise:
1. Board means the state board of health.
2. Department means the [state] department of health [.] and welfare.
3. Health division means the mental health division of the department of health and welfare.
Sec. 223. NRS 436.020 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 937 (CHAPTER 393, SB 104)κ
436.020 The [department] health division is designated as the official state agency responsible for developing and administering preventive and out-patient mental health services [.] , subject to administrative supervision by the director of the department. It shall function in the following areas:
1. Assisting and consulting with local health authorities in providing community mental health services, which services may include prevention, rehabilitation, case-finding, diagnosis and treatment of the mentally ill, and consultation and education for groups and individuals regarding mental health.
2. Coordinating mental health functions with other state agencies.
3. Participating in and promoting the development of facilities for training personnel necessary for implementing such services.
4. Collecting and disseminating information pertaining to mental health.
5. Performing such other acts as are necessary to promote mental health in the state.
Sec. 224. (There is no section of this number.)
Sec. 225. (There is no section of this number.)
Sec. 226. NRS 436.050 is hereby amended to read as follows:
436.050 The [department] health division shall, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for in-patient care of mentally ill patients.
Sec. 227. NRS 436.060 is hereby amended to read as follows:
436.060 The [department] health division may contract with private physicians to provide in-patient and out-patient care for mentally ill patients when it appears that they can be treated best in that manner.
Sec. 228. NRS 436.070 is hereby amended to read as follows:
436.070 For the purposes of this chapter, the department, through the health division, may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, and individual, or a group of individuals, but such cooperation shall not of itself relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.
Sec. 229. NRS 436.090 is hereby amended to read as follows:
436.090 1. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
2. All moneys in any fund available to the [department] health division for carrying out the provisions of this chapter shall be paid out on claims approved by the state health officer as other claims against the state are paid.
κ1963 Statutes of Nevada, Page 938 (CHAPTER 393, SB 104)κ
division for carrying out the provisions of this chapter shall be paid out on claims approved by the state health officer as other claims against the state are paid.
Sec. 230. Chapter 439 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, unless the context requires otherwise:
1. Department means the department of health and welfare.
2. Director means the director of the department of health and welfare.
3. Health division means the health divisions of the department of health and welfare.
Sec. 231. NRS 439.010 is hereby amended to read as follows:
439.010 [The state board of health and the state health officer shall comprise the state department of health.] The provisions of this chapter shall be administered by the state health officer and the health division of the department of health and welfare, subject to administrative supervision by the director.
Sec. 232. NRS 439.020 is hereby amended to read as follows:
439.020 The [state department of] health division shall consist of:
1. The bureau of environmental health.
2. The bureau of mental health.
3. The bureau of preventive medical services.
4. Such other bureaus [, divisions] or subdivisions as the state board of health may from time to time establish.
Sec. 233. NRS 439.080 is hereby amended to read as follows:
439.080 Each appointive member of the state board of health shall receive the sum of $20 per day while attending meetings of the board, together with [his necessary] traveling expenses and subsistence allowances pursuant to the provisions of NRS 281.160 while engaged in the performance of his official duties.
Sec. 234. NRS 439.090 is hereby amended to read as follows:
439.090 1. [With the approval of the governor, the state board of health shall appoint the state health officer.] The state health officer shall:
(a) Be appointed on the basis of merit under the provisions of chapter 284 of NRS.
(b) Be in the classified service of the state, except for the purposes of removal.
(c) Be responsible to the [state board of health and to the governor.] director.
2. The state health officer shall:
(a) Be a physician having the degree of doctor of medicine.
(b) Be a resident of Nevada for at least 5 years preceding the date of his appointment.
(c) Be licensed to practice in Nevada.
(d) Have had at least 1 years postgraduate training in public health of at least 3 years experience as a public health official.
Sec. 235. NRS 439.100 is hereby amended to read as follows:
439.100 1. The state health officer shall serve at the pleasure of the [governor.] director.
κ1963 Statutes of Nevada, Page 939 (CHAPTER 393, SB 104)κ
2. A vacancy in office shall be filled by appointment by the [state board of health.] director.
Sec. 236. NRS 439.130 is hereby amended to read as follows:
439.130 The state health officer shall:
1. Enforce all laws and regulations pertaining to the public health.
2. Investigate causes of disease, epidemics, source of mortality, nuisances affecting the public health, and all other matters related to the health and life of the people, and to this end he may enter upon and inspect any public or private property in the state.
3. Direct the work of subordinates and may authorize them to act in his place and stead.
4. Perform such other duties as the [state board of health] director may, from time to time, prescribe.
Sec. 237. NRS 439.135 is hereby amended to read as follows:
439.135 As provided in chapter 585 of NRS, the [state board of health] director shall designate and appoint, for the enforcement of chapter 585 of NRS, a commissioner and such other agent or agents as [they] he may deem necessary.
Sec. 238. NRS 439.140 is hereby amended to read as follows:
439.140 1. Subject to the provisions of chapter 284 of NRS and with the approval of the [state board of health,] director, the state health officer shall appoint and may remove subordinate officers and employees of the [state department of health, but the compensation of all such subordinate officers and employees shall, subject to the provisions of chapter 284 of NRS, be fixed and controlled by the state board of health.] health division.
2. For the purpose of insuring the impartial selection of personnel on the basis of merit, the [state board of] health division is authorized to fill all positions in the [state department of health,] health division, with the exception of the positions of state health officer and professional persons employed for part-time duties, from the classified service of the state as provided in chapter 284 of NRS.
Sec. 239. NRS 439.150 is hereby amended to read as follows:
439.150 1. The state board of health is hereby declared to be supreme in all nonadministrative health matters and it shall have general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of the state and over the work of the state health officer and all local (district, county and city) health departments, boards of health and health officers.
2. The [state] department of health and welfare is hereby designated as the agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health, and is authorized to receive and expend all funds made available to the [state department of] health division by the Federal Government, the state or its political subdivisions, or from any other source, for the purposes provided in this chapter.
Sec. 240. NRS 439.160 is hereby amended to read as follows:
439.160 1. The [state board of] health division is charged with:
κ1963 Statutes of Nevada, Page 940 (CHAPTER 393, SB 104)κ
(a) The thorough and efficient execution of the provisions of this chapter in every part of the state, and
(b) Supervisory power over local health officers,
to the end that all of the requirements of this chapter shall be uniformly complied with.
2. The [state board of] health division shall have authority to investigate cases of irregularity or violation of the law, [personally or by an accredited representative,] and all local health officers shall aid the [state board of health,] health division, upon request, in such investigations.
Sec. 241. NRS 439.170 is hereby amended to read as follows:
439.170 The [state board of] health division shall take such measures as may be necessary to prevent the spread of sickness and disease, and shall possess all powers necessary to fulfill the duties and exercise the authority prescribed by law and to bring actions in the courts for the enforcement of all health laws and lawful rules and regulations.
Sec. 242. NRS 439.180 is hereby amended to read as follows:
439.180 The [state board of health, with the assistance of the] state health officer [,] shall make a biennial report to the [governor,] director, setting forth the condition of public health in the state and making such recommendations for legislation, appropriations and other matters as are deemed necessary or desirable.
Sec. 243. NRS 439.240 is hereby amended to read as follows:
439.240 1. The [state department of] health division shall maintain the state hygienic laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.
2. The purpose of the state hygienic laboratory shall be:
(a) To make available, at such charges as may be determined upon, to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases.
(b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food and clinical material.
(c) To conduct research into the nature, cause, diagnosis and control of diseases.
(d) To undertake such other technical and laboratory duties as the state board of health may direct in the interests of the public health.
3. The [director of the division] supervisor of the section of laboratories of the state department of health shall be in charge of the state hygienic laboratory. He shall be a skilled bacteriologist, and shall have such technical assistants as may be appointed by the state health officer with the approval of the [state board of health.] director.
4. Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars, in the discretion of the state board of health.
Sec. 244. (There is no section of this number.)
κ1963 Statutes of Nevada, Page 941 (CHAPTER 393, SB 104)κ
Sec. 245. NRS 439.270 is hereby amended to read as follows:
439.270 1. The state board of health shall define epilepsy for the purposes of the reports hereinafter referred to in this section.
2. All physicians shall report immediately to the [state board of health,] division, in writing, the name, age and address of every person diagnosed as a case of epilepsy.
3. The [state board of] health division shall report, in writing, to the department of motor vehicles the name, age and address of every person reported to it as a case of epilepsy.
4. Such reports shall be for the information of the department of motor vehicles and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a vehicle on the streets and highways of this state.
5. A violation of this section shall constitute a misdemeanor.
Sec. 246. NRS 439.310 is hereby amended to read as follows:
439.310 In the case of refusal or neglect of any board of county commissioners to appoint a county health officer for 30 days after January 1 next following any general election, or if a vacancy shall exist in the office of county health officer for a period exceeding 30 days, the state [board of] health officer may make such appointment for the county for that term and fix the compensation; and a county health officer so appointed shall have the same duties, power and authority as though appointed by the board of county commissioners.
Sec. 247. NRS 439.330 is hereby amended to read as follows:
439.330 1. With the approval of the board of county commissioners, the county health officer is empowered to appoint such deputies as may be necessary.
2. Deputies shall receive such compensation as is fixed by the board of county commissioners.
3. Not later than the 5th day of each month, deputy health officers shall file monthly reports with the county health officer. The reports shall be compiled by the county health officer and forwarded to the [secretary of the state board of] health division not later than the 10th day of each month.
Sec. 248. NRS 439.340 is hereby amended to read as follows:
439.340 The county board of health shall be subject to the supervision of the [state board of health,] health division, and shall make such reports to the [state board of] health division as the state board of health may require.
Sec. 249. NRS 439.390 is hereby amended to read as follows:
439.390 1. A district board of health shall consist of two members from each county, city or town which participated in establishing the district, to be appointed by the governing body of the county, city or town wherein they reside, together with one additional member to be chosen by the members so appointed.
2. Not less than one of the members of the district board of health appointed by the board of county commissioners of each county shall be a physician licensed to practice medicine in this state.
3. If the appointive members of the district board of health fail to choose the additional member within 30 days after the organization of the district health department, such member may be appointed by the state [board of health.]
κ1963 Statutes of Nevada, Page 942 (CHAPTER 393, SB 104)κ
choose the additional member within 30 days after the organization of the district health department, such member may be appointed by the state [board of health.] health officer.
Sec. 250. NRS 439.480 is hereby amended to read as follows:
439.480 The county health officer shall have supervision over all matters pertaining to the preservation of the lives and health of the people of his county, except incorporated cities of the first and second class having a health officer appointed in accordance with the provisions of this chapter, which shall be under the jurisdiction of the city health officer, subject to the supervision and control of the [state board of health.] health division.
Sec. 251. NRS 439.550 is hereby amended to read as follows:
439.550 Each local health officer is charged with the strict and thorough enforcement of the provisions of this chapter in his jurisdiction, under the supervision and direction of the [state board of health.] health division. He shall make an immediate report to the [state board of] health division of any violation of this chapter coming to his notice by observation or upon complaint of any person or otherwise.
Sec. 252. NRS 439.570 is hereby amended to read as follows:
439.570 1. When the state board of health shall deem it necessary, the [board] health division shall report cases of violation of any of the provisions of this chapter to the district attorney of the county, with a statement of the facts and circumstances. When any such case is reported to him by the [state board of health,] health division, the district attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law.
2. Upon request of the [state board of health,] health division, the attorney general shall assist in the enforcement of the provisions of this chapter.
Sec. 253. NRS 439.580 is hereby amended to read as follows:
439.580 1. Any local health officer or his deputy who shall neglect or fail to enforce the provisions of this chapter in his jurisdiction, or shall neglect or refuse to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the [state board of health,] health division, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $100.
2. Each person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the state board of health shall be guilty of a misdemeanor, and upon conviction thereof, where no different express penalty is provided, shall be punished by a fine of not more than $300, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 254. NRS 440.240 is hereby amended to read as follows:
440.240 The local health officer shall make a complete and accurate copy of each birth and death certificate registered by him in a record book supplied by the state [board of health.] registrar. Record books shall be preserved permanently in his office as the local record in such manner as directed by the state board of health.
κ1963 Statutes of Nevada, Page 943 (CHAPTER 393, SB 104)κ
books shall be preserved permanently in his office as the local record in such manner as directed by the state board of health.
Sec. 255. NRS 440.260 is hereby amended to read as follows:
440.260 On the 10th day of each month the local health officer shall transmit to the state [board of health] registrar all original certificates registered by him during the preceding month. If no births or deaths occurred in any month, he shall report that fact to the state [board of health,] registrar, on the 10th day of the following month, on a card provided for that purpose.
Sec. 256. NRS 440.600 is hereby amended to read as follows:
440.600 On or before January 10 and July 10 of each year the county clerks of the several counties shall transmit to the [secretary of the state board of health] state registrar the number of marriage licenses issued by them during the preceding 6 months.
Sec. 257. NRS 440.660 is hereby amended to read as follows:
440.660 Any copy of the record of a birth or death when properly certified by the [secretary of the state board of health] state registrar to be a true copy thereof shall be prima facie evidence in all courts and places of the facts therein stated.
Sec. 258. Chapter 441 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, health division means the health division of the department of health and welfare.
Sec. 259. NRS 441.060 is hereby amended to read as follows:
441.060 1. In addition to the other duties imposed by law, the [state board of] health division is charged with the duty of controlling, preventing and curing venereal diseases.
2. The [board] health division shall cooperate with the United States Public Health Service, and with physicians and surgeons, public and private hospitals, dispensaries, clinics, public and private schools, normal schools and colleges, penal and charitable institutions, industrial schools, local health officers and boards of health, institutions caring for the insane, and any other person or persons, in the control, prevention and cure of venereal diseases.
Sec. 260. NRS 441.070 is hereby amended to read as follows:
441.070 The [board] health division shall conduct such educational and publicity work as it may deem necessary and shall, from time to time, cause to be issued free of charge to any of the persons or institutions named in NRS 441.060 a copy of such of [its] the rules and regulations [,] of the board and pamphlets and other literature issued by it, as the board deems reasonably necessary.
Sec. 261. NRS 441.090 is hereby amended to read as follows:
441.090 1. The [board] health division may:
(a) Establish and support such clinics, dispensaries and prophylactic stations as may from time to time in its judgment appear reasonably necessary for the control, prevention and cure of venereal diseases in this state.
(b) Provide financial or other assistance to such clinics, dispensaries and prophylactic stations as already are or may be established.
2. The board shall have the power to prescribe such reasonable rules and regulations for the conduct of such clinics, dispensaries or prophylactic stations as appear to the board to be reasonably necessary.
κ1963 Statutes of Nevada, Page 944 (CHAPTER 393, SB 104)κ
rules and regulations for the conduct of such clinics, dispensaries or prophylactic stations as appear to the board to be reasonably necessary.
Sec. 262. NRS 441.100 is hereby amended to read as follows:
441.100 Whenever it shall appear to the satisfaction of the [board] health division that any person in this state infected with a venereal disease is unable to afford approved treatment for such disease, the [board,] health division, subject to such reasonable rules and regulations as [it] the board may promulgate, may cause to be issued to any licensed physician in this state, or to any clinic or dispensary approved by the board, medical supplies for, or direct financial aid to be used in, the treatment of such persons disease, or both such supplies and financial aid, providing that such physician, clinic or dispensary shall comply with such reasonable rules and regulations as the board may prescribe.
Sec. 263. NRS 441.110 is hereby amended to read as follows:
441.110 1. Every physician, druggist, pharmacist, seller or dispenser of any proprietary or other medicine, nurse, health officer, director of a laboratory, technician, or any other person, or any clinic or dispensary, making a medical, bacteriological, serological or other examination which shall indicate the existence of any venereal disease in any person, or who is treating, treats or attempts to treat such disease in any person, shall immediately report such fact to the [board] health division on blanks furnished by the [board.] division.
2. The report shall not require the name but may require the initials and date of birth of the diseased person, and shall include such other information as the board may require.
3. A duplicate of the report, including the correct name and address of the diseased person, shall be retained permanently by the person, dispensary or clinic making the report.
Sec. 264. NRS 441.120 is hereby amended to read as follows:
441.120 Any person, dispensary or clinic making the reports mentioned in NRS 441.110 shall:
1. Instruct such diseased person in the precautionary methods of preventing the spread of the disease, and in the necessity of systematic and prolonged treatment.
2. Furnish to such diseased person printed directions for preventing infection, together with such literature or copies of rules or regulations promulgated by the board, or any other literature or pamphlets issued by the [board,] health division, as the board shall direct.
Sec. 265. NRS 441.130 is hereby amended to read as follows:
441.130 1. Any individual making any report mentioned in NRS 441.110 shall determine whether or not such infected person submits or is submitting to any approved treatment for such disease, and shall make reasonable efforts to induce such infected person to submit to such treatment.
2. If it appears reasonably likely to the person making such report that the person found to be infected does not submit or is not submitting to such approved treatment, the person making the report shall report such fact on forms furnished by the [board] health division to the local health officer or board of health in the city, town or county where such infected person resides, or, if there is no local health officer of board of health, to the [state board of health.]
κ1963 Statutes of Nevada, Page 945 (CHAPTER 393, SB 104)κ
shall report such fact on forms furnished by the [board] health division to the local health officer or board of health in the city, town or county where such infected person resides, or, if there is no local health officer of board of health, to the [state board of health.] health division. There shall be included in the report the name and address of such infected person.
Sec. 266. NRS 441.140 is hereby amended to read as follows:
441.140 1. If any person undergoing any treatment for any venereal disease shall discontinue such treatment while the disease is, or is reasonably likely to be, in an infectious state, the person administering or providing or recommending treatment prior to such discontinuance shall determine whether such person is receiving approved treatment elsewhere.
2. If it appears reasonably likely that such person is not receiving approved treatment elsewhere, the person administering or providing or recommending treatment prior to such discontinuance shall make all reasonable efforts to induce such person to resume approved treatment and shall, if it appears reasonably likely that such person has failed to resume approved treatment, report, on forms furnished by the [board,] health division, the name and address of such person to the local health officer or board of health, or to the [state board of] health division where there is no such local health officer or board of health.
Sec. 267. NRS 441.150 is hereby amended to read as follows:
441.150 Any person, dispensary or clinic giving, administering or prescribing for or advising any course of treatment to any diseased person shall determine the nature and extent of any treatment which such diseased person was previously submitted to, and shall apprise, on forms furnished by the [board,] health division, the person who previously administered such treatment that such diseased person is presently undergoing treatment with him or it. The diseased person shall give the information required by this section.
Sec. 268. NRS 441.160 is hereby amended to read as follows:
441.160 1. Any diseased person shall report to any of the persons making any report mentioned in NRS 441.110 the source of the infection, if the same is known, together with the name and address of such source, if the source is a human being.
2. The person receiving such information shall then communicate such information, on forms furnished by the [board,] health division, to the local health officer or board of health, or to the [state board of] health division where there is no such local health officer or board of health.
Sec. 269. NRS 441.180 is hereby amended to read as follows:
441.180 1. Whenever any local board of health or health officer or the [board] health division shall receive a report from any person that any person in this state is reasonably suspected to be infected with any venereal disease in an infectious state, and it is reasonably likely that such person is not undergoing any type of approved treatment for such disease, such local health officer or board of health or the [state board of health] health division may cause an approved medical examination to be made of such person for the purpose of ascertaining whether or not he is in fact infected with such disease.
κ1963 Statutes of Nevada, Page 946 (CHAPTER 393, SB 104)κ
or the [state board of health] health division may cause an approved medical examination to be made of such person for the purpose of ascertaining whether or not he is in fact infected with such disease.
2. Every person so suspected shall submit to such an examination and shall permit such specimens of blood or body discharges to be taken for laboratory examinations as may be reasonably necessary to establish the presence or absence of such disease or infection.
Sec. 270. NRS 441.200 is hereby amended to read as follows:
441.200 Nothing in this chapter shall be construed to empower or authorize the [board, or its representatives,] health division, or any local or other board of health or health officer, or any other person to interfere in any manner with any diseased persons right to receive approved treatment from any licensed physician or clinic or other person of his choice; but the board shall have the power to prescribe approved methods of treatment to be used by the physician, clinic or other person treating such diseased person.
Sec. 271. NRS 441.250 is hereby amended to read as follows:
441.250 1. Where it appears to the [board] health division or any local health officer or board of health that any person has refused to comply with any rule or regulation of the board, or to comply with any provision of this chapter or to submit to approved treatment or examination where such treatment or examination is required by this chapter, or where any person has refused to give any of the information required by this chapter or has refused to perform any of the duties imposed by this chapter, the [board,] health division, or any health officer or board of health may institute mandamus proceedings against such person in the district court of the county of his residence to require performance of any duty imposed by this chapter, or compliance with its provisions or any order or regulation of the board.
2. The district court in which such proceeding is instituted is empowered to make any proper order reasonably necessary to carry out the purpose, intent or any provision of this chapter, or to compel compliance with any rule or regulation of the board, or any provision of this chapter.
Sec. 272. NRS 441.260 is hereby amended to read as follows:
441.260 The district attorney of the county in which any mandamus proceeding authorized by this chapter is or is to be instituted shall represent the [board] health division in such proceeding.
Sec. 273. Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 274 to 276, inclusive, of this act.
Sec. 274. As used in this chapter, unless the contest requires otherwise:
1. Department means the department of health and welfare.
2. Director means the director of the department of health and welfare.
3. Health division means the health division of the department of health and welfare.
Sec. 275. The state health officer and the health division shall administer the provisions of this chapter in accordance with the regulations of the state board of health and subject to administrative supervision by the director.
κ1963 Statutes of Nevada, Page 947 (CHAPTER 393, SB 104)κ
administer the provisions of this chapter in accordance with the regulations of the state board of health and subject to administrative supervision by the director.
Sec. 276. The state board of health shall promulgate such rules and regulations as shall, under NRS 442.030 to 442.110, inclusive, be necessary for the purposes of such sections, and such as the state board of health may deem necessary for the further guidance of local health officers.
Sec. 277. NRS 442.080 is hereby amended to read as follows:
442.080 The [state board of] health division shall:
1. Enforce the provisions of NRS 442.030 to 442.110, inclusive.
2. [Promulgate such rules and regulations as shall, under NRS 442.030 to 442.110, inclusive, be necessary for the purpose of NRS 442.030 to 442.110, inclusive, and such as the state board of health may deem necessary for the further and proper guidance of local health officers.
3.] Publish [and promulgate] such [further] advice and information concerning the dangers of inflammation of the eyes of the newborn as is necessary for prompt and effective treatment.
[4.] 3. Furnish copies of NRS 442.030 to 442.110, inclusive, to all physicians and midwives who may be engaged in the practice of obstetrics, or assisting at childbirth.
[5.] 4. Keep the proper record of any and all cases of inflammation of the eyes of the newborn which shall be filed in the office of the [state board of] health division in pursuance of the law, and which may come to its attention in any way, and constitute such records as part of the biennial report to the [governor.] director.
[6.] 5. Report any and all violations of NRS 442.030 to 442.110, inclusive, that may come to its attention to the district attorney of the county wherein the misdemeanor may have been committed, and shall assist the district attorney in any way possible, such as securing necessary evidence.
[7.] 6. Furnish birth certificates, which shall include the question, Did you comply with NRS 442.050? If so, state what solution used.
Sec. 278. NRS 442.120 is hereby amended to read as follows:
442.120 The [state] department [of health] is hereby designated as the agency of this state to cooperate, through the health division, with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the maternal and child health services and the care and treatment of crippled children, and is authorized to receive and expend all funds made available to the [state] department [of health] by the Federal Government, the state or its political subdivisions, or from any other source for the purposes provided in this chapter.
Sec. 279. NRS 442.130 is hereby amended to read as follows:
442.130 1. The [state board of health] department is hereby designated as the agency of this state to administer, through the health division, a maternal and child health program, and to supervise the administration of those services included in the program which are not administered directly by it.
κ1963 Statutes of Nevada, Page 948 (CHAPTER 393, SB 104)κ
2. The purpose of such program shall be to develop, extend and improve health services, and to provide for development of demonstration services in needy areas for mothers and children.
Sec. 280. NRS 442.140 is hereby amended to read as follows:
442.140 1. The [state board of health] department is hereby empowered and authorized:
(a) To formulate, adopt and administer, through the state board of health and the health division, a detailed plan or plans for the purposes specified in NRS 442.130.
(b) To make and adopt, through the state board of health, all such rules and regulations not inconsistent with the provisions of NRS 442.130 to 442.170, inclusive, or of the Social Security Act, as are or may be necessary for the administration of such plan or plans and the administration of NRS 442.130 to 442.170, inclusive.
2. Such plan or plans and the rules and regulations when formulated shall be submitted to the Secretary of Health, Education, and Welfare for approval, and when approved by him shall thereupon be made effective by the state board of health for the purposes of NRS 442.130 to 442.170, inclusive.
Sec. 281. NRS 442.150 is hereby amended to read as follows:
442.150 Such plan or plans shall in any event include therein provisions for:
1. Financial participation by this state.
2. Administration of such plan or plans by the [state board of health,] department, through the health division, and supervision by the [board] department, through the health division, of the administration of such services included in the plan or plans which are not administered directly by the [state board of health.] health division.
3. Such methods of administration as are necessary for efficient operation of such plan or plans.
4. Maintenance of records and preparation, submission and filing of reports of services rendered.
5. Cooperation with medical, health, nursing and welfare groups and organizations for the purpose of extending and improving local maternal and child health.
6. Receiving and expending in the manner provided in NRS 442.130 to 442.170, inclusive, in accordance with such plan or plans, all funds made available to the [state board of health] department by the Federal Government, the state or its political subdivisions, or from any other source for such proposes.
7. Cooperating with the Federal Government, through its appropriate agency or instrumentality, in developing, extending and improving such services, and in the administration of such plan or plans, and development of demonstration services in needy areas among groups in special need.
