[Rev. 2/28/2019 3:09:20 PM]
LAWS OF THE STATE OF NEVADA
κ1967 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FIFTY-FOURTH SESSION OF THE LEGISLATURE
1967
________
Senate Bill No. 1Senator Lamb
CHAPTER 1
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved January 18, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $200,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 4 of the 53rd SessionCommittee on Labor
CHAPTER 2
AN ACT to amend NRS sections 607.070 and 607.170, relating to disclosure of information by, and assignment of wage claims to, the labor commissioner, by providing that the labor commissioner and his employees shall make available all books and records of the office to the fiscal analyst for audit purposes, and by providing that the labor commissioner may open bank accounts for deposit of funds received from wage claims; requiring a bond; and providing other matters properly relating thereto.
[Approved January 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 607.070 is hereby amended to read as follows:
607.070 Officers and employees in the office of the labor commissioner shall [give to all persons requesting it all necessary information which they may possess, but no information that is of such a nature that it would be against public policy and against the best interest of the office of labor commissioner will be given to anyone.] make available to the fiscal analyst and his authorized representatives all books and records of the office for purposes of legislative audits.
Sec. 2. NRS 607.170 is hereby amended to read as follows:
607.170 1. When the labor commissioner deems it necessary, he shall have the power and authority to take assignments of wage claims and to prosecute actions for collection of wages and other demands of persons who are financially unable to employ counsel in cases in which, in the judgment of the labor commissioner, the claims for wages are valid and enforceable in the courts.
κ1967 Statutes of Nevada, Page 2 (CHAPTER 2, AB 4 of the 53rd Session)κ
shall have the power and authority to take assignments of wage claims and to prosecute actions for collection of wages and other demands of persons who are financially unable to employ counsel in cases in which, in the judgment of the labor commissioner, the claims for wages are valid and enforceable in the courts.
2. In all wage matters and before the taking of such assignments, the labor commissioner, in his discretion, may summon to appear before him, at a suitable place in the county of the wage claimant or claimants, his or their employer or employers and all other necessary persons for the purpose of adjusting and settling claims for wages before bringing suit therefor, and the labor commissioner shall have the power to effect reasonable compromises of and concerning such wage claims.
3. The labor commissioner or his deputy may maintain a commercial account with any bank within the state for the deposit of funds collected for wage claims. Such funds shall be promptly paid to the persons entitled thereto. At the end of each calendar year, any unclaimed moneys in the commercial account which shall have been a part of such account for a period of 7 years or more shall be paid into the general fund in the state treasury for the use of the state.
4. Before availing himself of the authority provided by subsection 3, the labor commissioner or his deputy shall give a good and sufficient bond in the penal sum of $5,000 running to the State of Nevada, conditioned that he shall faithfully discharge the duties provided by subsection 3. The bond shall be given by the state pursuant to the provisions of NRS 282.230 to 282.350, inclusive, or by two or more individuals as surety or sureties. The bond shall be subject to approval by the governor and shall then be filed with the secretary of state. If the bond is given by the state, the premium therefor shall be paid out of the moneys appropriated for the support of the labor commissioner in the manner provided by NRS 282.300.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 37Committee on Finance
CHAPTER 3
AN ACT to amend chapter 396 of NRS, concerning the University of Nevada, by adding new sections relating to borrowing by, and to other obligations, bonds, and other securities of the University of Nevada and of its board of regents, and also relating to moneys and properties appertaining thereto; specifying powers, duties, rights, privileges, liabilities and limitations and providing other details in connection therewith; and providing other matters properly relating thereto.
[Approved January 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 78, inclusive, of this act.
Sec. 2. Sections 2 to 78, inclusive, of this act shall be known as the University Securities Law.
κ1967 Statutes of Nevada, Page 3 (CHAPTER 3, SB 37)κ
Sec. 3. It is the purpose of the University Securities Law to provide a procedure for financing any projects otherwise authorized by law and for the issuance of securities to evidence or re-evidence obligations incurred in connection with any projects. The University Securities Law is supplemental in nature, and nothing herein contained shall be construed as authorizing any particular project nor as authorizing the incurrence of any obligations to defray the cost of any project.
Sec. 4. The terms in sections 5 to 31, inclusive, of this act defined for all purposes of this University Securities Law and of any act amendatory thereof, supplemental thereto or relating thereto, and of any instrument or document appertaining thereto, except where the context by clear implication otherwise requires, have the meanings herein specified.
Sec. 5. Acquisition or acquire includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any body corporate and politic therein, or any person, the endowment, bequest, devise, transfer, assignment, option to purchase, other contract or other acquirement, or any combination thereof, of any properties pertaining to a project, or an interest therein.
Sec. 6. Board means the board of regents of the University of Nevada, constituting the governing body of the university and a body corporate and politic by the name of the board of regents of the University of Nevada, is a political subdivision of this state, and means any successor governing body of the university.
Sec. 7. Chairman, or chairman of the board, or any phrase of similar import, means the de facto or de jure presiding officer of the board, or his successor in functions, if any.
Sec. 8. Commercial bank means a state or national bank or trust company which is a member of the Federal Deposit Insurance Corporation, including without limitation any trust bank as herein defined.
Sec. 9. Cost of any project, or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, which cost at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the university or the board from funds available for use therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the board, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The costs of contingencies;
κ1967 Statutes of Nevada, Page 4 (CHAPTER 3, SB 37)κ
7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the board to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the university or the board;
9. The costs of funding any emergency loans, construction loans and other temporary loans of not exceeding 3 years appertaining to a project and of the incidental expenses incurred in connection with such loans; and
10. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the board.
Sec. 10. Facilities means buildings, structures or other income-producing facilities from the operation of which or in connection with which pledged revenues for the payment of any bonds or other securities issued hereunder are derived, including without limitation any facilities to be acquired with the proceeds of the bonds or securities issued hereunder.
Sec. 11. Federal Government means the United States, or any agency, instrumentality or corporation thereof.
Sec. 12. Federal securities means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States.
Sec. 13. Gross revenues or gross pledged revenues means all pledged revenues received by the university or the board, or both the university and the board, and pledged for the payment of any securities issued hereunder.
Sec. 14. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto, hereunder, and any similar term refer to this University Securities Law and not solely to the particular portion thereof in which such word is used; heretofore means before the adoption of the University Securities Law; and hereafter means after the adoption of the University Securities Law.
Sec. 15. Holder, or any similar term, when used in conjunction with any coupons, any bonds or any other securities issued hereunder, means the person in possession and the apparent owner of the designated item if such obligation is registered for payment to bearer or is not registered, or the term means the registered owner of the designated item if it is at the time registered for payment otherwise than to bearer.
Sec. 16. Improvement or improve includes the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of any properties pertaining to a project, or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.
κ1967 Statutes of Nevada, Page 5 (CHAPTER 3, SB 37)κ
Sec. 17. Net revenues or net pledged revenues means gross revenues, after the deduction of operation and maintenance expenses.
Sec. 18. Operation and maintenance expenses, or any phrase of similar import, means all reasonable and necessary current expenses of the university or the board, or of both the university and the board, as the case may be, paid or accrued, of operating, maintaining and repairing the facilities pertaining to the pledged revenues for the payment of the bonds or other securities issued hereunder; and the term may include at the boards option (except as limited by contract or otherwise limited by law), without limiting the generality of the foregoing:
1. Legal and overhead expenses of the various university departments directly related and reasonably allocable to the administration of the facilities;
2. Fidelity bond and insurance premiums appertaining to the facilities, or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;
3. The reasonable charges of any paying agent, or commercial bank, trust bank, or other depository bank appertaining to any securities issued by the university or by the board or appertaining to any facilities;
4. Contractual services, professional services, salaries, administrative expenses, and costs of labor appertaining to facilities;
5. The costs incurred by the board in the collection of all or any part of the pledged revenues, including without limitation revenues appertaining to any facilities;
6. Any costs of utility services furnished to the facilities by the university or otherwise; and
7. Reasonable allowances for the depreciation of furniture and equipment for the facilities.
Sec. 19. The term operation and maintenance expenses does not include:
1. Any allowance for depreciation, except as otherwise provided in subsection 7 of section 18 hereof;
2. Any costs of reconstruction, improvements, extensions or betterments;
3. Any accumulation of reserves for capital replacements;
4. Any reserves for operation, maintenance or repair of any facilities;
5. Any allowance for the redemption of any bond or other security evidencing a loan or other obligation or the payment of any interest thereon;
6. Any liabilities incurred in the acquisition or improvement of any properties comprising any project or any existing facilities, or any combination thereof; and
7. Any other ground of legal liability not based on contract.
Sec. 20. Person means a corporation, firm, other body corporate (but excluding the Federal Government, the state, or any other body corporate and politic), partnership, association or individual, and also includes an executor, administrator, trustee, receiver or other representative appointed according to law.
Sec. 21. Pledged revenues means the moneys pledged wholly or in part for the payment of bonds or other securities issued hereunder, and, subject to any existing pledges or other contractual limitations, may include at the boards discretion, income or moneys derived from one, all or any combination of the following revenue sources, including without limitation student fees and other fees, rates and charges appertaining thereto:
κ1967 Statutes of Nevada, Page 6 (CHAPTER 3, SB 37)κ
subject to any existing pledges or other contractual limitations, may include at the boards discretion, income or moneys derived from one, all or any combination of the following revenue sources, including without limitation student fees and other fees, rates and charges appertaining thereto:
1. Dormitories, apartments and other housing facilities;
2. Cafeterias, dining halls and other food service facilities;
3. Student union and other student activities facilities;
4. Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;
5. Stadium, arena, theater, fieldhouse and other athletic or recreation facilities for use in part by spectators or otherwise;
6. Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;
7. Properties providing heat or any other utility furnished by the university or the board to any facilities on its campus; and
8. Investments and reinvestments of unrestricted endowments.
Sec. 22. The term pledged revenues does not include any of the following:
1. The proceeds of any tuition charges and registration fees;
2. The principal of any endowments, restricted or unrestricted;
3. The proceeds of any levy of any general (ad valorem) property taxes;
4. The proceeds of any grants, appropriations or other donations from the Federal Government, this state or any other donor; and
5. The income or moneys derived from the operation of any buildings, structures, or other facilities of the university or the board not hereinabove designated in section 21 hereof.
Sec. 23. President of the university means the de facto or de jure presiding officer of the University of Nevada and its chief administrative officer, or his successor in functions, if any.
Sec. 24. Project means any undertaking or undertakings which the board is authorized by law (other than this act) to complete in its name or in the name of the university, the cost of which the board is authorized by law (other than this act) to defray by the issuance of bonds or other securities of the board or the university as provided hereunder.
Sec. 25. Secretary of the board means the de facto or de jure secretary of the board of regents of the University of Nevada, or his successor in functions, if any.
Sec. 26. Securities means notes, warrants, bonds, temporary bonds and interim debentures authorized to be issued hereunder in the name and on the behalf of the university or of the board for the benefit of the university.
Sec. 27. State means the State of Nevada, in the United States.
Sec. 28. Treasurer of the university means the de facto or de jure treasurer of the board and ex officio treasurer of the University of Nevada, or his successor in functions, if any.
Sec. 29. Trust bank means a commercial bank which is authorized to exercise and is exercising trust powers and also means any branch of the Federal Reserve Bank.
κ1967 Statutes of Nevada, Page 7 (CHAPTER 3, SB 37)κ
to exercise and is exercising trust powers and also means any branch of the Federal Reserve Bank.
Sec. 30. United States means the United States of America.
Sec. 31. University means the University of Nevada, the state university constituting a body corporate and politic, a political subdivision of this state, and located in the city of Reno, in the county of Washoe and State of Nevada, with a regional branch designated Nevada Southern University and located in Clark County, Nevada, and means any successor educational institution.
Sec. 32. 1. Any bonds or other securities issued hereunder, together with any interest accruing thereon and any prior redemption premiums due in connection therewith, shall be payable and collectible solely out of net pledged revenues; the holder or holders thereof may not look to any general or other fund for such payment of such securities, except the net revenues pledged therefor; the securities shall not constitute an indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation, if any such limitation appertains thereto; the bonds or other securities shall not be considered or held to be general obligations of the university or the board but shall constitute the special obligations of either the university or the board; and the board shall not pledge the full faith and credit for their payment of either the university or the board.
2. None of the covenants, agreements, representations and warranties contained in any resolution authorizing the issuance of bonds or other securities hereunder or in any other instrument appertaining thereto, in the absence of any breach thereof, shall ever impose or shall be construed as imposing any liability, obligation or charge against the university or the board (except the special funds pledged therefor) or against the general credit of either the university or board, payable out of the general fund of either, or out of any funds derived from taxation.
Sec. 33. 1. Before any securities are actually issued payable from any net pledged revenues, except for any securities issued solely for the purpose of funding or refunding or both funding and refunding outstanding securities, any such revenues for the next preceding 12 months, for the next preceding calendar year, or for the next preceding fiscal year, as defined and otherwise determined by the board, shall be sufficient to pay an amount representing 110 percent of the combined maximum annual principal and interest requirements to be paid during such 12 months, calendar year or fiscal year of any outstanding securities payable from and constituting a lien upon such net pledged revenues and the securities proposed to be issued (excluding any reserves therefor), except as otherwise expressly provided in this section.
2. In any determination of whether or not any proposed securities meet the earnings test limiting their issuance as provided in subsection 1 of this section:
(a) There shall be deducted from or added to any gross pledged revenues any estimated decrease or increase in such revenues resulting from any decreased or increased or additional fees, rates or charges fixed by the board, whether or not appertaining to any additional facilities for which the proposed securities are authorized to be issued; and
κ1967 Statutes of Nevada, Page 8 (CHAPTER 3, SB 37)κ
(b) There shall be deducted from or added to any operation and maintenance expenses any estimated decrease or increase in such expenses, whether or not resulting from any additional facilities for which the proposed securities are authorized to be issued.
3. The respective annual principal and interest requirements (including as an interest requirement the amount of any prior redemption premiums due on any prior redemption date as of which any outstanding securities have been called or have been ordered by the board to be called for prior redemption) shall be reduced to the extent such requirements are scheduled to be paid with any moneys held in trust or escrow for that purpose in any trust bank or trust banks within or without or both within and without the state, including without limitation the known minimum yield from any investment or reinvestment of any such moneys in federal securities.
4. The estimates and adjustments provided in subsections 2 and 3 of this section and the calculations required by subsection 1 of this section shall be made by the treasurer of the university; and his estimates, adjustments and determination of whether the earnings test provided in subsection 1 of this section has been met shall be conclusively presumed to be accurate. Nothing contained in this section shall be construed to prohibit the issuance of securities merely because there were no pledged revenues nor operation and maintenance expenses, in the absence of such adjustments, in the next preceding 12 months, calendar year, or fiscal year, as the case may be.
5. Nothing herein contained shall be construed as preventing the board from providing an earnings test in any resolution authorizing the issuance of securities or in any other proceedings appertaining thereto which test limits the issuance of any additional securities.
Sec. 34. The payment of securities shall not be secured by an encumbrance, mortgage or other pledge of property of the university or the board, except for the pledged revenues of the university or the board. No property of either the university or the board, subject to such exception, shall be liable to be forfeited or taken in payment of securities.
Sec. 35. No recourse shall be had for the payment of the principal of, any interest on, and any prior redemption premiums due in connection with any bonds or other securities of the university or the board of for any claim based thereon or otherwise upon the resolution authorizing their issuance or other instrument appertaining thereto, against any individual regent of the board, past, present or future, either directly or indirectly through the board or the university, or otherwise, whether by virtue of any constitution, statute or rule of law, or by the endorsement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
Sec. 36. 1. Any bonds or other securities issued hereunder shall not be considered to be obligations general, special or otherwise of the state, nor to be securities or debt of the state, and shall not be enforcible against the state.
2. Nothing in this University Securities Law shall be construed to authorize the university or the board in any way to obligate the state (except as herein otherwise expressly provided in section 37 hereof), or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of any tuition charges and registration fees paid to the university or the board, of the proceeds of any general (ad valorem) property taxes derived directly or indirectly by the university or the board for the benefit of the university, of any income or gain derived from the investment and reinvestment of moneys accounted for in either the irreducible university fund or the contingent university fund, of grants, appropriations or other donations made by the Federal Government, the state legislature or any other donor (except for the interest or other gain derived from the investment and reinvestment of the principal of unrestricted endowments, as permitted by subsection 7 of section 21 hereof), and of any revenues derived from the operation of or otherwise appertaining to any buildings, structures or other facilities of the board or university (except for those classifications thereof designated in subsections 1 to 6, inclusive, of section 21 hereof).
κ1967 Statutes of Nevada, Page 9 (CHAPTER 3, SB 37)κ
(except as herein otherwise expressly provided in section 37 hereof), or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of any tuition charges and registration fees paid to the university or the board, of the proceeds of any general (ad valorem) property taxes derived directly or indirectly by the university or the board for the benefit of the university, of any income or gain derived from the investment and reinvestment of moneys accounted for in either the irreducible university fund or the contingent university fund, of grants, appropriations or other donations made by the Federal Government, the state legislature or any other donor (except for the interest or other gain derived from the investment and reinvestment of the principal of unrestricted endowments, as permitted by subsection 7 of section 21 hereof), and of any revenues derived from the operation of or otherwise appertaining to any buildings, structures or other facilities of the board or university (except for those classifications thereof designated in subsections 1 to 6, inclusive, of section 21 hereof).
Sec. 37. 1. The faith of the state is hereby pledged that this University Securities Law, any law supplemental or otherwise appertaining thereto, and any other act concerning the bonds and other securities of the board or the university or the pledged revenues, or both such securities and such revenues, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding securities of the university or the board, until all such securities payable from the pledged revenues have been discharged in full or provision has been fully made therefor, including without limitation the known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.
2. The state may at any time provide by act that no further obligations appertaining to any pledged revenues or any part thereof shall be incurred thereafter.
Sec. 38. 1. Where any project is otherwise authorized by law and where the university or the board is otherwise authorized by law to issue its securities to defray the cost of the project, at any time or from time to time the university or the board may borrow money or otherwise become obligated for the project and may evidence any such obligation by the issuance of the universitys or the boards securities.
2. In connection with any project so authorized, the university or the board, except as herein otherwise provided, may:
(a) Have a corporate seal and alter the same at pleasure;
(b) Sue and be sued;
(c) Acquire and hold real or personal property, or rights or interests therein, and water rights;
(d) Dispose of unnecessary or obsolete property, or rights or interests therein;
(e) Make contracts and execute all instruments necessary or convenient, as determined by the board;
(f) Acquire by contract or contracts or by its own agents and employees, or otherwise acquire any properties as any project or projects so authorized, and operate and maintain such properties; and
(g) Accept grants of money or materials or property of any kind from the Federal Government, the state, any agency or political subdivision thereof, or any person, upon such terms and conditions as the Federal Government, the state, or such agency or political subdivision, or person may impose.
κ1967 Statutes of Nevada, Page 10 (CHAPTER 3, SB 37)κ
the Federal Government, the state, any agency or political subdivision thereof, or any person, upon such terms and conditions as the Federal Government, the state, or such agency or political subdivision, or person may impose.
Sec. 39. The university or the board may issue in one series or more, without their being authorized at any election, in anticipation of net pledged revenues, and constituting special obligations of the university or the board, any one or more or all of the following types of securities:
1. Notes, evidencing any amount borrowed by the university or the board;
2. Warrants, evidencing the amount due to any person for any services, or supplies, equipment or other materials furnished to the university or the board for the benefit of the university and appertaining to an authorized project;
3. Bonds, evidencing any amount borrowed by the university or the board and constituting long-term financing;
4. Temporary bonds, pending the preparation of and exchangeable for definitive bonds, of like character and in the principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and
5. Interim debentures, evidencing any emergency loans, construction loans, and other temporary loans of not exceeding 3 years, in supplementation of long-term financing and the issuance of bonds, as provided in sections 61 to 64, inclusive, hereof.
Sec. 40. Notes and warrants may mature at such time or times not exceeding 1 year from the date or the respective dates of their issuance as the board may determine. They shall not be extended or funded except by the issuance of bonds or interim debentures in compliance with section 61 hereof and other provisions herein supplemental thereto.
Sec. 41. Each temporary bond shall set forth substantially the same conditions, terms and provisions as the definitive bond for which it is exchanged. Each holder of a temporary bond shall have all the rights and remedies which he would have as a holder of the definitive bond for which the temporary bond is to be exchanged.
Sec. 42. The resolution authorizing the issuance of any securities hereunder shall describe the purpose or purposes for which they are issued at least in general terms and may describe any purpose in detail.