8. Carrying out the purposes specified in NRS 442.130.
Sec. 282. NRS 442.160 is hereby amended to read as follows:
442.160 1. The [secretary of the state board of health] state health officer shall be the administrative officer of the [state board of] health division with respect to the administration and enforcement of the provisions of NRS 442.130 to 442.170, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.130 to 442.170, inclusive, and all such rules and regulations necessary thereto and adopted by the state board of health.
κ1963 Statutes of Nevada, Page 949 (CHAPTER 393, SB 104)κ
provisions of NRS 442.130 to 442.170, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.130 to 442.170, inclusive, and all such rules and regulations necessary thereto and adopted by the state board of health.
2. The [secretary of the state board of health] state health officer is hereby empowered and directed to administer and enforce all rules and regulations adopted by the state board of health for the efficient operations of the plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.130 to 442.170, inclusive.
3. The [secretary of the state board of health] state health officer shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the [state board of health,] director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.130 to 442.170, inclusive, and, when directed so to do by the terms of the plan or plans perfected, or by the [state board of health,] director, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.130 to 442.170, inclusive.
4. The [secretary of the state board of health] state health officer shall, from time to time as directed by the Secretary of Health, Education, and Welfare, make such reports, in such form and containing such information concerning the subjects of NRS 442.130 to 442.170, inclusive, as the Secretary of Health, Education, and Welfare shall require.
5. The [secretary of the state board of health] state health officer shall from time to time, pursuant to the rules and regulations of the Secretary of Health, Education, and Welfare and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all moneys allotted to this state by the Federal Government for the purposes of NRS 442.130 to 442.170, inclusive, and the [secretary of the state board of health] state health officer shall cause to be paid out of the state treasury the moneys therein deposited for the purposes of NRS 442.130 to 442.170, inclusive.
Sec. 283. NRS 442.170 is hereby amended to read as follows:
442.170 1. The state treasurer is hereby made custodian of all moneys appropriated by this state, allotted to this state by the Federal Government, or received by this state from other sources, for the purposes of NRS 442.130 to 442.170, inclusive.
2. The state treasurer shall receive such moneys and keep them in a special fund to be known as the maternal and child health service fund, and may deposit such moneys in a bank or banks in the same manner as other state moneys are deposited.
3. All claims and demands against the fund shall be paid only upon the [secretary of the state board of health] state health officer certifying such claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor, and the state treasurer shall pay the same.
Sec. 284. NRS 442.180 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 950 (CHAPTER 393, SB 104)κ
442.180 1. The [state board of health] department is hereby designated as the agency of this state to administer a program of service for children who are crippled or who are suffering from conditions which lead to crippling, and to supervise the administration of those services included in the program which are not administered directly by it.
2. The purpose of such program shall be to develop, extend and improve services for locating such children, and for providing for medical, surgical, corrective and other services and care, and providing facilities for diagnosis, hospitalization and aftercare.
Sec. 285. NRS 442.190 is hereby amended to read as follows:
442.190 1. The [state board of health] department is hereby empowered and authorized:
(a) To formulate, adopt and administer, through that state board of health and the health division, a detailed plan or plans for the purposes specified in NRS 442.180.
(b) To make and adopt, through the state board of health, all such rules and regulations, not inconsistent with the provisions of NRS 442.180 to 442.220, inclusive, or of the Social Security Act, as are or may be necessary for the administration of such plan or plans and the administration of NRS 442.180 to 442.220, inclusive.
2. Such plan or plans and the rules and regulations when formulated shall be submitted to the Secretary of Health, Education, and Welfare for approval, and when approved by him shall thereupon be made effective by the state board of health for the purposes of NRS 442.180 to 442.220, inclusive.
Sec. 286. NRS 442.200 is hereby amended to read as follows:
442.200 Such plan or plans shall in any event include therein provisions for:
1. Financial participation by this state.
2. Administration of such plan or plans by the [state board of health,] department, through the health division, and supervision by the [board] department, through the health division, of the administration of such services included in the plan or plans which are not administered directly by the [state board of health.] health division.
3. Such methods of administration as are necessary for efficient operation of such plan or plans.
4. Maintenance of records and preparation, submission and filing of reports of services rendered.
5. Cooperation with medical, health, nursing and welfare groups and organizations, and with any agency of the state charged with the administration of laws providing for vocational rehabilitation of physically handicapped children.
6. Receiving and expending in the manner provided in NRS 442.180 to 442.220, inclusive, in accordance with such plan or plans, all funds made available to the [state board of health] department by the Federal Government, the state or its political subdivisions, or from any other source for such purposes.
κ1963 Statutes of Nevada, Page 951 (CHAPTER 393, SB 104)κ
7. Cooperating with the Federal Government, through its appropriate agency or instrumentality, in developing, extending and improving such services and in the administration of such plan or plans.
8. Carrying out the purposes specified in NRS 442.180.
Sec. 287. NRS 442.210 is hereby amended to read as follows:
442.210 1. The [secretary of the state board of health] state health officer shall be the administrative officer of the [state board of] health division with respect to the administration and enforcement of the provisions of NRS 442.180 to 442.220, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.180 to 442.220, inclusive, and all such rules and regulations necessary thereto and adopted by the state board of health.
2. The [secretary of the state board of health] state health officer is hereby empowered and directed to administer and enforce all rules and regulations adopted by the state board of health for the efficient operation of such plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.180 to 442.220, inclusive.
3. The [secretary of the state board of health] state health officer shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the [state board of health,] director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.180 to 442.220, inclusive, and, when directed so to do by the terms of any plan or plans perfected, or by the [state board of health,] director, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive; but when the proper medical or surgical services cannot be had within the state for any crippled child the secretary of the state board of health may provide for such services in some other state.
4. The [secretary of the state board of health] state health officer shall, from time to time as directed by the Secretary of Health, Education, and Welfare, make such reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, as the Secretary of Health, Education, and Welfare shall require.
5. The [secretary of the state board of health] state health officer shall from time to time, pursuant to the rules and regulations of the Secretary of Health, Education, and Welfare and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all moneys allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive, and the [secretary of the state board of health] state health officer shall cause to be paid out of the state treasury the moneys therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.
Sec. 288. NRS 442.220 is hereby amended to read as follows:
442.220 1. The state treasurer is hereby made custodian of all moneys appropriated by this state, allotted to this state by the Federal Government, or received by this state from other sources, for the purposes of NRS 442.180 to 442.220, inclusive.
κ1963 Statutes of Nevada, Page 952 (CHAPTER 393, SB 104)κ
moneys appropriated by this state, allotted to this state by the Federal Government, or received by this state from other sources, for the purposes of NRS 442.180 to 442.220, inclusive.
2. The state treasurer shall receive such moneys and keep them in a special fund to be known as the crippled childrens fund, and may deposit such moneys in a bank or banks in the same manner as other state moneys are deposited.
3. All claims and demands against the fund shall be paid only upon the [secretary of the state board of health] state health officer certifying such claims and demands in proper vouchers to the state controller who shall thereupon draw his warrant or warrants therefor, and the state treasurer shall pay the same.
Sec. 289. NRS 442.230 is hereby amended to read as follows:
442.230 1. The [state] department [of health] is hereby authorized to enter into a cooperative agreement or agreements with the Department of Health, Education and Welfare, prescribing the manner, terms and conditions of cooperation by the [state] department [of health] and the Department of Health, Education and Welfare in providing for the finding, diagnosis and treatment of crippling conditions of childhood, including rheumatic fever.
2. Such agreements may provide for the amounts which the state and the Federal Government will contribute under the agreement, and the [state] department [of health] shall be bound and governed by such agreement or agreements.
Sec. 290. Chapter 443 of NRS is hereby amended by adding thereto the provisions set forth as sections 291 and 292 of this act.
Sec. 291. Health division means the health division of the department of health and welfare.
Sec. 292. Supervisor means the medical supervisor of the tuberculosis care program.
Sec. 293. NRS 443.075 is hereby amended to read as follows:
443.075 Subject to the provisions of chapter 284 of NRS, the [department] health division shall employ a [director] supervisor who shall administer the tuberculosis care program which is hereby established.
Sec. 294. NRS 443.085 is hereby amended to read as follows:
443.085 The [director] supervisor shall:
1. Be a physician who holds the degree of doctor of medicine and is licensed to practice medicine in the State of Nevada.
2. Devote full time to his duties and engage in no other occupation or profession.
Sec. 295. NRS 443.095 is hereby amended to read as follows:
443.095 1. Subject to the provisions of chapter 284 of NRS, the [department] health division may employ, to assist the [director,] supervisor, necessary professional and clerical personnel.
2. The [department] health division may contract for the part-time services of professional personnel to assist the [director] supervisor in carrying out the provisions of NRS 443.065 to 443.135, inclusive.
κ1963 Statutes of Nevada, Page 953 (CHAPTER 393, SB 104)κ
Sec. 296. NRS 443.105 is hereby amended to read as follows:
443.105 1. Every person who, under the regulations of the board, is found to be infected with active tuberculosis, and to constitute a threat to the health and safety of the public, or who is suspected of being so infected, shall be cared for at public expense, if he produces a written statement subscribed and sworn to or affirmed before a notary public declaring that he is unable to pay for medical or hospital care.
2. The cost of such care shall be paid by the [department] health division from moneys provided by direct legislative appropriation.
Sec. 297. NRS 443.115 is hereby amended to read as follows:
443.115 1. The [department] health division shall, by contract with hospitals or other institutions having adequate facilities in the State of Nevada, provide for diagnostic examination and in-patient and out-patient care of patients.
2. Whenever adequate facilities are not available in the State of Nevada, the [department] health division may contract with hospitals in other states which have adequate facilities for such care.
Sec. 298. NRS 443.125 is hereby amended to read as follows:
443.125 Every person confined to a hospital or other institution under the provisions of NRS 443.065 to 443.135, inclusive, shall be treated for tuberculosis and for any condition related thereto, and may be treated for any nontuberculous condition which the [department] health division determines to be a deterrent to the health of the patient and the effective control of tuberculosis.
Sec. 299. NRS 443.135 is hereby amended to read as follows:
443.135 The [department] health division may contract with private physicians to provide out-patient care for patients in outlying areas whom it determines can best be treated in this manner.
Sec. 300. NRS 443.145 is hereby amended to read as follows:
443.145 1. There is hereby created in the state treasury the special silicosis fund. The special silicosis fund shall be administered by the [department,] health division, and moneys in such fund shall be expended only for the purposes of NRS 443.145 to 443.165, inclusive, on claims approved by the [department] health division and paid as other claims against the state are paid.
2. The board may adopt reasonable regulations to carry out the provisions of NRS 443.145 to 443.165, inclusive.
Sec. 301. NRS 443.155 is hereby amended to read as follows:
443.155 1. Every person found by the board to be suffering from silicosis shall be entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
(a) Is not eligible for compensation under the provisions of NRS 617.460.
(b) Applied, before January 1, 1961, for compensation under the provisions of NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.
(c) Is not infected with active tuberculosis.
κ1963 Statutes of Nevada, Page 954 (CHAPTER 393, SB 104)κ
(d) Files with the [board,] health division, before August 1, 1961, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.
(e) Submits to a physical examination by a physician approved by the board to determine his condition.
2. The [board] health division shall arrange for physical examinations of all applicants and pay the costs of such examinations from the special silicosis fund.
Sec. 302. NRS 443.165 is hereby amended to read as follows:
443.165 1. Each person who is eligible for the benefits provided for in NRS 443.145 to 443.165, inclusive, shall be entitled to receive benefits from the special silicosis fund in an amount equal to the compensation paid to persons eligible for compensation under the provisions of NRS 617.460.
2. The Nevada industrial commission shall cooperate with the [department] health division for the purpose of determining the amount of benefits to which persons found eligible by the board are entitled, and shall make available to the board all records which may be of use to the board in determining eligibility.
Sec. 303. Chapter 444 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, health division means the health division of the department of health and welfare.
Sec. 304. NRS 444.070 is hereby amended to read as follows:
444.070 The [state board of health] health division shall have supervision over the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses and the state board of health is empowered to make and enforce such rules and regulations pertaining thereto as it shall deem necessary to carry out the provisions of NRS 444.070 to 444.120, inclusive.
Sec. 305. NRS 444.080 is hereby amended to read as follows:
444.080 1. It shall be unlawful for any person, firm, corporation, institution or municipality to construct or to operate or continue to operate any public swimming pool, bathhouse, or nudist colony, or any structure intended to be used for swimming or bathing purposes within the State of Nevada without a permit to do so from the [state board of health.] health division.
2. Any person, firm, corporation, institution or municipality desiring to construct or to operate and maintain any public swimming pool, bathhouse or structure intended to be used for swimming or bathing purposes within the State of Nevada shall file an application for permission to do so with the [state board of health] health division.
3. The application shall state:
(a) The source of water supply.
(b) The amount and quality of water available and intended to be used.
(c) The method and manner of water purification, treatment, disinfection, heating, regulating and cleaning.
κ1963 Statutes of Nevada, Page 955 (CHAPTER 393, SB 104)κ
(d) The lifesaving apparatus and measures to insure safety of bathers.
(e) The measures to insure personal cleanliness of bathers.
(f) The methods and manner of washing, disinfecting, drying and storing bathing apparel and towels.
(g) All other information and statistics that may be required by the regulations of the state board of health.
4. Upon receipt of the application, the [state board of] health division shall cause an investigation to be made of the proposed or existing pool, and if the state board of health shall determine as a fact that the same is or may reasonably be expected to become unclean or insanitary or may constitute a menace to public health, the [state board of] health division shall deny the permit. If the state board of health shall determine as a fact that the same is or may reasonably be expected to be conducted continuously in a clean and sanitary manner and will not constitute a menace to public health, the [board] health division shall grant the permit under such restrictions as the board shall deem proper.
Sec. 306. NRS 444.090 is hereby amended to read as follows:
444.090 1. For the purposes of NRS 444.070 to 444.120, inclusive, the [state board of health,] health division, the county board of health, any public health officer or inspector shall, at stated intervals designated by the [secretary of the state board of health,] state health officer, have full power and authority to, and shall be permitted to, enter upon any and all parts of the premises of such bathing and swimming places to make examination and investigation to determine the sanitary condition of such places and whether the provisions of NRS 444.070 to 444.120, inclusive, or the rules and regulations of the state board of health pertaining thereto are being violated.
2. The results of such inspection shall be reported to the [secretary of the state board of health] state health officer within 7 days following the inspection.
3. The [state board of] health division and the county boards of health may, from time to time, at their discretion publish the reports of such inspection.
Sec. 307. NRS 444.100 is hereby amended to read as follows:
444.100 Any permit granted by the [state board of] health division as provided in NRS 444.070 to 444.120, inclusive, shall be revocable or subject to suspension at any time by formal action of the state board of health if the board shall determine as a fact that the swimming or bathing places are being conducted in a manner insanitary, unclean or dangerous to public health.
Sec. 308. NRS 444.110 is hereby amended to read as follows:
444.110 Any swimming pool constructed, operated or maintained contrary to the provisions of NRS 444.070 to 444.120, inclusive, is hereby declared to be a public nuisance, dangerous to health. Such nuisance may be abated or enjoined in an action brought by the local [or state] board of health [.] or the health division.
Sec. 309. NRS 444.190 is hereby amended to read as follows:
444.190 1. The [state board of] health division shall administer NRS 444.130 to 444.200, inclusive, and the state board of health shall have full power and authority to declare and prescribe such reasonable standards and regulations as will tend to insure the observance of NRS 444.130 to 444.200, inclusive.
κ1963 Statutes of Nevada, Page 956 (CHAPTER 393, SB 104)κ
NRS 444.130 to 444.200, inclusive, and the state board of health shall have full power and authority to declare and prescribe such reasonable standards and regulations as will tend to insure the observance of NRS 444.130 to 444.200, inclusive.
2. The county health officers shall secure the enforcement of the provisions of NRS 444.130 to 444.200, inclusive, and for such purposes the officers and agents of the [state board of] health division or the county health officers shall have the right:
(a) To enter upon either public or private property within the state to determine whether or not there exists upon such property any camp to which the provisions of NRS 444.130 to 444.200, inclusive, may apply.
(b) To enter and inspect all camps within the State of Nevada wherever the same may be situated, and to inspect all accommodations, equipment or paraphernalia connected therewith.
(c) To enter upon and inspect all adjacent land surrounding any such camp to determine whether or not the sanitary and other requirements of NRS 444.130 to 444.200, inclusive, have been or are being complied with.
3. Any camp coming under the provisions of NRS 444.130 to 444.200, inclusive, which does not conform to the provisions of NRS 444.130 to 444.200, inclusive, is hereby declared a public nuisance and if not made to so conform within 5 days or within such longer period of time as may be allowed by the [state board of] health division or the county health officer, after written notice given by the [board] health division or the county health officer, shall be abated by proper action brought for that purpose in the district court of the county in which such camp, or the greater portion thereof, is situated.
Sec. 310. NRS 445.050 is hereby amended to read as follows:
445.050 The [state board of health] department of health and welfare is designated as the water pollution agency for this state for all purposes of the Federal Act and is authorized to take all action necessary or appropriate to secure to this state the benefits of the Federal Act.
Sec. 311. NRS 445.060 is hereby amended to read as follows:
445.060 In carrying out the purposes of NRS 445.050, the [state board of health,] department of health and welfare, through the health division of the department, in addition to any other action which may be necessary or appropriate to carry out the purposes of NRS 445.050, is authorized:
1. To cooperate with the Surgeon General and other agencies of the Federal Government, other states, interstate agencies and other interested parties in all matters relating to water pollution, including the development of programs for eliminating or reducing pollution and improving the sanitary condition of water.
2. On behalf of this state, to apply for and receive funds made available to the [state board of health] department under the Federal Act by any agency of the Federal Government. All moneys received from any federal agency as herein provided shall be paid into the state treasury and shall be expended, under the direction of the [state board of health,] department, solely for the purpose or purposes for which the grant or grants shall have been made.
κ1963 Statutes of Nevada, Page 957 (CHAPTER 393, SB 104)κ
[state board of health,] department, solely for the purpose or purposes for which the grant or grants shall have been made.
3. To approve projects for which application for loans or grants under the Federal Act is made by any municipality, including any city, town, district or other public body created by or pursuant to the laws of this state and having jurisdiction over disposal of sewage, industrial wastes or other wastes, or agency of this state or by any interstate agency.
4. To participate through its authorized representatives in proceedings under the Federal Act.
5. To recommend measures for abatement of water pollution originating in this state.
6. To give consent on behalf of this state to requests by the Secretary of Health, Education, and Welfare to the Attorney General of the United States for the bringing of suit for abatement of such pollution.
7. To consent to the joinder as a defendant in such suit of any person who is alleged to be discharging matter contributing to the pollution, abatement of which is sought in such suit.
Sec. 312. NRS 445.080 is hereby amended to read as follows:
445.080 1. It shall be unlawful for any person, firm, association or corporation to construct:
(a) A dwelling; or
(b) A building for human occupancy; or
(c) A building for commercial purposes; or
(d) A system for the procurement or distribution of drinking water; or
(e) A system for the collection or disposal of sewage or other wastes,
in any of that portion of Nevada from which water drains into Lake Tahoe, designated in NRS 445.090 to 445.120, inclusive, as the Lake Tahoe Watershed, without first having secured written permission from the [division] section of public health engineering of the [state department of health.] health division of the department of health and welfare.
2. No permit shall be required for construction not requiring domestic water or a means of sewage disposal.
3. A permit shall be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard.
Sec. 313. NRS 445.090 is hereby amended to read as follows:
445.090 1. Except as provided in subsection 2, the direct discharge of sewage or other wastes into Lake Tahoe, or within 100 feet of the established high water rim of Lake Tahoe, or within 100 feet of a stream, reservoir, spring, well or other water supply in the Lake Tahoe Watershed is prohibited.
2. Where disposal of sewage or other waste by reason of property characteristics, topography or other limitations cannot be provided other than within 100 feet of Lake Tahoe, then the [state department of health] health division of the department of health and welfare shall issue the required permit subject to installation and operation of such sewage works as may be necessary to provide protection to the Lake Tahoe water and the Lake Tahoe Watershed.
κ1963 Statutes of Nevada, Page 958 (CHAPTER 393, SB 104)κ
such sewage works as may be necessary to provide protection to the Lake Tahoe water and the Lake Tahoe Watershed.
Sec. 314. NRS 445.100 is hereby amended to read as follows:
445.100 The [state board of health:] health division of the department of health and welfare:
1. Is authorized to [adopt, amend, promulgate and] enforce reasonable rules and regulations adopted, amended or promulgated by the state board of health and consistent with law governing the Lake Tahoe Watershed area to carry out the purpose and intent of NRS 445.080 to 445.120, inclusive.
2. Shall have the right and authority to enter on any property within the Lake Tahoe Watershed area for the purpose of inspecting such premises to determine whether or not the same are in conformity with the provisions of NRS 445.080 to 445.120, inclusive.
Sec. 315. NRS 446.050 is hereby amended to read as follows:
446.050 Health officer means the state health officer and the [director] supervisor of the [division] section of public health engineering of the [state department of health,] health division of the department of health and welfare, and includes any of his assistants, deputies, inspectors or any other official representative or member of the state health officers staff who is charged with the enforcement of this chapter.
Sec. 316. NRS 446.130 is hereby amended to read as follows:
446.130 1. The health officer shall inspect and grade food establishments at least once every year and at such other times as he may designate.
2. One copy of the inspection report bearing the grade and a statement that the food establishment is or is not granted a permit to operate shall be posted by the health officer in a conspicuous place in the food establishment and shall not be defaced or removed by any person excepting the health officer.
3. Another copy of the inspection report shall be filed with the records of the [state department of health.] health division of the department of health and welfare.
4. The food establishment shall display at all times a conspicuous notice, provided by the health officer, stating the grade of the food establishment.
Sec. 317. NRS 447.190 is hereby amended to read as follows:
447.190 The state health officer is charged with the enforcement of this chapter. He shall:
1. Appoint such agent or agents as he deems necessary to carry out the provisions of this chapter.
2. Keep a record of hotels inspected, and the record or any part thereof may, in the discretion of the state health officer, be included in the biennial report to the [governor.] director of the department of health and welfare.
Sec. 318. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 449.020 to 449.240, inclusive, health division means the health division of the department of health and welfare.
κ1963 Statutes of Nevada, Page 959 (CHAPTER 393, SB 104)κ
Sec. 319. NRS 449.040 is hereby amended to read as follows:
449.040 Any person, partnership, corporation or association, or any state or local government unit or any agency thereof, desiring a license under the provisions of NRS 449.020 to 449.240, inclusive, shall file with the [state department of] health division a verified application on a form prescribed, prepared and furnished by the [state department of health,] health division, containing:
1. The name of the applicant and, if an individual, whether the applicant has attained the age of 21 years.
2. The type of institution to be operated.
3. The location thereof.
4. The name of the person in charge thereof.
5. Such other information as may be required by the [state department of] health division for the proper administration and enforcement of NRS 449.020 to 449.240, inclusive.
6. Evidence satisfactory to the [state department of] health division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the members thereof, and the person in charge of the institution for which application for license is made. If the applicant is a political subdivision of the state or other governmental agency, like evidence shall be submitted as to the person in charge of the institution for which application for license is made.
7. Evidence satisfactory to the [state department of] health division for the ability of the applicant to comply with the provisions of NRS 449.020 to 449.240, inclusive, and of rules and regulations promulgated under NRS 449.020 to 449.240, inclusive, by the [state department of health.] health division.
Sec. 320. NRS 449.060 is hereby amended to read as follows:
449.060 Each license issued under NRS 449.020 to 449.240, inclusive, shall expire at midnight on December 31 of each calendar year and shall be renewed automatically upon the payment of the fee provided for in NRS 449.050, unless the [state department of] health division finds, after an investigation, that the hospital has not complied with the provisions of NRS 449.020 to 449.240, inclusive, or the rules and regulations of the [state department of health,] health division, and returns the fee to the applicant.
Sec. 321. NRS 449.080 is hereby amended to read as follows:
449.080 Upon the filing of the application for license provided for, and full compliance with the provisions of NRS 449.020 to 449.240, inclusive, and the rules and regulations promulgated under NRS 449.020 to 449.240, inclusive, by the [state department of health, the state department of health] health division, the health division shall issue to the applicant the license applied for.
Sec. 322. NRS 449.090 is hereby amended to read as follows:
449.090 Every hospital for which a license has been issued shall be periodically inspected by a duly authorized representative of the [state department of health.] health division. Reports of each such inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the [state department of] health division and filed with the [state department of health.]
κ1963 Statutes of Nevada, Page 960 (CHAPTER 393, SB 104)κ
forms prepared and furnished by the [state department of] health division and filed with the [state department of health.] health division.
Sec. 323. NRS 449.140 is hereby amended to read as follows:
449.140 1. Funds received from the licensure of hospitals or from any other source shall be deposited in the hospital licensing administration fund and thereby merged with appropriated money, and shall be disbursed on claims signed by the [state department of] health division and paid, as other claims against the state are paid, out of the hospital licensing administration fund in the state treasury.
2. The [state department of] health division shall be charged with the duty of enforcing the provisions of NRS 449.020 to 449.240, inclusive, and may incur any necessary expenses not in excess of the revenue from fees from licensure and appropriated funds.
Sec. 324. NRS 449.150 is hereby amended to read as follows:
449.150 The [state department of] health division shall have the following powers:
1. To make or cause to be made inspections of institutions which apply for or hold hospital licenses.
2. To adopt licensing standards for each class of hospital covered by NRS 449.020 to 449.240, inclusive, in accordance with the recommendations of the hospital advisory council.
3. To adopt rules and regulations governing the licensing of such institutions in accordance with the recommendations of the hospital advisory council.
4. To employ such clerical and inspecting assistants as it deems necessary to carry out the provisions of NRS 449.020 to 449.240, inclusive.
5. To adopt such other rules and regulations as it deems necessary or convenient to carry out the provisions of NRS 449.020 to 449.240, inclusive.
Sec. 325. NRS 449.160 is hereby amended to read as follows:
449.160 The [state department of] health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.020 to 449.240, inclusive, upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of NRS 449.020 to 449.240, inclusive, or of any other law of this state or of the rules and regulations promulgated under NRS 449.020 to 449.240, inclusive.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the patients or employees of the institution.
Sec. 326. NRS 449.170 is hereby amended to read as follows:
449.170 1. When the [state department of] health division denies, suspends or revokes a hospital license, the [department] health division shall send notice thereof by registered mail to the institution concerned, setting forth the reasons for the action taken.
κ1963 Statutes of Nevada, Page 961 (CHAPTER 393, SB 104)κ
suspends or revokes a hospital license, the [department] health division shall send notice thereof by registered mail to the institution concerned, setting forth the reasons for the action taken.
2. Within 30 days after the date of the notice, the applicant or the licensee may give written notice of desire for a hearing, and a hearing, at which the applicant or licensee shall have the right to present evidence, shall be held before the [state department of health.] health division.
3. The hearing before the [state department of] health division shall be conducted according to the rules and regulations adopted by the [state department of health.] health division.
4. Witnesses may be subpenaed by either party to the hearing and shall receive the fees and mileage allowed a witness in civil cases.
5. A record of the proceedings shall be kept but need not be transcribed unless the decision is appealed or a transcript is requested by an interested party, who shall bear the cost of transcription.
6. The [state department of] health division shall render its decision on the basis of the evidence presented and shall send a copy thereof by registered mail to the applicant or licensee. The decision shall be final, subject to the right of appeal.
Sec. 327. NRS 449.180 is hereby amended to read as follows:
449.180 1. Within 30 days from the date of a decision by the [state department of health,] health division an applicant or licensee may appeal the decision to the district court of the county in which the institution is situated.
2. The [state department of] health division shall certify and file with the clerk of the district court a transcript of the hearing.
3. Findings of fact made by the [state department of] health division shall be deemed conclusive unless contrary to the weight of evidence.
4. The district court may remand the case to the [state department of] health division for further evidence or for rehearing, or may affirm, modify or reverse the decision of the [state department of health.] health division.
5. Appeal from the decision may be taken by either party.
Sec. 328. NRS 449.200 is hereby amended to read as follows:
449.200 Information received by the [state department of] health division and records kept under the provisions of NRS 449.020 to 449.240, inclusive, shall be confidential and shall be disclosed only in a proceeding involving the granting or revocation of a license.
Sec. 329. NRS 449.220 is hereby amended to read as follows:
449.220 1. The [state department of] health division may bring an action in the name of the state to enjoin any person, partnership, corporation or association, or any state or local government unit or any agency thereof, from establishing or maintaining any institution within the meaning of NRS 449.020 to 449.240, inclusive:
(a) Without first obtaining a license therefor; or
κ1963 Statutes of Nevada, Page 962 (CHAPTER 393, SB 104)κ
(b) Whose license has been revoked or suspended by the [state department of health.] health division.
2. It shall be sufficient in such action to allege that the defendant did, on a certain date and in a certain place, establish or maintain such institution without a license.
Sec. 330. NRS 449.230 is hereby amended to read as follows:
449.230 Any duly authorized member or employee of the [state department of] health division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.020 to 449.240, inclusive.
Sec. 331. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the hospital is located shall, upon application by the [state department of health,] health division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.020 to 449.240, inclusive.
Sec. 332. NRS 449.245 is hereby amended to read as follows:
449.245 1. No hospital licensed under the provisions of this chapter shall release from such hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to such hospital, to any person other than a parent, guardian or relative by blood or marriage of such child, without a written authorization signed by such living parent, which shall be the mother if unwed, or the guardian specifying the particular person or agency to whom such child may be released and the permanent address of such person or agency.
2. Upon the release or other surrender of physical custody of any minor child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of each such written authorization to the [state welfare department] welfare division of the department of health and welfare before the release or other surrender by it of physical custody of any such minor child. Such copy shall not be withheld by the hospital for any reason whatsoever. Such copy shall be furnished to the [state welfare department] welfare division immediately upon receipt by the hospital of such authorization.
3. Any person to whom any such child is released who thereafter surrenders physical custody of such child to any other person or agency shall, upon demand by the [state welfare department,] welfare division, disclose to the [department] welfare division the name and permanent address of the person or agency to whom physical custody of the child was delivered.
4. All information received by the [state welfare department] welfare division pursuant to the provisions of this section shall be confidential information and shall be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
5. A violation of any provision of this section is a misdemeanor.
Sec. 333. NRS 449.260 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 963 (CHAPTER 393, SB 104)κ
449.260 As used in NRS 449.250 to 449.430, inclusive:
1. Construction includes construction of new buildings, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings, including architects fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of the land.
2. Federal Act means the Hospital Survey and Construction Act, approved August 13, 1946, and its amendments, being c. 958, 60 Stat. 1040, also designated as 41 U.S.C. §§ 291-291n, including, without limiting, the Medical Facilities Survey and Construction Act of 1954, approved July 12, 1954, being c. 471, 68 Stat. 461, also designated as 41 U.S.C. §§ 291o-291v.
3. Health division means the health division of the department of health and welfare.
4. Hospital includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities such as laboratories, out-patient departments, nurses home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
[4.] 5. Nonprofit hospital means any hospital owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
[5.] 6. Public health center means a publicly owned facility for the provisions of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers.
[6.] 7. State department means the [state department of health.
7. State health officer means the executive officer of the state board of health.] department of health and welfare, acting through the health division.
8. Surgeon General means the Surgeon General of the Public Health Service of the United States.
Sec. 334. NRS 449.340 is hereby amended to read as follows:
449.340 1. The state department shall have the authority to establish standards for the maintenance and operation of hospitals which receive federal aid, which standards shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith.
2. A copy of such standards adopted by the state department, [of health,] giving the date that they take effect, shall be filed with the secretary of state, and copies shall be issued in pamphlet form.
3. Any hospital that applies for and accepts federal aid for construction under the state plan does so on condition that the hospital shall qualify under the minimum standards for maintenance and operation adopted, promulgated and enforced by the state department.
4. Any person, partnership, association or corporation establishing, conducting, managing or operating any hospital within the meaning of NRS 449.250 to 449.430, inclusive, who shall violate any of the provisions of this section or regulations lawfully promulgated thereunder shall be guilty of a misdemeanor.
κ1963 Statutes of Nevada, Page 964 (CHAPTER 393, SB 104)κ
the provisions of this section or regulations lawfully promulgated thereunder shall be guilty of a misdemeanor.
Sec. 335. Chapter 452 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, health division means the health division of the department of health and welfare.
Sec. 336. NRS 452.210 is hereby amended to read as follows:
452.210 1. No person, firm or corporation shall build, construct or erect any mausoleum, vault, crypt or structure intended to hold or contain dead human bodies, which shall be wholly or partially above the surface of the ground, except in compliance with the rules and regulations of the state board of health governing their location, materials and construction.
2. The state board of health is authorized and empowered to adopt and the health division to enforce such rules and regulations governing the location, materials and construction of mausoleums, vaults, crypts or other similar structures; but the proper local officials of any incorporated city shall have the authority to make and enforce such additional ordinances, bylaws, rules or regulations as they may deem necessary not inconsistent with NRS 452.210 to 452.270, inclusive, or with any rule or regulation adopted or prescribed by the state board of health.
3. Before commencing the building, construction or erection of the same, full detailed plans and specifications of such structure shall be presented to the [state board of] health division for its examination and approval. The approval of the plans and specifications of such structure shall be evidenced by a certificate in writing signed by the [executive officer of the state board of health.] state health officer.
Sec. 337. NRS 452.220 is hereby amended to read as follows:
452.220 All crypts or catacombs placed in a mausoleum, vault or other burial structure, as described in NRS 452.210, shall be so constructed that all parts thereof may be readily examined by the [state board of health,] health division, or any other health officer, and such crypts or catacombs, when used for the permanent interment of a deceased body or bodies, shall be so hermetically sealed that no offensive odor or effluvia may escape therefrom.
Sec. 338. NRS 452.230 is hereby amended to read as follows:
452.230 1. The [state board of] health division shall have supervisory control over the construction of any such mausoleum, vault or crypt, and [the board] shall:
(a) See that the approved plans and specifications are in all respects complied with.
(b) Appoint an inspector under whose supervision such mausoleum, vault or crypt shall be erected.
(c) Determine the amount of compensation of the inspector. The compensation shall be paid by the person, firm or corporation erecting such mausoleum, vault or crypt.
2. No departure or deviation from the original plans and specifications shall be permitted except upon approval of the [state board of health,] health division, evidenced in like manner and form as the approval of the original plans and specifications.
κ1963 Statutes of Nevada, Page 965 (CHAPTER 393, SB 104)κ
3. No mausoleum, vault, crypt or structure so erected shall be used for the purpose of interring or depositing therein any dead body until there shall have been obtained from the [state board of] health division a final certificate, signed by the [executive officer of the board,] state health officer, stating that the plans and specifications, as filed, have been complied with and that the maintenance fund required by NRS 452.250 has been deposited as provided in NRS 452.250.
Sec. 339. NRS 452.240 is hereby amended to read as follows:
452.240 1. Whenever any mausoleum, vault, crypt or structure heretofore erected, and containing one or more deceased human bodies, shall, in the opinion of the [state board of health,] health division, become a menace to public health, any court of competent jurisdiction may order the person, firm or corporation owning the structure to remove the deceased body or bodies for interment in some suitable cemetery at the expense of the person, firm or corporation owning such mausoleum, vault or crypt.
2. If no such person, firm or corporation can be found in the county where such mausoleum, vault or crypt may be located, then such removal and interment shall be at the expense of the cemetery or cemetery association, county, city or town where such mausoleum, vault or crypt may be situated.
Sec. 340. NRS 457.020 is hereby amended to read as follows:
457.020 As used in this chapter, unless the context requires otherwise:
1. Cancer means all malignant neoplasms, regardless of the tissue of origin, including, malignant lymphoma and leukemia.
2. Council means the Nevada cancer advisory council.
3. [Department means the state department of health.] Health division means the health division of the department of health and welfare.
Sec. 341. NRS 457.070 is hereby amended to read as follows:
457.070 The [department] health division shall:
1. Adopt reasonable rules and regulations for the administration of this chapter, in accordance with the recommendations of the council.
2. Investigate violations of this chapter.
3. Investigate and test the content, method of preparation and use of any drug, medicine, compound or device proposed to be used or used by any person or association in the state for the diagnosis, treatment or cure of cancer.
4. Make findings of fact upon completion of any testing or investigation authorized by this chapter.
5. Hold hearings for the purpose of determining whether any of the provisions of this chapter have been violated. Any such hearing may be held before the council at its discretion. Any administrative action taken by the [department] health division as a result of such hearings shall be taken only upon the recommendation of the council.
6. Contract with independent scientific consultants for specialized services and advice.
Sec. 342. NRS 457.170 is hereby amended to read as follows:
457.170 The [department,] health division, upon the recommendation of the council, may from time to time publish reports based on its investigation or testing of any drug, medicine, compound or device prescribed, recommended or used by any person or association, and when, in the opinion of a majority of the members of the council, the use of any drug, medicine, compound or device in the diagnosis, treatment or cure of cancer constitutes an imminent danger to health or a gross deception of the public, the [department] health division may take appropriate steps to publicize the same.
κ1963 Statutes of Nevada, Page 966 (CHAPTER 393, SB 104)κ
investigation or testing of any drug, medicine, compound or device prescribed, recommended or used by any person or association, and when, in the opinion of a majority of the members of the council, the use of any drug, medicine, compound or device in the diagnosis, treatment or cure of cancer constitutes an imminent danger to health or a gross deception of the public, the [department] health division may take appropriate steps to publicize the same. No such report or part thereof is admissible in evidence in any criminal prosecution.
Sec. 343. NRS 457.180 is hereby amended to read as follows:
457.180 The [department] health division shall submit to the [governor,] director of the department of health and welfare, for submission to the legislature [in January of each year,] at each regular session, a report of its activities during the preceding [calendar year.] biennium.
Sec. 344. NRS 458.010 is hereby amended to read as follows:
458.010 As used in this chapter, unless the context requires otherwise:
1. [Agency means the state alcoholism agency.] Administrator means the administrator of the alcoholism division of the department of health and welfare.
2. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, morals, safety or welfare of himself or any other person or group of persons.
3. Arrested alcoholic means an alcoholic who has found a way to live normally without the use of alcoholic beverages.
4. Board means the state alcoholism advisory board.
5. Director means the director of the [state alcoholism agency.] department of health and welfare.
Sec. 345. NRS 458.030 is hereby amended to read as follows:
458.030 [The state alcoholism agency is hereby created. The agency shall be responsible to the governor and the legislature of the State of Nevada.] The administrator shall administer the provisions of this chapter subject to administrative supervision by the director.
Sec. 346. NRS 458.040 is hereby amended to read as follows:
458.040 1. [The governor shall appoint a director of the agency.
2. The director] The administrator shall be:
(a) An arrested alcoholic who has maintained continued sobriety for 2 years immediately preceding his appointment.
(b) An active member of the group commonly known as Alcoholics Anonymous.
[(c) In the classified service of the state under the provisions of chapter 284 of NRS.
3.] The [director] administrator shall be allowed the per diem expense allowances and travel expenses as fixed by law.
[4. The director shall receive an annual salary which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.]
Sec. 347. NRS 458.043 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 967 (CHAPTER 393, SB 104)κ
458.043 As executive head of the [agency, the director] division, the administrator shall:
1. Direct and supervise all administrative and technical activities as provided by this chapter [.] , subject to administrative supervision by the director.
2. Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the agency may require.
Sec. 348. NRS 458.045 is hereby amended to read as follows:
458.045 The [director] administrator may designate an employee of the agency to act as his deputy. In case of the absence of the [director,] administrator, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy.
Sec. 349. NRS 458.050 is hereby amended to read as follows:
458.050 The [agency] alcoholism division shall:
1. Promote and operate programs for the rehabilitation of alcoholics.
2. Promote, through privately established rehabilitation centers, a system for the employment of arrested alcoholics.
Sec. 350. NRS 458.060 is hereby amended to read as follows:
458.060 The [agency] administrator may make recommendations to the [governor and the legislature] director concerning the promotion and operation of programs for the rehabilitation and care of alcoholics.
Sec. 351. NRS 458.070 is hereby amended to read as follows:
458.070 The [agency] alcoholism division may, in performing its duties:
1. Promote and conduct educational training, preventive programs and research necessary to effectuate the purposes of this chapter.
2. Promote or establish cooperative relations with courts, hospitals, clinics, medical and social agencies, public health authorities, law enforcement agencies, educational research organizations and other related groups.
3. Promote the establishment and operation of public clinics and other public alcoholism facilities in local communities of Nevada.
4. Provide consultation services to public and private agencies and groups.
5. Assist all organizations, fellowships and groups directly associated with problems of alcoholism, including committees and councils affiliated with the National Council on Alcoholism, Incorporated, by providing such organizations with essential materials for furthering programs of prevention of alcoholism and rehabilitation of alcoholics.
6. Cooperate with and assist political subdivisions of the state, educational institutions, religious organizations and other organized groups dealing with problems associated with alcoholism.
Sec. 352. NRS 458.080 is hereby amended to read as follows:
458.080 The [agency] alcoholism division may:
κ1963 Statutes of Nevada, Page 968 (CHAPTER 393, SB 104)κ
1. By contracting with organizations affiliated with the National Council on Alcoholism, Incorporated, or other organizations, render partial financial assistance in the operation of rehabilitation centers established by these groups. Each such contract shall contain a provision allowing the legislative auditor to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.
2. Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the state department of purchasing.
Sec. 353. NRS 458.090 is hereby amended to read as follows:
458.090 The [agency] alcoholism division may, prior to acceptance of severe alcoholic cases by rehabilitation centers, provide for treatment of such cases by hospitals and physicians.
Sec. 354. NRS 458.100 is hereby amended to read as follows:
458.100 The [agency] alcoholism division may accept any gifts or bequests of personal property, tangible or intangible.
Sec. 355. NRS 458.110 is hereby amended to read as follows:
458.110 In addition to the activities set forth in NRS 458.060 to 458.100, inclusive, the [agency] alcoholism division may engage in any activity necessary to effectuate the purposes of this chapter.
Sec. 356. NRS 458.115 is hereby amended to read as follows:
458.115 Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the [director] administrator before they are paid.
Sec. 357. NRS 458.170 is hereby amended to read as follows:
458.170 One member shall be a professional welfare worker engaged in welfare work in Nevada for not less than 5 years immediately preceding his appointment, who is a member of the staff of a [state or] county welfare department [.] or the welfare division of the department of health and welfare. He shall be chosen from a list submitted to the governor by the state welfare board containing the names of at least three such qualified persons.
Sec. 358. NRS 488.335 is hereby amended to read as follows:
488.335 Any marine toilet located on or within any boat operated on waters of this state shall have securely affixed to the interior discharge opening of such toilet a suitable treatment device in operating, condition, constructed and fastened in accordance with regulations of the [state department of] health division of the department of health and welfare or some other treatment facility or method authorized by regulation of the [state department of health.] health division. All sewage passing into or through such marine toilets shall pass solely through such devices.
Sec. 359. NRS 488.355 is hereby amended to read as follows:
488.355 1. Every sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
κ1963 Statutes of Nevada, Page 969 (CHAPTER 393, SB 104)κ
and may stop and board any vessel subject to the provisions of this chapter.
2. Game wardens of this state may enforce the provisions of this chapter when such enforcement can be conveniently accomplished, and such enforcement shall be incidental to the duties of game wardens to enforce the provisions of Title 45 of NRS.
3. All boats located upon waters of this state shall be subject to inspection by the department or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of this chapter.
4. All boats located upon waters of this state shall be subject to inspection by the [state department of] health division of the department of health and welfare or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of NRS 488.315 to 488.335, inclusive.
Sec. 360. NRS 543.590 is hereby amended to read as follows:
543.590 1. After a district has been established, the board shall cause its chief engineer or qualified private engineers or consultants to make a survey of the flood control problems of the district and to prepare a report setting forth:
(a) A description of existing flood control facilities in the area.
(b) Recommendations as to cooperation between the district and the owner or owners of such existing facilities.
(c) Recommendations for the construction or other acquisition of facilities to carry out the purpose of the district, with a preliminary plan therefor.
(d) A description of the property proposed to be acquired or damaged in the performance of work.
(e) A map showing the district boundaries and location of the work proposed to be done.
(f) Such other facts and information as the board may request.
2. Before submission to the board, the report shall be submitted to the [state department of] health division of the department of health and welfare for review of any portions concerning water pollution and shall then be submitted to the state department of conservation and natural resources for revision and comment and returned to the board. In the preparation of the report, the director of the state department of conservation and natural resources and the [state department of] health division may assist in preliminary planning by:
(a) The assignment of state technical, professional and administrative personnel.
(b) Providing engineering and other planning data.
(c) Acting as coordinating and liaison agents between the district and participating local, state and federal agencies.
Funds expended in preliminary planning may, upon application to the director of the state department of conservation and natural resources and to the [state department of health,] division, be refunded, if funds for these purposes have been appropriated by the legislature.
κ1963 Statutes of Nevada, Page 970 (CHAPTER 393, SB 104)κ
refunded, if funds for these purposes have been appropriated by the legislature.
3. The chief engineer for the district shall then prepare a comprehensive program of flood control, taking into consideration the recommendations submitted in the report. When a comprehensive program, satisfactory to the board, and after review by the director of the state department of conservation and natural resources is available, it shall be tentatively adopted. A public hearing on the proposed work shall be scheduled and notice of the hearing shall be given by publication. After hearing and any adjournments thereof which may be ordered, the board may either require changes to be make in the program as the board shall consider desirable or the board may approve the program as prepared. If changes are ordered a further hearing shall be held pursuant to notice which shall be given by publication.
Sec. 361. NRS 583.020 is hereby amended to read as follows:
583.020 Any person who shall knowingly sell any flesh of any diseased animal or any primal cut of meat or any container containing shellfish, if such cut of meat or container does not have an approved stamp authorized by the [state department of health,] health division of the department of health and welfare, is guilty of a gross misdemeanor.
Sec. 362. NRS 583.040 is hereby amended to read as follows:
583.040 1. It shall be unlawful for any person, firm or corporation to sell within this state, or to have within his or its possession with the intent to sell within this state, for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled or kept under insanitary conditions, or any primal cut of meat which is not stamped with an approved stamp authorized by the [state department of health.] health division of the department of health and welfare.
2. Insanitary conditions shall be deemed to exist in any slaughterhouse that does not comply with the provisions of chapter 446 of NRS.
3. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 363. NRS 583.080 is hereby amended to read as follows:
583.030 1. It shall be unlawful for any person, firm or corporation to have in his or its possession, with intent to sell:
(a) The carcass or part of any carcass of any fowl which has died from any cause other than being slaughtered in a sanitary manner; or
(b) The carcass or part of any carcass of any fowl that shows evidence of any disease, or that came from a sick or diseased fowl.
(c) The carcass or part of any carcass of any fowl not processed in an establishment approved by the [state department of] health division of the department of health and welfare or in accordance with poultry regulations adopted by the [state department of health.] health division.
2. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 364. NRS 584.180 is hereby amended to read as follows:
584.180 1. No person, firm, association or corporation shall sell or offer to sell fresh fluid milk or fresh fluid cream in the State of Nevada without obtaining a permit issued by the [state board of] health division of the department of health and welfare pursuant to [its] the regulation of the state board of health governing the sanitation and grading of milk and milk products.
κ1963 Statutes of Nevada, Page 971 (CHAPTER 393, SB 104)κ
Nevada without obtaining a permit issued by the [state board of] health division of the department of health and welfare pursuant to [its] the regulation of the state board of health governing the sanitation and grading of milk and milk products.
2. No such permit shall be required from any person, firm, association or corporation who sells solely to a permittee or purchases solely from a permittee.
Sec. 365. NRS 584.190 is hereby amended to read as follows:
584.190 If it shall appear to the satisfaction of the [state board of] health division of the department of health and welfare that the applicant has complied with the regulations governing the sanitation and grading of milk and milk products, the [board] health division shall cause the dairy farms, milk plants and facilities of the applicant to be inspected as provided by [such regulations.] the regulations of the state board of health.
Sec. 366. NRS 584.195 is hereby amended to read as follows:
584.195 1. If, after the application and inspection, it shall appear to the satisfaction of the [state board of] health division of the department of health and welfare that the applicant has fully complied with the regulations of the state board of health governing the sanitation and grading of milk and milk products, the [board] health division shall issue a permit to the applicant.
2. The [board] health division shall keep a record of all applications for permits and permits issued by it, which shall be a public record.
Sec. 367. NRS 584.200 is hereby amended to read as follows:
584.200 1. Whenever any inspection of the dairy farms, milk plants or facilities of an applicant or a permittee necessitates departing beyond the territorial limits of the State of Nevada, the applicant or permittee on whose behalf such inspection is to be made shall be required to pay the per diem expense allowance and travel expenses of the inspector or inspectors for the amount of their travel beyond the territorial limits of the State of Nevada in an amount equivalent to that paid other state officers performing similar duties. Claims for per diem expense allowances and travel expenses of inspectors shall be paid from the milk inspection revolving fund which is hereby created in the state treasury.
2. After an inspection is made outside the State of Nevada, the [board] health division of the department of health and welfare shall collect from the applicant or permittee an amount of money equal to the expenses incurred for the inspection and deposit the same to the credit of the milk inspection revolving fund.
3. Failure of an applicant or a permittee to pay the amount demanded by the [board] health division pursuant to the provisions of subsection 2 is a ground for the denial, suspension or revocation of a permit. Moneys paid by any applicant or permittee pursuant to the provisions of subsection 2 shall not be refunded.
Sec. 368. NRS 584.210 is hereby amended to read as follows:
584.210 1. Whenever the [board] health division of the department of health and welfare shall have reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of NRS 584.180 to 584.210, inclusive, or any part of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet such regulations or are not reliable or are questionable, or when the [board] health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the state board of health is authorized and empowered, after a hearing, to refuse to grant a permit or suspend or revoke any or all permits previously issued.
κ1963 Statutes of Nevada, Page 972 (CHAPTER 393, SB 104)κ
inclusive, is violating any of the provisions of NRS 584.180 to 584.210, inclusive, or any part of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet such regulations or are not reliable or are questionable, or when the [board] health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the state board of health is authorized and empowered, after a hearing, to refuse to grant a permit or suspend or revoke any or all permits previously issued.
2. The board shall cite the permittee, upon notice stating reasons and given not less than 10 days prior to the date set for the hearing, to appear and show cause, if any he has, whey the permit should not be revoked or suspended. The permittee cited to appear and show cause shall have the right to file an answer, to appear and be heard in person and by counsel, and to present evidence at such hearing.
3. The board shall have the power to conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and to provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.
4. If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board shall have the power to revoke or suspend the permit summarily.
5. The findings of the board and the judgment or order shall be reduced to writing and filed in the permanent public records of the board. The findings shall state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies shall be furnished to the applicant or permittee, and he may, within 30 days after the denial, suspension or revocation of the permit, file an appeal with the district court of the county wherein he resides or has, or intends to have, his principal place of business within this state. Upon the filing of the appeal, the enforcement of the boards order shall be stayed pending final disposition of the appeal. If the order is affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated.
6. In any case where the board refuses to issue a permit, or suspends or revokes a permit, the applicant or accused shall have the right to submit another application for the consideration of the board.