Sec. 43. Except as herein otherwise provided and as otherwise provided in any other act the provisions of which are relevant by express reference herein thereto, any securities issued hereunder shall be:
1. In such form;
2. Issued in such manner, at, above or below par at a discount not exceeding 6 percent of the principal amount of the securities, at public or private sale, and at a price which will result in a net interest rate to the university or the board of not more than 6 percent per annum computed to maturity according to standard tables of bond values, including as a part of such rate the amount of any discount permitted by the board on the sale of the securities; and
3. Issued with such recitals, terms, covenants, conditions and other provisions, as may be provided by the board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
κ1967 Statutes of Nevada, Page 11 (CHAPTER 3, SB 37)κ
as may be provided by the board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 44. A resolution providing for the issuance of bonds or other securities hereunder or an indenture or other proceedings appertaining thereto may provide that the securities contain a recital that they are issued pursuant to this University Securities Law, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 45. 1. As the board may determine, any bonds and other securities issued hereunder (except as herein otherwise provided) shall:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the board, but not exceeding 50 years from their date;
(d) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals, but the first interest payment date may be for interest accruing for any period not exceeding 1 year;
(e) Be made payable in lawful money of the United States, at the office of the treasurer of the university or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the board; and
(f) Be printed at such place within or without this state, as the board may determine.
2. Any bonds issued hereunder shall have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.
Sec. 46. 1. Bonds and other securities issued hereunder shall be executed in the name of the university or the board, shall be signed by the chairman of the board, shall be attested by the secretary of the board, shall be countersigned by the president of the university, and shall be countersigned by the treasurer of the university; and the bonds or other securities shall be authenticated by the official seal of the university or the board. Any coupons shall be signed by the treasurer of the university. Facsimile signatures may be used on any coupons.
2. Any bonds or other securities, including without limitation any certificates endorsed thereon, may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act, cited as chapter 351 of NRS. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
3. The bonds, any coupons appertaining thereto, and other securities, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the university or the board, as the case may be, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
κ1967 Statutes of Nevada, Page 12 (CHAPTER 3, SB 37)κ
4. Any officer authorized or permitted to sign any bonds, any coupons, or any other securities, at the time of their execution and of a signature certificate appertaining thereto, 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 bonds, coupons and other securities appertaining thereto, or any combination thereof.
Sec. 47. The board may provide for the redemption of any or all of the bonds or other securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 6 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the board in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.
Sec. 48. Any bonds or other securities may be repurchased by the board out of any funds available for such purpose at a price of not more than the principal amount thereof and accrued interest, plus the amount of the premium, if any, which might on the next prior redemption date of such securities be paid to the holders thereof if such securities should be called for redemption on such date pursuant to their terms, and all securities so repurchased shall be canceled; but if the securities may not be called for prior redemption at the universitys or the boards option within 1 year from the date of their purchase, they may be repurchased without limitation as to price.
Sec. 49. All moneys received from the issuance of any securities herein authorized shall be used solely for the purpose or purposes for which issued and to defray the cost of the project thereby delineated. Any accrued interest and any premium shall be applied to the cost of the project or to the payment of the interest on or the principal of the securities, or both interest and principal, or shall be deposited in a reserve therefor, or any combination thereof, as the board may determine.
Sec. 50. Any unexpended balance of the proceeds of such securities remaining after the completion of the acquisition or improvement of properties pertaining to the project or otherwise the completion of the purpose or purposes for which such securities were issued shall be credited immediately to the fund or account created for the payment of the interest on or the principal of the securities, or both principal and interest, and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the securities and the proceedings authorizing or otherwise appertaining to their issuance, or so paid into a reserve therefor, or any combination thereof, as the board may determine.
Sec. 51. 1. The validity of any securities shall not be dependent on nor affected by the validity or regularity of any proceedings relating to a project or the proper completion of any purpose for which the securities are issued.
2. The purchaser or purchasers of the securities shall in no manner be responsible for the application of the proceeds of the securities by the university or the board or any officers, agents and employees of the board or the university, or of both.
Sec. 52. The board in any resolution authorizing the issuance of bonds or other securities hereunder or in any instrument or other proceedings appertaining thereto may create special funds and accounts for the payment of the cost of a project, of operation and maintenance expenses, of the securities, including the accumulation and maintenance of reserves therefor, of improvements, including the accumulation and maintenance of reserves therefor, and of other obligations appertaining to the securities, any project or otherwise in connection with the university.
κ1967 Statutes of Nevada, Page 13 (CHAPTER 3, SB 37)κ
bonds or other securities hereunder or in any instrument or other proceedings appertaining thereto may create special funds and accounts for the payment of the cost of a project, of operation and maintenance expenses, of the securities, including the accumulation and maintenance of reserves therefor, of improvements, including the accumulation and maintenance of reserves therefor, and of other obligations appertaining to the securities, any project or otherwise in connection with the university.
Sec. 53. 1. The board on its behalf or on the universitys behalf may employ legal, fiscal, engineering, and other expert services in connection with any project or otherwise appertaining to the university and the authorization, sale and issuance of bonds and other securities hereunder.
2. The board on its behalf or on the universitys behalf is authorized to enter into any contracts or arrangements, not inconsistent with the provisions hereof, with respect to the sale of bonds or other securities hereunder, the employment of bond counsel, and other matters as the board may determine to be necessary or desirable in accomplishing the purposes hereof.
Sec. 54. 1. The board may cause to be invested and reinvested any pledged revenues and any proceeds of bonds or other securities issued hereunder in federal securities and may cause such revenues, proceeds of securities and federal securities to be deposited in any trust bank or trust banks within or without or both within and without this state and secured in such manner and subject to such terms and conditions as the board may determine, with or without the payment of any interest on such deposit, including without limitation time deposits evidenced by certificates of deposit.
2. Any federal securities and any such certificates of deposit thus held may, from time to time, be sold and the proceeds may be so reinvested or redeposited as provided in this section.
3. Sales and redemptions of any federal securities and such certificates of deposit thus held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which the federal securities and certificates of deposit were originally acquired was placed in the treasury of the university or the board.
4. Any gain from any such investments or reinvestments may be credited to any fund or account pledged for the payment of any securities issued hereunder, including any reserve therefor, or any other fund or account appertaining to a project or otherwise appertaining to the university.
5. It is lawful for any commercial bank incorporated under the laws of this state which may act as depository of the proceeds of any securities issued hereunder, any federal securities owned by the university or the board, any pledged revenues, and any moneys otherwise appertaining to the university to furnish such indemnifying bonds or to pledge such federal securities or such other securities as may be required by the board.
Sec. 55. Any resolution providing for the issuance of any bonds or other securities hereunder payable from pledged revenues and any indenture or other instrument or proceedings appertaining thereto may at the discretion of the board contain covenants or other provisions, notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby, in order to secure the payment of such securities, in agreement with the holders of such securities, including without limitation covenants or other provisions as to any one or more of the following:
κ1967 Statutes of Nevada, Page 14 (CHAPTER 3, SB 37)κ
conferred hereby, in order to secure the payment of such securities, in agreement with the holders of such securities, including without limitation covenants or other provisions as to any one or more of the following:
1. The pledged revenues to be fixed, charged or levied and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or use of any properties or facilities, prohibition against free service, the collection of penalties and collection costs, and the use and disposition of any moneys of the university or the board, derived or to be derived, from any source herein designated;
2. The acquisition, improvement or equipment of all or any part of properties pertaining to any project or any facilities;
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any facilities, or part thereof, and the source, custody, security, regulation, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto;
4. A fair and reasonable payment by the university or the board from the general fund of the university or the board or other available moneys to the account of any designated facilities for services rendered thereby to the university or the board;
5. The payment of the cost of any project by delineating the purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof;
6. The application of any accrued interest and any premium from the sale of any bonds or other securities hereunder to the cost of a project, to any bond fund or other fund or account for the payment of interest on or the principal of the bonds or other securities, or both interest and principal, or to any reserve fund or account therefor, or any combination thereof;
7. The registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
8. The endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
9. The endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
10. The initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
κ1967 Statutes of Nevada, Page 15 (CHAPTER 3, SB 37)κ
11. The manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of smaller denominations, which bonds or other securities of smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;
12. The reissuance of any outstanding bond or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;
13. The temporary investment and any reinvestment of proceeds of bonds or other securities or pledged revenues, or both such proceeds and revenues, in federal securities;
14. The deposit of moneys or federal securities, or both moneys and such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state;
15. The pledge of and the creation of a lien upon pledged revenues or the proceeds of bonds or other securities pending their application to defray the cost of any project, or both such revenues and proceeds of securities, to secure the payment of bonds or other securities issued hereunder;
16. The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any pledged revenues or other moneys pledged for the payment of securities and the creation of future liens and encumbrances thereagainst;
17. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of the facilities or any property of the board or university; and the making and enforcement of reasonable parietal rules that shall insure the use of the facilities by all students in attendance at the university who reside on the campus of the university, or otherwise, to the maximum extent to which the facilities are capable of serving such students;
18. The determination or definition of pledged revenues from any facilities or of operation and maintenance expenses of facilities, the use and disposition of such revenues and the manner of and limitations upon paying such expenses;
19. The creation of special funds and accounts appertaining to any pledged revenues or to the bonds or other securities issued hereunder;
20. The insurance to be carried by the university or the board or any other person in interest and use and disposition of insurance moneys, the acquisition of completion, performance, surety and fidelity bonds appertaining to any project or funds, or both, and the use and disposition of any proceeds of such bonds;
21. Books of account, the inspection and audit thereof, and other records appertaining to any project, facilities or pledged revenues;
κ1967 Statutes of Nevada, Page 16 (CHAPTER 3, SB 37)κ
22. The assumption or payment or discharge of any obligation, lien or other claim relating to any part of any project, any facilities, or any securities having or which may have a lien on any part of any pledged revenues or other moneys of the board or university;
23. Limitations on the powers of the university or the board to acquire or operate, or permit the acquisition or operation of, any structures, facilities or properties which may compete or tend to compete with any facilities;
24. The vesting in a corporate or other trustee or trustees such property, rights, powers and duties in trust as the board may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee;
25. The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities;
26. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the university or the board of any covenants, conditions or obligations;
27. The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby;
28. The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of any facilities or service, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the board itself might do;
29. A procedure by which the terms of any resolution authorizing securities, or any contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given;
30. The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; and
31. All such acts and things as may be necessary or convenient or desirable in order to secure the securities, or in the discretion of the board tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the board power to do all things in the issuance of the universitys or the boards securities and for their security except as herein expressly limited.
Sec. 56. 1. Revenues pledged for the payment of any securities, as received by or otherwise credited to the university or the board, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing, or further act.
κ1967 Statutes of Nevada, Page 17 (CHAPTER 3, SB 37)κ
2. The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the university or the board, except as may be otherwise provided herein or in such resolution or other instrument, and subject to any prior pledges and liens theretofore created.
3. The lien of each such pledge shall be valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the board or university irrespective of whether such persons have notice thereof.
Sec. 57. Subject to any contractual limitations binding upon the holders of any issue or series of securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:
1. By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the board or university, or both, the president of the university, and any other of the officers, agents and employees of the board or university, or both, to require and compel the board or university, or both, or any such officers, agents or employees to perform and carry out their respective duties, obligations or other commitments hereunder and their respective covenants and agreements with the holder of any security;
2. By action or suit in equity to require the board or university, or both, to account as if they were the trustee of an express trust;
3. By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the board itself might do in accordance with the obligations of the university or the board; and
4. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any securities and to bring suit thereupon.
Sec. 58. 1. If a resolution of the board authorizing or providing for the issuance of any securities of any series or any other proceedings appertaining thereto contains a provision authorized by subsection 28 of section 55 hereof and further provides in substance that any trustee appointed pursuant to such subsection shall have the powers provided by that subsection, then such trustee, whether or not all of the bonds or other securities of such series have been declared due and payable, shall be entitled as of right to the appointment of a receiver of the facilities appertaining thereto.
2. Any receiver appointed as permitted by subsection 28 of section 55 hereof may enter upon and take possession of the facilities and property appertaining thereto, and, subject to any pledge or contract with the holders of such securities, shall take possession of all moneys and other property derived from or applicable to the acquisition, operation, maintenance or improvement of the facilities and proceed with such acquisition, operation, maintenance or improvement which the board on its behalf or on the behalf of the university is under any obligation to do, and operate, maintain, equip and improve the facilities, and fix, charge, collect, enforce and receive the service charges and all revenues thereafter arising subject to any pledge thereof or contract with the holders of such securities relating thereto and perform the public duties and carry out the contracts and obligations of the university or the board in the same manner as the board itself might do and under the direction of the court.
κ1967 Statutes of Nevada, Page 18 (CHAPTER 3, SB 37)κ
property derived from or applicable to the acquisition, operation, maintenance or improvement of the facilities and proceed with such acquisition, operation, maintenance or improvement which the board on its behalf or on the behalf of the university is under any obligation to do, and operate, maintain, equip and improve the facilities, and fix, charge, collect, enforce and receive the service charges and all revenues thereafter arising subject to any pledge thereof or contract with the holders of such securities relating thereto and perform the public duties and carry out the contracts and obligations of the university or the board in the same manner as the board itself might do and under the direction of the court.
Sec. 59. No right or remedy conferred upon any holder of any securities or any coupon appertaining thereto or any trustee for such holder hereby or by any proceedings appertaining to the issuance of such securities or coupon is exclusive of any right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred hereby or by any other law.
Sec. 60. The failure of any holder of any securities or any coupons appertaining thereto so to proceed as herein provided or in such proceedings shall not relieve the board or the university, or any of their officers, agents and employees of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 61. 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 3 years from the date of the interim debentures, as the board may determine.
2. The proceeds of interim debentures shall be used to defray the cost of the project appertaining thereto.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as with the proceeds of bonds.
Sec. 62. 1. Pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures.
2. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the board may determine, but in no event exceeding 50 years from the dates of such bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.
3. Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds 6 percent per annum.
Sec. 63. No interim debentures issued pursuant to the provisions hereof shall be extended or funded except by the issuance or reissuance of a bond or bonds in compliance herewith.
κ1967 Statutes of Nevada, Page 19 (CHAPTER 3, SB 37)κ
Sec. 64. 1. For the purpose of funding any interim debentures, any bonds pledged as collateral security to secure the payment of such interim debentures (upon their surrender as pledged property) may be reissued, and any bonds not previously issued but authorized to be issued by any law for a purpose or purposes the same as or encompassing the purpose or purposes for which the interim debentures were issued, may be issued for such a funding.
2. Any such bonds shall mature at such time or times as the board may determine, but in no event exceeding 50 years from the dates of the interim debentures so funded and the bonds so pledged as collateral security, or if the dates are not the same, from whichever date is the earlier.
3. Bonds for funding (including but not necessarily limited to any such reissued bonds) and bonds for any other purpose or purposes may be issued separately or issued in combination in one series or more.
4. Except as herein otherwise provided in section 61 to and including this section 64 of this University Securities Law, any such funding bonds shall be issued as is provided herein for other bonds.
Sec. 65. 1. Any bonds of the board or university issued hereunder or pursuant to any other act and payable from any pledged revenues may be refunded by the board on its behalf or on behalf of the university by the adoption of a resolution or resolutions by the board and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of bonds:
(a) To refund, pay and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds; or
(b) For the purpose of reducing interest costs or effecting other economies; or
(c) For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or to any facilities appertaining thereto; or
(d) For any combination thereof.
2. Nothing contained herein nor in any other law of this state shall be construed to permit the board to call on its behalf or on behalf of the university bonds now or hereafter outstanding for prior redemption in order to refund such bonds or in order to pay them prior to their stated maturities, unless the right to call such bonds for prior redemption was specifically reserved and stated in such bonds at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding bonds are strictly observed. It is the intention of this subsection to make it certain that the holder of no outstanding bond may be compelled to surrender such bond for refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such refunding might result in financial benefit to the board or university.
3. Notwithstanding the provisions of subsection 2 of this section or of any other law, this state, acting by and through the state board of finance, may agree with the university or its board to exchange any outstanding bonds of the university or the board and held by the state, or any agency, corporation, department or other instrumentality of the state, for refunding bonds of the university or the board, or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds to the board for refunding at any time prior to their respective maturities or to any date as of which the board has the right and option to call on its behalf or on behalf of the university such outstanding bonds for prior redemption as expressly provided in the outstanding bonds and any resolution, trust indenture or other proceedings authorizing their issuance.
κ1967 Statutes of Nevada, Page 20 (CHAPTER 3, SB 37)κ
finance, may agree with the university or its board to exchange any outstanding bonds of the university or the board and held by the state, or any agency, corporation, department or other instrumentality of the state, for refunding bonds of the university or the board, or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds to the board for refunding at any time prior to their respective maturities or to any date as of which the board has the right and option to call on its behalf or on behalf of the university such outstanding bonds for prior redemption as expressly provided in the outstanding bonds and any resolution, trust indenture or other proceedings authorizing their issuance.
4. Any provision herein concerning the refunding of outstanding bonds includes any outstanding securities evidencing long-term loans to the university or the board regardless of whether such securities are designated as bonds, certificates, single certificates or otherwise.
Sec. 66. 1. Any bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds being refunded or may be publicly or privately sold.
2. The refunding bonds, or any part thereof, may be exchanged by the board for federal securities which have been made available for escrow investment by any purchaser of refunding bonds, upon terms of exchange mutually agreed upon, and any federal securities so received by the board shall be placed in escrow as provided in sections 68 and 69 hereof.
Sec. 67. 1. No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.
2. No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate exceeding 6 percent per annum.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
Sec. 68. 1. Except as herein otherwise provided, the proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow or trust in any trust bank or trust banks within or without or both within and without this state to be applied to the payment of the refunded bonds or the refunding bonds, or both the refunded bonds and the refunding bonds, upon their presentation therefor to the extent, in such priority and otherwise in the manner which the board may determine.
κ1967 Statutes of Nevada, Page 21 (CHAPTER 3, SB 37)κ
or both the refunded bonds and the refunding bonds, upon their presentation therefor to the extent, in such priority and otherwise in the manner which the board may determine.
2. The incidental costs of the refunding of bonds may be paid by the purchaser of the refunding bonds or be defrayed from any general fund or other available revenues of the university or the board or from the proceeds of the refunding bonds, or from the interest or other yield derived from the investment of any refunding bond proceeds or other moneys in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the board may determine.
3. Any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon or the principal thereof, or to both interest and principal, or may be deposited in a reserve therefor, or may be used to refund bonds by deposit in escrow, trust or otherwise, or may be used to defray any incidental costs appertaining to the refunding, or any combination thereof, as the board may determine.
Sec. 69. 1. Any such escrow or trust shall not necessarily be limited to proceeds of refunding bonds but may include other moneys available for its purpose.
2. Any proceeds in escrow or trust, pending such use, may be invested or reinvested in federal securities.
3. Any trust bank accounting for federal securities in such escrow or trust may place them for safekeeping wholly or in part in any trust bank or trust banks within or without or both within and without this state.
4. Any trust bank shall continuously secure any moneys placed in escrow or trust and not so invested or reinvested in federal securities by a pledge in any trust bank or trust banks within or without or both within and without the state of federal securities in an amount at all times at least equal to the total uninvested amount of such moneys accounted for in such escrow or trust.
5. Such proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, shall be in an amount at all times at least sufficient to pay principal, interest, any prior redemption premiums due, and any charges of the escrow agent or trustee and any other incidental expenses payable therefrom, except to the extent provision may have been previously otherwise made therefor, as such obligations become due at their respective maturities or due at designated prior redemption date or dates in connection with which the board shall have exercised or shall be obligated to exercise a prior redemption option on its behalf or on behalf of the university.
6. The computations made in determining such sufficiency shall be verified by a certified public accountant licensed to practice in this state or in any other state.
7. Any purchaser of any refunding bond issued hereunder shall in no manner be responsible for the application of the proceeds thereof by the board or the university or any of their respective officers, agents or employees.
Sec. 70. Refunding bonds may be made payable from any pledged revenues which might be legally pledged for the payment of the bonds being refunded at the time of the refunding or at the time of the issuance of the bonds being refunded, as the board may determine, notwithstanding the revenue sources or the pledge of such revenues for the payment of the outstanding bonds being refunded is hereby modified.
κ1967 Statutes of Nevada, Page 22 (CHAPTER 3, SB 37)κ
being refunded at the time of the refunding or at the time of the issuance of the bonds being refunded, as the board may determine, notwithstanding the revenue sources or the pledge of such revenues for the payment of the outstanding bonds being refunded is hereby modified.
Sec. 71. Bonds for refunding and bonds for any other purpose or purposes authorized by any other law may be issued separately or issued in combination in one series or more by the university or the board.