Sec. 369. NRS 585.200 is hereby amended to read as follows:
585.200 The [state board of health] director of the department of health and welfare shall designate and appoint, for the enforcement of this chapter, a commissioner and such other agents as [they] he may deem necessary.
Sec. 370. NRS 630.285 is hereby amended to read as follows:
630.285 1. The board may issue a permit to any qualified applicant to serve as professional employee of the [state department of] health division of the department of health and welfare subject to the provisions of this section.
κ1963 Statutes of Nevada, Page 973 (CHAPTER 393, SB 104)κ
2. The holder of a permit shall:
(a) Practice medicine, surgery and allied specialties only as an employee of the [state department of] health division and under the supervision of the state health officer.
(b) Be a citizen of the United States, or a citizen of Canada who has declared his intention to become a citizen of the United States, and a graduate of an accredited medical school of the United States or Canada, as judged by the board.
(c) Be of good moral character.
3. Before granting any permit to an individual the board shall have in its possession a letter from the state health officer requesting issuance of a permit to that individual to serve as an employee of the [state department of health.] health division.
4. Such permits shall be issued at the meetings of the board, but the president and the secretary of the board may jointly issue permits between meetings of the board, subject to approval at the next meeting of the board.
5. The duration of each permit shall be determined by the board, but shall in no case be in excess of 1 year. One renewal only of a permit for a term not to exceed 1 year may be granted by the board.
6. A permit to serve as an employee of the [state department of] health division does not entitle the holder to engage in the private practice of medicine, surgery or obstetrics as defined in this chapter.
7. Any permit granted pursuant to this section may be revoked by the board at any time for reasons deemed sufficient by the board.
8. The board may adopt and enforce rules and regulations for carrying out the purposes of this section, subject to the provisions of this section.
9. The issuance of a permit to serve as an employee of the [state department of] health division in no way obligates the board to grant any regular license for the practice of medicine, surgery and allied specialties in Nevada.
Sec. 371. NRS 631.270 is hereby amended to read as follows:
631.270 1. The board shall without examination grant a limited license to practice dentistry or dental hygiene in this state to any graduate of a recognized dental school or school of dental hygiene endorsed by the board, and otherwise qualified in the following cases:
(a) Upon request of the state board of health, with the concurrence of the dental members thereof, to a dentist or dental hygienist to serve the [state department of] health division of the department of health and welfare in such institution or area and with such limited duties as may be defined in such request.
(b) Upon request of the governing board of any accredited hospital to a dentist to serve as a dental interne in such institution, with such limited duties as may be defined in such request.
2. No such limited license shall be granted to any person whose license to practice dentistry or dental hygiene has been revoked or to whom a license has been refused.
3. Such limited license shall not permit the holder thereof to open an office for private practice or to receive compensation for the practice of dentistry except such salary as may be paid by the State of Nevada, its legal subdivision, or the institution by which he is employed.
κ1963 Statutes of Nevada, Page 974 (CHAPTER 393, SB 104)κ
an office for private practice or to receive compensation for the practice of dentistry except such salary as may be paid by the State of Nevada, its legal subdivision, or the institution by which he is employed.
4. Such limited license may be revoked by the board at any time, and shall expire by its own limitation 6 months after the date of its issuance, but may be renewed for a similar period at the discretion of the board.
Sec. 372. NRS 631.310 is hereby amended to read as follows:
631.310 1. The holder of a license or current renewal certificate to practice dental hygiene shall have the right to be employed to practice dental hygiene in this state in the following places only:
(a) In the office of any duly licensed dentist.
(b) In a clinic or in clinics in the public schools of this state as an employee of the [state board of health.] health division of the department of health and welfare.
(c) In a clinic or in clinics in a state institution as an employee of the institution.
(d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of such hospital, and under the direct supervision of a member of the dental staff.
2. A dental hygienist in private practice shall practice only under the direct supervision of a dentist licensed in the State of Nevada. No dentist in private practice shall employ more than two dental hygienists at the same time.
Sec. 373. NRS 422.150, 422.170, 423.060, 433.080, 439.260, 443.035 and 443.045 are hereby repealed.
________
κ1963 Statutes of Nevada, Page 975κ
Senate Bill No. 185Committee on Aviation, Transportation and Highways
CHAPTER 394
AN ACT to amend NRS sections 408.175, 408.910, 408.920, 408.925, 408.970 and 408.999, relating to employment of assistants, compliance of highway contractors with state and federal law, partial, withheld and final payment of contractors, acquisition of property for highway purposes, and disposal of property acquired for highway purposes, by authorizing payment of industrial insurance premiums and unemployment compensation contributions of certain highway contractors from moneys withheld for that purpose; by including additional property in estimating progress for partial payment under highway contracts; by allowing payment to highway contractors of retained percentages; by allowing condemnation of property for relocation of structures in the paths of projected freeways; and by providing for participation by the Bureau of Public Roads in proceeds of the sale of certain highway property; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. (There is no section of this number.)
Sec. 2. NRS 408.175 is hereby amended to read as follows:
408.175 Subject to the provisions of chapter 284 of NRS, the engineer shall:
1. Appoint assistant engineers, who shall, in the absence, inability or failure of the engineer, have full authority to perform any duty required or permitted by law to be performed by the engineer.
2. [Appoint] Employ a chief accountant, who shall be charged with the duty of handling the fiscal affairs and facilities of the department.
3. Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.
Sec. 3. NRS 408.910 is hereby amended to read as follows:
408.910 1. Every successful contractor to whom a contract is awarded shall be liable under the provisions of the Nevada Industrial Insurance Act (chapter 616 of NRS), and shall pay the premiums and percentages as required in such act. The Nevada Industrial Insurance Act shall be mandatory and compulsory upon every such contractor. Before paying any money or drawing his warrant in payment to the contractor, the state controller may require satisfactory evidence of the payment of the premiums required under the Nevada Industrial Insurance Act, and he shall withhold payment to the contractor or his assigns until such evidence is provided.
2. Every successful contractor to whom a contract is awarded in accordance with the provisions of this chapter shall be subject to the provisions of the Unemployment Compensation Law (chapter 612 of NRS), and, if determined to be an employer within the provisions of the Unemployment Compensation Law and therefore subject to the payment of contributions as therein provided, shall pay the contributions as required in such law.
κ1963 Statutes of Nevada, Page 976 (CHAPTER 394, SB 185)κ
payment of contributions as therein provided, shall pay the contributions as required in such law. Payment of contributions levied in accordance with the Unemployment Compensation Law shall be mandatory and compulsory upon every contractor qualified as an employer as therein defined. Before paying any money or drawing his warrant in payment to the contractor, the state controller may require satisfactory evidence of the payment of the contributions required under the Unemployment Compensation Law, and he shall withhold payment to the contractor or his assigns until such evidence is provided.
3. If a contractor fails to pay premiums or contributions as required by the provisions of chapter 612 or 616 of NRS, the state controller may make the payments from moneys withheld pursuant to the provisions of subsections 1 and 2.
4. Every successful contractor to whom a contract is awarded shall be subject to the provisions of all federal, state and local laws and the rules, regulations and ordinances created under such laws. Failure to comply with such laws, rules, regulations and ordinances shall be sufficient cause to withhold any moneys due the contractor until compliance therewith.
Sec. 4. NRS 408.920 is hereby amended to read as follows:
408.920 1. The engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place, or on the job site and invoiced, and labor expended thereon. Not more than 90 percent of the contract price of any work shall be paid in advance of full completion and final acceptance of such improvement or construction, except that at any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.
2. The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the contract is completed satisfactorily and finally accepted by the engineer and any authorized representative of the United States Government having supervision of highways within the meaning of this chapter.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department shall be payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor shall be due and payable at the expiration of the 30-day period as provided in NRS 408.900 for filing of creditors claims, and such retained percentage shall be due and payable to the contractor at such time without regard to creditors claims filed with the department.
κ1963 Statutes of Nevada, Page 977 (CHAPTER 394, SB 185)κ
Sec. 5. NRS 408.925 is hereby amended to read as follows:
408.925 1. Before making final payment on any contract as provided in this chapter the engineer shall cause the publication of a notice of the date of final acceptance of the contract for a period of at least 2 weeks in every issue of a newspaper of general circulation in the county wherein the major portion of the contract work was performed, and such notice may also be published each day for a period of at least 10 days in one or more daily newspapers of general circulation throughout the state.
2. No final settlement of the contract shall be made with the contractor until 30 days after the date of such final acceptance of the contract.
3. If the facts so warrant, the engineer, in his discretion, may direct that the retained percentage be paid to the contractor, except for any amount which in the engineers opinion is necessary for completion of the work.
Sec. 6. NRS 408.970 is hereby amended to read as follows:
408.970 1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the department may acquire, in the name of the state, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.
2. Real property or interests therein or personal property for such purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:
(a) For rights-of-way for both present and future needs for highways of all types including highways constructed within towns and cities.
(b) For exchanging the same for other real property to be used for rights-of-way and including such real property, interests therein and improvement thereon to avoid the payment of excessive damages.
(c) For relocating structures which are in the path of a projected highway.
(d) For sites for administrative, storage, communications, maintenance, recreational and historical purposes and necessary appurtenances in connection with such sites.
[(d)] (e) For material sites, including the use of sand, gravel or other roadway material from material sites obtained through option, lease or purchase; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of such highways and their appurtenances.
[(e)] (f) For the culture and support of trees and other flora which will benefit such highways in any way, including the increasing of the scenic beauty of such highways.
[(f)] (g) For drainage in connection with any highway.
[(g)] (h) For the maintenance for an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.
κ1963 Statutes of Nevada, Page 978 (CHAPTER 394, SB 185)κ
[(h)] (i) For the placement of directional signs and other signs, construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.
[(i)] (j) For constructing and maintaining highway cut and fill slopes.
3. Such property and property rights shall be acquired by the department in the name of the state, either by donation, agreement, lease, option, purchase, or through the exercise by the department in the name of and on behalf of the state under the power of eminent domain in the same manner as provided for acquiring property for other public uses except as otherwise provided in this chapter.
4. The entire cost of acquiring such property and property rights, except as otherwise provided in this chapter, shall be paid out of the state highway fund.
5. Whenever a part of a parcel of real property, interests therein or improvements thereon is to be acquired under the provisions of this chapter and the remainder is to be left in such shape or condition as to be of little value to its owner or to give rise to claims or litigation concerning damages, the department may acquire the whole of the same and may sell the remainder or may exchange the same for other property needed for highway purposes.
Sec. 7. NRS 408.999 is hereby amended to read as follows:
408.999 1. All real property, interests therein or improvements thereon and personal property heretofore or hereafter acquired in accordance with the provisions of NRS 408.970 shall, after board approval, be disposed of by the engineer in accordance with the provisions of NRS 408.970 shall, after board approval, be disposed of by the engineer in accordance with the provisions of this section, when such property is found to be no longer required for highway purposes or for other reasonable public use, for not less than such sums of money as may be determined by the board to be for the best interests of the state, except that:
(a) When such property was originally donated to the state, then no charge shall be made for the same if returned to the original owner or to the holder of the reversionary right.
(b) When such property has been wholly or partially paid for by towns, cities, or counties, then disposal of the same and of money received therefor shall be agreed upon by the governing bodies of the towns, cities and counties and the department.
(c) When the title to such real property has been acquired in fee and, in the opinion of the board, such property cannot be sold by means of public auction or sealed bids without working and undue hardship upon a property owner either as a result of a severance of the property of such owner or a denial of access to a public highway, the board may first offer such property to such owner at a price determined by the board to be in the best interest of the state.
2. All such property, interests or improvements shall be sold by the department to the highest bidder bidding for such property either at public auction or by sealed bids, the notice of which and terms of which shall be published in a newspaper of general circulation in the county where such property is situated. Such auctions and bid openings shall be conducted by the department.
κ1963 Statutes of Nevada, Page 979 (CHAPTER 394, SB 185)κ
3. It shall be conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter that the department acted within its lawful authority in acquiring and disposing of such property, and that the engineer acted within his lawful authority in executing any conveyance vesting title in such purchaser. All such conveyances shall be quitclaim in nature and the department shall not warrant title, furnish title insurance or United States documentary stamps.
4. All sums of money received by the department for the sale of such real and personal property shall be deposited with the state treasurer to be credited to the state highway fund [.] , except where the Bureau of Public Roads participated in acquisition of the property, in which case a pro rata share of the moneys obtained by disposal of the property shall be paid to the Bureau of Public Roads.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 223Senator Dial
CHAPTER 395
AN ACT supplementary to and amendatory of an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City, Nevada, to determine whether certain county and township officers should be relieved of their duties and offices as ex officio officers of such city; prescribing the duties of the city council of such city relative thereto; repealing certain acts; and providing other matters properly relating thereto.
[Approved April 19, 1963]
Whereas, Pursuant to the provisions of chapter 319, Statutes of Nevada 1951, at page 525, as amended, and the city election held in May, 1951, in Carson City, Nevada, the offices of county clerk and treasurer, county recorder and auditor, county sheriff and assessor, and district attorney of Ormsby County, Nevada, and the justice of the peace of Carson Township, were constituted also, respectively, ex officio city clerk and treasurer, ex officio city auditor, ex officio city marshal and assessor, ex officio city attorney, and ex officio city recorder in and for Carson City; and
Whereas, It may now be in the best public interest that such offices be divided and made independent; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The intent of the legislature in the enactment of this act is that it shall be deemed supplementary to and amendatory of chapter 43, Statutes of Nevada 1875, at page 87, entitled An Act to incorporate Carson City, approved February 25, 1875, as thereafter amended, and known as the Carson City charter, and to provide herein that the qualified voters of Carson City, Nevada, may at the election as hereinafter set forth determine whether the county officers of Ormsby County, Nevada, and the justice of the peace of Carson Township, designated in the preamble hereof, shall be relieved of their duties as ex officio officers of Carson City, Nevada.
κ1963 Statutes of Nevada, Page 980 (CHAPTER 395, SB 223)κ
election as hereinafter set forth determine whether the county officers of Ormsby County, Nevada, and the justice of the peace of Carson Township, designated in the preamble hereof, shall be relieved of their duties as ex officio officers of Carson City, Nevada.
Sec. 2. 1. Upon the passage and approval of this act, the city council of the city of Carson City shall give notice by publication, in a newspaper published in Carson City, at least once a week for 4 consecutive weeks immediately preceding the next general municipal election to be held on June 3, 1963, that at such election there will be placed upon the official ballot the proposition for the division of the county, township and city offices mentioned in the preamble to this act, in substantially the following terms: Shall the offices of county clerk and treasurer, county recorder and auditor, county sheriff, county assessor, district attorney, and justice of the peace of Carson Township, which are now consolidated, respectively, with the ex officio offices of city clerk and treasurer, city auditor, city marshal, city assessor, city attorney and city recorder, be divided? Yes . No .
2. If a majority of the votes cast at the election is in favor of the division of such offices, such division of offices shall be effective on and after July 1, 1964, and the city council of Carson City, on and after July 1, 1964, shall:
(a) Appoint such city officers as are required to serve the best interests of Carson City and its inhabitants, pursuant to the power vested in it by the Carson City charter;
(b) Cause the transfer of all books, records and documents of the respective former ex officio city officers to the appropriate city offices; and
(c) Cause to be done all acts and things necessary to make this act effective.
Sec. 3. This act shall become effective immediately upon its passage and approval, for the sole purpose of enabling the city council of the city of Carson City to present the proposed question set forth in section 2 of this act to the registered voters of Carson City at the next general municipal election, to be held on June 3, 1963. If a majority of votes cast at such election is not in favor of the proposed division, this act is not effective for any purpose. If a majority of the votes cast at such election is in favor of the proposed division, chapter 319, Statutes of Nevada 1951, at page 525, entitled An Act supplementary to and amendatory of an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex officio officers of such city, prescribing the duties of the board of city trustees relative thereto, and providing the duties of the ex officio officers and other matters connected therewith, approved March 23, 1951, as amended, and all other acts and parts of acts in conflict with this act, are repealed effective on and after July 1, 1964.
________
κ1963 Statutes of Nevada, Page 981κ
Senate Bill No. 252Senator Dial
CHAPTER 396
AN ACT fixing minimum and maximum salary limitations for the elected county officers of Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies of officers of such county; repealing chapter 376, Statutes of Nevada 1957, as amended; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following-named officers of Ormsby County, Nevada, shall receive the following annual salaries to be fixed by the board of county commissioners by resolution or ordinance from time to time within the minimum and maximum amounts as follows:
1. The sheriff shall receive a salary of not less than $6,500 or more than $10,000.
2. The county assessor shall receive a salary of not less than $6,500 or more than $10,000.
3. The district attorney shall receive a salary of not less than $6,500 or more than $10,000.
4. The county clerk and ex officio county treasurer shall receive a salary of not less than $6,500 or more than $10,000.
5. The county recorder and ex officio county auditor shall receive a salary of not less than $6,500 or more than $10,000.
6. Each member of the board of county commissioners of Ormsby County shall receive a salary of not less than $2,400 or more than $3,000.
Sec. 2. Any salary fixed as provided in section 1 of this act shall be in full compensation for all services rendered Ormsby County by each of the officers mentioned in section 1 of this act. All fees and commissions due and payable, charged or received by any county officer, shall be by such officer paid into the general fund of Ormsby County, Nevada; but any fees received by the county recorder and ex officio county auditor as public administrator shall be by that officer retained for his own use and benefit.
Sec. 3. The county officers of Ormsby County may appoint such number of deputies as each shall consider necessary, but the compensation of such deputies, if any, shall first be fixed by the board of county commissioners.
Sec. 4. The county officers of Ormsby County may appoint such number of clerks and stenographers as may be allowed by the board of county commissioners, and the compensation of such clerks and stenographers shall be fixed by the board of county commissioners.
Sec. 5. Chapter 376, Statutes of Nevada 1957, at page 706, entitled An Act concerning elected and appointed officers of Ormsby County, Nevada; fixing the salaries of all county officers in Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies in those offices; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved April 1, 1957, is hereby repealed.
κ1963 Statutes of Nevada, Page 982 (CHAPTER 396, SB 252)κ
and deputies in those offices; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved April 1, 1957, is hereby repealed.
Sec. 6. This act shall become effective on July 1, 1963, except for the purpose of adoption of a resolution or enactment of an ordinance by the board of county commissioners of Ormsby County fixing the salaries of the county officers enumerated in this act commencing on July 1, 1963, for which purpose this act shall become effective upon passage and approval.
________
Assembly Bill No. 508Committee on State, County and City Affairs
CHAPTER 397
AN ACT to amend NRS sections 538.050 and 538.110, relating to the number of commissioners comprising the Colorado River commission of Nevada and the organization of such commission, by placing the director of the department of conservation and natural resources on the commission instead of the governor; providing that the commission shall select a chairman; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.050 is hereby amended to read as follows:
538.050 A commission is hereby created, to be known as the Colorado River commission of Nevada, consisting of five commissioners:
The [governor,] director of the department of conservation and natural resources, and four commissioners to be appointed by the governor.
Sec. 2. NRS 538.110 is hereby amended to read as follows:
538.110 1. Within a reasonable time after the appointment of the commissioners, the commission shall meet upon the call of the [governor] director of the department of conservation and natural resources and effect an organization.
2. [The governor shall be the chairman of the commission.
3.] The commission shall select a [secretary and fix his compensation.] chairman and a secretary, and shall fix the compensation of the secretary.
________
κ1963 Statutes of Nevada, Page 983κ
Assembly Bill No. 346Committee on Ways and Means
CHAPTER 398
AN ACT to amend chapter 286 of NRS, relating to public employees retirement, by adding new sections providing for optional benefits for the surviving spouse, children and parents of members of the public employees retirement system with 2 years of accredited contributing service who die before retirement; to amend NRS section 286.660, relating to the distribution of contributions upon the death of a member before retirement, by making the distribution of such contributions subject to optional benefits for the surviving spouse, children and parents of members with 2 years of accredited contributing service who die before retirement; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 3 to 11, inclusive, of this act;
1. Child includes a legally adopted child or a child of a deceased member.
2. Member does not include a participant in the system who has entered into retirement.
3. Widow includes the surviving husband or wife of a deceased member who is found by the board to have been dependent upon such member for at least 50 percent of his support during the 6 months immediately preceding the death of such member, and who was married to such member for at least 2 years immediately preceding the death of such member.
Sec. 3. If a deceased member has had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death and not less than 6 months of accredited contributing service in the 7 months immediately preceding his death, or if he was receiving at the time of his death a disability allowance under NRS 286.620, certain of his dependents shall be eligible for payments as provided in sections 2 to 11, inclusive, of this act. If the death of such member resulted from a mental or physical condition which required him to leave active service, such eligibility shall extend for 18 months after such member left active service.
Sec. 4. Every unmarried child of deceased member under the age of 18 years may receive the sum of $75 per month. But if there are three or more children, the maximum amount payable on behalf of such children may not exceed $210 per month, and such sum may be paid in equal shares to each of such children. Payments under this section shall terminate with respect to any child upon his adoption, death or marriage, or upon his attaining the age of 18 years. If a financially dependent child is adjudged physically or mentally incompetent by the board, whose decision shall be final, payments may be continued past the age of 18 years but may be terminated by the board at any time upon determination by the board that such dependence and incompetency no longer exist.
κ1963 Statutes of Nevada, Page 984 (CHAPTER 398, AB 346)κ
longer exist. Payments under this section may be made directly to the surviving parent or to a legally appointed guardian of a child. No child may receive payments under more than one entitlement.
Sec. 5. The widow of a deceased member with 2 or more years of accredited service who has been designated by such member as a beneficiary entitled to receive his retirement contributions in case of death, and who has been found by the board to be incapable of gainful employment, may receive the sum of $100 per month. Such payments shall begin upon the first day of the month immediately following the death of such member, and shall cease upon the death or remarriage of his widow, or upon a determination by the board that such widow is capable of gainful employment. All decisions of the board shall be final. If payments are not granted or if they cease before the total amount of contributions made by the deceased member have been received by his widow, the surplus of contributions over payments received shall be paid to the widow. Benefits under this section shall not be renewable following termination.
Sec. 6. 1. The widow of a deceased member with one or more children of such member under the age of 18 years may receive the sum of $100 per month, but such payments shall not be made, or shall cease to be made, if such widow:
(a) Receives regular monthly income which exceeds $3,600 per year after the payment of income taxes;
(b) Enters into employment at a salary which exceeds $3,600 per year after the payment of income taxes; or
(c) Receives a personal income from any source or combination of sources which exceeds $3,600 per year after the payment of income taxes.
2. Every recipient of benefits under this section shall file with the board reports of his income and earnings at such times and in such manner as the board may require. The failure to file such reports shall be sufficient reason for the termination of payments. Upon the cessation of payments to any child under 18 years of age for any of the causes enumerated in section 4 of this act, the continuation of payments to the widow shall be governed by the provisions of section 5 of this act. In any case, payments shall cease upon the death or remarriage of the widow. Benefits under this section shall not be renewable following termination.
Sec. 7. If, at the time of his death, a member had 15 or more years of service, his widow, upon attaining the age of 60 years, may receive the sum of $100 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, a member had 25 or more years of service and did not elect an optional retirement plan as offered in this chapter, his widow, upon attainting the age of 60 years, may receive $125 per month or 50 percent of the average salary received by such member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, shall cease upon the death or remarriage of the widow.
κ1963 Statutes of Nevada, Page 985 (CHAPTER 398, AB 346)κ
remarriage of the widow. Benefits under this section shall not be renewable following termination.
Sec. 8. If payments or refunds are not made under the provisions of sections 4 to 7, inclusive, of this act, the parent of a deceased member who received at least 50 percent of his support from such member may receive $75 per month, and if there are two such parents the sum of $150 per month may be paid in equal shares to each of such parents. Payments to any parent under this section may be made under only one entitlement and shall cease upon the death or remarriage of such parent.
Sec. 9. Any beneficiary eligible for payments under the provisions of sections 5, 6, 7 or 8 of this act may elect to waive payment of a monthly allowance and to receive instead of a lump-sum refund of all contributions to the retirement fund made by a deceased member, but if more than one person is eligible for benefits on account of the contributions of any one deceased member, no such lump-sum payment may be made.
Sec. 10. If payments to a beneficiary under sections 2 to 11, inclusive, of this act cease before the total contributions of a deceased member have been paid in benefits, and there is no person entitled to receive such benefits under any provision of this chapter, the surplus of such contributions over the benefits actually received may be paid in a lump sum to the beneficiary who previously received the payments, or to the estate of such beneficiary, and such lump-sum payment shall fully discharge the obligations of the system.
Sec. 11. Every person entitled to receive payments under NRS 286.600 or NRS 286.610, shall be considered eligible for benefits under sections 2 to 11, inclusive, of this act during the period between the death of a member and the eligibility for benefits under NRS 286.600 or NRS 286.610.
Sec. 12. Any person who knowingly makes a false statement for the purpose of receiving benefits under sections 2 to 11, inclusive, of this act is guilty of a gross misdemeanor.
Sec. 13. NRS 286.660 is hereby amended to read as follows:
286.660 1. If a person who is a member of the system with less than 2 years of accredited contributing service as specified in section 3 of this act dies before retiring, the amount credited at the time of his death to his account in the public employees retirement fund shall be paid directly and without probate or administration to the beneficiaries which he designates.
2. Should more than one beneficiary be named, the amount standing to the credit of the member shall be distributed equally among such persons unless otherwise specifically directed by the member. Full payment by the board to persons designated as beneficiaries shall discharge the board and system completely on account of the death.
3. The death of any named beneficiary, prior to the death of the member, shall operate to distribute the share of the deceased beneficiary in equal shares to the other named beneficiaries who shall survive, but if the deceased beneficiary shall be survived by minor children the share of the deceased beneficiary shall be distributed in equal shares among such surviving minor children.