Sec. 72. Except as in sections 65 to 71, inclusive, of this University Securities Law expressly provided or necessarily implied, the relevant provisions elsewhere herein appertaining generally to the issuance of bonds to defray the cost of any project shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the covenants and other provisions of the resolution authorizing the issuance of the bonds, or other instrument or proceedings appertaining thereto, and other aspects of the bonds.
Sec. 73. The determination of the board that the limitations hereunder imposed upon the issuance of refunding bonds or upon the issuance of other securities hereunder have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing resolution or the securities thereby authorized contain a recital as authorized by section 44 hereof.
Sec. 74. Bonds and other securities issued under the provisions of this University Securities Law, their transfer and the income therefrom shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 75. It is legal for the state board of finance to invest any permanent state funds or other state funds available for investment in any of the bonds or other securities authorized to be issued pursuant to the provisions hereof.
Sec. 76. 1. It is legal for any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds or other securities issued hereunder.
2. Nothing contained in this section with regard to legal investments shall be construed as relieving any representative of any corporation or other person of any duty of exercising reasonable care in selecting securities.
Sec. 77. 1. This act, without reference to other statutes of this state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of the incidental powers herein granted concerning the borrowing of money to defray wholly or in part the cost of any project appertaining to the university or the board, or to refinance outstanding loans, or both, and the issuance of bonds or other securities to evidence such loans or other obligations or to fund or refund outstanding securities, or any combination thereof, as the board may determine.
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 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.
κ1967 Statutes of Nevada, Page 23 (CHAPTER 3, SB 37)κ
of securities or the exercise of any other power herein granted that 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. 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.
4. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the board or to the university acting by and through the board, or any officer, agent or employee thereof, by any other law.
5. 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 an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 78. This act being necessary to secure the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 79. This act shall become effective upon passage and approval.
________
Senate Bill No. 36Committee on Finance
CHAPTER 4
AN ACT authorizing the acquisition of certain specified projects and the issuance and sale of revenue bonds and other securities by the University of Nevada for such projects and the use and repayment of the receipts of such securities; prohibiting the acquisition of movable furniture and furnishings with the proceeds derived from the issuance and sale of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; and providing other matters properly relating thereto.
[Approved January 26, 1967]
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. Acquisition or acquire includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any body corporate and politic therein, or any person, the endowment, bequest, devise, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any properties pertaining to the project, as defined in subsection 3 of this section, or an interest in the project.
2. Board means the board of regents of the University of Nevada.
3. Pledged revenues means the proceeds of a capital improvement fee of at least $42 per semester per student in the regular academic day program during the regular academic year of two semesters (but excluding any nighttime students and excluding any summer students).
κ1967 Statutes of Nevada, Page 24 (CHAPTER 4, SB 36)κ
fee of at least $42 per semester per student in the regular academic day program during the regular academic year of two semesters (but excluding any nighttime students and excluding any summer students).
4. Project means the chemistry and lecture buildings of the physical science building project on the Washoe County campus to be acquired under the phase I construction on behalf and in the name of the university by the board, equipment and furnishings therefor, and structures, improvements and other appurtenances relating thereto.
5. University means the University of Nevada.
Sec. 2. 1. The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To acquire the project; and
(b) For the purpose of defraying wholly or in part the cost of the project, as defined in this act and in the University Securities Law, to issue bonds or other securities of the university, payable from pledged revenues, in a total principal amount of not exceeding $1,660,000, at any time or from time to time after the adoption of this act, but not after 5 years from the effective date thereof, as the board may determine.
2. Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
3. None of the proceeds derived from the issuance and sale of such securities shall be expended for the acquisition of movable furniture and furnishings for the project.
Sec. 3. Upon the request of the board, all phases of the planning, design, construction and equipment of the 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. 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 securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities 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. 5. 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. 6. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 25κ
Senate Bill No. 38Committee on Finance
CHAPTER 5
AN ACT creating the 1967 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $945,000, for the purpose of constructing and furnishing in a minimum manner chemistry and lecture buildings at the University of Nevada in Washoe County, Nevada; prescribing other details and conditions concerning such bonds; requiring annually the levy and collection of a special property (ad valorem) tax to pay the interest on the bonds and to pay and retire the same and providing for the keeping of the proceeds of such tax in special funds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1967 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; and providing other matters properly relating thereto.
[Approved January 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, unless the context otherwise requires, commission means the 1967 state general obligation bond commission.
Sec. 2. The 1967 state general obligation bond commission, consisting of the governor, the secretary of state and the state treasurer, is hereby created.
Sec. 3. For the purpose only of constructing and furnishing in a minimum manner chemistry and lecture buildings of phase I of the physical science building project on the Washoe County campus of the University of Nevada, the commission shall, after receipt of a resolution from the state planning board certifying the need for moneys to construct and furnish such buildings in a minimum manner, issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $945,000.
Sec. 4. 1. Each series of bonds shall be authorized by resolution of the commission.
2. The bonds shall:
(a) Be of convenient denominations.
(b) Be fully negotiable within the meaning and for all the purposes of the Uniform Commercial Code-Investment Securities, but may provide for their registration for payment either as to principal along, or as to both principal and interest, and may in the future, at the request of the holder or registered owner thereof, be converted into bonds of different denominations, dollar for dollar, if the resolution authorizing the issuance of the bonds so to be converted so provides.
(c) Be issued in one or more series.
(d) Mature serially in regular numerical order at annual or other designated intervals, 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 of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations or, at the option of the commission, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom.
κ1967 Statutes of Nevada, Page 26 (CHAPTER 5, SB 38)κ
serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom. No bond, however, shall mature after 20 years from the effective date of this act.
(e) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year.
(f) 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 commission.
(g) Unless they be registered for payment as to principal and interest, have interest coupons attached in such manner as they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
(h) Pledge specifically the full faith and credit of the state for their payment.
3. The resolution authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such resolution, and upon the payment of such premium, if any, as the commission may determine and state therein.
4. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the commission.
Sec. 5. 1. The bonds shall be executed in the name of and on behalf of the State of Nevada, signed by the governor, and countersigned by the state treasurer, attested by the secretary of state, with the great seal of the State of Nevada affixed thereto.
2. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the state treasurer.
3. Use of facsimile signatures and seals on the bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, being chapter 351 of NRS, as it may from time to time be amended and supplemented.
Sec. 6. 1. 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 State of Nevada, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
2. Any officer therein 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 coupon pertaining thereto, or upon both the bond and such coupons.
Sec. 7. 1. All bonds shall be sold at public sale.
2. Before selling the bonds the commission shall:
(a) Cause a notice calling for bids for the purchase of the bonds to be published in a newspaper printed in the state and having a general circulation therein.
κ1967 Statutes of Nevada, Page 27 (CHAPTER 5, SB 38)κ
circulation therein. The notice shall be pulished once in each calendar week for 4 successive calendar weeks preceding the day when the bids will be opened publicly.
(b) Give such other notice as may be deemed necessary by the commission.
Sec. 8. The notice shall:
1. Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.
2. Specify the maximum rate of interest the bonds shall bear.
3. Require each bidder to submit a written bid specifying:
(a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or
(b) The lowest rate of interest at which the bidder will purchase the bonds at par.
Sec. 9. All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of any board or department of the State of Nevada, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either in cash or by cashiers check or treasurers check of or certified check drawn on a solvent bank or trust company.
Sec. 10. 1. The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the commission to reject any and all bids and to readvertise the bonds for sale.
2. If there be two or more equal bids for the bonds, and such equal bids are the highest bids received from responsible bidders, the commission shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.
Sec. 11. 1. If a bid for the bonds is accepted, the commission shall return the deposits of all other bidders immediately.
2. If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days immediately following the acceptance of the bid, or within 10 days after the bonds are made ready and are offered by the commission for delivery, whichever is later, the amount of the deposit shall be forfeited to the general fund in the state treasury (but no bidder shall forfeit such deposit whenever the bonds are not ready and so offered for delivery within 60 days from the date of the acceptance of his bid), and the commission may publicly resell the bonds as herein provided.
Sec. 12. If all bids for the bonds are rejected, the commission shall:
1. Forthwith return the deposits of all bidders.
2. Readvertise the bonds for sale in the same manner as is provided for the original advertisement.
Sec. 13. 1. Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer 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.
κ1967 Statutes of Nevada, Page 28 (CHAPTER 5, SB 38)κ
3. After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.
Sec. 14. 1. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the state:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
2. If mutilated or for any other sufficient reason other than loss or destruction, any bond or bonds may be reissued in the same denomination or different denominations, dollar for dollar, with the same or different place or places of payment, but otherwise in the form and tenor of the replaced bond or bonds, in exchange and substitution for and upon the cancellation of the replaced bond or bonds and all unmatured coupons, if any, appertaining thereto, at the expense of the holder or registered owner thereof and to the satisfaction of the state.
3. Any reissued bond or bonds shall be authorized by resolution of the commission, consisting of the state officers designated in section 2 of this act, and then in office.
Sec. 15. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 16. There shall be levied annually a special tax on all property, both real and personal, subject to taxation within the boundaries of the State of Nevada, including the net proceeds of mines, sufficient to pay the interest on the bonds and to pay and retire the same as provided in this act; and the amount of money to be raised by such tax shall be included in the annual estimate or budget for each county in the state for each year for which such tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected. The proceeds thereof levied to pay interest on the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, which two special funds shall be used for no other purpose than the payment of the interest on the bonds and the principal thereof, respectively, as the same shall fall due. Such tax shall be levied immediately after the issuance of any bonds herein authorized, at the times and in the manner provided by law, and annually thereafter until all of the bonds, and the interest thereon, shall have been discharged. Any sums coming due on the bonds at any time when there are not on hand from such tax levy or levies sufficient funds to pay the same shall be promptly paid when due from the general fund of the state, reimbursement to be made to such general fund in the sums thus advanced when the taxes herein provided for shall have been collected.
κ1967 Statutes of Nevada, Page 29 (CHAPTER 5, SB 38)κ
herein provided for shall have been collected. Nothing herein contained shall be so construed as to prevent the state from applying any other funds that may be available for that purpose to the payment of the interest or principal as the same respectively mature, including, without limiting the generality of the foregoing, the payment of the bonds as provided in section 15 hereof, and upon such payments, the levy or levies here provided may thereupon to that extent be diminished. In any year in which the total taxes levied by all overlapping units within the boundaries of the State of Nevada may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any and all such units, the reduction so made shall be in taxes levied by such unit or units (including the state) for purposes other than the payment of their bonded indebtedness, including interest thereon. The taxes levied hereafter for the payment of such bonded indebtedness and the interest thereon, shall always enjoy a priority over taxes levied by each such unit (including the state) for all other purposes where reduction is necessary to comply with the limitations of section 2 of article 10 of the constitution of the State of Nevada.
There is by this act, and there shall be by resolution authorizing the issuance of any bonds hereby authorized, specially appropriated the proceeds of such taxes to the payment of such principal and interest; and such appropriations shall not be repealed nor the taxes postponed or diminished (except as herein otherwise expressly provided) until the principal of and interest on the bonds shall have been wholly paid.
Sec. 17. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.
Sec. 18. The resolution providing for the issuance of the bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 19. The proceeds of the sale or sales of the bonds shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 3 of this act, but if it shall appear at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance in short-term bonds, certificates or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. Any interest received from such investments shall be deposited in the general fund in the state treasury.
Sec. 20. 1. The state planning board is charged with the duty of constructing and furnishing in a minimum manner the chemistry and lecture buildings of phase I of the physical science building project, on the Washoe County campus of the University of Nevada, authorized by this act:
κ1967 Statutes of Nevada, Page 30 (CHAPTER 5, SB 38)κ
(a) As provided in chapter 341 of NRS.
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction and minimum furnishing of such buildings.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to construct the buildings and, if necessary, to assist in the preparation of contract documents necessary to such construction.
3. All work in connection with such construction shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for construction and furnishing of the authorized buildings. Approved plans and specifications for such buildings shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such buildings, and may let separate contracts for different and separate portions of any building, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 21. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that 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. 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. No part of this act shall repeal or affect any other law or part thereof.
Sec. 22. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 23. It shall be legal for any of the agencies and departments of the State of Nevada 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. 24. 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. 25. 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. 26. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 31κ
Assembly Bill No. 1Mr. Wooster
CHAPTER 6
AN ACT to repeal chapter 363 of NRS, relating to the poll tax; amending various sections of NRS by deleting references to the poll tax; and providing other matters properly relating thereto.
[Approved January 31, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 363 of NRS is hereby repealed.
Sec. 2. The effect of the repeal of chapter 363 of NRS shall be retroactive to January 1, 1967, and no poll tax shall hereafter be collected for residence in the state during any portion of 1967.
Sec. 3. 1. All moneys received from poll tax collections made prior to the effective date of this act by persons residing outside the limits of any incorporated town or city within this state shall be paid into the general road fund of the county in which the poll tax was collected. The boards of county commissioners of the various counties may appropriate the money of the general road fund for the building and maintenance of such public roads of their respective counties as they may deem for the best interest of the public.
2. All moneys received from poll tax collections made prior to the effective date of this act by persons residing within the limits of any incorporated town or city within this state shall be paid to the proper officer or officers of such incorporated town or city, and shall be expended by such incorporated town or city in the building, improvement and care of the public streets, alleys and roads situated therein.
Sec. 4. NRS 239.100 is hereby amended to read as follows:
239.100 1. Any law of the State of Nevada to the contrary notwithstanding, it shall be lawful to destroy or otherwise dispose of obsolete records in the office of the several county officers in the manner and according to the time schedule specified in this section.
2. The following may be destroyed after audit by the superintendent of banks and any special city auditor, and after the expiration of the time indicated:
(a) After 5 years. [Unused poll tax receipts and stubs; sheriffs] Sheriffs requisition of licenses and duplicates; duplicate and triplicate bank checks; all old claims against the county except those not affected by limitation; all old warrants superseded by checks; all old fishing and hunting license books.
(b) After 10 years. All county, city and school bonds which have been redeemed and retired.
3. Before destroying the records enumerated in subsection 2, the county auditor shall first obtain the permission of the board of county commissioners and the superintendent of banks.
Sec. 5. NRS 361.785 is hereby amended to read as follows:
361.785 1. Whenever any blank receipts for the collection of [poll taxes,] license taxes or other taxes are delivered to any officer by the state controller or by and through any other officer provided for by law, and a loss of such blank receipts is afterward claimed by any officer who has received the same, it shall be unlawful for any such officer who has received, but claims to have lost, such receipts to accept any relief from the state unless there has been filed previously with the state controller an affidavit of the officer claiming such relief, and also an affidavit of the person losing such receipts, reciting seriatim the numbers of the receipts, the particulars of the loss, and the condition of the receipts at the time the loss occurred.
κ1967 Statutes of Nevada, Page 32 (CHAPTER 6, AB 1)κ
has received the same, it shall be unlawful for any such officer who has received, but claims to have lost, such receipts to accept any relief from the state unless there has been filed previously with the state controller an affidavit of the officer claiming such relief, and also an affidavit of the person losing such receipts, reciting seriatim the numbers of the receipts, the particulars of the loss, and the condition of the receipts at the time the loss occurred.
2. The affidavit of the officer having charge of such receipts, when the loss has been occasioned through a deputy or other person, may be made upon information and belief, but the affidavit of the person actually losing the same must be positive and direct.
3. If any person, in the affidavit mentioned in this section, shall swear falsely to a material fact, the same shall constitute the crime of perjury and shall be punished as such.
Sec. 6. NRS 403.390 is hereby amended to read as follows:
403.390 1. For the purpose of creating a fund for the payment of the bonds authorized by this chapter and the interest thereon, the board of county commissioners is authorized and required to levy and collect annually a sufficient tax on all property, both real and personal, within the boundaries of the county to redeem the bonds and for the payment of the accumulated interest on all the bonds issued under this chapter.
2. The tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the county road and bridge redemption fund.
[3. The countys share of all poll taxes collected shall become a part of the county road and bridge redemption fund, or if such fund is not created then such poll taxes shall become a part of the general road fund of the county.]
Sec. 7. NRS 404.020 is hereby amended to read as follows:
404.020 1. [To create a road fund for a road district authorized to be created under the provisions of NRS 404.010 to 404.060, inclusive, the board of county commissioners is required to set off to the road fund the net proceeds of the countys proportion of all poll taxes collected from citizens residing in the road district.
2.] When the board of county commissioners deems it expedient, the board may levy a property tax not to exceed one-fourth of 1 percent on all the property in the county, annually, to be levied, assessed and collected as other taxes, and assigned by the board of county commissioners to the road funds of the several road districts, as the board may deem for the best interest of the county.
[3.] 2. When a majority of the property owners of any road district shall petition the board of county commissioners for an additional special tax for the benefit of the road district, the board of county commissioners shall levy a tax on all property within the district, at a rate not to exceed $3 on each $1,000 valuation, which shall be paid into the county treasury for the road fund of the district. Any person owing the additional special tax may pay a part or all of the same by labor on the roads of the district, at the rate of $3 for each full days work and implements of labor, $4 per day for each team of two animals, and $1 per day for each additional animal.
κ1967 Statutes of Nevada, Page 33 (CHAPTER 6, AB 1)κ
Sec. 8. NRS 608.110 is hereby amended to read as follows:
608.110 1. Nothing in this chapter shall be so construed as to preclude the withholding from the wages or compensation of any employee of any dues, rates or assessments becoming due to any hospital association or to any relief, savings or other department or association maintained by the employer or employees for the benefit of the employees, [or poll tax,] or other deductions authorized by written order of an employee.
2. At the time of payment of such wages or compensation, the employee shall be furnished by the employer an itemized list showing the respective deductions made from the total amount of such wages or compensation.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 2Messrs. Viani and Tim Hafen
CHAPTER 7
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved February 1, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being chapter 45, Statutes of Nevada 1921, as last amended by chapter 4, Statutes of Nevada 1961, at page 5, is hereby amended to read as follows:
Section 19. All moneys received for service or the sale of electrical energy and current distributed by said system, and other revenues accruing therefrom or in connection therewith, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the Mineral County Light and Power Fund, which is hereby created; provided, however, that all moneys deposited by users as meter deposits or line construction deposits shall be kept in a separate fund, to be known as the Mineral county light and power deposit fund, which is likewise hereby created; and the board of commissioners shall set aside 15 percent of the plant capital investment book value to provide for the maintenance and operation of the Mineral County power system. The Mineral County light and power fund operating balance shall not exceed $250,000.
An amount of money in lieu of franchise tax shall be paid annually to the unincorporated towns of Hawthorne, Mina and Luning as follows:
κ1967 Statutes of Nevada, Page 34 (CHAPTER 7, AB 2)κ
(a) Ten percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein up to $100,000;
(b) Five percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein from $100,000 to $200,000;
(c) Two and one-half percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein from $200,000 upwards.
Moneys paid to the unincorporated town of Luning in lieu of franchise tax shall be paid into either the Luning Water System Fund or the Luning Town Fund, or divided between such funds, as the board of county commissioners may direct.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 23Committee on Judiciary
CHAPTER 8
AN ACT to amend NRS 338.080, relating to wages paid on public works projects, by correcting an internal reference to reflect the repeal of certain sections of NRS.
[Approved February 1, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 338.080 is hereby amended to read as follows:
338.080 None of the provisions of NRS 338.010 to 338.090, inclusive, shall apply to:
1. Any work or labor done, or any construction, alteration or repair, or other employment performed, undertaken or carried out, by or for any railroad or railroad company, or any person, firm, association or corporation operating the same, whether such work, labor, construction, alteration, repair or improvement is incident to or in conjunction with a contract to which this state or any of its political subdivisions is a party, or otherwise.
2. Apprentices [duly] recorded under the provisions of [NRS 610.010 to 610.190, inclusive.] chapter 610 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 35κ
Assembly Bill No. 12Committee on Judiciary
CHAPTER 9
AN ACT to repeal NRS 205.280, relating to the crime of receiving stolen goods and to proof from unexplained possession.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.280 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 13Committee on Judiciary
CHAPTER 10
AN ACT to amend NRS 220.170, relating to the certification of Nevada Revised Statutes, by providing the correct form for citation of Nevada Revised Statutes and its component parts.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 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.
κ1967 Statutes of Nevada, Page 36 (CHAPTER 10, AB 13)κ
4. Nevada Revised Statutes and its component parts may be cited as follows:
(a) Nevada Revised Statutes: NRS
(b) A Title: Title 00 of NRS
(c) A chapter: chapter 000 of NRS
(d) A section: NRS 000.000
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 14Committee on Judiciary
CHAPTER 11
AN ACT to amend NRS 328.201, relating to the Migratory Bird Conservation Act, by inserting the renumbered United States Code reference thereto.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 328.201 is hereby amended to read as follows:
328.201 1. Notwithstanding the provisions of NRS 328.030 to 328.150, inclusive, or of any other law, the people of the State of Nevada, through their legislative authority, accept the provisions of the Act of Congress known as the Migratory Bird Conservation Act, approved February 18, 1929, as amended, and the provisions of [42] 16 U.S.C. §§ 718 to 718h, inclusive, approved March 16, 1934, as amended. Upon approval by the state board of fish and game commissioners, they consent to the acquisition by the United States, by purchase, lease, gift, exchange or otherwise, of any lands or water within the state, as the United States or its properly constituted officers or agents may deem necessary for migratory bird reservations or waterfowl production areas, in carrying out the provisions of such Acts of Congress.
2. The consent of the people of the State of Nevada to any acquisition pursuant to this section is subject to, and the state does hereby reserve to itself, such full and complete jurisdiction and authority over all such areas as is not incompatible with the administration, maintenance, protect and control thereof by the United States under the terms of such Acts of Congress; and further, the people of the State of Nevada reserve to all persons now or hereafter residing in such areas all rights, privileges and immunities under the laws of this state, insofar as they are compatible with the administration, maintenance, protection and control of such areas by the United States under the terms of such Acts of Congress.
3. Prior to such approval by the state board of fish and game commissioners, the board or boards of county commissioners of the county or counties concerned shall have given their written consent to the state board of fish and game commissioners to the proposed acquisition.
4. The consent of the state to the acquisition by the United States of land, water, or land and water for migratory bird reservations or waterfowl production areas in accordance with this section is subject to the condition that the United States conform to the laws of this state relating to the acquisition, control, use and distribution of water with respect to the land acquired.
κ1967 Statutes of Nevada, Page 37 (CHAPTER 11, AB 14)κ
land, water, or land and water for migratory bird reservations or waterfowl production areas in accordance with this section is subject to the condition that the United States conform to the laws of this state relating to the acquisition, control, use and distribution of water with respect to the land acquired.
5. The consent provided for in this section continues only so long as the property continues to belong to the United States and is held by it in accordance and in compliance with each and all of the conditions and reservations as prescribed in this section, and is used for the purposes for which it was acquired.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 16Committee on Judiciary
CHAPTER 12
AN ACT to amend NRS 386.010, relating to the creation, kinds and powers of school districts of the State of Nevada, by removing an inoperative declaration on sovereign immunity.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.010 is hereby amended to read as follows:
386.010 1. The school districts of the State of Nevada are of two kinds:
(a) County school districts.
(b) Joint school districts.
2. County school districts, the boundaries of which are conterminous with the boundaries of the counties of the state, are hereby created.
3. Joint school districts, composed of all of the territory of two or more contiguous county school districts, may hereafter be created in the manner provided in this Title of NRS.
4. Each county school district created by this chapter and each joint school district which may hereafter be created is hereby declared to be a political subdivision of the State of Nevada whose purpose is to administer the state system of public education.
5. Each school district shall have the power to sue and may be sued. [, but this legislative declaration in no way constitutes a waiver of immunity to tort liability, express or otherwise.]
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 38κ
Assembly Bill No. 17Committee on Judiciary
CHAPTER 13
AN ACT to amend NRS 495.035, relating to county emergency aircraft landing fields, by deleting the provision for sovereign immunity.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 495.035 is hereby amended to read as follows:
495.035 1. The several counties of the State of Nevada are authorized:
(a) To designate, establish and maintain emergency landing fields for flying, takeoff and landing of aircraft together with necessary conveniences, appliances, works, structures, now known or hereafter invented, of such number and character and in such places as may be necessary or convenient, in the interest of promoting the public safety. Such designation shall be made by resolution spread upon the records of the proceedings of the board of county commissioners.
(b) To pay for such establishment and maintenance out of any appropriations or other moneys made available for such purposes whether by allocations from the state airport fund or by gift or devise.
2. The board of county commissioners of any county may authorize the use of county equipment for the purposes authorized in this section.
3. The establishment and maintenance of emergency landing fields are hereby declared to be county functions and purposes, as well as public and governmental, and are matters of public necessity.
[4. No action or suit may be brought or maintained against any county or its officers, agents, servants or employees for damages arising from tort occurring from lack of maintenance of any emergency landing field.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 19Committee on Judiciary
CHAPTER 14
AN ACT to repeal NRS 177.065, relating to the appeal of moot questions of law in criminal cases.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 177.065 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 39κ
Assembly Bill No. 20Committee on Judiciary
CHAPTER 15
AN ACT to amend NRS 616.245, relating to the introduction of transcripts as evidence in Nevada industrial commission investigations, by correcting the word prescribed to read transcribed.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.245 is hereby amended to read as follows:
616.245 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any investigation, made by a stenographer appointed by the commission, being certified by that stenographer to be a true and correct transcript of the testimony in the investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the investigation so purporting to be taken and [prescribed,] transcribed, may be received in evidence with the same effect as if the stenographer were present and testified to the facts so certified.
2. A copy of the transcript shall be furnished on demand to any party upon the payment of the fee therefor as provided for transcripts in courts of record.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 22Committee on Judiciary
CHAPTER 16
AN ACT to amend NRS 394.020, relating to the exemption of certain private schools, colleges and universities from licensing, by revising the reference to a section of the United States Code which has been renumbered.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 394.020 is hereby amended to read as follows:
394.020 1. In addition to those schools exempt by definition, under NRS 394.010, the following types of schools are exempted from the provisions of NRS 394.010 to 394.120, inclusive:
(a) Schools maintained or classes conducted by employers for their own employees where no fee or tuition is charged.
(b) Courses of instruction on religious subjects given under the auspices of a religious organization.
(c) Courses of instruction given by a fraternal society or benevolent order to its members or their immediate relatives, which courses are not operated for profit.
κ1967 Statutes of Nevada, Page 40 (CHAPTER 16, AB 22)κ
(d) Schools which are under state or federal supervision.
(e) Business colleges qualified and accredited by the National Association and Council of Business Schools.
(f) Schools of cosmetology licensed and registered by the state board of cosmetology.
(g) Flying schools qualified under the Civil Aeronautics Administration.
(h) Any school qualified and certified or able to qualify under the Veterans Readjustment Assistance Act of 1952, being 38 U.S.C. [§ 901] § 1601 et seq.
(i) Schools which do not purport to be colleges or universities, and which by nature are specialized and acknowledge completion merely by certificate of completion and not by granting of a degree.
(j) Schools maintained or classes conducted for apprentices by recognized labor unions.
2. Any exempt school may choose to apply for a license under NRS 394.010 to 394.120, inclusive, and upon approval and issuance thereof shall be subject to the provisions of NRS 394.010 to 394.120, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 25Committee on Judiciary
CHAPTER 17
AN ACT to amend NRS 240.090, relating to official acts of notaries public, by replacing the reference to a notarial seal with a reference to a notarial stamp.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 240.090 is hereby amended to read as follows:
240.090 1. Any certificate or instrument, either printed or written, purporting to be the official act of a notary public under his [seal] stamp and signature, shall be received in any county in this state as prima facie evidence of the official character of such instrument, and of the truth of the facts therein set forth.
2. The original protests of a notary public, under his hand and official [seal,] stamp, of any bill of exchange or promissory note, for nonacceptance or nonpayment, stating the presentment by him of such bill of exchange or note for acceptance or payment, and the nonacceptance or nonpayment thereof, and the service of notice on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to such bill of exchange or promissory note to whom the same was given, and the post office nearest thereto, shall be prima facie evidence of the facts contained therein.
3. The certificate of a notary public, drawn from his record, stating the protest and the facts therein contained, shall be evidence of the facts in like manner as the original protest.
κ1967 Statutes of Nevada, Page 41 (CHAPTER 17, AB 25)κ
the protest and the facts therein contained, shall be evidence of the facts in like manner as the original protest.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 29Committee on Judiciary
CHAPTER 18
AN ACT to amend NRS 175.170, relating to special instructions concerning the testimony of defendants in criminal trial, by deleting the provision that the giving of such instructions is reversible error; and providing other matters properly relating thereto.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 175.170 is hereby amended to read as follows:
175.170 In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at his own request, but not otherwise, be deemed a competent witness, the credit to be given his testimony being left solely to the jury, under the instructions of the court; [provided:
1. That] but no special instruction shall be given relating exclusively to the testimony of the defendant. [; and
2. That the giving of such special instruction shall constitute reversible error.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 30Committee on Judiciary
CHAPTER 19
AN ACT to amend NRS 175.155 and 175.160, relating respectively to the exercise of peremptory challenges and to the selection of alternate jurors, by correcting the word alternatively to read alternately.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 175.155 is hereby amended to read as follows:
175.155 If all challenges on both sides are disallowed, either party may waive or exercise his right to peremptory challenge, and this shall be done [alternatively,] alternately, first by the state and then the defendant, unless one partys peremptory challenges are exhausted.
Sec. 2. NRS 175.160 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 42 (CHAPTER 19, AB 30)κ
175.160 1. Whenever, in the opinion of a judge of a district court about to try a defendant against whom has been filed any indictment or information for a felony, the trial is likely to be a protracted one, the court may cause an entry to that effect to be made in the minutes of the court, and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or two additional jurors, in its discretion, to be known as alternate jurors.
2. Such jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges. The prosecution shall be entitled to two and the defendant to two peremptory challenges to such alternate jurors. Either party may waive or exercise his right of peremptory challenge, and this shall be done [alternatively,] alternately, first by the state and then the defendant, unless one partys peremptory challenges are exhausted.
3. Such alternate jurors shall be seated near, with equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jurors; and for a failure so to do are liable to be punished for contempt.
4. They shall obey the orders of and be bound by the admonition of the court upon each adjournment thereof; but if the regular jurors are ordered to be kept in custody of the sheriff during the trial of the cause, such alternate jurors shall also be kept in confinement with the other jurors, and shall be retained until a verdict is returned by the original jurors.
5. If, before the final submission of the case, a juror dies, or becomes disqualified or unable to perform his duty, the court may duly order him to be discharged and draw the name of an alternate, who shall take his place in the jury box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 31Committee on Judiciary
CHAPTER 20
AN ACT to amend NRS 205.272, relating to the unlawful taking of vehicles, by clarifying penalty provisions.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.272 is hereby amended to read as follows:
205.272 1. Any person who shall drive or take a vehicle as defined in NRS 482.135, not his own, without the consent of the owner thereof, and with intent either permanently or temporarily to deprive the owner of his title to or possession of such vehicle, with or without intent to steal the same, shall be guilty of a felony.
κ1967 Statutes of Nevada, Page 43 (CHAPTER 20, AB 31)κ
of his title to or possession of such vehicle, with or without intent to steal the same, shall be guilty of a felony.
2. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owners consent on a previous occasion to the taking or driving of such vehicle by the same or a different person.
3. Any person who assists in, or is a party to or an accomplice in, any such unauthorized taking or driving shall [also] be guilty of a gross misdemeanor or, if previously convicted of so assisting or being a party or accomplice, shall be guilty of a felony.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 78Committee on Education
CHAPTER 21
AN ACT to amend NRS 385.020, relating to the election and appointment of members of the state board of education, by requiring that a vacancy in office of an elected member be filled by appointment until the next general election; removing temporary language; and providing other matters properly relating thereto.
[Approved February 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 385.020 is hereby amended to read as follows:
385.020 1. The state board of education shall consist of eight lay members: Six members shall be elected, one from each of the educational supervision districts of the state; and two members shall be appointed by the elected members of the board.
2. The elective lay members shall be elected as follows:
(a) At the general election in 1956, and every 4 years thereafter, three members shall be elected, one from each of the odd-numbered educational supervision districts.
(b) At the general election in 1958, and every 4 years thereafter, three members shall be elected, one from each of the even-numbered educational supervision districts.
3. Each of the lay members so elected shall hold office for a term of 4 years.
4. The elected members shall appoint two members to serve for terms of 4 years, but the members so appointed shall not be residents of the same county. One of the appointed members shall be representative of labor, and one shall be representative of agriculture.
5. If a vacancy shall occur on the board from among the elected members, the governor shall appoint a member to fill the vacancy [for the remainder] until the next general election, at which election a member shall be chosen for the balance of the unexpired term. If a vacancy shall occur in the office of an appointive member, the elected members shall fill the vacancy by the appointment of a new member for the remainder of the unexpired term.
κ1967 Statutes of Nevada, Page 44 (CHAPTER 21, AB 78)κ
shall fill the vacancy by the appointment of a new member for the remainder of the unexpired term.
[6. The elected members of the state board of education, as the same is constituted on March 2, 1956, shall continue to hold office for the terms for which they were elected.
7. In order that the state board of education shall be brought to the full complement of eight lay members on and after March 2, 1956, the governor shall, immediately after March 2, 1956, appoint three members, who, with the five members presently serving, shall constitute the state board of education until the 1st Monday of January 1957. One of the three members so appointed shall be representative of labor and one shall be representative of agriculture, but the members so appointed shall not be residents of the same county. The third member so appointed shall be a resident of one of the counties comprising educational supervision district number 6. On the 1st Monday in January 1957, the three elected members presently serving and whose terms expire on that date shall be succeeded in office by the members elected at the general election of 1956, as provided in subsection 2. On the 1st Monday of January 1959, the two elected members presently serving and whose terms of office expire on that date, together with the three members appointed by the governor immediately after March 2, 1956, shall be succeeded in office by the three members elected at the general election of 1958 and the two members to be appointed as provided in subsection 4.
8. After the appointment of the two members as provided in subsection 7, subsection 7 shall become inoperative; and thereafter the composition of the state board of education shall be maintained in accordance with the provisions of subsections 1, 2, 3, 4 and 5.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 5Messrs. Homer and Jacobsen
CHAPTER 22
AN ACT to amend an act entitled 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.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 396, Statutes of Nevada 1963, at page 981, is hereby amended to read as follows:
Section 1. 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:
κ1967 Statutes of Nevada, Page 45 (CHAPTER 22, AB 5)κ
[1.] (a) The sheriff shall receive a salary of not less than $6,500 or more than $10,000.
[2.] (b) The county assessor shall receive a salary of not less than $6,500 or more than $10,000.
[3.] (c) The district attorney shall receive a salary of not less than $6,500 or more than $10,000.
[4.] (d) The county clerk and ex officio county treasurer shall receive a salary of not less than $6,500 or more than $10,000.
[5.] (e) The county recorder and ex officio county auditor shall receive a salary of not less than $6,500 or more than $10,000.
[6.] (f) 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.
2. The county recorder and ex officio county auditor of Ormsby County shall serve as public administrator without additional salary but shall be entitled to any fees provided by law for the public administrator.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 41Committee on Judiciary
CHAPTER 23
AN ACT to amend NRS 244.915, 271.515 and 350.110, relating to local improvements and bonds, by including references to the Uniform Commercial Code.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.915 is hereby amended to read as follows:
244.915 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, 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;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the board, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. 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; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
κ1967 Statutes of Nevada, Page 46 (CHAPTER 23, SB 41)κ
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; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the board may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [.] and the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions 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 5 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 as to principal, or both principal and interest, or either, at the option of the holder.
6. 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.
7. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the treasurer, with the seal of the county affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. 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.
κ1967 Statutes of Nevada, Page 47 (CHAPTER 23, SB 41)κ
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.
10. The clerk may cause the seal of the county 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.
11. 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 county, 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.
12. 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. 2. NRS 271.515 is hereby amended to read as follows:
271.515 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, 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;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. 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; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.
κ1967 Statutes of Nevada, Page 48 (CHAPTER 23, SB 41)κ
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [.] and the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 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 coupons bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. 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 governing body:
(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.
7. Any bond shall be executed in the name of and on behalf of the municipality and signed by the mayor, chairman, or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. 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.
10. The clerk may cause the seal of the municipality 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.
11. 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 municipality, 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.
κ1967 Statutes of Nevada, Page 49 (CHAPTER 23, SB 41)κ
12. 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. 3. NRS 351.110 is hereby amended to read as follows:
350.110 1. All bonds, including refunding bonds, issued under lawful authority by any municipal corporation shall be serial in form and maturity and numbered from 1 upward consecutively. Bonds authorized at any election may be issued at one time or from time to time in one series or more. The bonds of any one series may be made payable at different times from those of any other series. The bonds of each series shall comply with the provisions of NRS 350.100.
2. The bonds of any series shall:
(a) Be negotiable in form, fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [,] and the Uniform Commercial Code-Investment Securities, and payable to bearer, subject to any provisions for their registration for payment;
(b) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be payable to bearer, shall be negotiable in form and fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [,] and the Uniform Commercial Code-Investment Securities, shall be consecutively numbered, and shall bear the number of the bond to which it appertains;
(c) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State of Nevada, as may be provided by the governing body; and
(d) Be printed at such place within or without the State of Nevada, as the governing body may determine.
3. Any proceedings 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, not exceeding 6 percent of the principal amount of each bond so redeemed, as the governing body may determine and state in the authorizing proceedings.
4. Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholders option, or for registration for payment only in either manner designated; 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 or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.
5. 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 governing body in the proceedings authorizing the bonds, except as herein otherwise provided.
κ1967 Statutes of Nevada, Page 50 (CHAPTER 23, SB 41)κ
details, as may be provided by the governing body in the proceedings authorizing the bonds, except as herein otherwise provided.
6. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the governing body may determine may be issued.
7. Notwithstanding any other provision of law, the governing body 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, and for the endorsing of payments of principal on such bond;
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bonds; and
(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 registered for payment, or coupon bonds with provisions for registration for payment.
8. In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the municipal corporation may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:
(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or
(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:
(1) Upon filing with the municipal corporation evidence satisfactory to the governing body that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and
(2) Upon furnishing the municipal corporation with indemnity satisfactory to the governing body,
upon complying with such reasonable regulations as the governing body may prescribe, and upon the payment of such expenses as the municipal corporation may incur in connection therewith.
9. The municipal corporation may also reissue any outstanding bond (upon such terms and conditions as the governing body and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.
10. 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 municipal corporation, 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.
κ1967 Statutes of Nevada, Page 51 (CHAPTER 23, SB 41)κ
11. Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.
12. 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 any purpose for which the bonds are authorized to be issued, which cost, at the option of the governing body, may include all or any part of the incidental costs appertaining to such purpose, including without limiting the generality of the foregoing, preliminary expenses advanced by the municipal corporation from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a bond election, any bond sale, or otherwise appertaining to the project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to such purpose, as estimated or otherwise ascertained by the governing body.
13. Any unexpended balance of bond proceeds remaining after the completion of the purpose or purposes for which the bonds were issued shall be paid immediately into a fund created for the payment of the principal of and interest on 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 in the proceedings authorizing their issuance.
14. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipal corporation, its governing body, or any of the officers, agents and employees of the municipal corporation.
Sec. 4. This act shall become effective on March 1, 1967.
________
κ1967 Statutes of Nevada, Page 52κ
Senate Bill No. 42Committee on Judiciary
CHAPTER 24
AN ACT to amend NRS 242A.180 and 242A.310, being parts of the Nevada Annexation Law, by correcting grammar.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 242A.180 is hereby amended to read as follows:
242A.180 1. Upon the initiation of an annexation by either of the methods provided in NRS 242A.170, and within 5 days after the filing of the necessary documents if initiated by property owners, the clerk of the governing body shall file a notice [,] with the commission, in duplicate, of intention to annex. [with the commission.] The notice shall contain the specific boundaries of the territory proposed to be annexed.
2. If the territory of a special district lies in more than one county, the notice of intention to annex shall be filed with the commission of the county in which the territory to be annexed lies.
Sec. 2. NRS 242A.310 is hereby amended to read as follows:
242A.310 1. In addition to the other methods provided by this chapter, proceedings for the detachment of territory from any special district, or the complete dissolution of any such district, and in either case the annexation of the territory affected to another local government capable of providing the services provided by the district, may be initiated by resolution of the board of county commissioners or the local government annexation commission, and shall then be carried forward as provided in NRS 242A.250 to 242A.290, inclusive. Where continuing jurisdiction of any special district is vested in any court, the approval of such court shall be required before detachment or dissolution becomes effective.
2. The governing body shall have power by ordinance or other appropriate legal action taken to diminish, reduce and contract the established limits or boundaries of the local government and to detach and sever from the local government any area or territory within such limits, in the following manner:
(a) The governing body, of its own motion or upon petition in writing signed by a majority of the property owners within the area proposed or sought to be detached, shall cause to be prepared and filed with its clerk an accurate map or plat, made by a competent surveyor and certified by him, showing the area proposed or sought to be detached and the boundaries contemplated to be diminished or contracted.