κ1963 Statutes of Nevada, Page 986 (CHAPTER 398, AB 346)κ
the share of the deceased beneficiary shall be distributed in equal shares among such surviving minor children.
4. Should no beneficiaries survive, or should the member not designate a beneficiary, the amount otherwise due shall be paid directly to the estate of the deceased member.
________
Assembly Bill No. 483Committee on Ways and Means
CHAPTER 399
AN ACT relating to public employees retirement; to amend NRS sections 286.250, 286.300, 286.320, 286.410, 286.430, 286.440, 286.450, 286.520, 286.530, 286.540, 286.550, 286.580, 286.600 and 286.610, by providing that a public employer may elect to pay the matching employer contribution for previous service of a public officer in a lump sum at the conclusion of payments for previous service by the officer; providing that for employees to be eligible for membership in the public employees retirement system they must earn a minimum of $150 per month; removing the $600 salary limit for calculations of contributions and allowances; providing that persons on leave of absence without pay for 30 or more consecutive days may withdraw their contributions during such period and clarifying language relating to withdrawals upon separation from public service; providing that public employees who leave covered employment and withdraw contributions, even though they have failed to elect within 6 months after return to service to repay such contributions, may, after 5 consecutive years of contribution following their return to employment, repay previous contributions in a lump sum plus interest; increasing the maximum allowed earnings per year for a retired employee who returns to the employment of the state or a political subdivision without forfeiture of retirement benefits; establishing dates and ages for various calculations; decreasing the number of years upon which retirement allowances are calculated; increasing contributions from employers and employees; to amend chapter 286 of NRS, relating to public employees retirement, by adding a new section providing for the payment of post-retirement allowances from additional employer and employee contributions; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.300 is hereby amended to read as follows:
286.300 1. A person holding an elective office, if otherwise eligible, may become a member of the system only by giving the board written notice of his desire to do so within 30 days after he takes office, or, if he is not eligible to become a member of the system at the time he takes office, within 30 days after he becomes eligible.
2. If an elective or appointive officer did not or does not choose to become a member of the system in the manner provided in subsection 1, he shall not again be given an opportunity to participate in the system until the start of a new term of office or the expiration of 4 years or more, whichever offers first, at which time, if he is in covered service, he may participate in the system upon notifying the board of his intention to do so.
κ1963 Statutes of Nevada, Page 987 (CHAPTER 399, AB 483)κ
board of his intention to do so. Such officer shall also notify the board whether or not he chooses to pay the amounts which he would have been required to pay in contribution and administrative charges had he previously been a member of the system. Should he choose to make such payments, the public employer by which he was previously employed shall make corresponding payments of employer contributions as required by NRS 286.450. Payment of past contributions by such officer shall be completed within 5 years with interest charged in the same manner as for previously withdrawn retirement contributions. The public employer may elect to pay the amount due from the employer for such previous service in a lump sum at the beginning of payments by the employee or at the conclusion of payments by the employee. Such employer payments shall match the amount paid by the employee. Upon completion of such payments, the service represented thereby shall be credited toward retirement if consistent with the other provisions of this chapter.
Sec. 2. NRS 286.320 is hereby amended to read as follows:
286.320 1. An employee shall be regarded as eligible for membership in the system if his position, on the basis of 1 year of service, would require 1,200 or more hours of service per year. In determining eligibility all positions shall be regarded as continuing for 1 year regardless of anticipated duration, and all incumbents of covered positions shall be eligible regardless of individual tenure.
2. Casual or intermittent employment in periods of less than 1 calendar month shall be credited toward retirement on the basis of 1 calendar month for every 21 days of work.
3. In addition to the requirement of subsection 1 concerning hours of service, a position, to be eligible for coverage, must pay a minimum compensation of $150 for 1 month of service. Where an employees earnings from two or more sources or positions total $150 per month, he shall be eligible for coverage. Fees received in the discharge of official duties or powers, other than the performance of marriages, may be included as part of such compensation, if they are reported to the board in the same manner that other compensation is reported and the employers contribution is paid thereon as provided in NRS 286.450. Persons employed as county commissioners, city councilmen and legislators shall be exempt from this provision.
4. All persons who are contributing at salary rates less than $150 per month on July 1, 1963, shall be permitted to continue such contributions but their successors shall not be so permitted.
Sec. 3. NRS 286.410 is hereby amended to read as follows:
286.410 1. Each employee who is a member of the system shall contribute [5] 5 3/4 percent of the gross compensation earned by him after July 1, [1948,] 1963, as a member of the system. [, but no employee shall be required to contribute on any amount in excess of $600 per month.]
2. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated by the board.
κ1963 Statutes of Nevada, Page 988 (CHAPTER 399, AB 483)κ
3. No portion of the contribution referred to in this section shall be used for administrative expenses.
Sec. 4. NRS 286.430 is hereby amended to read as follows:
286.430 If an employee [,] who is a member of the system and has contributed to the public employees retirement fund [and has not attained his earliest service retirement age,] is separated for any reason [, other than death or disability,] from all service entitling him to membership in the system, he may withdraw from the public employees retirement fund the amount credited to him in his account. A person on leave of absence without pay for 30 or more consecutive days may withdraw his contributions during such period.
Sec. 5. NRS 286.440 is hereby amended to read as follows:
286.440 1. Whenever a member, who has previously withdrawn the amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the system within 5 years after separation from previously covered employment, he may:
(a) Redeposit, with interest, all contributions previously withdrawn; or
(b) Elect to start as a new member.
2. If he should elect to repay his withdrawn contributions, an initial payment upon the withdrawn contributions must be made within 6 months after reemployment, or an agreement containing a schedule of payments must be entered into with the board within 6 months after reemployment. The entire amount of the withdrawn contributions must be repaid, with interest, within 5 years after return to employment where the amount is $1,500 or less, and within 8 years where the amount exceeds $1,500.
3. If an employee has lost the right to repayment through failure to elect to repay the withdrawn contributions within 6 months, he may, after 5 consecutive years of contribution following his return to employment, apply to the board for permission to reinstate such previous service, and the board may permit such repayment in a lump sum if interest is paid from the date of withdrawal to the date of repayment at the interest rate being earned by the retirement fund at the date of the boards approval.
4. If the initial payment is not made or if an agreement is not entered into within 6 months after reemployment or if the entire amount of withdrawn contributions, with interest, is not redeposited within one of the periods provided for in subsection 2 [,] or 3, the privilege of redepositing shall be withdrawn and service prior to the time of reemployment shall not be credited for benefits under the system; but if a reemployed member has repaid a portion of his withdrawn contributions at the conclusion of one of the periods provided for in subsection 2 and has not repaid the entire amount of such withdrawn contributions, he shall be given service credit for the service affected thereby in the same proportion that his repaid contributions bear to the total amount of withdrawn contributions.
[4.] 5. Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which has been relinquished by the withdrawal of such contributions.
κ1963 Statutes of Nevada, Page 989 (CHAPTER 399, AB 483)κ
[5.] 6. A reemployed member, who has elected to repay his withdrawn contributions and is separated from service before any service credit is forfeited under subsection [3,] 4, may, if subsequently reemployed, restore all previous service credit by complying with the provisions of this section.
Sec. 6. NRS 286.450 is hereby amended to read as follows:
286.450 1. Each public employer shall pay into the public employees retirement fund [5] 5 3/4 percent of all gross compensation payable on or after July 1, [1949,] 1963, at intervals prescribed by the board. [, but no public employer shall be required to contribute on any amount in excess of $600 per month for any individual.]
2. No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.
3. Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.
Sec. 7. NRS 286.520 is hereby amended to read as follows:
286.520 1. Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.
2. Persons accepting or receiving the benefits of retirement compensation under this chapter may:
(a) Be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of [$1,200,] $1,800, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
3. Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
κ1963 Statutes of Nevada, Page 990 (CHAPTER 399, AB 483)κ
shall result in the forfeiture of retirement benefits for the period of employment.
4. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada for a political subdivision thereof for not less than 1 calendar month immediately preceding his return.
5. Notwithstanding any other provisions of this section or chapter any retired person who is elected or appointed as a county commissioner, city councilman or legislator may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices.
Sec. 8. NRS 286.530 is hereby amended to read as follows:
286.530 1. Any person accepting or receiving the benefits of a service retirement allowance under this chapter who accepts employment and receives compensation for services from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch or agency thereof participating in the system, shall be regarded, for the purpose of this chapter, as a new member of the system for the period of such reemployment. Upon reentering service retirement, he shall receive a return of his contributions made during reemployment and such retirement allowance under the same conditions as were effective at the time of reemployment.
2. A retired person who returns to employment with the State of Nevada or a participating political subdivision for a minimum period of 12 consecutive months or more shall, at the time of reentry into retirement, be permitted to elect to return to retirement with such retirement allowance and under such conditions as were effective at the time of reemployment or to enter into retirement under conditions which would have been effective at the end of the reemployment period had he not been previously retired, but a recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages as of the original date of protection, if the member chooses a plan other than that originally selected or names a beneficiary other than previously designated.
3. If death should occur during any such period of reemployment, a beneficiary named under the provisions of NRS 286.660 shall be entitled to a refund of contributions made during the period of reemployment, and a beneficiary named under an optional plan of retirement at the time of first retirement shall be entitled to such benefits as the optional plan conferred at that time, if otherwise eligible.
Sec. 9. NRS 286.540 is hereby amended to read as follows:
286.540 1. The objective of this chapter shall be to provide each employee, who is a member of the system with the years of service or attained age specified in this chapter, a disability allowance of the amount provided in this chapter and a total service retirement allowance of 50 percent of his average salary for the [5 consecutive] 3 highest salaried consecutive years of his last 10 years of service for 20 years of service; provided:
[(a) That no sum in excess of $600 in any 1 calendar month or $7,200 in any 1 calendar year shall be used in calculating the average salary; and]
κ1963 Statutes of Nevada, Page 991 (CHAPTER 399, AB 483)κ
$7,200 in any 1 calendar year shall be used in calculating the average salary; and]
[(b)] (a) That the average salary shall be calculated only upon that amount of salary from which retirement deductions have been made or upon which retirement deductions would have been made had the employer been a member of the system at the time of service. Not more than $400 per month may be considered as salary for periods prior to July 1, 1959. Not more than $600 per month may be considered as salary for a period subsequent to June 30, 1959, and prior to July 1, 1963.
[(c)] (b) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members shall be:
Service of 10 years............................................................................................ $75
Service of 11 years.............................................................................................. 80
Service of 12 years.............................................................................................. 85
Service of 13 years.............................................................................................. 90
Service of 14 years.............................................................................................. 95
Service of 15 years............................................................................................ 100
Service of 16 years............................................................................................ 105
Service of 17 years............................................................................................ 110
Service of 18 years............................................................................................ 115
Service of 19 years............................................................................................ 120
Service of 20 years............................................................................................ 125
[(d)] (c) That the minimums established in paragraph [(c)] (b) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. The objective of this chapter shall be deemed applicable to police officers and firemen with 20 continuous years of credit in the system and who have reached the age of 55 years, and to other employees with 20 continuous years of credit in the system and who have reached the age of 60 years.
Sec. 10. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the [5] 3 highest salaried consecutive years of his last 10 years of service; provided:
(a) [That no sum in excess of $600 in any 1 calendar month or $7,200 in any 1 calendar year shall be used in calculating the average salary; and
(b)] That members with more than 20 years of continuous service shall receive an additional 1.5 percent of average salary for each year of service over 20 years to a maximum of 10 such additional years. [Payments] Until the 1st day of the month following the effective date of this act, payments for such additional years shall be applicable only to allowances becoming effective on or after January 1, 1959.
κ1963 Statutes of Nevada, Page 992 (CHAPTER 399, AB 483)κ
to allowances becoming effective on or after January 1, 1959. Thereafter, payments for such additional years shall be applicable in recalculating unmodified allowances for persons retired prior to January 1, 1959. Fractions of such additional years shall be prorated on the basis of 1.5 percent for each full year.
[(c)] (b) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members shall be:
Service of 10 years............................................................................................ $75
Service of 11 years.............................................................................................. 80
Service of 12 years.............................................................................................. 85
Service of 13 years.............................................................................................. 90
Service of 14 years.............................................................................................. 95
Service of 15 years............................................................................................ 100
Service of 16 years............................................................................................ 105
Service of 17 years............................................................................................ 110
Service of 18 years............................................................................................ 115
Service of 19 years............................................................................................ 120
Service of 20 years............................................................................................ 125
[(d)] (c) That the minimums established in paragraph [(c)] (b) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. If the total years of service at retirement is 10 years or more, but less than 20 years, the retirement allowance shall be prorated on the basis of 20 years.
3. In order to be eligible for allowances under this section, unless otherwise specifically provided in this chapter, a police officer or a fireman must have attained the minimum service retirement age of 55 years, and every other employee must have attained the minimum service retirement age of 60 years.
4. On and after July 1, 1961, if a member who has retired under the provisions of this section should die without having elected one of Options 2 to 5, inclusive, as described in NRS 286.590, and before he has received in benefits the amount of his personal contributions to the public employees retirement fund, the surplus of contributions over benefits received shall be paid directly and without probate or administration to the person, if any, whom he designated in writing at the start of his retirement. If no such person is named or a designated beneficiary does not survive, the surplus shall be paid to the estate of the deceased member.
Sec. 11. NRS 286.580 is hereby amended to read as follows:
286.580 1. Until the first payment of his service retirement allowance becomes normally due, a member who has applied for service retirement, except as otherwise provided in NRS 286.600 and 286.610, may elect to convert the allowance otherwise payable on his account after his retirement into a service retirement allowance of equivalent actuarial value of one of the optional forms described in NRS 286.590 [.]
κ1963 Statutes of Nevada, Page 993 (CHAPTER 399, AB 483)κ
[.] , subject to the following limitation: In cases involving the maximum unmodified allowance to the member as provided in NRS 286.550, any reduction in his allowance because of an optional selection shall be based upon the ages of the member and the beneficiary as of the date the member attained his maximum unmodified allowance.
2. The election of a converted allowance under any of the optional plans described in NRS 286.590 shall not be effective until the election, upon a form prescribed by the board, is delivered to the office of the board, but the deposit of such election in the mails, postage prepaid, in an envelope addressed to the board, shall be the equivalent of delivery to the board. The postmark date on such envelope shall be deemed the date of delivery.
3. The election of an optional plan under the provisions of NRS 286.600 or 286.610 must be delivered to the office of the board within 60 days after receipt of the election form by the member or his agent or the election shall be declared invalid and shall be rejected by the board. If an election is rejected by the board for failure to deliver it within the prescribed period, the member may file another application for beneficiary protection and the board may proceed as if the second or succeeding applications were original applications.
4. In case of the death of a member prior to the delivery to the board of a valid election of retirement plan, the benefits payable on his account shall consist of a refund of contributions in accordance with NRS 286.660.
Sec. 12. NRS 286.600 is hereby amended to read as follows:
286.600 1. A member of the system who has become eligible for a service retirement allowance by virtue of attained age and required service may elect to protect a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590 and continue in employment.
2. The allowances payable to the designated beneficiary under the options shall be calculated upon the conditions of service and average salary obtaining on the 1st day of the month in which the application for protection, upon a form prescribed by the board, shall be received in the office of the board.
3. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for an allowance under the terms and conditions of the elected option.
4. The allowance payable to the beneficiary shall be recalculated under the conditions of service and average salary of the member existing at the time of his death and contributions shall not be refundable in any part. The recalculated allowance shall not be less than the original calculation.
5. If the beneficiary should predecease the member, the member may name a beneficiary under NRS 286.660 to receive his retirement contributions in case of his death prior to actual entry into retirement.
6. Should the member enter into actual retirement within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement.
κ1963 Statutes of Nevada, Page 994 (CHAPTER 399, AB 483)κ
the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall not be less than the original calculation.
7. Should the member enter into retirement status at a date in excess of 12 months after the effective date of protection of a beneficiary, he shall be permitted to reelect a retirement option, with a change of beneficiary, if desired, and calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages as of the original date of protection, if the member chooses a plan other than that originally selected or names a beneficiary other than one previously designated hereunder.
8. Protection under this section may be extended to only one person prior to actual entry into retirement.
Sec. 13. NRS 286.610 is hereby amended to read as follows:
286.610 1. A member with 25 or more years of service but who is not yet eligible for retirement by reason of age may elect to protect a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590.
2. The protection to the beneficiary shall be calculated upon the members conditions of service and average salary obtaining on the 1st day of the month in which the application for such protection, upon a form prescribed by the board, shall be received in the office of the board.
3. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, or to such date as the beneficiary would be otherwise eligible for an allowance, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. The anticipated retirement age shall be that age upon which the member could have retired in consideration of service credited at the time of death.
4. Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death.
5. If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under NRS 286.660 to receive his total retirement contributions in case of death prior to actual entry into retirement.
6. Protection under optional plans may be extended to only one person prior to actual entry into retirement status.
κ1963 Statutes of Nevada, Page 995 (CHAPTER 399, AB 483)κ
7. Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received [.] , based upon ages when the member is first eligible to retire.
8. Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection, he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with a change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received [.] , based upon ages when the member is first eligible to retire. If the member does not change selection of retirement option or beneficiary, the period of protection chargeable to him ceases on the date he is first eligible to retire. If the member changes either the selection of retirement allowance or beneficiary, the period of protection chargeable to him ceases on the date of the actual retirement.
Sec. 14. NRS 286.250 is hereby amended to read as follows:
286.250 1. The public employees retirement board revolving fund is hereby created in the sum of $175,000.
2. The public employees retirement board revolving fund shall be used by the board for the purpose of paying retirement and disability allowance, post-retirement allowances and authorized refunds to members of the system and for no other purpose.
3. All claims or demands paid by the board from the public employees retirement board revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state, and, when the claims have been approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the public employees retirement board revolving fund, to be paid to the order of the board, and the state treasurer shall pay the same.
4. The board is directed to deposit the public employees retirement board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.
5. All checks drawn upon the public employees retirement board revolving fund shall be signed by two persons designated by the board, and the persons so designated shall furnish such bond as shall be directed by the state board of examiners.
Sec. 15. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A post-retirement allowance shall be paid from the public employees retirement fund to each member receiving a disability allowance or service retirement allowance under the provisions of this chapter on June 30, 1963, and to each member who first becomes entitled to receive any such disability allowance or service retirement allowance on and after July 1, 1963, as follows: On the 1st day of July in each year following June 30, 1963, or the calendar year in which any monthly disability allowance or service retirement allowance was first paid, whichever last occurs, there shall be added to such monthly disability allowance or service retirement allowance and paid to the member monthly thereafter an amount equivalent to 1.5 percent of the amount of such monthly disability allowance or service retirement allowance as originally computed, approved and paid.
κ1963 Statutes of Nevada, Page 996 (CHAPTER 399, AB 483)κ
service retirement allowance under the provisions of this chapter on June 30, 1963, and to each member who first becomes entitled to receive any such disability allowance or service retirement allowance on and after July 1, 1963, as follows: On the 1st day of July in each year following June 30, 1963, or the calendar year in which any monthly disability allowance or service retirement allowance was first paid, whichever last occurs, there shall be added to such monthly disability allowance or service retirement allowance and paid to the member monthly thereafter an amount equivalent to 1.5 percent of the amount of such monthly disability allowance or service retirement allowance as originally computed, approved and paid.
________
Senate Bill No. 86Senator Whitacre
CHAPTER 400
AN ACT authorizing the Walker River Irrigation District, with the consent of the California-Nevada interstate compact commission of the State of Nevada, to issue its bonds in an aggregate principal amount not exceeding $957,000, to improve the Districts irrigation works by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River, and of other works appurtenant or incidental thereto; otherwise relating to such bonds and to the levy and collection of annual assessments and general taxes for their payment; specifying powers, duties, rights, privileges, liabilities and limitations, and prescribing other details in connection therewith; making provisions pertaining thereto and relating to finances, loans, bonds and other obligations, special assessments, and general taxes; ratifying proceedings and actions previously taken; and providing other matters properly relating thereto.
[Approved April 26, 1963]
Whereas, The board of directors of the Walker River Irrigation District (herein sometimes designated as the board and as the District, respectively), in the counties of Lyon and Douglas and State of Nevada, has determined that the interests of the District and the public interest and necessity demand the improvement of the irrigation works of the District by the construction and other acquisition of a dam and reservoir at Hoye Canyon on West Walker River, and of other works appurtenant or incidental thereto (herein sometimes designated as the Project); and
Whereas, At a special election held at the same time as the general election of the District on Tuesday, the 4th day of April 1961 (herein sometimes designated as the election), there was submitted to the qualified electors of the District and approved by substantially in excess of two-thirds of the valid votes cast a question authorizing the District to issue its bonds (herein sometimes designated as the bonds), in the aggregate principal amount of $957,000, or so much thereof as may be necessary, to defray the cost of the Project, in conjunction with but not for the construction of the equalizer canal as already approved and financed by Small Projects fund; and
κ1963 Statutes of Nevada, Page 997 (CHAPTER 400, SB 86)κ
Whereas, The board caused to be made a list of apportionment of benefits and costs of the work in connection with the Project and met on the 10th day of July 1961, for the purpose of reviewing such apportionment of benefits, after due notice of such hearing, and thereafter duly apportioned such benefits; and
Whereas, The district court in and for the county of Lyon and State of Nevada, after due hearing, notice thereof and other preliminary proceedings, on the 30th day of August 1961, entered its decree reciting that the full faith and credit of the District is pledged to the punctual payment of the principal of and interest on the bonds, and confirming all proceedings theretofore taken preliminary to and in the holding of the election, preliminary to and in the issuance of the bonds, and preliminary to and in the apportionment of benefits from the Project preliminary to the levy of annual assessments upon lands within the District for the payment of the bonds, both principal and interest; and
Whereas, The board and officers of the District have been unable to market and issue any of the bonds on any terms deemed reasonable by the board; and
Whereas, The board and officers of the District have diligently proceeded with the Project in the manner contemplated when the bonds were authorized at the election; and
Whereas, In view of all facts and circumstances existing at that time and thereafter, the delay in issuing the bonds is reasonable, prudent and necessary; and
Whereas, The conditions of the District have not changed materially since the time the electors authorized the issuance of the bonds, except that the need for the Project has increased, and thus it is not inequitable to issue the bonds; and
Whereas, The purpose for which the bonds were originally authorized to be issued by the electors continues to be necessary; and
Whereas, At no time has there been an abandonment by the District of the right to deliver the bonds so authorized; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. With the consent of the California-Nevada interstate compact commission of the State of Nevada created pursuant to the provisions of NRS 538.280 first had and obtained and evidenced by a resolution adopted by and entered in the minutes of the California-Nevada interstate compact commission of the State of Nevada, the board of directors of the Walker River Irrigation District, in the counties of Lyon and Douglas and the State of Nevada, in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, upon behalf of the District, without the necessity of an election or other or further preliminaries, to issue the Districts negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $957,000, or such lesser amount as may be necessary, for the purpose of improving the irrigation works of the District by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River, and of other works appurtenant or incidental thereto (in conjunction with the construction of the equalizer canal as already approved and financed by Small Projects fund, none of the bond proceeds to be used for the equalizer canal).
κ1963 Statutes of Nevada, Page 998 (CHAPTER 400, SB 86)κ
District by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River, and of other works appurtenant or incidental thereto (in conjunction with the construction of the equalizer canal as already approved and financed by Small Projects fund, none of the bond proceeds to be used for the equalizer canal).
Sec. 2. The payment of such bonds shall be additionally secured by a pledge of all or a part of the proceeds derived from the annual assessments to be levied upon lands in the District according to the apportionment of benefits as heretofore modified and confirmed, pursuant to the provisions of the Nevada Irrigation District Act, as from time to time amended, and now cited as chapter 539 of NRS.
Sec. 3. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board to defray the cost of the Project, including all proper incidental expenses.
2. Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the board, below par at a discount not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the District of more than 6 percent per annum computed to maturity according to standard tables of bond values to the extent the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the Project.
3. No discount (except as therein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
4. The board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.
5. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the District from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, apportioning benefits, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the Project, the taking of options, the issuance of bonds and other securities, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any construction or other reasonable period, and of a reserve fund to secure additionally the payment of the interest on and principal of the bonds, the filing or recordation of instruments, the levy and collection of assessments and any installments thereof, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the board.
κ1963 Statutes of Nevada, Page 999 (CHAPTER 400, SB 86)κ
period, and of a reserve fund to secure additionally the payment of the interest on and principal of the bonds, the filing or recordation of instruments, the levy and collection of assessments and any installments thereof, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the board.
6. Any unexpected balance of such bond proceeds remaining after the completion of the Project shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the acquisition of the Project.
8. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the District or any of its officers, agents and employees.
9. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.
Sec. 4. 1. If the special fund created by the proceeds of the annual assessments levied and collected pursuant to the provisions of the Nevada Irrigation District Act, as amended, is insufficient to pay the bonds and interest thereon as they become due, the deficiency shall be paid out of any general fund, reserve fund or any other available revenues of the District.
2. If any general fund, reserve fund or other available revenues of the District shall be insufficient to pay any such deficiency promptly, the board shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the District which is by law taxable for state, county and municipal purposes, including the net proceeds of mines, without regard to any statutory limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to tome amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 5. 1. Bonds issued pursuant hereto shall be a debt of the District, and the District shall thereby pledge its full faith and credit for their payment. Bonds shall be payable out of any funds of the District available therefor, including but not necessarily limited to annual assessments and any general tax proceeds.
2. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the District, except for the annual assessments, general tax proceeds, and any other moneys available for the payment of bonds.