(b) Two copies of such plat, with a brief statement in duplicate of the reasons for the proposed action, shall then be filed with the commission, which shall review the proposal and act upon it in the manner provided by NRS 242A.180 to 242A.250, inclusive.
(c) The governing body shall then cause to be published in a newspaper in the local government for not less than 1 week a notice of its intention to consider and act upon the matter of the proposed change in the boundaries, briefly describing such change and referring to the map on file, and fixing a time when the governing body will meet and consider objections or protests against the proposed change.
κ1967 Statutes of Nevada, Page 53 (CHAPTER 24, SB 42)κ
(d) At the time fixed, unless there [is] are presented and filed written objections or protests against such change, signed by a majority of the property owners within the area proposed or sought to be detached, the governing body may take favorable action upon the matter, and may by ordinance or other appropriate legal action taken declare the area under consideration severed and detached from the local government, and the boundaries diminished or contracted as proposed.
(e) A copy of the map mentioned in paragraph (a), duly certified by the surveyor and by the clerk, with a certified copy of the ordinance or action as passed, approved and published, shall be at once filed with the county recorder of the proper county and upon such filing the change in boundaries shall be deemed complete and the area detached.
3. Where any territory is detached from a local government as provided in this section, provision shall be made for such proportion of any outstanding general obligations of such local government as the assessed valuation of property in the territory bears to the total assessed valuation of property in such local government and for such proportion of any obligations secured by the pledge of revenues from a public improvement as the revenue arising within the territory bears to the total revenue from such improvement as follows:
(a) If the territory is annexed to another local government, such proportionate obligation shall be assumed according to its terms by the annexing local government.
(b) If the territory is not so annexed, taxes shall be levied by the board of county commissioners upon all taxable property in the district, sufficient to discharge such proportionate general obligation according to its terms.
(c) In lieu of either method provided in paragraphs (a) and (b), where substantially all of the physical improvements for which the obligation was incurred are within the territory remaining, and with the consent of the governing body of the local government from which such territory is detached and of the holders of such obligations, the entire obligation may be assumed by such local government and the detached territory released therefrom.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 43Committee on Judiciary
CHAPTER 25
AN ACT relating to the preparation of legislative measures; to amend NRS 218.240 and 218.450, by providing for the preprinting, and the presetting of type for printing, of legislative measures before their introduction.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.240 is hereby amended to read as follows:
218.240 1. The 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.
κ1967 Statutes of Nevada, Page 54 (CHAPTER 25, SB 43)κ
amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive.
2. Upon request, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature.
3. Upon request, the 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 of the fullest information upon all matters within the scope of the duties of the legislative counsel. The legislative counsel and the legal division of the legislative counsel bureau shall not oppose or urge legislation, nor except as provided in subsection 5 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 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. The legislative counsel may deliver to the superintendent of the department of state printing and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure.
Sec. 2. NRS 218.450 is hereby amended to read as follows:
218.450 The superintendent of the state printing shall:
1. Maintain a bill filing and mailing room.
2. File all bills, resolutions, daily journals and other papers as may be ordered by the senate or assembly.
3. Receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of the same and of the order in which it may be received. When the work is executed he shall deliver the finished sheets or volumes to the sergeant-at-arms of either house as the case may be, or to any person authorized to receive them.
4. Receive from the legislative counsel and print, or preset the type for printing, legislative measures prior to their introduction.
5. Perform such duties in connection with the filing and distribution of bills, resolutions, daily journals and other papers as may be required by law or the rules or special orders of either house of the legislature.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 55κ
Assembly Bill No. 44Committee on State, County and City Affairs
CHAPTER 26
AN ACT to amend NRS 266.600, relating to general powers of the city council concerning finances, by changing sinking fund to debt service fund to conform to provisions of the Local Government Budget Act.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.600 is hereby amended to read as follows:
266.600 The city council shall have the power:
1. To control the finances of the corporation.
2. To appropriate money for corporate purposes only, and to provide for payment of debts and expenses of the corporation.
3. To levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.
4. To borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and to issue warrants and bonds therefor, if such amounts and forms and on such conditions as the council shall determine; and the council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided:
(a) That no city shall issue or have outstanding at any time bonds to an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation; and
(b) That nothing herein contained shall be construed to restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water. The council shall provide for the payment of the interest on such bonds as the same shall become due, and for a [sinking] debt service fund for the payment of the principal thereof within 30 years after issuing the same.
5. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same.
6. To divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require.
7. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
8. To fix the amount of licenses and the terms and manner of their issuance.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 56κ
Assembly Bill No. 55Committee on State, County and City Affairs
CHAPTER 27
AN ACT to be designated as the 1967 Public Securities Validation Act; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and appertaining to public securities; repealing acts in conflict herewith; and providing other matters properly relating thereto.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known as the 1967 Public Securities Validation Act.
Sec. 2. As used in this act:
1. Public body of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the state, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.
2. Public security means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation has pledged its full faith and credit or a special obligation payable wholly or in part from special assessments or from other designated revenues, or from both special assessments and other designated revenues.
3. State means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.
Sec. 3. All outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of rates, tolls and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, 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 the creation of such public body and in such public securities, 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 public securities all or any part of which have heretofore not been issued nor purportedly issued.
κ1967 Statutes of Nevada, Page 57 (CHAPTER 27, AB 55)κ
and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, 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 the creation of such public body and in such public securities, 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 public securities all or any part of which have heretofore not been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them 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 public securities heretofore not issued nor purportedly issued.
Sec. 4. This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken. This act, however, shall be limited to the validation of public securities, acts and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. Also this act shall not operate to validate, ratify, approve, confirm or legalize any public security, act, proceeding 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 public security, act, proceedings or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.
Sec. 5. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 6. 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. 7. 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. 8. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 58κ
Assembly Bill No. 46Committee on State, County and City Affairs
CHAPTER 28
AN ACT to repeal NRS 245.190, relating to vacations of elected county officials.
[Approved February 8, 1967]
Whereas, NRS 245.190 provides for a fixed amount of leave of absence to be taken by each elective county official in each year; and
Whereas, NRS 245.210 provides that each board of county commissioners shall provide by ordinance for annual and other leave which may be accumulated; and
Whereas, These statutes conflict; now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 245.190 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 51Committee on State, County and City Affairs
CHAPTER 29
AN ACT to amend NRS 354.300, relating to annual reports of county auditors, by requiring that the report be submitted to the Nevada tax commission, instead of to the superintendent of banks; and providing other matters properly relating thereto.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.300 is hereby amended to read as follows:
354.300 1. On or before the 3rd Monday of July of each year the county auditor shall, with no additional compensation therefor, submit an annual report to the board of county commissioners and to the [superintendent of banks] Nevada tax commission at Carson City, Nevada. The annual report shall include, among other things, a statement containing the information required by NRS 354.290, summarized for the four preceding quarters and covering the fiscal year. The summary statement shall be made up on forms prescribed by the [superintendent of banks.] Nevada tax commission.
2. The county auditor shall cause a reasonable number of copies of his annual report to be printed in pamphlet form for the use of the taxpayers of the county.
3. If any county auditor refuses, fails or neglects to furnish the statement, in the time and manner required, to the [superintendent of banks, the superintendent of banks] Nevada tax commission, the Nevada tax commission shall secure such statement from the county on or before August 1 by investigation [either by himself or] by some competent person [deputized by him,] designated by it, and the cost of securing [it] such statement shall be a legal charge against the delinquent county auditor.
κ1967 Statutes of Nevada, Page 59 (CHAPTER 29, AB 51)κ
such statement shall be a legal charge against the delinquent county auditor.
4. This section shall be considered mandatory, and any county auditor failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.
________
Assembly Bill No. 72Committee on Judiciary
CHAPTER 30
AN ACT to amend NRS 2.285, relating to the processing of claims by the clerk of the supreme court, to include claims made by widows of district judges.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.285 is hereby amended to read as follows:
2.285 [All claims of justices of the supreme court under NRS 2.050 and 2.060, of district judges under NRS 3.030 and 3.090, and of widows of justices of the supreme court under NRS 2.070 shall be submitted to the clerk of the supreme court, who shall act as administrative officer in processing such claims pursuant to the regulations of the state board of examiners.] All of the following claims shall be submitted to the clerk of the supreme court, who shall act as administrative officer in processing such claims pursuant to the regulations of the state board of examiners:
1. Claims of justices of the supreme court under NRS 2.050 and 2.060.
2. Claims of widows of justices of the supreme court under NRS 2.070.
3. Claims of judges of the district courts under NRS 3.030 and 3.090.
4. Claims of widows of judges of the district courts under NRS 3.095.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 57Committee on State, County and City Affairs
CHAPTER 31
AN ACT to amend NRS 318.085, relating to trustees of general improvement districts, by correcting an error designating a district trustee as a director.
[Approved February 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.085 is hereby amended to read as follows:
318.085 1. After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board.
κ1967 Statutes of Nevada, Page 60 (CHAPTER 31, AB 57)κ
district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not less than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or [director] trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection.
5. No member of the board shall receive compensation for his services.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 3Senator Dodge
CHAPTER 32
AN ACT to amend chapter 111 of NRS, relating to estates in property, by adding a new section requiring that the mailing address of the grantee be given to the county recorder at the time of recording an instrument affecting title to real property.
[Approved February 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Unless the mailing address of the grantee is contained in a conveyance of real property or instrument of writing setting forth an agreement to convey real property, the person presenting such conveyance or instrument for recording shall provide the mailing address of the grantee to the county recorder.
________
κ1967 Statutes of Nevada, Page 61κ
Assembly Bill No. 52Committee on State, County and City Affairs
CHAPTER 33
AN ACT to amend NRS 227.170, relating to the state controllers powers and duties in the drawing of warrants, by allowing the state controller to draw warrants for inactive deposits.
[Approved February 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 227.170 is hereby amended to read as follows:
227.170 The state controller shall:
1. Draw all warrants upon the treasury for money, and each warrant shall express, in the body thereof, the particular fund out of which the same is to be paid, the appropriation under which the same is drawn, and the nature of the service to be paid, and except for the purpose of making inactive deposits no warrant shall be drawn on the treasury [except there be] unless there is an unexhausted specific appropriation, by law, to meet the same.
2. Keep an account of all warrants by him drawn on the state treasury, which account shall be kept in such manner as to show monthly the amount of warrants drawn, the amount paid, and the amount outstanding.
3. Keep a record of all appropriations in a book provided for that purpose, in which book he shall enter the nature of the appropriation, referring to the statute authorizing the same, the amount appropriated, amounts credited by law, accounting debits and credits, the amounts paid therefrom each month, showing assets and expenses, and posting the same to proper ledger accounts, with a yearly total of all payments and the balance remaining, and the amount, if any, reverting.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 47Committee on State, County and City Affairs
CHAPTER 34
AN ACT to amend NRS 244.805, providing for a county debt limitation of 10 percent on general obligation bonds, by applying the limitation to general obligation bonds issued under a special or local law.
[Approved February 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.805 is hereby amended to read as follows:
244.805 1. Subject to the provisions of chapter 350 of NRS, as from time to time amended, any board, upon behalf of the county and in its name, is authorized and empowered to issue the countys general obligation bonds to acquire, to acquire and equip, to improve, or to improve and equip, any project herein authorized, or any part thereof, and thereby to defray the cost of the project wholly or in part.
κ1967 Statutes of Nevada, Page 62 (CHAPTER 34, AB 47)κ
2. No county shall ever become indebted by the issuance of bonds [hereunder] , whether such bonds are issued hereunder or under a special or local law, to an amount in the aggregate, including existing indebtedness of the county, excluding any outstanding revenue bonds, any outstanding special assessment bonds, any short-term securities issued in anticipation of and payable from general (ad valorem) taxes levied for the current fiscal year, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last-assessed valuation of the taxable property of the county.
Sec. 2. This act shall become effective on July 1, 1967.
________
Assembly Bill No. 74Committee on Education
CHAPTER 35
AN ACT to amend NRS 393.155, relating to off-site public school improvement expenditures, by allowing such expenditures to be made after July 1, 1967.
[Approved February 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 393.155 is hereby amended to read as follows:
393.155 Notwithstanding the provisions of any other law, on or after July 1, 1967, any school district in this state may expend moneys available for school construction to make necessary improvements, including but not limited to sidewalks, curbs, gutters, street lights, fire hydrants, water and sewer lines, street paving and drainage for flood control, which are located off the premises of the school district but are necessary or appropriate to the school construction undertaken.
Sec. 2. Section 2 of chapter 265, Statutes of Nevada 1965, at page 557, is hereby repealed.
Sec. 3. This act shall become effective on June 30, 1967.
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Assembly Bill No. 76Committee on Education
CHAPTER 36
AN ACT relating to the University of Nevada; requiring the board of regents to cause inventory records and controls to be maintained by the university; and providing other matters properly relating thereto.
[Approved February 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the university or its departments.
κ1967 Statutes of Nevada, Page 63 (CHAPTER 36, AB 76)κ
controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the university or its departments. Copies of current inventory records and controls shall be delivered to the chief of the purchasing division of the department of administration, and such copies shall satisfy the requirements of NRS 333.200.
Sec. 2. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records shall be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system shall be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, shall be maintained. However, such inventories of the department of highways [and] , the superintendent of state printing and the University of Nevada shall be maintained by [the department of highways and the superintendent of state printing,] those agencies respectively in accordance with the uniform rules and regulations as provided in this chapter and as may be hereafter promulgated by the chief.
Sec. 3. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.
(b) Establish or cause to be established an adequate identification scheme for all such property and equipment.
κ1967 Statutes of Nevada, Page 64 (CHAPTER 36, AB 76)κ
(c) Cause adequate records of such equipment and property to be maintained.
2. The chief shall have authority to transfer tools, implements, machinery or other equipment in the possession of any using agency, when such equipment is not necessary for the use of such agency, to such other agency or agencies as may have need therefor.
3. The records of property and equipment of the state shall be maintained at all times to show the officers entrusted with the custody thereof and transfers of property beween such officers. Such records shall be maintained by each agency which is required by law to maintain its own inventory, and by the chief for all other state property and equipment.
4. The rules of the chief shall prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Such rules shall provide that no such property shall be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $500 shall be sold except through notice published in a newspaper circulated in the area in which the sale is made.
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Senate Bill No. 5Senator Pozzi
CHAPTER 37
AN ACT to amend NRS 178.055 and 178.065, relating to bail bonds, by providing for the acknowledgment of bail bonds and the justification of sureties before the clerk of the district court.
[Approved February 14, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.055 is hereby amended to read as follows:
178.055 Bail is put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the [court or] magistrate or before the clerk of the district court in substantially the following form:
An order having been made on the ....... day of ........................, A.D. 19...., by A.B., a justice of the peace of ................... County (or as the case may be), that C.D. be held to answer upon a charge of (stating briefly the nature of the offense), upon which he has been duly admitted to bail in the sum of ................ dollars, we, E.F. and G.H. (stating their place of residence), hereby undertake that the above-named C.D. shall appear and answer the charge above mentioned, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court, and, if convicted, shall appear for judgment and render himself in execution thereof, or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of ...............
κ1967 Statutes of Nevada, Page 65 (CHAPTER 37, SB 5)κ
sum of ............... dollars (inserting the sum in which the defendant is admitted to bail).
Sec. 2. NRS 178.065 is hereby amended to read as follows:
178.065 The bail shall, in all cases, justify by affidavit, taken before the [court or] magistrate [, as the case may be.] or before the clerk of the district court. The affidavit must state that they each possess the qualifications provided in NRS 178.060.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 109Mr. Swackhamer
CHAPTER 38
AN ACT authorizing the Eureka County School District to issue its general obligation bonds in not to exceed the aggregate principal amount of $650,000 for the purpose of improving the districts school facilities; providing for the payment of the bonds and the interest thereon by the levy and collection of a property tax; specifying powers, duties, rights, privileges, liabilities and limitations and providing other details in connection therewith; and providing other matters properly relating thereto.
[Approved February 16, 1967]
Whereas, The board of trustees of the Eureka County School District, in the County of Eureka and the State of Nevada (sometimes designated in this act as the Board, the District, the County, and the State, respectively), ordered the submission of, and there was submitted at a special school district election held in the District at the same time as and consolidated with the general election on Tuesday, the 8th day of November 1966 (sometimes designated in this act as the election), to the duly qualified electors of the District, a proposal authorizing the District to incur an indebtedness by the issuance of the Districts general obligation building bonds, in the maximum principal amount of $650,000, for the purpose of improving the Districts school facilities by constructing and purchasing new school buildings, enlarging and repairing existing school buildings, acquiring school building sites and additional real property for necessary school purposes, and purchasing necessary school equipment therefor; and
Whereas, The proposal was approved at the election by a majority voting thereon of those qualified electors of the District who were owners of, or spouses of owners of, real property assessed on the County assessment roll and also by a majority voting thereon of all other qualified electors of the District; now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The District, acting by and through the Board, in addition to the powers elsewhere conferred upon the District, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the Districts negotiable, coupon, general obligation bonds (sometimes designated in this act as the bonds), in the aggregate principal amount of not exceeding $650,000, or such lesser amount as may be necessary or desirable, as determined by the Board, for the purpose of improving the Districts school facilities by constructing and purchasing new school buildings, enlarging and repairing existing school buildings, acquiring school building sites and additional real property for necessary purposes, and purchasing necessary school equipment therefor (sometimes designated in this act as the Project).
κ1967 Statutes of Nevada, Page 66 (CHAPTER 38, AB 109)κ
another election or other or further preliminaries, to issue the Districts negotiable, coupon, general obligation bonds (sometimes designated in this act as the bonds), in the aggregate principal amount of not exceeding $650,000, or such lesser amount as may be necessary or desirable, as determined by the Board, for the purpose of improving the Districts school facilities by constructing and purchasing new school buildings, enlarging and repairing existing school buildings, acquiring school building sites and additional real property for necessary purposes, and purchasing necessary school equipment therefor (sometimes designated in this act as the Project).
Sec. 2. 1. The bonds (except as otherwise provided in this act) shall be sold at public sale in accordance with NRS 387.425 to 387.455, inclusive, as from time to time amended, or at private sale, as the Board may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Board, below par at a discount of not exceeding 6 percent of the principal amount thereof and at price which will not result in a net interest rate to the District of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the Board on the sale of the bonds. The bonds shall bear interest at a rate or rates not exceeding 6 percent per annum.
2. No discount (except as otherwise provided in this act) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly. Nothing herein contained shall be construed as permitting the sale of any bonds for other than lawful money of the United States of America.
3. 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.
4. No bonds hereby authorized shall be delivered after the expiration of 6 years from the effective date of this act.
Sec. 3. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by resolution of the District.
Sec. 4. Any resolution may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions of this act and any act supplemental thereto, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 5. 1. The bonds of any series, except as otherwise expressly provided in this act, shall be issued in accordance with NRS 387.400 to 387.420, inclusive, as from time to time amended, and NRS 387.460 to 387.475, inclusive, as from time to time amended.
2. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
κ1967 Statutes of Nevada, Page 67 (CHAPTER 38, AB 109)κ
Sec. 6. 1. The bonds, and interest accruing thereon, shall be payable from the proceeds of a special tax levied in accordance with NRS 387.480 and 387.485, both as from time to time amended.
2. Any such tax shall enjoy the priority provided by NRS 387.500, as from time to time amended, and shall constitute a lien on the property charged therewith in accordance with NRS 387.505, as from time to time amended.
Sec. 7. The bonds shall be paid (except as otherwise provided in this act) in the same manner and at the same time as provided in NRS 387.490 and 387.495, both as from time to time amended.
Sec. 8. 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, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Board may determine and state in the resolution.
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. This act, without reference to other statutes of this State, except as in this act otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds 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 otherwise provided in this act.
3. The provisions of no other law, either general, special or local, except as otherwise provided in this act, shall apply to the doing of the things herein authorized to be done; and no public body, other than the District, acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
4. 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.
5. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the District, acting by and through the Board, or any officer, agent or employee thereof, by any other law.
6. 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 an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 11. 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.
κ1967 Statutes of Nevada, Page 68 (CHAPTER 38, AB 109)κ
or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 12. This act shall become effective upon passage and approval.
________
Senate Bill No. 112Senator Pozzi
CHAPTER 39
AN ACT to amend an act entitled An Act fixing the salaries of and providing for the reimbursement for travel of certain officers of Douglas County, Nevada; providing that the board of county commissioners shall fix the salaries of certain deputies and clerical employees of the county; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved March 21, 1953, as amended.