κ1963 Statutes of Nevada, Page 1000 (CHAPTER 400, SB 86)κ
mortgage or other pledge of property of the District, except for the annual assessments, general tax proceeds, and any other moneys available for the payment of bonds. No property of the District, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
3. Any resolution authorizing the issuance of bonds shall provide for the creation, accumulation and maintenance of a reasonable reserve fund from bond proceeds to secure additionally the payment of the interest on and the principal of the bonds. Such reserve fund may be augmented by annual assessments or any other revenues, as the board may determine.
Sec. 6. Each series of bonds shall be authorized by resolution of the board.
Sec. 7. 1. Any resolution authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.
2. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 8. 1. The bonds of any series hereunder shall:
(a) Be of convenient denominations.
(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal alone, or as to both principal and interest.
(c) Be issued at one time or from time to time in one series or more.
(d) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 40 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment or principal, or both such installments, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board, without limitation as to the amounts and the manner in which the bonds mature.
(e) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year.
(f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, unless they be registered for payment as to both principal and interest, each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it is attached.
(g) Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board.
(h) Be printed at such place or places, within or without the state, as the board may determine.
2. Any resolution authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the board may determine and state therein.
κ1963 Statutes of Nevada, Page 1001 (CHAPTER 400, SB 86)κ
provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the board may determine and state therein.
3. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon.
4. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the resolution or resolutions authorizing the bonds, except as herein otherwise provided.
5. Pending preparations of the definitive bonds, temporary bonds, in such form and with such provisions as the board may determine, may be issued.
6. Subject to the payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law (chapter 92 of NRS).
7. Notwithstanding any other provision of law, the board in any proceedings authorizing bonds hereunder may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 7 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable, either as to principal, or both principal and interest, or both, at the option of the holder.
8. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
9. Any other bond may be reissued upon such conditions as the board may determine.
κ1963 Statutes of Nevada, Page 1002 (CHAPTER 400, SB 86)κ
10. Any bond shall be executed in the name of and on behalf of the District, signed by the president of the District, countersigned by the secretary thereof, with the seal of the District affixed thereto.
11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the secretary of the District.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized; provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. (Such a filing is not a condition precedent to the execution of any coupon.)
13. The secretary may cause the seal of the District to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
14. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the District, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 9. Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 10. 1. The general obligation bonds authorized to be issued under the provisions hereof shall be payable, if necessary, from general (ad valorem) taxes levied against all the taxable property in the District, including the net proceeds of mines.
2. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the District, without limitation as to rate or amount, and without regard to any statutory limitation now or hereafter existing.
3. It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.
4. Any such tax levy shall enjoy the same priority as provided in subsection 3 of section 4 of this act.
5. Nothing herein contained shall be construed as prohibiting the board from paying such principal and interest from the proceeds of annual assessments and any other available revenues, and the levy or levies of general taxes herein provided shall be diminished or made unnecessary to the extent such assessment proceeds and other revenues are available for the payment of such principal and interest.
κ1963 Statutes of Nevada, Page 1003 (CHAPTER 400, SB 86)κ
annual assessments and any other available revenues, and the levy or levies of general taxes herein provided shall be diminished or made unnecessary to the extent such assessment proceeds and other revenues are available for the payment of such principal and interest.
Sec. 11. 1. Before the board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the treasurer of the District in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds.
(b) The time of payment.
(c) The rate of interest the bonds bear.
3. After registration by the treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the District, upon payment being made therefor on the terms of the sale or sales.
Sec. 12. Whenever the treasurer of the District shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the secretary of the District, taking his receipt therefor, which receipt shall be filed with the secretarys records. The secretary shall credit the treasurer on his books for the amount so paid.
Sec. 13. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 14. The exercise of any power herein authorized by the board upon behalf of the District has been determined, and is hereby declared, to effect a public purpose; and the acquisition of the Project, as herein authorized, shall effect a public use.
Sec. 15. 1. This act, without reference to other statutes of the state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted, including but not limited to:
(a) The acquisition of the Project, subject, however, to the provisions of the Nevada Irrigation District Act.
(b) The borrowing of money and the issuance of bonds or other securities to evidence such loans.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
3. No board, agency, bureau, commission or official, other than the board of the District, shall have authority to fix, prescribe, modify, supervise or regulate the levy or collection of special assessments or other taxes herein designated, except as herein expressly provided or necessarily implied, nor to supervise or regulate the acquisition of the Project herein authorized.
κ1963 Statutes of Nevada, Page 1004 (CHAPTER 400, SB 86)κ
4. The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the Districts board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
5. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.
6. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the District, its board, or any officer, agent or employee thereof, by the Nevada Irrigation District Act, or otherwise.
7. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not and exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 16. 1. All acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the District under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all bonds and other obligations of the District, are hereby validated, ratified, approved and confirmed including but not necessarily limited to, the terms, provisions, conditions and covenants of any resolution appertaining thereto, the apportionment of benefits from the Project, the levy and collection of annual assessments and of any other revenues appertaining to bonds and such other obligations, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such bonds and other obligations, except as hereinafter provided, notwithstanding any lack of power, authority, or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such bonds, other obligations, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including without limiting the generality of the foregoing, such acts and proceedings appertaining to such bonds all or any part of which have heretofore not been issued nor purportedly issued.
2. Such outstanding bonds and other obligations are and shall be, and such bonds heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the District in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had nor taken, nor purportedly had nor taken, but required by and in substantial and due compliance with laws appertaining to any such bonds heretofore not issued nor purportedly issued.
Sec. 17. 1. This act shall operate to supply such legislative authority as may be necessary to validate and bonds heretofore issued, other obligations heretofore incurred, and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such bonds were issued, such obligations incurred, and such acts or proceedings were taken.
κ1963 Statutes of Nevada, Page 1005 (CHAPTER 400, SB 86)κ
for in the law under which such bonds were issued, such obligations incurred, and such acts or proceedings were taken.
2. This act, however, shall be limited to the validation of bonds, other obligations, acts and proceedings to the extent to which the same can be effectuated under the state and federal constitutions.
3. Also this act shall not operate to validate, ratify, approve, confirm or legalize any bond, other obligation, act, proceedings, or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and shall not operate to confirm, validate or legalize any bond, other obligation, act, proceeding or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.
Sec. 18. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 19. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 20. Any act, or part thereof, in conflict with this act is hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, or part thereof, heretofore repealed.
Sec. 21. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 22. This act shall become effective upon passage and approval.
________
Senate Bill No. 85Senator Whitacre
CHAPTER 401
AN ACT to amend chapter 539 of NRS, relating to irrigation districts, by adding new sections relating to general (ad valorem) taxes; providing for the levy and collection of such taxes to secure additionally the payment of bonds of such districts issued after the effective date of this act and prior to March 1, 1965, to defray accruing defaults or deficiencies therein, and to create a reserve fund therefor; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 539 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. In addition to the other means of providing revenue for districts as provided in this chapter, the board of directors shall have power and authority with respect to bonds issued after the effective date of this amendatory act and prior to March 1, 1965, and under certain circumstances as set forth in sections 2 to 8, inclusive, of this act or as may be otherwise provided by law, to levy and collect general (ad valorem) taxes on and against all taxable property within the district for the purpose of additionally securing the payment of any bonds issued under the provisions of this chapter after the effective date of this amendatory act and prior to March 1, 1965.
κ1963 Statutes of Nevada, Page 1006 (CHAPTER 401, SB 85)κ
districts as provided in this chapter, the board of directors shall have power and authority with respect to bonds issued after the effective date of this amendatory act and prior to March 1, 1965, and under certain circumstances as set forth in sections 2 to 8, inclusive, of this act or as may be otherwise provided by law, to levy and collect general (ad valorem) taxes on and against all taxable property within the district for the purpose of additionally securing the payment of any bonds issued under the provisions of this chapter after the effective date of this amendatory act and prior to March 1, 1965.
Sec. 3. Any resolution authorizing the issuance of bonds under the provisions of this chapter or as may be otherwise provided by law shall provide for the creation, accumulation and maintenance of a reasonable reserve fund from bond proceeds to secure additionally the payment of the interest on and the principal of the bonds. Such reserve fund may be augmented by annual assessments or other revenues, as the board of directors may determine.
Sec. 4. 1. If the special fund created by the proceeds of the annual assessments levied and collected pursuant to the provisions of this chapter is insufficient to pay the principal of and the interest on the bonds as they become due, the deficiency shall be paid out of any general fund, reserve fund or any other available revenues of the district.
2. If any general fund, reserve fund and other available revenues of the district are insufficient to pay any such deficiency promptly, the board of directors shall then levy and it shall be its duty to levy general (ad valorem) taxes.
Sec. 5. 1. To levy and collect taxes, the board of directors shall:
(a) Determine in each year the amount of money necessary to be raised by general (ad valorem) taxation, taking into consideration other sources of revenue of the district; and
(b) Fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district and together with other revenues, will raise the amount required by the district annually to supply funds for paying promptly in full, when due, all interest on and principal of bonds of the district.
In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 6 of this amendatory act.
2. The board of directors shall certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed, with directions that at the time and in the manner required by law for levying taxes for county purposes, such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
3. The board of directors shall levy such general (ad valorem) taxes upon all property in the district which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation now or hereafter existing and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
κ1963 Statutes of Nevada, Page 1007 (CHAPTER 401, SB 85)κ
tax limitation now or hereafter existing and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
4. Any such general (ad valorem) tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 6. 1. The board of directors, in certifying annual levies as provided in section 5 of this amendatory act, shall take into account for the ensuing year maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.
2. In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on its bonds and interest thereon and to pay defaults and deficiencies, then the board of directors shall make such additional levies of taxes as may be necessary for such purposes, and notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds of the district, both principal and interest, shall be fully paid.
Sec. 7. 1. The body having authority to levy taxes within each county shall levy the general (ad valorem) taxes provided in this chapter. All officials charged with the duty of collection taxes shall collect such taxes at the time and in the form and manner and with like interest and penalties as other general (ad valorem) taxes are collected and, when collected, shall pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.
2. All taxes levied under this chapter, together with interest thereon and penalties for default in payment thereof and all costs of collecting the same, shall, until paid, constitute a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of other general taxes, and no sale of such property to enforce any general tax or other lien shall extinguish the perpetual lien of such district taxes.
Sec. 8. If the general (ad valorem) taxes levied are not paid as provided in this chapter, the property subject to the tax lien shall be sold, and the proceeds thereof shall be paid over to the district according to provisions of the laws applicable to tax sales and redemptions.
Sec. 9. Any act or part thereof in conflict with this act is hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act or part thereof heretofore repealed.
Sec. 10. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity of unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
κ1963 Statutes of Nevada, Page 1008 (CHAPTER 401, SB 85)κ
shall for any reason be held to be invalid or unenforcible, the invalidity of unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 299Committee on Judiciary
CHAPTER 402
AN ACT resolving conflicts in statutes resulting from the consolidation of the legislative counsel bureau and the statute revision commission; to amend the title of and to amend chapter 14, Statutes of Nevada 1963, entitled An Act to amend chapter 220 of NRS, relating to the statute revision commission, by adding a new section allowing the commission to accept gifts or bequests of money for printing and binding; and providing other matters properly relating thereto, approved February 20, 1963; to amend the title of and to amend chapter 40, Statutes of Nevada 1963, entitled An Act to amend chapter 218 of NRS, relating to the state legislature, by adding a new section authorizing the legislative counsel to employ required personnel to carry out legislative functions between sessions; and providing other matters properly relating thereto, approved March 5, 1963; to amend the title of and to amend chapter 117, Statutes of Nevada 1963, entitled An Act to amend chapters 218, 623, 624, 625, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 642, 643, 644 and 645 of NRS, relating to the state legislative department and certain professions, occupations and businesses, by adding new sections requiring independent audits by public accountants of the fiscal records of such boards and commissions; providing for audits by the legislative auditor under certain conditions; requiring such boards and commissions to operate on the basis of a fiscal year; providing for salaries and expenses of members of such boards and commissions; and authorizing such boards and commissions to maintain offices in as many localities in the state as they find necessary and to employ attorneys and other professional consultants and clerical personnel necessary to the discharge of their duties; to amend NRS sections 281.160, 623.070, 623.090, 623.135, 623.160, 623.170, 624.110, 624.140, 624.150, 625.110, 625.120, 625.150, 628.090, 628.110, 628.140, 629.050, 630.110, 631.180, 631.190, 632.060, 632.080, 632.090, 633.020, 633.030, 634.050, 635.020, 635.040, 636.075, 636.090, 636.100, 636.110, 637.050, 637.060, 637.070, 638.040, 638.050, 638.070, 638.080, 639.050, 639.070, 639.290, 640.050, 640.070, 642.030, 642.070, 643.030, 643.050, 643.060, 644.070, 644.080, 644.150, 644.170, 645.110, 645.130 and 645.140, relating to the boards and commissions which regulate certain professions, occupations and businesses, by making an exception to the general law relating to travel expenses and subsistence allowances of state officers and employees; by providing for salaries and expenses of the members of such boards and commissions, authorizing such boards and commissions to maintain offices in as many localities in the state as they find necessary; by authorizing such boards and commissions to employ attorneys and other professional consultants and clerical personnel necessary to the discharge of their duties; and by requiring such boards and commissions to deposit their funds in banks or savings and loan associations in the State of Nevada; and providing other matters properly relating thereto, approved March 25, 1963; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of chapter 14, Statutes of Nevada 1963, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 1009 (CHAPTER 402, SB 299)κ
Section 1. Chapter 220 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The legislative commission may accept gifts, grants and bequests of moneys from any public or private source, which moneys shall be deposited in the [statute revision commission] legislative counsel bureau printing and binding fund and used for the purposes of NRS 220.150.
Sec. 2. The title of chapter 14, Statutes of Nevada 1963, is hereby amended to read as follows:
An Act to amend chapter 220 of NRS, relating to [the statute revision commission,] the revision of statutes, by adding a new section allowing the legislative commission to accept gifts or bequests of money for printing and binding; and providing other matters properly relating thereto.
Sec. 3. Section 1 of chapter 40, Statutes of Nevada 1963, is hereby amended to read as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding the provisions of NRS 218.150 and NRS 218.180, between sessions of the legislature, the [legislative counsel] director of the legislative counsel bureau, with the approval of the legislative commission, may appoint such technical, clerical and operational staff as the functions and operations of the legislature may require.
Sec. 4. The title of chapter 40, Statutes of Nevada 1963, is hereby amended to read as follows:
An Act to amend chapter 218 of NRS, relating to the state legislature, by adding a new section authorizing the [legislative counsel] director of the legislative counsel bureau to employ required personnel to carry out legislative functions between sessions; and providing other matters properly relating thereto.
Sec. 5. Section 1 of chapter 117, Statutes of Nevada 1963, is hereby amended to read as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, and chapters 628 to 645, inclusive, of NRS shall engage the services of an independent certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.
2. A report of each such audit shall be filed with the [legislative auditor] fiscal analyst of the legislative counsel bureau and the [budget] director of the budget on or before December 1 of each year. The [legislative auditor] fiscal analyst of the legislative counsel bureau shall prescribe the shape, size and general style or makeup of the report.
3. The [legislative auditor] fiscal analyst of the legislative counsel bureau may audit the fiscal records of any such board or commission only if the legislative commission is dissatisfied with the independent audit and directs the [legislative auditor] fiscal analyst to perform an audit.
κ1963 Statutes of Nevada, Page 1010 (CHAPTER 402, SB 299)κ
perform an audit. The cost of any such audit shall be paid by the legislative counsel bureau.
Sec. 6. The title of chapter 117, Statutes of Nevada 1963, is hereby amended to read as follows:
An Act to amend chapters, 218, 623, 624, 625, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 642, 643, 644 and 645 of NRS, relating to the state legislative department and certain professions, occupations and businesses, by adding new sections requiring independent audits by public accountants of the fiscal records of such boards and commissions; providing for audits by the [legislative auditor] fiscal analyst of the legislative counsel bureau under certain conditions; requiring such boards and commissions to operate on the basis of a fiscal year; providing for salaries and expenses of members of such boards and commissions; and authorizing such boards and commissions to maintain offices in as many localities in the state as they find necessary and to employ attorneys and other professional consultants and clerical personnel necessary to the discharge of their duties; to amend NRS sections 281.160, 623.070, 623.090, 623.135, 623.160, 623.170, 624.110, 624.140, 624.150, 625.110, 625.120, 625.150, 628.090, 628.110, 628.140, 629.050, 630.110, 631.180, 631.190, 632.060, 632.080, 632.090, 633.020, 633.030, 634.050, 635.020, 635.040, 636.075, 636.090, 636.100, 636.110, 637.050, 637.060, 637.070, 638.040, 638.050, 638.070, 638.080, 639.050, 639.070, 639.290, 640.050, 640.070, 642.030, 642.070, 643.030, 643.050, 643.060, 644.070, 644.080, 644.150, 644.170, 645.110, 645.130 and 645.140, relating to the boards and commissions which regulate certain professions, occupations and businesses, by making an exception to the general law relating to travel expenses and subsistence allowances of state officers and employees; by providing for salaries and expenses of the members of such boards and commissions, authorizing such boards and commissions to maintain offices in as many localities in the state as they find necessary; by authorizing such boards and commissions to employ attorneys and other professional consultants and clerical personnel necessary to the discharge of their duties; and by requiring such boards and commissions to deposit their funds in banks or savings and loan associations in the State of Nevada; and providing other matters properly relating thereto.
________
κ1963 Statutes of Nevada, Page 1011κ
Senate Bill No. 24Senators Berrum, Bissett, Brown, Dodge, Fransway, Lamb, McGowan, Monroe and Parks
CHAPTER 403
AN ACT to amend NRS sections 218.085, 218.185, 218.190, 218.240 to 218.260, inclusive, 218.480, 218.500, 218.510, 218.620 to 218.640, inclusive, 218.660, 218.670, 218.690, 218.700, 218.720, 218.740, 218.770 to 218.890, inclusive, 220.040, 220.080 to 220.170, inclusive, 233.080, 331.105, 353.060 to 353.080, inclusive. 353.210, 353.263, 354.380, 412.235, 458.080 and 482.200, relating to bill, resolution, journal and history books, the amendment clerk, the preparation of legislative measures and the Statutes of Nevada, the legislative counsel bureau, the legislative counsel, the legislative auditor and their powers and duties, the director, employees and powers and duties of the statute revision commission, the preparation, contents, printing and sale of Nevada Revised Statutes, the central mailing room, counts of money in the state treasury, estimates of expenditures by state agencies, the state board of examiners emergency fund, the state alcoholism agency, inventories of federal military property, and destruction of unused motor vehicle license plates, the legislative fund, the compilation of legislative journal indices, the legislative commission, its meetings and secretary, the availability of information and records concerning public funds with respect to the legislative counsel, and the Nevada commission on equal rights of citizens, by creating the office of the director of the legislative counsel bureau and three divisions within the legislative counsel bureau; providing for the appointment, compensation and qualifications of the legislative counsel, the research director and the fiscal analyst and their powers and duties; and by abolishing the statute revision commission and the position of legislative auditor; to amend chapter 218 of NRS, relating to the state legislature, by adding new sections prescribing the duties of the heads of the divisions of the legislative counsel bureau; transferring funds; to repeal NRS sections 218.710, 218.730, 218.760, 220.010 to 220.030, inclusive, and 220.050 to 220.070, inclusive, relating to the legislative counsel, the legislative auditor, his appointment and salary, and to the statute revision commission; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.185 is hereby amended to read as follows:
218.185 1. During each session of the legislature, employees of the senate and assembly shall compile and prepare sets of bill, resolution, journal and history books for:
(a) The officers and members of the senate and assembly without cost to such persons.
(b) Selected staff members of the [statute revision commission and of the] legislative counsel bureau without cost to such persons.
(c) The press room in the capitol building for use of accredited press representatives, but not more than four such sets of books shall be compiled and prepared without cost.
(d) Persons other than those enumerated in paragraphs (a), (b) and (c) upon application to the legislative counsel bureau and the payment of a fee of $35.
2. All fees collected under the provisions of this section shall be deposited in the legislative fund in accordance with the provisions of NRS 353.250.
Sec. 2. NRS 218.190 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 1012 (CHAPTER 403, SB 24)κ
218.190 1. The [director of the statute revision commission] legislative counsel shall appoint an amendment clerk who shall serve both houses of the legislature without favor. All bills and resolutions of both houses designated for reprinting, engrossment, reengrossment and enrollment shall be routed directly through the office of the amendment clerk.
2. As directed by the secretary of the senate and the chief clerk of the assembly, the amendment clerk shall immediately insert all bill and resolution amendments adopted by the respective houses preparatory to reprinting, engrossment, reengrossment and enrollment.
3. As directed by the secretary of the senate and the chief clerk of the assembly, and in cooperation with the committees concerned, the amendment clerk shall have immediate supervision of the work of the engrossment and enrollment employees of both houses.
Sec. 3. NRS 218.240 is hereby amended to read as follows:
218.240 1. The [director and employees of the statute revision commission] legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive.
2. Upon request, the [director of the commission] legislative counsel shall advise any state agency of department as to the preparation of measures to be submitted to the legislature.
3. Upon request, the [director of the commission] legislative counsel shall aid and assist any member of the legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters within the scope of the duties of the [director. The director and employees of the commission] legislative counsel. The legislative counsel and the legal division of the legislative counsel bureau shall not oppose or urge legislation, nor shall they reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before them.
4. The [director of the commission] legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
5. Upon request, the [director] legislative counsel shall advise as to the work of the [commission] legal division of the legislative counsel bureau with any legislative committee appointed to carry on investigations.
Sec. 4. NRS 218.250 is hereby amended to read as follows:
218.250 1. Before introduction, any bill may be delivered to the [director] legislative counsel for the purpose of determining if the bill is in the proper form as prescribed by law or rule of the houses. The [director] legislative counsel shall have authority to correct any clerical error such as orthography, adding or correcting the enacting clause, mistakes in numbering sections and references thereto, and in any other particular wherein the bill does not comply in form with law or rule of the houses.
κ1963 Statutes of Nevada, Page 1013 (CHAPTER 403, SB 24)κ
particular wherein the bill does not comply in form with law or rule of the houses.
2. If, in the opinion of the [director,] legislative counsel, any correction made by him or the [commission employees] legal division of the legislative counsel bureau under the authority of this section should in any manner be construed to be a change in the bill other than a change in form, the [director] legislative counsel shall obtain the consent of the author of the bill before making such change.
[3. The commission shall be deemed to be acting in an administrative capacity in the performance of the duties imposed by NRS 218.240 to 218.260, inclusive.]
Sec. 5. NRS 218.260 is hereby amended to read as follows:
218.260 1. The [commission] legislative counsel is authorized to employ legislative bill drafters and stenographers, at a compensation to be set by [it,] him, to aid and assist [the director] him in carrying out the duties prescribed by NRS 218.240 to 218.260, inclusive, and such legislative bill drafters and stenographers shall be employed for such length of time as the [commission] legislative counsel may deem to be necessary for the effective conduct of the legislative work prescribed by NRS 218.240 to 218.260, inclusive.
2. The [director,] legislative counsel, during the time the legislature is in session, shall assign at least one legislative bill drafter and one or more stenographers for each house of the legislature, and they shall be located in the capitol building.
Sec. 6. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of state printing, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The superintendent of state printing shall:
(a) Print the number of copies as provided by NRS 218.510.
(b) Furnish printed sheets thereof to the [statute revision commission,] legislative counsel bureau, which shall, immediately upon the adjournment of the session, make out and deliver to the superintendent of state printing an index of the same.
(c) Immediately upon the adjournment of the session, print the index prepared by the [statute revision commission] legislative counsel bureau and bind it in connection with the Statutes of Nevada.
(d) Furnish to each senator and assemblyman, for distribution among their constituents, 15 copies of the printed sheets of each act as printed, or if more than one act is printed at one time, then copies of the printed sheets of such series of acts.
(e) Distribute one copy of the act or acts to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state.
Sec. 7. NRS 218.510 is hereby amended to read as follows:
218.510 1. Eight hundred copies of the statutes of each legislature shall be printed and bound in buckram or law sheep.
2. The bound volumes shall contain:
κ1963 Statutes of Nevada, Page 1014 (CHAPTER 403, SB 24)κ
(a) The laws, resolutions and memorials passed and adopted at each legislative session, stating the number of the bill, resolution or memorial, and the name of the person who introduced the same.
(b) The index as prepared by the [statute revision commission.] legislative counsel bureau.
3. The bound volumes containing the statutes of legislative sessions held in odd-numbered years shall contain, in addition to the items required by subsection 2 of this section:
(a) The Constitution of the United States.
(b) The constitution of the State of Nevada.
4. Other than those specified in subsections 2 and 3, no other reports, documents or things whatever shall be bound with the Statutes of Nevada.
Sec. 8. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, [a legislative counsel, a legislative auditor, and such other employees as provided for in this chapter.] a director, a fiscal and auditing division, a legal division and a research division.
2. The fiscal analyst shall be chief of the fiscal and auditing division. The legislative counsel shall be chief of the legal division. The research director shall be chief of the research division.
3. The legislative commission shall:
(a) Appoint the division chiefs and fix their compensation.
(b) Appoint one of the division chiefs director of the legislative counsel bureau, who shall serve as director without additional compensation.
(c) Designate one of the division chiefs as deputy director of the legislative counsel bureau, who shall serve as deputy director without additional compensation.
4. The director of the legislative counsel bureau and the chiefs of the divisions shall be entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.
Sec. 9. NRS 218.630 is hereby amended to read as follows:
218.630 It shall be a function of the legislative counsel bureau to:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments and of the National Conference of State Legislative Leaders, and to pay annual dues to such organizations out of the fund of the legislative counsel bureau. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission.
κ1963 Statutes of Nevada, Page 1015 (CHAPTER 403, SB 24)κ
and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulation proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process. In order to facilitate such cooperation the Council of State Governments and the National Conference of State Legislative Leaders are hereby declared to be joint governmental agencies of this state and of the other states which cooperate through them.