[Approved February 16, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 671, is hereby amended to read as follows:
Section 1. The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of $9,000 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. The sheriff may, with the consent and approval of the board of county commissioners, appoint one undersheriff, [one lieutenant,] one or more lieutenants, one or more sergeants and one or more deputy sheriffs, who shall receive such salaries and mileage as shall be fixed, from time to time, by the board of county commissioners. Such salaries shall be in full payment for all services performed by the sheriff, undersheriff, [lieutenant,] lieutenants, sergeants and deputies.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 69κ
Senate Bill No. 73Committee on Judiciary
CHAPTER 40
AN ACT relating to bonds issued by unincorporated towns and under special city charters; to amend NRS 269.450 and the charters of the cities of Henderson, North Las Vegas, Reno and Sparks by including a reference to the Uniform Commercial Code.
[Approved February 16, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.450 is hereby amended to read as follows:
269.450 1. 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 town board in the ordinance or ordinances authorizing the bonds, except as otherwise provided in NRS 269.400 to 269.470, inclusive.
2. Pending preparation of the definitive bonds, temporary bonds in such form and with such provisions as the town board may determine may be issued.
3. Subject to the payment provisions expressly provided in NRS 269.400 to 269.470, inclusive, 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 [.] and the Uniform Commercial Code-Investment Securities.
Sec. 2. Section 232 of Article XX of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 503, is hereby amended to read as follows:
Section 232. Bond details.
1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, 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;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed, as provided by ordinance.
2. 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; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
κ1967 Statutes of Nevada, Page 70 (CHAPTER 40, SB 73)κ
generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the council may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [.] and the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions of law, the council, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 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 payment 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 as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the council:
(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.
7. Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.
9. 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.
κ1967 Statutes of Nevada, Page 71 (CHAPTER 40, SB 73)κ
10. The clerk may cause the seal of the city 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.
11. 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 city, 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.
12. 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. 3. Section 101 of Chapter III of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1262, is hereby amended to read as follows:
Section 101. Bond Details.
1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, 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;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the city council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. 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; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the city council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the city council may determine, may be issued.
κ1967 Statutes of Nevada, Page 72 (CHAPTER 40, SB 73)κ
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of [chapter 92 of NRS (The Negotiable Instruments Law).] the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions of law, the city council, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 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 as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the city council:
(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.
7. Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.
9. 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.
10. The clerk may cause the seal of the city 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.
11. 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 city, 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.
κ1967 Statutes of Nevada, Page 73 (CHAPTER 40, SB 73)κ
12. 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. 4. Section 4 of Article XVIII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 204, Statutes of Nevada 1937, at page 460 and last amended by chapter 155, Statutes of Nevada 1965, at page 291, is hereby amended to read as follows:
Section 4. 1. The city council shall have the power to purchase, construct, reconstruct, condemn, install, alter, enlarge, extend, improve, better, equip, furnish, or otherwise acquire one or more of the following facilities, together with necessary components, appurtenances and sites therefor, to wit:
(a) A sanitary sewer system, storm sewer system, municipal transportation system, flood control system or drainage system;
(b) A city hall, police stations, jails, fire stations, courthouses, garages, municipal office buildings, maintenance shops, off-street parking garages, libraries, auditoriums, convention halls, recreation centers, transportation terminals, museums, fallout shelters or public buildings;
(c) Parks, zoos, golf courses, swimming pools, skating rinks or recreational structures;
(d) Airports, garbage disposal facilities, parking lots or public projects;
(e) Streets, alleys, boulevards, highways, overpasses, underpasses, curbs, gutters, sidewalks, bridges or facilities for pedestrian or vehicular traffic;
(f) Vehicles or equipment for any department of the city;
and to wholly or partially defray the cost thereof by the issuance of debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds or notes (hereafter sometimes collectively referred to in this section as securities), or to issue such securities for any other corporate purpose or purposes as may be determined by the council, subject, however, to constitutional limitations. Any power granted by Section 4 of Article XVIII may be exercised on one or more occasions and, if the council deems it appropriate, jointly with any other power granted by said section.
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created to additionally secure their payment.
κ1967 Statutes of Nevada, Page 74 (CHAPTER 40, SB 73)κ
pledged in any fund or funds created to pay the securities or created to additionally secure their payment. The council shall, in the manner provided by law, including without limitation NRS 350.250, make an annual levy sufficient to meet the payments of principal and interest on securities issued pursuant to subsection 2 of Section 4 of Article XVIII, as the same become due, provided that the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent that other revenues of the city are available for the payment of such principal and interest.
3. As an alternative to the procedure prescribed by subsection 2 of Section 4 of Article XVIII, the council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and subject to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged. Subject to being included within the limitation on indebtedness of Section 3, Article XVI, their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine.
4. Securities issued pursuant to Section 4 of Article XVIII shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, and shall mature at any time or times from and after such date or dates as the Council may determine, but in no event shall any security be issued to run for a longer period than 30 years from the date of such security. Said securities shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first interest payment date appertaining to any security may be at any time within 1 year from the date of such security as may be prescribed by the authorizing ordinance; and said securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the State as determined by the council; and said securities, at the option of the council, may be in one or more series and may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each security so redeemed as determined by the council.
5. Each series of securities issued pursuant to subsection 2 of Section 4 of Article XVIII shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or in any other manner the council may determine.
κ1967 Statutes of Nevada, Page 75 (CHAPTER 40, SB 73)κ
the aforesaid limitations, or in any other manner the council may determine.
6. Each series of securities issued pursuant to subsection 3 of Section 4 of Article XVIII may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified nor the estimated duration of any revenues pledged to the payment of said securities, whichever is earlier.
7. Securities issued pursuant to Section 4 of Article XVIII, shall be negotiable in form, fully negotiable within the meaning of and for all purposes of the Negotiable Instruments Law [,] and the Uniform Commercial Code-Investment Securities, and payable to bearer, subject to any provisions for their registration for payment. Securities may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at the holders option, or for registration for payment only in either manner designated; and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion. Unless registered for payment as to both principal and interest and there thus be no coupons, said securities shall have negotiable interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each set of coupons attached to any security, if interest on said security is represented by coupons, shall be consecutively numbered and each coupon shall bear the number of the security to which it is attached. Said securities shall be signed by the mayor of the city, countersigned by the county treasurer as ex officio city treasurer, and signed and attested by the city clerk, with the seal of the city affixed thereto, and coupons, if any, shall bear the facsimile signature of said treasurer. Any of said officers, after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed. The clerk of the city may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any security. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the security or coupon, as the case may be. The securities and any coupons thereto attached, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, 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. Any officer herein authorized or permitted to sign any security or interest coupon, 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 securities or coupons appertaining thereto, or upon both the securities and such coupons.
κ1967 Statutes of Nevada, Page 76 (CHAPTER 40, SB 73)κ
8. Securities issued pursuant to Section 4 of Article XVIII shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by said ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
9. Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of Section 4 of Article XVIII or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
(h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
κ1967 Statutes of Nevada, Page 77 (CHAPTER 40, SB 73)κ
insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the city may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
(q) The terms and conditions upon which the holders of the securities, or any portion, percentage or amount of them, may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
κ1967 Statutes of Nevada, Page 78 (CHAPTER 40, SB 73)κ
(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.
10. Before offering securities issued pursuant to subsection 2 or subsection 3 of Section 4 of Article XVIII for public sale or before adopting an ordinance authorizing the issuance of such securities which have been privately sold, the council shall publish a proclamation in some newspaper having a general circulation in the city once in each calendar week for 3 successive calendar weeks by three weekly insertions a week apart, stating the purpose or purposes for which the securities are to be issued, the maximum amount of the securities, the maximum rate of interest, not to exceed 6 percent per annum, the maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine. If within 20 days after the last publication of said proclamation, a petition requesting an election shall be filed with the city clerk signed by not less than 10 percent of the persons voting at the last municipal election, at least one-half of whom shall then be property owners within the city, it shall be the duty of the council to submit the question of issuing said securities to the electors of the city at a general election or at a special election which the council may call for that purpose. The question to be submitted at said election shall contain the same information which is hereinabove required to be contained in the proclamation. Whenever the council has ordered an election, the city clerk shall cause notice of the election to be published in some newspaper having a general circulation in the city once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election. Except as hereafter provided, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purposes for which the securities are to be issued.
(d) The maximum amount of the securities.
(e) The maximum rate of interest, not to exceed 6 percent per annum.
(f) The maximum number of years which the securities are to run. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election. Such election shall be held and conducted as nearly as possible as provided by NRS 350.020 to 350.070, both inclusive, as from time to time amended and supplemented, and, to the extent not inconsistent herewith, in the manner provided for the election of city officers. Except as provided in subsection 10 of Section 4 of Article XVIII, no ordinance, resolution, question of issuing securities or other proceeding of the council adopted in the exercise of the powers conferred by this Section 4 of Article XVIII shall be subject to any referendum or other vote of the electors.
κ1967 Statutes of Nevada, Page 79 (CHAPTER 40, SB 73)κ
conferred by this Section 4 of Article XVIII shall be subject to any referendum or other vote of the electors.
11. The council is hereby authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, both inclusive, as from time to time amended, or at private sale. Securities shall be sold for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the municipal corporation of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the governing body on the sale of the bonds. No discount or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided). The council may employ legal, financial, engineering and other expert services in connection with any purpose for which the bonds are authorized and with the authorization, sale and issuance of the securities.
12. This Section 4 of Article XVIII, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the acquisition of facilities and the authorization and issuance of securities hereunder. Except as provided by Section 3 of Article XVI of this charter, no other statute or law or provision of this charter with regard to the acquisition of facilities and the authorization or issuance of securities that in any way impeded 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. The powers conferred by this Section 4 of Article XVIII shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this Section 4 of Article XVIII shall not affect the powers conferred by any other provision of this charter. No part of this Section 4 of Article XVIII shall repeal or affect any other law or part thereof, it being intended that this Section 4 of Article XVIII shall provide a separate method for the city of accomplishing its objectives, and not an exclusive one and this Section 4 shall not be construed as repealing, amending or changing any such other law. This Section 4 of Article XVIII shall have no application and shall not operate as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.
Sec. 5. Section 15.01 of Article XV of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as amended by chapter 356, Statutes of Nevada 1963, at page 775, is hereby amended to read as follows:
Section 15.01. 1. The city council shall have the power to borrow money from time to time to defray, wholly or in part, the cost of acquiring the facilities, or for any other public purpose as determined by the city council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as securities) to evidence such borrowing.
κ1967 Statutes of Nevada, Page 80 (CHAPTER 40, SB 73)κ
and notes (hereafter sometimes collectively referred to in this article as securities) to evidence such borrowing.
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.
3. The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.
4. (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.
(b) Each series of securities issued pursuant to subsection 2 of this section 15.01 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.
κ1967 Statutes of Nevada, Page 81 (CHAPTER 40, SB 73)κ
for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.
(c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified.
(d) Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as herein otherwise provided.
(e) Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.
(f) Except for payment provisions herein expressly provided, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [.] and the Uniform Commercial Code-Investment Securities.
(g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:
(1) May provide for the initial issuance of one or more securities (in this paragraph (g) called bond) aggregating the amount of the entire issue or any portion thereof.
(2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(3) May 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.
(4) May 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 securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, or either, at the option of the holder.
(h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owners furnishing, to the satisfaction of the council:
(1) Proof of ownership.
(2) Proof of loss or destruction.
κ1967 Statutes of Nevada, Page 82 (CHAPTER 40, SB 73)κ
(3) A surety bond in twice the face amount of the security and coupons.
(4) Payment of the cost of preparing and issuing the new security.
(i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the treasurer, with the seal of the city affixed thereto and attested by the clerk.
(j) Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the treasurer.
(k) 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 security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
(l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
(m) The securities 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 city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
(n) Any officer herein authorized or permitted to sign any security, 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 security or coupons pertaining thereto, or upon both the security and such coupons.
(o) The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
5. Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
κ1967 Statutes of Nevada, Page 83 (CHAPTER 40, SB 73)κ
costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
(h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
κ1967 Statutes of Nevada, Page 84 (CHAPTER 40, SB 73)κ
trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
(q) The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.
6. The council is hereby authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly; but the council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.
7. Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided.
κ1967 Statutes of Nevada, Page 85 (CHAPTER 40, SB 73)κ
both the real property owners and their spouses and also the other qualified electors of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided. In that event, and in the case of every franchise (no election being required on franchises except as hereafter provided), the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed securities, the terms, amount, maximum rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the 2 weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the securities, or the granting of the franchise, as the case may be; provided, that such securities shall be issued or franchise granted, as the case may be, only on substantially the same terms and conditions as expressed in the resolution as published; otherwise such ordinance shall be null and void.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 70Committee on Judiciary
CHAPTER 41
AN ACT to amend NRS 218.500, relating to the printing of the Statutes of Nevada, by providing for the preparation of bound advance sheets; and providing other matters properly relating thereto.
[Approved February 16, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 director of the legislative counsel bureau, who shall, immediately upon the adjournment of the session, make out and deliver to the superintendent of state printing an index of the same.
κ1967 Statutes of Nevada, Page 86 (CHAPTER 41, SB 70)κ
(c) Immediately upon the adjournment of the session, print the index prepared by the director of the legislative counsel bureau and bind it in connection with the Statutes of Nevada.
(d) 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.] Distribute one copy of each act as printed to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau.
(b) Immediately upon the adjournment of the session, collect, print and bind advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau; and establish the price at which the advance sheets shall be sold to other persons.
3. The director of the legislative counsel bureau shall, immediately upon the adjournment of the session, prepare and deliver to the superintendent of state printing an index of all acts, resolutions and memorials passed at the session.
4. The superintendent of state printing, upon receipt of the index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 24Senators Swobe and Young
CHAPTER 42
AN ACT relating to the distribution of state publications; supplying omissions and eliminating inconsistencies; and providing other matters properly relating thereto.
[Approved February 16, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.380 is hereby amended to read as follows:
2.380 The superintendent of state printing shall cause to be printed upon good paper and in a workmanlike manner, [and] bound in buckram [five hundred copies of each volume of decisions hereafter published. The five hundred copies so printed and bound shall be delivered to the secretary of state for the purposes specified in NRS 345.020.] and delivered to the secretary of state a number of copies of each volume of decisions published after the effective date of this act not less than 750 and sufficient in the opinion of the secretary of state to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 2. NRS 345.010 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 87 (CHAPTER 42, SB 24)κ
345.010 [1.] Upon publication of the Statutes of Nevada, the secretary of state shall distribute [one copy by mail to each of the judges of the United States district court in the State of Nevada.
2. Upon publication of the Statutes of Nevada, the secretary of state shall distribute one copy by mail to each county officer and justice of the peace, who shall keep all copies received by him in his office for the use of the office. The officer receiving the same shall transfer the volumes to his successor in office, who shall give his receipt therefor.
3. The secretary of state shall take proper receipts for the copies distributed under the provisions of subsection 2, and shall file the receipts in his office. Except as provided in NRS 3.160, the secretary of state shall not supply a missing or second volume other than at the statutory price.] them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the Nevada state library, two copies.
3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, county officer and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
Sec. 3. NRS 345.020 is hereby amended to read as follows:
345.020 [1.] Upon receipt of [five hundred] copies of each volume of Nevada Reports from the superintendent of state printing, as provided in NRS [2.390,] 2.380, the secretary of state shall distribute them as follows:
[(a)] 1. To each of the judges of the [United States district court in the State of Nevada,] District Court of the United States for the District of Nevada, one copy.
[(b)] 2. To the Nevada state library, two copies.
[(c)] 3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.
[(d)] 4. To each public library in this state, one copy.
[2. The secretary of state shall distribute such additional copies to the Nevada state library as in his opinion may secure an interchange of appropriate works for such library, including newspapers published in the State of Nevada.
3. The remaining copies shall be held for sale at the price provided by law.]
5. To the Nevada historical society, one copy.
Sec. 4. Chapter 345 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The secretary of state shall distribute such additional copies of the Statutes of Nevada and of Nevada Reports to the Nevada state library as in his opinion may secure an interchange of appropriate works for such library, including newspapers published in the State of Nevada.
Sec. 5. NRS 345.040 is hereby amended to read as follows:
345.040 1. The secretary of state shall stamp or mark all books to be distributed, as provided by law, to [district judges, state officers, county and township officers] supreme court justices, district judges, state and county officers, and justices of the peace as follows: State property, to be turned over to your successor in office.
κ1967 Statutes of Nevada, Page 88 (CHAPTER 42, SB 24)κ
county and township officers] supreme court justices, district judges, state and county officers, and justices of the peace as follows: State property, to be turned over to your successor in office.
2. Each person who receives a book so distributed shall retain such book for the use of his office and deliver all books so received to his successor in office, who shall give his receipt therefor.
3. The secretary of state shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in his office. Except as provided in NRS 3.160, the secretary of state shall not supply a missing or second volume other than at the statutory price.
Sec. 6. NRS 345.050 is hereby amended to read as follows:
345.050 1. The secretary of state is authorized to sell the following publications at the prices herein provided:
(a) Nevada Reports.
For each volume................................................................................ $10.00
(b) Statutes of Nevada.
For each volume up to and including Statutes of Nevada 1928-1929 ..................................................................................................... 1.00
For each volume published after statutes of Nevada 1928-1929 10.00
For each volume of special session laws....................................... .50
(c) Compilation of laws.
Compiled Laws of Nevada (1861-1873), by Bonnifield and Healy (two volumes), for each set.............................................................. 2.00
General Statutes Nevada 1885 (1861-1885), by Baily & Hammond, for each volume........................................................................................ 1.00
Compiled Laws of Nevada 1861-1900, by Cutting, for each volume ..................................................................................................... 1.00
Revised Laws of Nevada 1912, Volumes I and II (two volumes), for each set............................................................................................... 3.00
Revised Laws of Nevada 1919, Volume III, for each volume...... 1.50
Nevada Revised Statutes, including replacement and supplementary pages, at the prices set by the legislative commission.
(d) Miscellaneous publications.
Nevada Constitutional Debates & Proceedings 1864, for each volume ..................................................................................................... 1.00
Nevada and Sawyers Digest 1878, for each volume................... .50
Nevada Digest Annotated (1912), by Patrick, for each volume. 1.50
Annotations to Nevada Revised Statutes and the Nevada Digest, including replacement and supplementary pages, at the prices set by the legislative commission.
Journals of the assembly or senate, for each volume.................. 5.00
Appendices to journals of senate and assembly, when bound separately, for each volume........................................................................ 5.00
κ1967 Statutes of Nevada, Page 89 (CHAPTER 42, SB 24)κ
2. When the Statutes of Nevada for any year are published in a set of two or more volumes, the price per set shall be $15.
3. No volume shall be sold or delivered until the purchase price therefor is first received.
Sec. 7. NRS 382.040 is hereby amended to read as follows:
382.040 1. To enable the Nevada historical society to augment its collection by effecting exchanges with other societies and institutions, 60 bound copies each of the several publications of the state and of its societies and institutions, except the Nevada Reports [,] and Statutes of Nevada, shall be donated to the Nevada historical society as they are issued, the same to be delivered to the society by the secretary of state or other officer having custody of the same.
2. One set of Nevada Reports and one set of Statutes of Nevada shall be donated to the society, which, together with one set of all the publications donated in compliance with the provisions of subsection 1, shall be deposited in the collections of the society.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 23Senators Swobe and Young
CHAPTER 43
AN ACT to amend NRS 78.097, relating to the resignation, death or removal of a corporate resident agent, by designating a corporate officer other than the resident agent to receive written notice from the secretary of state of the filing of a statement of resignation by a resident agent.
[Approved February 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.097 is hereby amended to read as follows:
78.097 1. Any person who has been designated by a corporation as resident agent may file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement shall be duly acknowledged.
2. Upon the filing of the statement with the secretary of state the capacity of the person as resident agent shall terminate, and the secretary of state forthwith shall give written notice, by mail, to the corporation of the filing of the statement and the effect thereof. The notice shall be addressed to any officer of the corporation [at its principal office.] other than the resident agent.
3. If a designated resident agent dies, resigns or removes from the state, the corporation, within 30 days thereafter, shall file with the secretary of state a certificate setting forth the name and complete address of a newly designated resident agent.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 90κ
Senate Bill No. 72Committee on Judiciary
CHAPTER 44
AN ACT to amend NRS 220.130, relating to Nevada Revised Statutes, annotations and digest, by directing the legislative commission to set the number of pages to be printed; and providing other matters properly relating thereto.
[Approved February 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the 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.] The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes;
(b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and
(c) Each volume of 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 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 legislative commission 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 legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 91κ
Senate Bill No. 128Committee on Commerce
CHAPTER 45
AN ACT to amend NRS 684.345, relating to the duties of insurance agents, brokers and solicitors regarding fiduciary funds, by requiring that such funds be maintained in a bank or depository within the State of Nevada; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.345 is hereby amended to read as follows:
684.345 1. All funds received by any person acting as an insurance agent, broker or solicitor, surplus line broker, motor club agent, or bail agent or solicitor, as premium or return premium on or under any policy of insurance or undertaking of bail, are received and held by such person in his fiduciary capacity. Any such person who diverts or appropriates such fiduciary funds to his own use is guilty of embezzlement.
2. This section applies to any person licensed, whether under a permanent license, restricted license, temporary license or certificate of convenience, to act in any of the capacities specified in subsection 1. If any fiduciary funds enumerated in subsection 1 and held for one or more principals are maintained in accordance with paragraph (b) of this subsection, such funds for other principals may be held and remitted in accordance with paragraph (a) of this subsection. Otherwise, each such person who does not make immediate remittance of all funds received as premium to the insurer entitled thereto shall elect and follow with respect to such funds one of the following methods:
(a) Remit premiums, less commissions, and return premiums received or held by him to the insurer or the person entitled thereto within 15 days after the receipt thereof; or
(b) Maintain such fiduciary funds at all times in a bank or depository within the State of Nevada, in a bank account or depository separate from any other account or depository, in an amount at least equal to the premiums and return premiums, net of commissions, received by him and unpaid to the persons entitled thereto or, at their direction or pursuant to written contract, for the account of the persons entitled thereto. Such person may commingle with such fiduciary funds in such account or depository such additional funds as he may deem prudent for the purpose of advancing premiums, establishing reserves for the paying of return commissions, or for such contingencies as may arise in his business of receiving and transmitting premium or return premium funds. Such person may commingle the funds of any principal with his own funds to an unlimited extent, if such principal in writing specifically waives the segregation requirements of this subsection. Commingling of funds as herein permitted shall not alter the fiduciary nature of such premium or return premium funds.
________
κ1967 Statutes of Nevada, Page 92κ
Senate Bill No. 101Committee on Judiciary
CHAPTER 46
AN ACT relating to commercial instruments and transactions; increasing the fees for services of the secretary of state and county recorders in connection therewith; providing a prefiling period; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. A filed financing statement which states a maturity date of the obligation secured of 5 years or less is effective until such maturity date and thereafter for a period of 60 days. Any other filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of such 60-day period after a stated maturity date or on the expiration of such 5-year period, as the case may be, unless a continuation statement is filed prior to the lapse. Upon such lapse the security interest becomes unperfected. A filed financing statement which states that the obligation secured is payable on demand is effective for 5 years from the date of filing.
3. A continuation statement may be filed by the secured party:
(a) Within 6 months before and 60 days after a stated maturity date of 5 years or less; and
(b) Otherwise within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it.
4. A filing officer shall mark each original financing statement with a consecutive file number and with the date and hour of filing and shall hold the statement for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement.
5. The uniform fee for filing, indexing and furnishing filing data for an original or a continuation statement [shall be $1.] on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
κ1967 Statutes of Nevada, Page 93 (CHAPTER 46, SB 101)κ
Sec. 2. NRS 104.9404 is hereby amended to read as follows:
104.9404 1. Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor a statement that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must include or be accompanied by the assignment or a statement by the secured party of record that he has assigned the security interest to the signer of the termination statement. [The uniform fee for filing and indexing such assignment or statement thereof shall be 50 cents.] If the affected secured party fails to send such a termination statement within 10 days after proper demand therefor he shall be liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure.
2. On presentation to the filing officer of such a termination statement he must note it in the index. The filing officer shall remove from the files, mark terminated and send or deliver to the secured party the financing statement and any continuation statement, statement of assignment or statement of release pertaining thereto.
3. The uniform fee for filing and indexing a termination statement, including sending or delivering the financing statement, [shall be 50 cents.] on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
Sec. 3. NRS 104.9405 is hereby amended to read as follows:
104.9405 1. A financing statement may disclose an assignment of a security interest in the collateral described in the statement by indication in the statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. Either the original secured party or the assignee may sign this statement as the secured party. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in subsection 4 of NRS 104.9403. The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment [shall be $1.] on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
2. A secured party may assign of record all or a part of his rights under a financing statement by the filing of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment [shall be $1.]
κ1967 Statutes of Nevada, Page 94 (CHAPTER 46, SB 101)κ
[shall be $1.] on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
3. After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.
Sec. 4. NRS 104.9406 is hereby amended to read as follows:
104.9406 A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. Upon presentation of such a statement to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release [shall be 50 cents.] on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
Sec. 5. NRS 104.9407 is hereby amended to read as follows:
104.9407 1. If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to such person.
2. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such a certificate shall be [$1 plus 50 cents for each financing statement and for each statement of assignment reported therein.] $3. Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of [$0.50 per page.] $1 for the first page and 50 cents for each page thereafter.
Sec. 6. Chapter 225 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The secretary of state is authorized to prescribe standards for appropriate forms to be used pursuant to NRS 104.9403 to 104.9407, inclusive, which shall be accepted by the county recorder of every county of this state at the lower rate prescribed by such sections.
Sec. 7. NRS 247.300 is hereby amended to read as follows:
247.300 1. [Except as provided in NRS 247.225, 247.230, 247.235, 247.240, 247.250, 247.260, 247.265, 247.270 and 247.280, the fees of county recorders in counties wherein the total vote at the last general election did not exceed 800 and in counties wherein the total vote at the last general election exceeded 800, for the filing, indexing and safekeeping as provided by law and for the making of the required notations and endorsements thereon of mortgages of personal property and crops, for the issuing of certificates of searches as provided for by law, for filing assignments, discharges, satisfactions, releases, subordinations and waivers relating to mortgages of personal property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:
κ1967 Statutes of Nevada, Page 95 (CHAPTER 46, SB 101)κ
assignments, discharges, satisfactions, releases, subordinations and waivers relating to mortgages of personal property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For filing, issuing certificate of such filing when requested, indexing and keeping every mortgage of personal property or crops or a certified copy or executed counterpart thereof, and making the necessary notations or endorsements thereon....................................... $0.50.............................................................................. $0.50
For making searches of the records and indexes of his office, and certificates or abstracts thereof relating to documents and instruments affecting personal property or crops, for each year for which such searches are certified .25.............................................................................. .25
For filing, issuing certificates of such filing when requested, indexing and keeping every assignment, release, discharge, satisfaction, and cancellation relating to any mortgage of personal property or crops, or the lien or interest created or evidenced thereby, or of any certified copy or executed counterpart thereof............. .25 .25
For filing, issuing certificate of such filing when requested, indexing, making all necessary notations and endorsements, and keeping every instrument by which, or for the benefit of which, the lien or interest evidenced or created by any mortgage of personal property or crops is subordinated or waived as to priority............. .25 .25
For every marginal entry of discharge, credit or release of any mortgage of personal property or crops, and indexing the same..................................................................... ---- .25]
The county recorder of any county of this state is authorized to prescribe standards for appropriate forms to be used pursuant to NRS 104.9403 to 104.9407, inclusive, which shall be accepted in that county only at the same rate as those forms which conform to standards prescribed by the secretary of state.
2. No county recorder [of any county specified in this section] shall charge or collect any fees for any [of the] services [herein specified] relating to a financing statement rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity.
κ1967 Statutes of Nevada, Page 96 (CHAPTER 46, SB 101)κ
or the county, or any city or town within the county, or any officer thereof in his official capacity.
3. County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all [such] fees relating to financing statements collected during the preceding month, except fees which may be retained as compensation.
Sec. 8. The secretary of state and the county recorder of each county of this state are authorized to accept for filing during the month of February 1967 any instrument entitled to be filed under the Uniform Commercial Code, but no such filing shall create any legal right or impart any notice until March 1, 1967.
Sec. 9. Sec. 46 of chapter 353, Statutes of Nevada 1965, is hereby repealed.
Sec. 10. This act shall become effective upon passage and approval for the purpose of authorizing the secretary of state and the county recorder of each county to accept instruments for filing at the fees prescribed and to prescribe standards for forms as provided in this act. For all other purposes, this act shall become effective at 12:01 a.m., March 1, 1967.
________
Senate Bill No. 85Committee on Finance
CHAPTER 47
AN ACT making appropriations from the state highway fund and the general fund in the state treasury to the state board of examiners fund and the statutory contingency fund.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury:
1. The sum of $15,168 to the state board of examiners emergency fund.
2. The sum of $7,566.50 to the statutory contingency fund.
Sec. 2. There is hereby appropriated from the state highway fund in the state treasury the sum of $150.50 to the statutory contingency fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 97κ
Senate Bill No. 61Committee on Finance
CHAPTER 48
AN ACT making an appropriation for the relief of certain payees of stale state warrants.
[Approved February 22, 1967]
Whereas, By the provisions of NRS 353.130 state warrants are void if not presented for payment within 90 days of issuance; and
Whereas, Warrants bearing the following numbers and dates and made payable to the order of the following-named individuals and corporations for the stated itemized amounts were heretofore issued by the state controller and the state treasurer and were not presented for payment within the time allowed by law:
Warrant No. Payee Date Amount
27515 Lankin Co., Inc. December 8, 1961................ $5.50
13317 Austin H. Rose September 27, 1963............. 25.00
22969 Ellen Simpson, M.D. November 15, 1963.............. 55.00
32965 Godbers Jewelry, Inc. January 6, 1964.................... 19.50
56850 Richard P. Warren April 21, 1964....................... 7.00
55593 Cora Hopkins April 21, 1964....................... 7.00
56360 Ellis A. Jack April 7, 1965......................... 25.00
________
$144.00
and
Whereas, Such amounts represented by such stale warrants constitute debts of the State of Nevada; now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury the sum of $144, to be paid as follows:
Lankin Co., Inc................................................................................ $5.50
Austin H. Rose................................................................................ 25.00
Ellen Simpson, M.D........................................................................ 55.00
Godbers Jewelry, Inc...................................................................... 19.50
First National Bank of Nevada as Executor of the Estate of Richard P. Warren, Deceased.................................................................. 7.00
Cora Hopkins................................................................................... 7.00
Ellis A. Jack...................................................................................... 25.00
2. The state controller is directed to draw his warrants for the sums specified above, and the state treasurer is directed to pay such warrants.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 98κ
Assembly Bill No. 92Mr. Howard
CHAPTER 49
AN ACT to amend chapter 201 of NRS, relating to crimes against decency and morals, by adding a new section providing a penalty for the making of anonymous obscene, threatening or annoying telephone calls; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who willfully makes a telephone call without disclosing his true identity and addresses any obscene language, representation or suggestion to or about any person receiving such call or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of his family is guilty of a misdemeanor.
2. Every person who makes a telephone call with intent to annoy another and without disclosing his true identity to the person answering the telephone is, whether or not conversation ensues from making the telephone call, guilty of a misdemeanor.
3. Any violation of subsections 1 and 2 is committed at the place at which the telephone call or calls were made and at the place where the telephone call or calls were received, and may be prosecuted at either place.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 40Committee on Judiciary
CHAPTER 50
AN ACT to amend NRS 287.049, relating to the payment of the states share of group life insurance premiums of public employees, by deleting provisions relating to the group insurance premium fund.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 287.049 is hereby amended to read as follows:
287.049 [1. There is hereby created in the state treasury the group insurance premium fund.
2. The state board of examiners, upon the recommendation of the clerk of the board, may allocate and disburse out of the group insurance premium fund:
(a) To the various departments, agencies and commissions of the state, except the department of motor vehicles, such sums which, when added to funds otherwise available, shall equal the amount of money necessary to pay the states share of the group insurance premiums of such departments, agencies and commissions as provided in NRS 287.044.
κ1967 Statutes of Nevada, Page 99 (CHAPTER 50, SB 40)κ
(b) To the department of motor vehicle such sums, not to exceed $16,200, which, when added to funds otherwise available, shall equal the amount of money necessary to pay the states share of group insurance premiums of the department of motor vehicles as provided in NRS 287.044.
3. The group insurance premium fund created by subsection 1 shall cease to exist after June 30, 1965. On and after July 1, 1965, the] The states share of insurance premiums as provided in NRS 287.044 shall be budgeted for as other expenditures of the state are budgeted for.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 35Committee on Finance
CHAPTER 51
AN ACT making a supplemental appropriation from the general fund in the state treasury to the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $149,799 for the support of the legislative counsel bureau as an additional and supplemental appropriation to that allowed and made by section 19 of chapter 489, Statutes of Nevada 1965.
Sec. 2. After June 30, 1967, the unexpended balance of the appropriation made by section 1 of this act shall not be encumbered or committed for expenditure and on September 1, 1967, shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 155Committee on Judiciary
CHAPTER 52
AN ACT relating to grounds for challenges to jurors; to amend NRS 16.050, relating to grounds for challenge for cause, by limiting the relationship of debtor and creditor as a ground for such challenge; to amend NRS 175.105, relating to grounds for challenge for implied bias, by limiting the relationship of debtor and creditor as a ground for such challenge.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 16.050 is hereby amended to read as follows:
16.050 1. Challenges for cause may be taken on one or more of the following grounds:
κ1967 Statutes of Nevada, Page 100 (CHAPTER 52, AB 155)κ
[1.] (a) A want of any of the qualifications prescribed by statute to render a person competent as a juror.
[2.] (b) Consanguinity or affinity within the third degree to either party.
[3.] (c) Standing in the relation of debtor [or] and creditor, guardian and ward, master and servant, employer and clerk, or principal and agent, to either party; or being a member of the family of either party or a partner, or united in business with either party; or being security on any bond or obligation for either party.
[4.] (d) Having served as a juror or been a witness on a previous trial between the same parties for the same cause of action; or being then a witness therein.
[5.] (e) Interest on the part of the juror in the event of the action, or in the main question involved in the action; except the interest of the juror as a member or citizen of a municipal corporation.
[6.] (f) Having formed or expressed an unqualified opinion or belief as to the merits of the action, or the main question involved therein; but the reading of newspaper accounts of the subject matter before the court shall not disqualify a juror either for bias or opinion.
[7.] (g) The existence of a state of mind in the juror evincing enmity against or bias to either party.
2. A challenge for cause for standing in the relation of debtor and creditor when the party to an action is a public utility as defined in NRS 704.020 may be allowed only where the circumstances as determined by the court so warrant.
Sec. 2. NRS 175.105 is hereby amended to read as follows:
175.105 1. A challenge for implied bias may be taken for all or any of the following causes, and for no other:
[1.] (a) Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged or on whose complaint the prosecution shall have been instituted, or to the defendant.
[2.] (b) Standing in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, debtor and creditor; or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution shall have been instituted or in the employment of any such parties.
[3.] (c) Being a party adverse to the defendant in a civil action, or having complaint against, or been accused by him, in a criminal prosecution.
[4.] (d) Having served on the grand jury which found the indictment, or on a coroners jury which inquired into the death of a person whose death is the subject of the indictment or information.
[5.] (e) Having served on a trial jury which has tried another person for the offense charged.
[6.] (f) Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside, or which was discharged without a verdict after the case was submitted to it.
[7.] (g) Having served as a juror in a civil action brought against the defendant for the act charged as an offense.
κ1967 Statutes of Nevada, Page 101 (CHAPTER 52, AB 155)κ
[8.] (h) Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged.
[9.] (i) If the offense charged is punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.
[10.] (j) Because he is, or within the year preceding has been, engaged in interested in carrying on any business, calling or employment the carrying on of which is a violation of law, where the defendant is indicted or informed against for a like offense.
[11.] (k) Because he has been a witness either for or against the defendant on the preliminary trial or before the grand jury.
2. A challenge for implied bias for standing in the relation of debtor and creditor when the defendant, complainant or victim of an offense is a public utility as defined in NRS 704.020 may be allowed only where the circumstances as determined by the court so warrant.
________
Assembly Bill No. 95Mr. Ashworth
CHAPTER 53
AN ACT to amend NRS 582.040, relating to the appointment of public weighmasters, by limiting the duration of the appointment to 1 year and providing a means for renewal; to repeal NRS 582.070, requiring seals for public weighmasters; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 582.040 is hereby amended to read as follows:
582.040 If satisfied with the applicants qualifications, the state sealer of weights and measures shall issue a certificate of appointment as a public weighmaster, for which certificate he shall charge a fee [not exceeding $25 to defray the costs necessarily incurred in connection with the appointment.] of $15. The certificate of appointment is valid for the calendar year in which it is issued. Renewal of the certificate of appointment may be obtained each year upon application to the state sealer of weights and measures, accompanied by a fee of $10, on or before the last day of January.
Sec. 2. NRS 582.070 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 102κ
Assembly Bill No. 171Mr. Webb
CHAPTER 54
AN ACT to amend NRS 78.065, relating to corporate seals of private corporations, by permitting corporations to use rubber stamps in lieu of seals.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.065 is hereby amended to read as follows:
78.065 1. Every corporation, by virtue of its existence as such, shall have power to adopt and use a common seal [,] or stamp, and alter the same at pleasure. The mark of such a stamp shall have the same legal effect as the impression of the seal.
2. The seal or stamp of a corporation shall contain its name and year when incorporated, which year shall be that of the issuance of the certificate by the secretary of state, as required by this chapter. A departure from this provision shall not invalidate any corporate act otherwise valid, and the impression of the corporate seal on paper without wax or adhesive substance shall be a valid seal.
________
Assembly Bill No. 53Committee on State, County and City Affairs
CHAPTER 55
AN ACT to amend NRS 239.100 and 354.300, relating to the disposal of county records and the annual reports of county auditors, by deleting references to the superintendent of banks in order to conform to the Local Government Budget Act; removing a provision for obtaining required information when a county auditor is delinquent in submitting the statement required in his annual report; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.100 is hereby amended to read as follows:
239.100 1. Any law of the State of Nevada to the contrary notwithstanding, it shall be lawful to destroy or otherwise dispose of obsolete records in the office of the several county officers in the manner and according to the time schedule specified in this section.
2. The following may be destroyed after audit by [the superintendent of banks and any special city auditor,] a public accountant as provided in NRS 354.624, and after the expiration of the time indicated:
(a) After 5 years. Sheriffs requisition of licenses and duplicates; duplicate and triplicate bank checks; all old claims against the county except those not affected by limitation; all old warrants superseded by checks; all old fishing and hunting license books.
κ1967 Statutes of Nevada, Page 103 (CHAPTER 55, AB 53)κ
(b) After 10 years. All county, city and school bonds which have been redeemed and retired.
3. Before destroying the records enumerated in subsection 2, the county auditor shall first obtain the permission of the board of county commissioners and the [superintendent of banks.] Nevada tax commission.
Sec. 2. NRS 354.300 is hereby amended to read as follows:
354.300 1. On or before the 3rd Monday of July of each year the county auditor shall, with no additional compensation therefor, submit an annual report to the board of county commissioners and to the Nevada tax commission at Carson City, Nevada. The annual report shall include, among other things, a statement containing the information required by NRS 354.290, summarized for the four preceding quarters and covering the fiscal year. The summary statement shall be made up on forms prescribed by the Nevada tax commission.
2. The county auditor shall cause a reasonable number of copies of his annual report to be printed in pamphlet form for the use of the taxpayers of the county.
3. [If any county auditor refuses, fails or neglects to furnish the statement, in the time and manner required, to the Nevada tax commission, the Nevada tax commission shall secure such statement from the county on or before August 1 by investigation by some competent person designated by it, and the cost of securing such statement shall be a legal charge against the delinquent county auditor.
4.] This section shall be considered mandatory, and any county auditor failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Assembly Bill No. 45Committee on State, County and City Affairs
CHAPTER 56
AN ACT to amend NRS 1.130, 223.130, 236.010 and 388.110, relating to legal holidays and other days of observance, by resolving conflicts; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.130 is hereby amended to read as follows:
1.130 1. No court shall be opened nor shall any judicial business be transacted on Sunday, or on any day declared to be a holiday according to the provisions of NRS 236.010, except for the following purposes:
(a) To give, upon their request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
κ1967 Statutes of Nevada, Page 104 (CHAPTER 56, AB 45)κ
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same. All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. [If any of the holidays specified in NRS 236.010 falls upon a Sunday, all judicial business, except for the purposes above noted, shall be suspended on the following Monday.
3.] Nothing herein contained shall affect private transactions of any nature whatsoever.
Sec. 2. NRS 223.130 is hereby amended to read as follows:
223.130 1. The governor shall have the power to issue proclamations designating certain days or weeks as holidays or legal holidays for purposes of celebration or otherwise.
2. [All days declared by the governor to be legal holidays shall be observed by the closing of all state and county offices, the courts, the University of Nevada and public schools, and banks, unless all or part thereof are specifically exempted therefrom.
3.] All days declared by the governor to be holidays only may be observed throughout the state by appropriate exercises in the public schools, or may be restricted to certain counties, cities [,] or districts within the state.