5. Establish such interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such interim or special committees shall be designated by the members of the legislative commission and may consist of legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such interim or special committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowances and travel expenses as provided by law.
6. Carry out the functions assigned to the divisions of the bureau in this chapter.
Sec. 10. NRS 218.640 is hereby amended to read as follows:
218.640 Funds to carry out the [provisions of NRS 218.610 to 218.890, inclusive,] functions of the legislative counsel bureau shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the [legislative counsel] director of the legislative counsel bureau before they are paid.
Sec. 11. NRS 218.690 is hereby amended to read as follows:
218.690 [1. The legislative commission shall appoint a person of skill and training in the art of government and government finance as legislative counsel, and he shall be responsible to the commission.
2. The legislative counsel shall receive an annual salary which shall be fixed by the legislative commission, and when so fixed shall be deemed to be fixed by law.
3. The legislative counsel shall receive the per diem expense allowance and travel expenses as provided by law.] The legislative counsel shall:
1. Be an attorney licensed to practice law in the State of Nevada and shall be versed in some or all of the following: Political science, parliamentary practice, legislative procedure, and the methods of research, statute revision and bill drafting.
κ1963 Statutes of Nevada, Page 1016 (CHAPTER 403, SB 24)κ
parliamentary practice, legislative procedure, and the methods of research, statute revision and bill drafting.
2. Perform the duties required by this chapter and chapter 220 of NRS.
Sec. 12. NRS 218.700 is hereby amended to read as follows:
218.700 1. The [legislative counsel,] director of the legislative counsel bureau, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities.
[2. The legislative counsel shall, within the limits of legislative appropriations, appoint and fix the salaries of such professional, technical, clerical and operational staff as the execution of his duties and the operation of the legislative counsel bureau may require, and may contract for the services of independent contractors.
3. All personnel of the legislative counsel bureau shall be exempt from the provisions of chapter 284 of NRS.]
2. Except as otherwise provided in NRS 218.190 and 218.260, the director of the legislative counsel bureau shall, subject to the approval of the legislative commission and within the limits of legislative appropriations, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of his duties and the operation of the legislative counsel bureau may require.
3. All of the personnel of the legislative counsel bureau shall be exempt from the provisions of chapter 284 of NRS. They shall be entitled to such leaves of absence as the legislative commission shall prescribe.
Sec. 13. (There is no section of this number.)
Sec. 13.5. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The legislative counsel shall:
1. Have the powers and duties assigned to him in this chapter and chapter 220 of NRS, and such other powers and duties as may be assigned to him by the legislature and the legislative commission.
2. Upon the request of any member or committee of the legislature or the legislative commission, give his opinion in writing upon any question of law, including existing law and suggested, proposed and pending legislation which has become a matter of public record.
Sec. 14. NRS 218.740 is hereby amended to read as follows:
218.740 [1. The legislative auditor shall be selected with special reference to his training, experience, capacity and interest in the activities embraced within NRS 218.730 to 218.890, inclusive.
2. The legislative auditor shall be a man of unquestioned integrity and moral character, with sufficient experience in business and finance to properly discharge the functions of the office.
3. The legislative auditor shall have:
(a) 5 years of progressively responsible experience in general accounting.
(b) A comprehensive knowledge of the principles and practices in public budgeting and governmental accounting.
(c) A working knowledge of statistical methods.
κ1963 Statutes of Nevada, Page 1017 (CHAPTER 403, SB 24)κ
(d) The ability to maintain effective working relationships with state officials.
(e) The ability to organize and present clearly oral and written reports of findings and recommendations.] The fiscal analyst shall:
1. Be a certified public accountant or public accountant qualified to practice public accounting under the provisions of chapter 628 of NRS.
2. Have 5 years of progressively responsible experience in general accounting.
3. Have a comprehensive knowledge of the principles and practices of public budgeting, governmental accounting, and the projection of future public revenues.
4. Have a working knowledge of statistical methods.
Sec. 15. NRS 218.770 is hereby amended to read as follows:
218.770 The powers and duties of the [legislative auditor] fiscal analyst shall be:
1. To perform a postaudit of all accounts, books and other financial records of all state departments that are charged with the collection, custody or expenditure of public funds, and to prepare a written report or reports of such audit or audits to the legislative counsel bureau and to such other person or persons designated in this chapter.
2. To personally, or by his duly authorized assistants, examine and audit at least once a year all fiscal books, records and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.
3. To require such changes in the accounting system or systems and record or records of the state departments as in his opinion will augment or provide a uniform, adequate and efficient system of records and accounting.
4. To determine whether the handling of the public money is protected by adequate accounting controls.
5. To determine whether all revenues or accounts due have been collected or properly accounted for and whether expenditures have been made in conformance with law and good business practice.
6. To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.
7. To determine whether fraud or dishonesty has occurred in the handling of funds or property.
8. To determine whether property and equipment are properly accounted for and that none is improperly used or disposed of.
9. To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.
10. To work with the executive officers of any and all state departments in outlining and installing a uniform, adequate and efficient system of records and accounting.
11. To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.
κ1963 Statutes of Nevada, Page 1018 (CHAPTER 403, SB 24)κ
auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.
12. To employ and authorize, at his discretion and subject to his direction and responsibility, an independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform and audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited. The provisions of this subsection shall not be applicable to the employment security department.
13. To ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the departments, institutions and agencies of the state government.
14. To make projections of future public revenues for the use of the legislature.
Sec. 16. NRS 218.780 is hereby amended to read as follows:
218.780 Upon the request of the [legislative auditor] fiscal analyst or his duly authorized representative, all officers and employees of the state departments shall make available and accessible to the [legislative auditor] fiscal analyst all books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, necessary or convenient to the proper discharge of the duties of the [legislative auditor.] fiscal analyst.
Sec. 17. NRS 218.790 is hereby amended to read as follows:
218.790 In making any changes in accounting systems and records as provided in subsection 3 of NRS 218.770, the [legislative auditor] fiscal analyst shall take into consideration the present system of books, accounts and reports in order that the transition may be gradual. Past and present records shall be coordinated into any new system. It is the object and purpose of NRS [218.730] 218.740 to 218.890, inclusive, among other things, to install a unified and coordinated system of accounting and records in the various state departments.
Sec. 18. NRS 218.800 is hereby amended to read as follows:
218.800 1. The [legislative auditor] fiscal analyst shall formulate and prescribe a uniform system of accounting, cost keeping and reporting for every state office, department or institution, which shall exhibit the true financial condition, correct accounts, and statements of funds collected, received and expended for any purpose whatever by all public officers, employees or other persons.
2. The accounts or statements shall show:
(a) The receipt, use and disposition of all public property.
(b) The income, if any, derived from all public property.
(c) The income, if any, derived from all sources of public income and the amounts due and received from each source.
κ1963 Statutes of Nevada, Page 1019 (CHAPTER 403, SB 24)κ
(d) All receipts, vouchers and other documents kept, or that may be required to be kept, necessary to prove the validity of each transaction.
(e) All statements and reports made and required to be made for the internal administration of the office to which they pertain.
(f) All statements and reports regarding any and all details of the financial administration of public affairs.
3. The [legislative auditor] fiscal analyst shall, from time to time, make such changes in and additions to such system as may to him seem necessary or in the public interest.
Sec. 19. NRS 218.810 is hereby amended to read as follows:
218.810 1. In addition to the other duties provided for the [legislative auditor,] fiscal analyst, he shall thoroughly examine all departments of the state government with special regard to their activities and the duplication of efforts between departments and the quality of service being rendered by subordinate employees in each of the several departments.
2. Upon completing the examination of any state department, he shall furnish the head thereof with a report of, among other things:
(a) The efficiency of the subordinate employees.
(b) The status and condition of all public funds in charge of such department.
(c) The amount of duplication between work done by the department so examined and other departments of the state government.
(d) The expense of operating the department.
(e) Breaches of trust and duty, if any, by an officer, property custodian, purchasing agent, or other custodian or disbursement officer of public funds.
(f) Any suggested changes looking toward economy and reduction of number of clerical and other employees and the elimination of duplication and inefficiency.
3. Copies of each report shall be filed with the governor, the lieutenant governor, the secretary of state, and each member of the legislature.
Sec. 20. NRS 218.820 is hereby amended to read as follows:
218.820 Upon the request of the [legislative auditor,] fiscal analyst, every elective state officer in the state, every board or commission provided for by the laws of the state, every head of each and every department in the state, and every employee or agent thereof, acting by, for or on account of any such office, board, commission or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government of the United States or any branch, bureau or agency thereof, or funds received from private or other source, shall submit to the [legislative auditor] fiscal analyst a complete financial statement of each and every receipt of funds received by the office, officer, board, commission, person or agent, and of every expenditure of such receipts or any portion thereof for the period designated by the [legislative auditor.] fiscal analyst.
κ1963 Statutes of Nevada, Page 1020 (CHAPTER 403, SB 24)κ
Sec. 21. NRS 218.830 is hereby amended to read as follows:
218.830 1. The [legislative auditor] fiscal analyst shall prepare an annual report to the governor, the legislative counsel bureau and members of the legislature. Copies of the report shall be filed in the office of the secretary of state.
2. The annual report shall contain, among other things:
(a) Copies of, or the substance of, reports made to the various state departments, as well as a summary of changes made in the system of accounts and records thereof.
(b) Specific recommendations to the legislature for the amendment of existing laws or the enactment of new laws designated to improve the functioning of various departments of the state government to the end that more efficient service may be rendered and the cost of government reduced.
Sec. 22. NRS 218.840 is hereby amended to read as follows:
218.840 1. All recommendations submitted by the [legislative auditor] fiscal analyst shall be confined to those matters properly coming within his jurisdiction, which is:
(a) To see that the laws passed by the legislature dealing with the expenditure of public moneys are in all respects carefully observed.
(b) To see that the attention of the legislature is directed to all cases of violation of the law and to those instances where there is need for change of existing laws or the enactment of new laws to secure the efficient spending of public funds.
2. The [legislative auditor] fiscal analyst shall not include in his recommendations to the legislature any recommendations as to the sources from which taxes shall be raised to meet the governmental expense.
3. All reports by the [legislative auditor] fiscal analyst shall call attention to any funds, which in his opinion have not been expended in accordance with law or appropriations by the legislature. His reports shall make recommendations to the legislature as to the manner or form of appropriations which will avoid any such improper expenditure of money in the future.
Sec. 23. NRS 218.850 is hereby amended to read as follows:
218.850 1. Each of the audits provided for in this chapter shall be made and concluded as directed by the legislative counsel bureau and in accordance with the terms of NRS [218.730] 218.740 to 218.890, inclusive, but shall be concluded and reports thereof made not later than 30 days before the convening of each regular session of the legislature.
2. The legislative counsel bureau shall direct the [legislative auditor] fiscal analyst to make any special audit or investigation that in its judgment is proper and necessary to carry out the purpose of this chapter or to assist the legislature in the proper discharge of its duties.
Sec. 24. NRS 218.860 is hereby amended to read as follows:
218.860 1. The legislative counsel bureau shall direct the printing or mimeographing of such number of any reports of the [legislative auditor] fiscal analyst as it thinks necessary and proper.
κ1963 Statutes of Nevada, Page 1021 (CHAPTER 403, SB 24)κ
2. All reports of the [legislative auditor] fiscal analyst filed by the secretary of state shall be open to public inspection.
Sec. 25. NRS 218.870 is hereby amended to read as follows:
218.870 The [legislative auditor] fiscal analyst shall keep or cause to be kept:
1. A complete, accurate and adequate set of fiscal transactions of the office of the legislative counsel bureau.
2. A complete file of copies of all audit reports, examinations, investigations and any and all other reports or releases issued by him.
3. A complete file of audit work papers and other evidences pertaining to work of the [legislative auditor.] fiscal analyst.
Sec. 26. NRS 218.880 is hereby amended to read as follows:
218.880 1. If the [legislative auditor] fiscal analyst finds, in the course of his audit, evidence of improper practices of financial administration or of any general incompetency of personnel or inadequacy of fiscal records, he shall report the same immediately to the governor, the legislative counsel bureau, and the department head or heads affected.
2. If the [legislative auditor] fiscal analyst shall find evidence of illegal transactions, he shall forthwith report such transactions to the governor, the legislative counsel bureau, and the attorney general.
Sec. 27. NRS 218.890 is hereby amended to read as follows:
218.890 Immediately upon receipt of a report from the [legislative auditor] fiscal analyst of incompetency of personnel and inadequacy of fiscal records, the legislative counsel bureau shall review the [legislative auditors] fiscal analysts report and hold hearings with the department head or heads concerning such incompetency and inadequacy of fiscal records. The legislative counsel bureau, after holding such hearings, shall make a report to the department head or heads requesting the removal or replacement of the incompetent personnel or the installation of the necessary fiscal records. The legislative counsel bureau shall report to the legislature any refusal of the department officials to remedy such incompetency or the installation of proper fiscal records.
Sec. 28. NRS 220.040 is hereby amended to read as follows:
220.040 [1. In complying with the provisions of this chapter, and within the limits of available appropriations, the commission is authorized to appoint a reviser of statutes who shall be known as the director of the statute revision commission.
2. The commission shall fix the compensation of the director and he shall serve at the pleasure of the commission.
3. The director shall perform such duties as may be required by the commission in connection with its duties under this chapter.] The legislative counsel and the legal division of the legislative counsel bureau shall have the powers and duties prescribed in this chapter.
Sec. 29. NRS 220.080 is hereby amended to read as follows:
220.080 The [commission] legislative counsel shall, from time to time:
1. Make recommendations to the legislature for clarification of specific statutes.
κ1963 Statutes of Nevada, Page 1022 (CHAPTER 403, SB 24)κ
2. Make recommendations to the legislature for elimination of obsolete statutes.
3. Call the attention of the legislature to conflicting statutes, and such other matter as [it] he deems necessary.
Sec. 30. NRS 220.090 is hereby amended to read as follows:
220.090 The secretary of state shall make available to the [commission:] legislative counsel:
1. All records of his office which are or may be of use to the [commission.] legislative counsel.
2. Any books or statutes in his custody.
Sec. 31. NRS 220.100 is hereby amended to read as follows:
220.100 [1. As soon as practicable after May 1, 1951, the commission shall commence the preparation of a complete revision and compilation of the laws of the State of Nevada of general application, and a compilation of the constitution of the State of Nevada, together with brief annotations to sections thereof.
2. The revision when completed shall be known as Nevada Revised Statutes and may be cited as NRS followed by the number of the Title, chapter or section, as appropriate.] The legislative counsel shall:
1. Prepare annotations to Nevada Revised Statutes adopted by chapter 2, Statutes of Nevada 1957, and digests of judicial opinions construing or concerning the law of the State of Nevada.
2. Keep the material in Nevada Revised Statutes and the annotations and digests current as provided in NRS 220.160.
Sec. 32. NRS 220.110 is hereby amended to read as follows:
220.110 [The revision] 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. Citations to decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision.
5. A digest of cases decided by the Nevada supreme court.
6. A full and accurate index of the statute laws.
7. Such annotations, historical notes, supreme court and district court rules and other information as the [commission] legislative counsel deems appropriate to include.
Sec. 33. NRS 220.120 is hereby amended to read as follows:
220.120 1. In preparing the [revision the commission] annotations and digests and keeping Nevada Revised Statutes current, the legislative counsel is authorized:
(a) To adopt such system of numbering as [it] he 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 looseleaf binders of good, and so far as possible, permanent quality.
2. The pages of the revision shall conform in size and printing style to the pages of the Statutes of Nevada, and roman style type only shall be used.
3. The [commission] 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.
κ1963 Statutes of Nevada, Page 1023 (CHAPTER 403, SB 24)κ
to be placed under one general head, with necessary cross-references.
4. Notes of decisions of the supreme court, historical references and other material shall be arranged in such manner as the [commission] legislative counsel finds will promote the usefulness thereof.
5. The [commission in preparing the revisions] 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 and correct manifest clerical or typographical errors.
Sec. 34. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the [commission] legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process at the state printing office. Sufficient copies of each page shall be printed or reproduced so that there shall be bound 2,500 copies of each volume of Nevada Revised Statutes, and 1,000 copies of each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision and the digest of cases decided by the Nevada supreme court.
2. Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the [director] legislative counsel for safekeeping and disposition. The secretary of state shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the [commission] legislative counsel as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.
3. A master copy of Nevada Revised Statutes shall be kept in the office of the [commission,] legislative counsel, and the master copy shall not be removed from the office except in the custody of [a member of the commission or the director thereof.] the legislative counsel.
Sec. 35. NRS 220.140 is hereby amended to read as follows:
220.140 The [commission] legislative counsel bureau shall reimburse the superintendent of state printing from the appropriations heretofore or hereafter made for the cost of printing or reproduction required by this chapter.
Sec. 36. NRS 220.150 is hereby amended to read as follows:
220.150 Notwithstanding any other provision of law, any unexpended balances of the appropriations made [to the commission] for the support of the legal division of the legislative counsel bureau shall not revert to the general fund at the end of any fiscal year, but shall be placed to the credit of the [commission] legislative counsel bureau in the state treasury in a fund hereby created and designated as the [statute revision commission] legislative counsel bureau printing and binding fund, which fund shall be used only for the payment of the costs of printing and binding of the Nevada Revised Statutes, supplements thereto, annotations and digest and supplements thereto, together with necessary equipment and services directly connected therewith, in the manner provided by this chapter.
κ1963 Statutes of Nevada, Page 1024 (CHAPTER 403, SB 24)κ
supplements thereto, annotations and digest and supplements thereto, together with necessary equipment and services directly connected therewith, in the manner provided by this chapter.
Sec. 37. NRS 220.160 is hereby amended to read as follows:
220.160 1. Upon the completion of Nevada Revised Statutes the [commission] legislative counsel is authorized and directed to prepare and have printed or reproduced such replacement and supplementary pages for such laws as may, from time to time, be necessary. In any event, the [commission] legislative counsel shall prepare replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each session.
2. The intent of this section is that Nevada Revised Statutes shall be kept current insofar as may be possible. To that end, the provisions of this chapter and, in particular, NRS 220.120 shall be applicable to the preparation and printing or reproduction of such replacement and supplementary pages.
3. Prices shall be set by the [commission] legislative counsel as near as possible to the cost of preparing, printing and reproduction.
Sec. 38. NRS 220.170 is hereby amended to read as follows:
220.170 1. The master copy of Nevada Revised Statutes, as printed and bound in accordance with NRS 220.130, shall contain a certificate of the director of the statute revision commission that he 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 shall contain a copy of the certificate.
2. Each set of replacement or supplementary pages, prepared in accordance with NRS 220.160 and [provided] published prior to January 1, 1963, for inclusion in the master copy of Nevada Revised Statutes, shall 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 he 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 shall be accompanied by a copy of the certificate. All such certificates shall 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, may be cited as prima facie evidence of the law in all of the courts of this state. Such evidence may be rebutted by proof that the same differ from the official statutes of Nevada.
Sec. 39. NRS 331.105 is hereby amended to read as follows:
331.105 1. The superintendent shall establish and conduct a central mailing room for all state officers, departments and agencies located at Carson City, Nevada, and supported in whole or in part by legislative appropriation from the general fund in the state treasury.
κ1963 Statutes of Nevada, Page 1025 (CHAPTER 403, SB 24)κ
at Carson City, Nevada, and supported in whole or in part by legislative appropriation from the general fund in the state treasury.
2. Any state officer, department or agency not supported in whole or in part by legislative appropriation from the general fund in the state treasury may use the central mailing room facilities if such state officer, department or agency pays the cost of such use as determined by the superintendent. Moneys collected from such state officers, departments or agencies for use in the central mailing room facilities shall be deposited in the mail service working capital fund in the state treasury.
3. The staff of the central mailing room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the [statute revision commission,] legal division of the legislative counsel bureau, other than interoffice mail, of all state officers, departments and agencies using the central mailing room facilities.
4. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund in the state treasury.
Sec. 40. NRS 353.060 is hereby amended to read as follows:
353.060 1. At least once every 3 months and as often as he may deem proper, the [legislative auditor] fiscal analyst shall count the money in the state treasury. The [legislative auditor] fiscal analyst shall not give the state treasurer any previous notice of the hour or day of the counting.
2. The state treasurer shall permit the money in the state treasury to be counted whenever the [legislative auditor] fiscal analyst may wish to make the counting, without delaying the counting on any pretense whatever.
Sec. 41. NRS 353.065 is hereby amended to read as follows:
353.065 1. The [legislative auditor] fiscal analyst shall count all moneys and securities in the state treasury belonging to the state, or to any department thereof, and all moneys and securities of the Nevada industrial commission, and all other moneys and securities of which the state treasurer is custodian.
2. The [legislative auditor] fiscal analyst shall execute a surety bond, payable to the state, in the sum of $2,500, conditioned for the faithful performance of all duties which may be required of him by law.
Sec. 42. NRS 353.070 is hereby amended to read as follows:
353.070 It shall be unlawful for the [legislative auditor] fiscal analyst to count as cash or moneys in the state treasury anything but actual money and cash in the state treasury, or moneys on deposit in depositary banks secured as provided by law.
Sec. 43. NRS 353.075 is hereby amended to read as follows:
353.075 1. When the count of state moneys, funds and securities is completed, the [legislative auditor] fiscal analyst shall make an affidavit and file the same in the office of the secretary of state. When filed with the secretary of state, the affidavit shall be and become a public record.
κ1963 Statutes of Nevada, Page 1026 (CHAPTER 403, SB 24)κ
2. The affidavit shall show separately:
(a) The actual amount of money in the state treasury, or in the custody of the state treasurer, in cash.
(b) The amount of moneys on deposit in banks, listing each depositary bank and the amounts on deposit, and the securities therein.
(c) A complete itemized list of all securities deposited with the state treasurer, or in the state treasury, or of which the state treasurer is custodian, showing the person, firm, corporation, department or commission for whom the state treasurer holds such moneys, funds or securities.
3. A copy of the affidavit shall be mailed forthwith to every depositary bank in which the state treasurer has on deposit moneys of the state.
Sec. 44. NRS 353.080 is hereby amended to read as follows:
353.080 If the [legislative auditor] fiscal analyst willfully shall fail to perform the duties imposed under the provisions of NRS 353.065 to 353.075, inclusive, or willfully shall neglect or refuse to perform any duty enjoined thereunder, he shall be deemed guilty of misdemeanor in office.
Sec. 45. NRS 353.210 is hereby amended to read as follows:
353.210 1. On or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the director of the budget, and submit to the director estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the director. If any department, institution or other agency of the executive department of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the director shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. Agencies, bureaus, commissions and officers of the legislative department and the judicial department of the state government shall, at the request of the director, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
κ1963 Statutes of Nevada, Page 1027 (CHAPTER 403, SB 24)κ
4. On or before October 1 of each even-numbered year, the director shall deliver copies of the expenditure estimates to the [legislative auditor,] fiscal analyst, together with such other information as required by subsection 1.
Sec. 46. NRS 354.380 is hereby amended to read as follows:
354.380 1. Upon the completion of the budget, it shall be signed by the governing board of the political subdivision.
2. Budgets for cities and municipalities shall be filed with the city clerk. Budgets for towns shall be filed with the county auditor and county recorder of the county wherein such town is situated.
3. Budgets for school districts shall be approved by the state department of education. A budget for a county school district shall be filed with the county auditor and county recorder of the county whose boundaries are conterminous with the boundaries of the county school district. A budget for a joint school district shall be filed with the county auditors and county recorders of the counties the areas of which are within the joint school district. A copy of the budget for each school district shall be filed forthwith with the [legislative auditor.] fiscal analyst.
Sec. 47. NRS 412.235 is hereby amended to read as follows:
412.235 1. Semiannually and at such other times as may be directed by the commander in chief, the [legislative auditor] fiscal analyst shall cause to be made a careful physical inventory and list of all classes of federal military property, noting:
(a) The quantity on hand.
(b) The amounts received and expended during the previous 6 months.
(c) The quantities and classes held on memorandum receipts by any unit or officer of the National Guard.
2. The inventory shall be made up in quadruplicate. The original and first copy shall be transmitted to the adjutant general and the United States property and fiscal officer. The second copy shall be transmitted to the unit or officer, and the last copy shall be retained by the [legislative auditor.] fiscal analyst.
3. The inventory shall be known as the List of Balances, and the copies sent to the United States property and fiscal officer and the adjutant general shall be preserved and remain on file in their offices.
Sec. 48. NRS 482.200 is hereby amended to read as follows:
482.200 All unused, unsold and confiscated motor vehicle license plates of the pervious issue shall be destroyed or disposed of by the department after the [legislative auditor] fiscal analyst shall have caused a count of such plates.
Sec. 49. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Between sessions of the legislature no study or investigation shall be initiated or continued by the fiscal analyst, the legislative counsel or the research director and their staffs except such studies and investigations which have been specifically authorized by a senate or assembly resolution or by an order of the legislative commission. No study or investigation shall be carried over from one session of the legislature to the next without additional authorization by the senate or assembly.
κ1963 Statutes of Nevada, Page 1028 (CHAPTER 403, SB 24)κ
investigation shall be carried over from one session of the legislature to the next without additional authorization by the senate or assembly.
Sec. 50. NRS 353.263 is hereby amended to read as follows:
353.263 1. There is hereby created in the state treasury a fund to be known as the state board of examiners emergency fund. Moneys for such fund shall be provided by direct legislative appropriation.
2. The state board of examiners emergency fund shall be a continuous fund and none of the moneys in such fund shall revert to the general fund at any time.
3. When the state board of examiners finds, after diligent inquiry and examination, that an extreme emergency exists, such board may declare the existence of such an emergency and authorize the expenditure of sums not exceeding $50,000 from the state board of examiners emergency fund.
4. When the state board of examiners finds, after diligent inquiry and examination, that:
(a) As a result of the payment of terminal leave pay or sick leave pay to any state officer or employees, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
(b) The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may, with the approval of the [legislative auditor,] fiscal analyst, authorize the expenditure of sums not exceeding $2,000 from the state board of examiners emergency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
5. The state board of examiners shall annually file a report with the president of the senate and the speaker of the assembly enumerating the expenditures authorized by the board of examiners under the provisions of this section.
Sec. 51. NRS 458.080 is hereby amended to read as follows:
458.080 The [agency] alcoholism division may:
1. By contracting with organizations affiliated with the National Council on Alcoholism, Incorporated, or other organizations, render partial financial assistance in the operation of rehabilitation centers established by these groups. Each such contract shall contain a provision allowing the [legislative auditor] fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.
2. Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the state department of purchasing.
Sec. 52. (There is no section of this number.)
Sec. 53. NRS 218.710, 218.730, 218.760, 220.010 to 220.030, inclusive, and 220.050 to 220.070, inclusive, are hereby repealed.
Sec. 54. 1. On and after the effective date of this act, all remaining moneys appropriated to the statute revision commission for the fiscal year commencing on July 1, 1962, shall be used for the support of the legislative counsel and the legal division of the legislative counsel bureau, and any such moneys remaining at the end of such fiscal year shall be deposited in the legislative counsel bureau printing and binding fund.
κ1963 Statutes of Nevada, Page 1029 (CHAPTER 403, SB 24)κ
fiscal year commencing on July 1, 1962, shall be used for the support of the legislative counsel and the legal division of the legislative counsel bureau, and any such moneys remaining at the end of such fiscal year shall be deposited in the legislative counsel bureau printing and binding fund.
2. All moneys in the statute revision commission printing and binding fund on the effective date of this act shall be transferred to the legislative counsel bureau printing and binding fund.
Sec. 55. NRS 218.480 is hereby amended to read as follows:
218.480 1. Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of state printing for binding with the journals of the senate and assembly.
2. At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal at each house shall be bound separately.
3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.
4. The [legislative counsel] research director shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent of state printing.
5. The bound volumes shall be delivered to the secretary of state and shall constitute the journals of the senate and assembly.
6. Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.
Sec. 56. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. Except as provided in subsection 4, expenditures from the legislative fund shall be made only for the purpose of carrying out the provisions of NRS 218.090 to 218.230, inclusive, NRS 218.280 to 218.520, inclusive, and section 33 of article 4 of the constitution of the State of Nevada, for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the [legislative counsel] director of the legislative counsel bureau as other claims against the state are paid.
Sec. 57. NRS 218.660 is hereby amended to read as follows:
218.660 1. There is hereby created in the legislative counsel bureau a legislative commission consisting of eight members.
2. At each regular session of the legislature held in odd-numbered years, the senate shall, by resolution, designate four senators as regular members of the legislative commission, and the assembly shall, by resolution, designate four assemblymen as regular members of the legislative commission.
κ1963 Statutes of Nevada, Page 1030 (CHAPTER 403, SB 24)κ
years, the senate shall, by resolution, designate four senators as regular members of the legislative commission, and the assembly shall, by resolution, designate four assemblymen as regular members of the legislative commission. Of the aforesaid membership there shall be two senators and two assemblymen from each party in the houses.
3. In addition to the members designated in subsection 2:
(a) The senate shall, by resolution, designate four senators, two from each party, as first alternate members and second alternate members.
(b) The assembly shall, by resolution, designate four assemblymen, two from each party, as first alternate members and second alternate members.
4. A vacancy in the regular membership created by death or resignation shall be filled, first, by the proper first alternate member of the same party in the same house, and second, if there is no first alternate member, then by the proper second alternate member of the same party in the same house. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing a member of the legislature of the same party in the same house.
5. The members shall serve until their successors are appointed as provided [herein.] in this section, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in subsection 4.
Sec. 58. NRS 218.670 is hereby amended to read as follows:
218.670 1. The members of the legislative commission shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the commission. The [legislative counsel] director of the legislative counsel bureau shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government. Five members of the commission shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the commission.
2. If any regular member of the legislative commission is unable to attend a scheduled meeting of the commission, and notifies the secretary of the commission, the secretary shall notify the proper alternate member. Such alternate member may then replace the regular member at that meeting only with all the duties, rights and privileges of the replaced member, and shall receive travel and per diem allowance in accordance with law.
Sec. 59. NRS 218.720 is hereby amended to read as follows:
218.720 Upon the request of the [legislative counsel,] director of the legislative counsel bureau, or his duly authorized representative, every elective state officer in the State of Nevada, every board or commission provided for by the laws of the State of Nevada, every head of each and every department in the State of Nevada, and every employee or agent thereof, acting by, for, or on account of any such office, board, commission or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government of the United States or any branch, bureau, or agency thereof, or funds received from private or other source, shall make available to the [legislative counsel] director of the legislative counsel bureau all books, papers, information and records of a public nature under their control necessary or convenient to the proper discharge of the [legislative counsels] duties of the director of the legislative counsel bureau under this chapter.
κ1963 Statutes of Nevada, Page 1031 (CHAPTER 403, SB 24)κ
whether the same may be funds provided by the State of Nevada, funds received from the Federal Government of the United States or any branch, bureau, or agency thereof, or funds received from private or other source, shall make available to the [legislative counsel] director of the legislative counsel bureau all books, papers, information and records of a public nature under their control necessary or convenient to the proper discharge of the [legislative counsels] duties of the director of the legislative counsel bureau under this chapter.
Sec. 60. NRS 233.080 is hereby amended to read as follows:
233.080 The commission shall, on or before January 15, 1963, and every January 15 of each odd-numbered year thereafter, prepare and submit a report concerning its activities to the governor and the [legislative counsel.] director of the legislative counsel bureau. The [legislative counsel] director of the legislative counsel bureau shall cause such report to be made available to each senator and assemblyman.
Sec. 61. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The legislative commission may fix reasonable fees for the sale of studies, audit reports, bulletins and miscellaneous materials of the legislative counsel bureau, and such fees shall be deposited in the general fund in the state treasury.
Sec. 62. In preparing the 1963 supplement to Nevada Revised Statutes, the director of the statute revision commission, or any officer who is required by law after June 30, 1963, to perform the duties performed by the director of the statute revision commission prior to July 1, 1963, shall make all nonsubstantive changes in all statutes enacted by the 1963 session of the legislature relating to organization or reorganization of the legislative agencies of the state government necessary to resolve any nonsubstantive conflicts in such statutes.
________
κ1963 Statutes of Nevada, Page 1032κ
Senate Bill No. 103Committee on Judiciary
CHAPTER 404
AN ACT to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of administration incorporating the functions of the director of the budget, the state department of buildings and grounds, the state department of purchasing and the state department of personnel; to amend NRS sections 210.065, 210.470, 220.060, 230.020, 281.160, 284.015 to 284.030, inclusive, 284.045 to 284.055, inclusive, 284.065, 284.075 to 284.085, inclusive, 284.100 to 284.135, inclusive, 284.140, 284.145, 284.155 to 284.165, inclusive, 284.175, 284.185, 284.190, 284.200 to 284.210, inclusive, 284.220, 284.230 to 284.255, inclusive, 284.265 to 284.275, inclusive, 284.285 to 284.295, inclusive, 284.310, 284.320, 284.325, 284.335 to 284.355, inclusive, 284.365, 284.375 to 284.385, inclusive, 284.400, 284.405, 284.420, 331.010 to 331.030, inclusive, 331.050, 333.020, 333.030, 333.060 to 333.310, inclusive, 333.330, 333.350 to 333.400, inclusive, 333.420, 333.430, 333.450 to 333.464, inclusive, 333.466, 333.467, 333.470 to 333.500, inclusive, 336.010, 336.040, 353.155, 353.160, 353.175 to 353.200, inclusive, 353.210 to 353.230, inclusive, 353.245, 381.270, 385.340, 407.057, 419.030, 422.200, 423.110, 463.028, 463.100, 481.055, 482.145, 561.235, 612.230, 673.0354 and 703.120, relating to various functions of the director of the budget, the state department of buildings and grounds, state department of purchasing and the state department of personnel, by making technical changes necessitated by the creation of the department of administration; to repeal NRS sections 284.070, 284.090, 284.095, 333.040, 333.050, 333.440, 353.165 and 353.170, relating to the director of the state department of personnel, the director of the state department of purchasing, central purchasing agencies in departments and the director of the budget; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto to provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. Department means the department of administration.
2. Director means the director of the department of administration.
Sec. 3. 1. The department of administration is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Budget division.
(b) Buildings and grounds division.
(c) Personnel division.
(d) Purchasing division.
3. The director may establish a motor pool division or may assign the functions of the state motor pool to one of the other divisions of the department.
Sec. 4. The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
κ1963 Statutes of Nevada, Page 1033 (CHAPTER 404, SB 103)κ
3. Receive an annual salary of not more than $15,120 to be fixed by the governor from time to time within the limits of legislative appropriations.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have the qualifications required by NRS 353.175.
7. Be chief of the budget division.
Sec. 5. The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department, except the budget division.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 284, 331, 333 and 336 of NRS, NRS 353.150 to 353.245, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
3. Have such other powers and duties as provided by law.
Sec. 6. (There is no section of this number.)
Sec. 7. 1. The chief of each of the divisions of the department, except the budget division, shall:
(a) Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.
(b) Receive an annual salary to be fixed by the director, with the consent of the governor, within the limits of legislative appropriations.
(c) Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
2. The director shall administer the provisions of law relating to the budget division.
Sec. 8. The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise.
Sec. 9. NRS 210.065 is hereby amended to read as follows:
210.065 1. The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.
2. The governor shall request the [state department of] personnel division of the department of administration to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 10. NRS 210.470 is hereby amended to read as follows:
210.470 1. The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.
κ1963 Statutes of Nevada, Page 1034 (CHAPTER 404, SB 103)κ
primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.
2. The governor shall request the [state department of] personnel division of the department of administration to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 11. NRS 220.060 is hereby amended to read as follows:
220.060 Upon request of the commission, the [superintendent of the state department of] buildings and grounds division of the department of administration shall assign and make available to the commission suitable and convenient rooms or space of the use of the commission and its employees.
Sec. 12. NRS 230.020 is hereby amended to read as follows:
230.020 The [superintendent of the state department of] buildings and grounds division of the department of administration shall provide the Nevada state police with necessary offices at Carson City, Nevada.
Sec. 13. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $15 for each 24-hour period during which he is away from such office.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Such persons may also receive an allowance for transportation. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is 10 cents per mile so traveled.
4. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $15 for each 24-hour period where unusual circumstances make such rate desirable.
5. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the [director of the] budget division of the department of administration at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the [director of the] budget [.]
κ1963 Statutes of Nevada, Page 1035 (CHAPTER 404, SB 103)κ
travel shall be authorized except after having been approved by the [director of the] budget [.] division. The [director of the] budget division may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does to conform to the regulations approved by the state board of examiners. If the [director of the] budget division disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the [director of the] budget [,] division, upon good cause shown by the applicant, may consider requests for travel submitted to [him] it less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which is not approved by the [director of the] budget division shall be considered by the state board of examiners at a regular meeting.
Sec. 14. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter:
1. Chief means the chief of the personnel division of the department of administration.
2. Commission means the advisory personnel commission.
[2. Department means the state department of personnel.]
3. Director means the director of the [state] department of [personnel.] administration.
4. Personnel division means the personnel division of the department of administration.
5. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution operating by authority of the constitution or law, and supported in whole or in part by any public funds, whether such public funds are funds received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 15. NRS 284.020 is hereby amended to read as follows:
284.020 1. All officers and employees of this state shall:
(a) Conform to, comply with and aid in all proper ways in carrying into effect the provisions of this chapter and the rules and regulations prescribed hereunder.
(b) Furnish any records or information which the [director] chief or the commission may request for any purpose of this chapter.
2. This chapter shall not be construed to limit the power and authority of elective officers and heads of departments to conduct and manage the affairs of their departments as they see fit.
Sec. 16. NRS 284.025 is hereby amended to read as follows:
284.025 [There is hereby created the state department of personnel of the State of Nevada, in which shall be vested the administration of the provisions of this chapter.] The personnel division shall administer the provisions of this chapter, subject to administrative supervision by the director.
Sec. 17. NRS 284.030 is hereby amended to read as follows:
284.030 There is hereby created in the [state department of] personnel division an advisory personnel commission composed of five members appointed by the governor.
κ1963 Statutes of Nevada, Page 1036 (CHAPTER 404, SB 103)κ
Sec. 18. NRS 284.045 is hereby amended to read as follows:
284.045 While engaged in official business of the [department,] personnel division, the members of the commission shall receive a salary of $20 per day and the per diem expense allowance and travel expenses as provided by law.
Sec. 19. NRS 284.050 is hereby amended to read as follows:
284.050 1. The governor shall designate one of the members of the commission as chairman of the commission.
2. The [director] chief shall act as the nonvoting recording secretary of the commission. He shall keep the minutes of the proceedings of the commission.
Sec. 20. NRS 284.055 is hereby amended to read as follows:
284.055 1. The members of the commission shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the commission, but a meeting of the commission shall be held at least once every 3 months.
2. Three members of the commission shall constitute a quorum. A quorum may exercise all the power and authority conferred on the commission, but no rules or regulations shall be adopted, amended or rescinded except by a majority vote of the entire membership of the commission.
3. The commission shall keep minutes of the transactions of each meeting, regular or special, which shall be filed with the [department] personnel division and shall be public records.
Sec. 21. NRS 284.065 is hereby amended to read as follows:
284.065 1. The commission shall have only such powers and duties as are authorized by law.
2. In addition to the powers and duties set forth elsewhere in this chapter, the commission shall have the following powers and duties:
(a) To advise the [director] chief concerning the organization and administration of the [department.] personnel division.
(b) To report to the governor biennially on all matters which the commission may deem pertinent to the [department] personnel division and concerning any specific matters previously requested by the governor.
(c) To advise and make recommendations to the governor or the legislature relative to the personnel policy of the state.
(d) To advise the [director] chief with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this chapter.
(e) To foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.
(f) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
Sec. 22. NRS 284.075 is hereby amended to read as follows:
284.075 1. The [director] chief shall be selected with special reference to his training, experience, capacity and interest in the field of personnel administration. His knowledge and abilities should include the following:
κ1963 Statutes of Nevada, Page 1037 (CHAPTER 404, SB 103)κ
(a) A comprehensive knowledge of the principles and practices of personnel administration.
(b) A working knowledge of job and salary classification methods.
(c) An extensive knowledge of the organization and operations of state departments, agencies and institution, and of statutes and regulations concerning government personnel.
(d) An extensive knowledge of principles of public organization and administration.
(e) Administrative ability in the direction of staff analyses of government salaries and positions, and in the maintenance of effective working relationships with all state officials concerned with personnel.
(f) Ability to organize and present clearly oral and written reports of findings and recommendations.
2. The [director] chief shall have progressively responsible experience in personnel administration in an amount to be determined by the [commission,] director, and graduation from an accredited 4-year college or university; or an equivalent combination of experience in personnel administration or training, substituting 2 years of experience for 1 year of training.
Sec. 23. NRS 284.080 is hereby amended to read as follows:
284.080 The [director] chief shall receive [:
1. An annual salary which shall be fixed in accordance with the pay plan adopted under this chapter.
2. The] the per diem expense allowance and travel expenses as provided by law.
Sec. 24. NRS 284.085 is hereby amended to read as follows:
284.085 1. The [director] chief shall execute a surety bond in such form as may be prescribed by law in the sum of $15,000, conditioned upon the faithful performance of his duties as custodian of the personnel administration fund. Premiums for the bond shall be paid from the personnel administration fund.
2. All sums recovered on the official bond for losses sustained by the personnel administration fund shall be deposited in the personnel administration fund.
Sec. 25. NRS 284.100 is hereby amended to read as follows:
284.100 1. [The director may designate an employee of the department to act as his deputy. In case of the absence of the director, or his inability from any cause to discharge the powers and duties of his office, the powers and duties shall devolve upon his deputy.
2.] The [director] chief shall appoint, under the provisions of this chapter, such employees of the [department] personnel division and such expert and special assistants as may be necessary to carry out effectively the provisions of this chapter.
[3.] 2. Surety bonds may be executed by [department] personnel division employees in amounts designated by the [director.] chief. Premiums for bonds shall be paid from the personnel administration fund. All sums recovered on official bonds for losses sustained by the personnel administration fund shall be deposited in the personnel administration fund.
Sec. 26. NRS 284.105 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 1038 (CHAPTER 404, SB 103)κ
284.105 1. As executive head of the [department, the director] personnel division, the chief shall direct and supervise all administrative and technical activities of the [department.] personnel division. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. In addition to the duties imposed upon him elsewhere in this chapter, the [director] chief shall:
(a) Apply and carry out this chapter and the rules and regulations adopted hereunder.
(b) Attend all meetings of the commission.
(c) Report to the [governor] director and the commission upon all matters concerning the administration of his office, and he shall request the advice and counsel of the commission on matters concerning the policy thereof; but the [director] chief shall be responsible for the conduct of the [department] personnel division and its administrative functions unless otherwise provided by law.
(d) Establish and maintain a roster of all employees in the public service. The roster shall set forth, as to each employee:
(1) The class title of the position held.
(2) The salary or pay.
(3) Any change in class title, pay or status.
(4) Other pertinent data.
(e) In cooperation with appointing authorities and others, foster and develop programs for the improvement of employee effectiveness and morale, including training, grievances and hearings thereon.
(f) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the state service, and he shall make available the facilities of the [department] personnel division personnel to this end.
(g) Make to the commission and to the [governor] director a biennial report regarding the work of the [department] personnel division and such special reports as he may consider desirable.
(h) Maintain a continuous program of recruiting for the public service.
(i) Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 27. NRS 284.110 is hereby amended to read as follows:
284.110 1. The personnel receipts fund and the personnel operating fund are hereby created in the state treasury. The personnel receipts fund shall be a continuing fund and no moneys in such fund shall revert to the general fund at any time.
2. The department of administration is authorized and directed to accept on behalf of the state any grant or contribution, federal or otherwise, made to assist in meeting the costs of carrying out the purposes of this chapter. All such grants and contributions, except for moneys received pursuant to NRS 284.115, shall be deposited in the personnel receipts fund.
3. No moneys shall be expended directly from the personnel receipts fund but shall first be transferred to the personnel operating fund. All costs of administering the provisions of this chapter shall be paid out of the personnel operating fund on claims in the same manner as other claims against the state are paid.
κ1963 Statutes of Nevada, Page 1039 (CHAPTER 404, SB 103)κ
out of the personnel operating fund on claims in the same manner as other claims against the state are paid.
4. All claims against the personnel operating fund shall be approved by the [director] chief before they are paid.
Sec. 28. NRS 284.115 is hereby amended to read as follows:
284.115 1. The [director] chief shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per budgeted classified position of carrying out the functions of the [department] personnel division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of such cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted classified position, as determined by the [director,] chief, multiplied by the number of budgeted classified positions provided for in the budget of each department, agency or institution.
3. On July 1 of each year each department, agency and institution shall pay to the [director] chief for deposit in the personnel operating fund the amount of money appropriated to or authorized for such department, agency or institution for personnel administration costs pursuant to its budget.
4. Any moneys remaining in the personnel operating fund on July 1 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.
Sec. 29. NRS 284.120 is hereby amended to read as follows:
284.120 1. The public employees retirement board and the executive secretary thereof and the [state department of] personnel division and the [director] chief thereof are authorized and directed to cooperate in all phases of their operations whereby duplication of staff, duplication of duties and work, and duplication of office equipment and records may be avoided.
2. The two agencies, by mutual agreement, shall each pay its proper share of salaries and other administrative expenses incurred in joint operations.
3. The two agencies are authorized and directed to cooperate to the fullest extent whereby maximum economy and efficiency in operation will be achieved, as well as maximum benefits for the employees of Nevadas departments, agencies, offices and institutions.
Sec. 30. NRS 284.125 is hereby amended to read as follows:
284.125 1. When requested by the governor, the legislature, or their duly authorized representatives, the [director of personnel] chief shall have authority:
(a) To investigate duplication of personnel work of departments, institutions and agencies of the state government.
(b) To study the personnel organization and administration of such departments, institutions and agencies.
κ1963 Statutes of Nevada, Page 1040 (CHAPTER 404, SB 103)κ
(c) To formulate plans for better and more effective personnel management.
2. He shall prepare and report any personnel data or statistics which the governor or the legislature might require.
3. The [director] chief is authorized and directed to cooperate with the heads of departments and agencies in making similar personnel studies in their respective departments and agencies.
Sec. 31. NRS 284.130 is hereby amended to read as follows:
284.130 The [director] chief may request state or local officers or employees to aid in carrying out the provisions of this chapter, and insofar as it may be consistent with their other duties, such officers and employees shall give such aid upon the written request of the [director.] chief.
Sec. 32. NRS 284.135 is hereby amended to read as follows:
284.135 1. Subject to rules and regulations prescribed by the [director,] chief, the services and facilities of the [department] personnel division and its staff shall be available upon request to political subdivisions of the state.
2. In making the services and facilities of the [department] personnel division available, it shall be understood that:
(a) Requirements for the enforcement and administration of the provisions of this chapter shall be given precedence; and
(b) The political subdivisions shall reimburse the [department] personnel division for the reasonable cost of such services and facilities.
Sec. 33. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the State of Nevada shall be comprised of positions held by state officers or employees as follows:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, and of the chief of each division of a department where authorized by law, one deputy and one chief assistant in such department, agency, [or] institution [.] or division.
4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. Officers and employees of the Nevada legislature.
6. Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada, or any other state institution of learning, and student employees of such institutions; but custodial, clerical or maintenance employees of such institutions shall be in the classified service. The board of regents shall assist the [director] chief in carrying out the provisions of this chapter applicable to the University of Nevada.
7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.
κ1963 Statutes of Nevada, Page 1041 (CHAPTER 404, SB 103)κ
9. Persons temporarily employed or designated by the legislature or by a legislative committee to make or conduct a special inquiry, investigation or examination.
10. Patient and inmate help in state charitable, penal, mental and correctional institutions.
11. Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative duties.
Sec. 34. NRS 284.145 is hereby amended to read as follows:
284.145 Officers authorized by law to make appointments to positions in the unclassified service and appointing officers of departments or institutions whose employees are exempt from the provisions of this chapter shall be permitted to make appointments from appropriate registers of eligible persons maintained by the [department] personnel division without affecting the continuance of the names on the list.
Sec. 35. NRS 284.155 is hereby amended to read as follows:
284.155 1. The [director] chief shall prescribe a code of rules and regulations for the classified service, which, upon approval of the commission after public notice and opportunity for public hearing, shall have the force and effect of law.
2. Rules concerning certifications, appointments, layoffs and reemployment shall be prescribed for positions involving unskilled or semi-skilled labor. These rules may be different from the rules concerning certifications, appointments, layoffs and reemployment for other positions in the classified service.
3. Upon recommendation of the [director,] chief, amendments to rules and regulations may be made in the same manner required for the adoption of rules and regulations.
Sec. 36. NRS 284.160 is hereby amended to read as follows:
284.160 1. The [director] chief shall prepare, maintain and revise as necessary a position classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
2. The duty of the [director] chief to classify shall extend to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.
3. The [director] chief may, after consultation with department and agency heads, recommend changes in the classification of positions whenever he deems it necessary for the efficiency of the public service.
4. The classification plan and changes therein shall be subject to approval by the commission.
Sec. 37. NRS 284.165 is hereby amended to read as follows:
284.165 1. As soon as practicable and after consultation with appointing authorities and principal supervisory officials, the [director] chief shall allocate the position of every employee in the classified service to one of the positions in the position classification plan.
2. Any employee affected by the allocation of a position to a grade or class, after filing with the [director] chief a written request for reconsideration thereof, shall be given a reasonable opportunity to be heard thereon by the [director.]
κ1963 Statutes of Nevada, Page 1042 (CHAPTER 404, SB 103)κ
or class, after filing with the [director] chief a written request for reconsideration thereof, shall be given a reasonable opportunity to be heard thereon by the [director.] chief.
Sec. 38. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the [director] chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.
2. The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.
3. The [director] chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
Sec. 39. NRS 284.185 is hereby amended to read as follows:
284.185 The state controller or any other state fiscal officer shall not draw, sign, issue or authorize the drawing, signing or issuing of any warrant on the state treasurer or other state disbursing officer, and the state treasurer or other state disbursing officer shall not pay any salary or compensation to any person in the classified or unclassified service of the state unless the payroll or account for such salary or compensation containing the name of every person to be paid shall bear the certificate of the [director] chief or his authorized representative stating:
1. That the persons named in the payroll or account have been appointed, employed, reinstated or promoted as required by law and the rules and regulations established under this chapter; and
2. That the salary or compensation is within the salary or wage schedule fixed pursuant to law.
Sec. 40. NRS 284.190 is hereby amended to read as follows:
284.190 1. Every officer who willfully makes a payment of salary or compensation contrary to the provisions of this chapter and any officer who signs, countersigns, or authorizes the signing or countersigning of any warrant for such a payment, and the sureties on his official bond, are liable to the State of Nevada therefor.
2. An action to recover such a payment may be maintained in the district court of any county by the [director] chief or a member of the commission.
3. All money recovered in such an action, when collected, shall be paid into the appropriate fund in the state treasury.
Sec. 41. NRS 284.200 is hereby amended to read as follows:
284.200 If the [director] chief wrongfully withholds certification of the payroll or account of any employee, the employee may maintain a proceeding to compel the [director] chief to certify the payroll or account.
Sec. 42. NRS 284.205 is hereby amended to read as follows:
284.205 The [director] chief shall prescribe rules and regulations for open competitive examinations to test the relative fitness of applicants for the respective positions.