[4. All holiday proclamations heretofore issued are hereby approved and confirmed and declared to have been in compliance with inherent and delegated authority and for the best interests of the people of the State of Nevada.]
Sec. 3. NRS 236.010 is hereby amended to read as follows:
236.010 1. The following days are declared to be legal holidays for state and county government offices:
January 1 (New Years Day)
May 30 (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
October 31 (Nevada Day)
November 11 (Veterans Day)
Thanksgiving Day
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States or by the governor for public fast, thanksgiving or legal holiday.
2. [All public offices of this state shall close on the holidays enumerated in subsection 1.] All state and county offices, courts, banks and the University of Nevada shall close on the holidays enumerated in subsection 1 unless in the case of appointed holidays all or part thereof are specifically exempted.
κ1967 Statutes of Nevada, Page 105 (CHAPTER 56, AB 45)κ
University of Nevada shall close on the holidays enumerated in subsection 1 unless in the case of appointed holidays all or part thereof are specifically exempted.
3. If January 1, May 30, July 4, October 31, November 11 or December 25 shall fall upon a Sunday, the Monday following shall be observed as a holiday.
Sec. 4. NRS 388.110 is hereby amended to read as follows:
388.110 No school shall be kept open on:
January 1 (New Years Day);
May 30 (Memorial Day);
July 4 (Independence Day);
First Monday in September (Labor Day);
Thanksgiving Day;
December 25 (Christmas Day);
Any day appointed by the President of the United States or the governor for public fast, thanksgiving or legal holiday.
________
Senate Bill No. 129Committee on Commerce
CHAPTER 57
AN ACT to amend NRS 684.010, relating to the scope of the chapter regulating licensing of insurance representatives, by incorporating all capacities defined in NRS 684.020.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.010 is hereby amended to read as follows:
684.010 This chapter [shall apply to all agents, nonresident agents, brokers, and nonresident brokers as may be defined in this chapter.] applies to all persons engaged in the insurance business in the capacities defined in NRS 684.020.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 21Committee on Judiciary
CHAPTER 58
AN ACT to repeal NRS 405.260, relating to the unlawful riding or driving of animals at excessive speeds over bridges.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 405.260 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 106κ
Senate Bill No. 83Committee on Finance
CHAPTER 59
AN ACT making a supplemental appropriation from the general fund in the state treasury for the support of the office of the governor; and providing other matters properly relating thereto.
[Approved February 22, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $10,695 for the support of the office of the governor as an additional and supplemental appropriation to that allowed and made by section 2 of chapter 489, Statutes of Nevada 1965.
Sec. 2. After June 30, 1967, the unexpended balance of the appropriation made by section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1967.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 153Mr. Close
CHAPTER 60
AN ACT to amend NRS 218.245, relating to drafting of bills by the legislative counsel bureau, by requiring requested legislation from the executive branch of the state government to include an estimate of cost.
[Approved February 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.245 is hereby amended to read as follows:
218.245 1. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government, with the exception of the governor, for introduction at any regular session of the legislature unless:
(a) The request is received prior to November 1 preceding the convening of the session; or
(b) The request is made by a member of the legislature or the governor.
2. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the written request of a member of the legislature or the governor.
3. Every proposal of legislation requested by any agency or officer of the executive branch of the state government shall be accompanied by an estimate of the cost that will be incurred by carrying out the provisions of such legislation.
________
κ1967 Statutes of Nevada, Page 107κ
Assembly Bill No. 77Committee on Education
CHAPTER 61
AN ACT to amend NRS 396.433, relating to public liability and property damage insurance of the University of Nevada, by changing the kinds of insurance authorized for purchase; and providing other matters properly relating thereto.
[Approved February 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.433 is hereby amended to read as follows:
396.433 1. The board of regents may budget for and purchase [public liability and property damage insurance to cover any property under its control and supervision.] fidelity insurance and insurance against:
(a) Any liability arising under NRS 41.031.
(b) Tort liability on the part of any of its employees resulting from an act or omission in the scope of his employment.
(c) The expense of defending a claim against itself whether or not liability exists on such claim.
2. Such insurance shall be limited in amount according to the limitation of liability imposed by NRS 41.035 and shall be purchased [in reasonable amounts] from companies authorized to do business in the State of Nevada.
3. Each contract of insurance shall be free of any condition of contingent liability and shall contain a clause which provides that no assessment may be levied against the insured over and above the premium fixed by such contract.
[4. The purchase of insurance under this section shall not be construed as a waiver by the State of Nevada or the University of Nevada of governmental immunity, but no insurance company may, on behalf of itself or any insured under the policy, assert or avail itself of the defense of governmental immunity.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 144Senator Pozzi
CHAPTER 62
AN ACT to amend chapter 482 of NRS, relating to the licensing and registration of motor vehicles, by adding a new section providing for special license plates for the governor and lieutenant governor.
[Approved February 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall furnish to the governor a special license plate or plates showing on the face thereof 1 without county designation.
κ1967 Statutes of Nevada, Page 108 (CHAPTER 62, SB 144)κ
plate or plates showing on the face thereof 1 without county designation. The department shall issue such number of license plates as may be necessary for all private cars owned by the governor upon payment of the license fees required by law.
2. The department shall furnish to the lieutenant governor a special license plate or plates showing on the face thereof 2 without county designation. The department shall issue such number of license plates as may be necessary for all private cars owned by the lieutenant governor upon payment of the license fees required by law.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 7Mrs. Frazzini
CHAPTER 63
AN ACT to amend NRS 613.330, 613.340, 613.350, 613.380 and 613.400, relating to civil rights, by prohibiting discrimination on the basis of sex in employment.
[Approved February 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 613.330 is hereby amended to read as follows:
613.330 1. It is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individuals race, color, religion, sex or national origin; or
(b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion, sex or national origin.
2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex or national origin.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individuals race, color, religion, sex or national origin; or
(c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
κ1967 Statutes of Nevada, Page 109 (CHAPTER 63, AB 7)κ
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
Sec. 2. NRS 613.340 is hereby amended to read as follows:
613.340 1. It is unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.420, inclusive, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.420, inclusive.
2. It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex or national origin when religion, sex or national origin is a bona fide occupational qualification for employment.
Sec. 3. NRS 613.350 is hereby amended to read as follows:
613.350 Notwithstanding any other provision of NRS 613.310 to 613.420, inclusive:
1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify is membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex or national origin in those certain instances where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
2. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.
κ1967 Statutes of Nevada, Page 110 (CHAPTER 63, AB 7)κ
Sec. 4. NRS 613.380 is hereby amended to read as follows:
613.380 Notwithstanding any other provision of NRS 613.310 to 613.420, inclusive, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin.
Sec. 5. NRS 613.400 is hereby amended to read as follows:
613.400 Nothing contained in NRS 613.310 to 613.420, inclusive, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.420, inclusive, to grant preferential treatment to any individual or to any group because of the race, color, religion, sex or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex or national origin in any community, section or other area, or in the available work force in any community, section or other area.
________
Assembly Bill No. 88Committee on Education
CHAPTER 64
AN ACT to amend NRS 387.033, relating to the automobile driver education fund, by providing more equitable apportionments to school districts.
[Approved February 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.033 is hereby amended to read as follows:
387.033 1. There is hereby created in the state treasury the automobile driver education fund for the purpose of assisting school districts in this state which establish and maintain automobile driver education classes pursuant to NRS 389.090. Moneys for the automobile driver education fund shall be provided by direct legislative appropriation.
2. The state board of education is authorized to make semiannual apportionments, payable on or before February 1 and August 1 of each year, from the automobile driver education fund to the several school districts.
κ1967 Statutes of Nevada, Page 111 (CHAPTER 64, AB 88)κ
year, from the automobile driver education fund to the several school districts. [Each semiannual apportionment shall be made according to the number of pupils successfully completing, during the semester or semester and summer session next preceding the date of the apportionment, an approved automobile driver education course which complies with the provisions of NRS 389.090.] The semiannual apportionment made on or before February 1 shall be made on the basis of 80 percent of the amount derived by dividing the total appropriation for the fiscal year by the total number of estimated pupil completions in the state during the concurrent school year, which shall be estimated by the state department of education. The amount so determined shall be paid to each school district for each pupil successfully completing the driver education classes during the semester and summer session next preceding the date of apportionment. The semiannual apportionment made on or before August 1 shall be made on the basis of 100 percent of the amount derived by dividing the total appropriation for the preceding fiscal year by the total number of completions during the preceding school year. The amount so determined, minus the amount paid at the February 1 apportionment, shall then be paid to each school district for each pupil successfully completing the driver education classes during the preceding school year.
3. When a school district initiates an automobile driver education program, the first apportionment, based on 75 percent of the estimated number of pupils who will successfully complete the course, shall be paid at the beginning of the program. An adjustment shall be made at the end of the semester or semester and summer session based upon the actual number of pupils completing the course.
4. Moneys received by school districts from the automobile driver education fund shall not be expended for the purchase or repair of motor vehicles or the purchase or repair of automobile driver education training equipment.
________
Assembly Bill No. 214Lincoln and White Pine Counties Delegation
CHAPTER 65
AN ACT to amend an act entitled An Act incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto, approved March 28, 1957 as amended.
[Approved February 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 400, is hereby repealed.
Sec. 2. Section 6 of the above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 401, is hereby amended to read as follows:
Section 6. Officers, Elective. Qualifications. The election officers of the City of Caliente shall consist of a mayor and three councilmen who shall be qualified electors and taxpayers within the city and shall have been actually bona fide residents thereof for a period of at least two years next preceding their election.
κ1967 Statutes of Nevada, Page 112 (CHAPTER 65, AB 214)κ
the City of Caliente shall consist of a mayor and three councilmen who shall be qualified electors and taxpayers within the city and shall have been actually bona fide residents thereof for a period of at least two years next preceding their election. [, provided the three councilmen must each reside within their respective ward.]
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 65Committee on Judiciary
CHAPTER 66
AN ACT to amend NRS 2.120, relating to rules of the supreme court and rules of civil procedure, by providing for the minimum time periods before such rules take effect.
[Approved February 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.120 is hereby amended to read as follows:
2.120 1. The supreme court may make rules not inconsistent with the constitution and laws of the state for its own government, the government of the district courts, and the government of the State Bar of Nevada. [; but such rules shall not be enforced until 30 days after their adoption and publication.] Such rules shall be published promptly upon adoption and take effect on a date specified by the supreme court which in no event shall be less than 30 days after entry of an order adopting such rules.
2. The supreme court, by rules adopted and published from time to time, shall regulate original and appellate civil practice and procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in judicial proceedings in all courts of the state, for the purpose of simplifying the same and of promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify any substantive right and shall not be inconsistent with the constitution of the State of Nevada.
[3. All statutes regulating original or appellate civil practice or procedure including, without limitation, pleadings, motions, writs, notices and forms of process, in effect or taking effect on July 1, 1951, shall be deemed to be rules of court and shall remain in effect until modified or superseded by rules adopted and published pursuant to this section. Such rules shall take effect on a date specified by the supreme court, but not in any event until 60 days after adoption and publication.] Such rules shall be published promptly upon adoption and take effect on a date specified by the supreme court which in no event shall be less than 60 days after entry of an order adopting such rules.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 113κ
Senate Bill No. 143Senators Swobe and Bailey
CHAPTER 67
AN ACT to amend NRS 81.290, relating to the formation of nonprofit corporations, by authorizing alumni associations to incorporate as nonprofit corporations; and providing other matters properly relating thereto.
[Approved February 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 81.290 is hereby amended to read as follows:
81.290 1. Any number of citizens of the United States, not less than three, who shall desire to associate themselves for the purpose of engaging in educational, charitable or eleemosynary activities, may make, sign and acknowledge, before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which shall be stated:
(a) The name or title by which such corporation, association or society shall be known in law.
(b) That it is a nonprofit corporation, organized solely for educational or general charitable and eleemosynary purposes.
(c) The county in this state where the principal office for the transaction of the business of the corporation is to be located.
(d) The number of trustees, which shall not be less than three; their term of office; and how they are to be chosen, except that in the case of an educational corporation, the method of selection of trustees may be provided in the bylaws.
(e) The names and residences of the trustees chosen for the first year.
(f) Any other matter which it is provided in NRS 81.290 to 81.340, inclusive, may or should be set out in the articles of incorporation.
2. The secretary of state shall make no charge for the filing of the certificate.
3. For the purposes of this section educational activities includes the activities of an association composed of the alumni of an educational institution.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 32Committee on Judiciary
CHAPTER 68
AN ACT relating to commercial instruments and transactions; resolving conflicts between the provisions of chapter 353, Statutes of Nevada 1965, and other acts; and providing other matters properly relating thereto.
[Approved February 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 11.190 is hereby amended to read as follows:
11.190 Actions other than those for the recovery of real property, unless further limited by NRS 11.205 [,] or by or pursuant to the Uniform Commercial Code, can only be commenced as follows:
κ1967 Statutes of Nevada, Page 114 (CHAPTER 68, AB 32)κ
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged in a store account.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property; but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof; but in all cases where the subject of the action is a domestic animal usually included in the term livestock, having upon it at the time of its loss a recorded mark or brand, and when such animal was strayed or stolen from the true owner without his fault, the statute shall not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
(d) An action for relief on the ground of fraud or mistake; the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to the state, or an individual and the state, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person shall apply only to causes of action which shall accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officers de facto:
κ1967 Statutes of Nevada, Page 115 (CHAPTER 68, AB 32)κ
(1) To recover any goods, wares, merchandise or other property seized by any such officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making such seizure.
(2) For money paid to any such officer under protest, or seized by such officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
(b) Actions or claims against a county, incorporated city, town or other political subdivision of the state which have been rejected by the board of county commissioners, city council or other governing body, as the case may be, after the first rejection thereof by such board, city council or other governing body, or the expiration of the time limited for failure to act by subsection 3 of NRS 41.036.
(c) Actions or claims against the state not arising out of contract, after rejection by the state board of examiners or the expiration of the time limit for their failure to act by subsection 2 of NRS 41.036.
Sec. 2. NRS 52.070 is hereby amended to read as follows:
52.070 All other presumptions are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind:
1. That a person is innocent of crime or wrong.
2. That an unlawful act was done with an unlawful intent.
3. That a person intends the ordinary consequences of his voluntary act.
4. That a person takes ordinary care of his own concerns.
5. That evidence willfully suppressed would be adverse if produced.
6. That higher evidence would be adverse from inferior being produced.
7. That money paid by one to another was due to the latter.
8. That a thing delivered by one to another belonged to the latter.
9. [That an obligation delivered up to the debtor has been paid.
10.] That former rent or installments have been paid when a receipt for the latter is produced.
[11.] 10. That things which a person possesses are owned by him.
[12.] 11. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership.
[13. That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly.
14.] 12. That a person acting in a public office was regularly appointed to it.
[15.] 13. That official duty has been regularly performed.
[16.] 14. That a court or judge, acting as such, whether in this state or any other state or country, was acting in the lawful exercise of his jurisdiction.
[17.] 15. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.
[18.] 16. That all matters within an issue were laid before the jury and passed upon by them; and in like manner, that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them.
κ1967 Statutes of Nevada, Page 116 (CHAPTER 68, AB 32)κ
and passed upon by them; and in like manner, that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them.
[19. That private transactions have been fair and regular.
20. That the ordinary course of business has been followed.
21. That a promissory note or bill of exchange was given or endorsed for a sufficient consideration.
22. That an endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill.
23.] 17. That a writing is truly dated.
[24.] 18. That a letter duly directed and mailed was received in the regular course of the mail.
[25.] 19. Identity of person from the identity of name.
[26.] 20. That a person not heard from in 7 years is dead.
[27.] 21. That acquiescence followed from a belief that a thing acquiesced in was conformable to the right or fact.
[28.] 22. That the thing happened according to the ordinary course of nature and the ordinary habits of life.
[29.] 23. That persons acting as copartners have entered into a contract of copartnership.
[30.] 24. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage.
[31.] 25. That a child born in lawful wedlock, there being no divorce from bed and board, is legitimate.
[32.] 26. That a thing once proved to exist continues as long as usual with things of that nature.
[33.] 27. That the law has been obeyed.
[34.] 28. That a document or writing more than 30 years old is genuine when the same has been since generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained.
[35.] 29. That a printed and published book, purporting to be printed or published by public authority, was so printed or published.
[36.] 30. That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published, contains correct reports of such cases.
[37.] 31. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest.
[38.] 32. That the uninterrupted use by the public of land for a burial ground for 5 years, with the consent of the owner and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose.
[39. That there was a good and sufficient consideration for a written contract.
40.] 33. That in the case of real property owned by two or more persons as joint tenants, all title or interest in and to such real property of each of one or more deceased joint tenants has terminated, and vested solely in the surviving joint tenant or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which such real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the hereinafter required facts, which sets forth the following:
κ1967 Statutes of Nevada, Page 117 (CHAPTER 68, AB 32)κ
county or counties in which such real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the hereinafter required facts, which sets forth the following:
(a) The family relationship, if any, of affiant to each of such one or more deceased joint tenants;
(b) A description of the instrument or conveyance by which the joint tenancy was created;
(c) A description of the real property subject to such joint tenancy; and
(d) The date and place of death of each of such one or more deceased joint tenants.
A copy of the death certificate of each of such one or more joint tenants, certified to be a true copy by the public authority issuing such death certificate, shall be attached to, or made a part of, such affidavit.
34. In situations not governed by the Uniform Commercial Code:
(a) That an obligation delivered up to the debtor has been paid.
(b) That private transactions have been fair and regular.
(c) That the ordinary course of business has been followed.
(d) That there was good and sufficient consideration for a written contract.
Sec. 3. NRS 104.4212 is hereby amended to read as follows:
104.4212 1. If a collecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customers account or obtain refund from its customer whether or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. These rights to revoke, charge-back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subsection 2 of NRS 104.4211 and subsections 2 and 3 of NRS 104.4213).
2. (There is no subsection 2.)
3. A depositary bank which is also the payor may charge-back the amount of an item to its customers account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (NRS 104.4301).
4. The right to charge-back is not affected by:
(a) Prior use of the credit given for the item; or
(b) Failure by any bank to exercise ordinary care with respect to the item but any bank so failing remains liable.
5. A failure to charge-back or claim refund does not affect other rights of the bank against the customer or any other party.
6. If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency the dollar amount of any charge-back or refund shall be calculated on the basis of the buying sight rate for the foreign currency prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
7. The right to obtain refund is not affected by:
κ1967 Statutes of Nevada, Page 118 (CHAPTER 68, AB 32)κ
(a) Prior use of the credit given for the item; or
(b) Failure by any bank to exercise ordinary care with respect to the item except to the extent of the banks liability therefor.
Sec. 3.5. Chapter 104 of NRS is hereby amended by adding thereto a new section which shall read as follows:
This article does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees businesses in respects not specifically dealt with in this article; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (NRS 104.1201).
Sec. 4. NRS 104.9203 is hereby amended to read as follows:
104.9203 1. Subject to the provisions of NRS 104.4208 on the security interest of a collecting bank and NRS 104.9113 on a security interest arising under the article on sales, a security interest is not enforcible against the debtor or third parties unless:
(a) The collateral is in the possession of the secured party; or
(b) The debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops or oil, gas or minerals to be extracted or timber to be cut, a description of the land concerned. In describing collateral, the word proceeds is sufficient without further description to cover proceeds of any character.
2. A transaction, although subject to this article, is also subject to chapters 97, 646, 649, and 675 of NRS, [and any statute regulating retail installment sales,] and in the case of conflict between the provisions of this article and any such statute, the provisions of such statute control. Failure to comply with any applicable statute has only the effect which is specified therein.
Sec. 5. NRS 104.9204 is hereby amended to read as follows:
104.9204 1. A security interest cannot attach until there is agreement (subsection 3 of NRS 104.1201) that it attach and value is given and the debtor has rights in the collateral. It attaches as soon as all of the events in the preceding sentence have taken place unless explicit agreement postpones the time of attaching.
2. For the purposes of this section the debtor has no rights:
(a) In crops until they are planted or otherwise become growing crops, in the young of livestock until they are conceived.
(b) In fish until caught, in oil, gas or minerals until they are extracted, in timber until it is cut.
(c) In a contract right until the contract has been made.
(d) In an account until it comes into existence.
3. Except as provided in subsection 4 a security agreement may provide that collateral, whenever acquired, shall secure all obligations covered by the security agreement.
4. No security interest attaches under an after-acquired property clause:
(a) To crops which become such more than 1 year after the security agreement is executed except that a security interest in crops which is given in conjunction with [a] :
κ1967 Statutes of Nevada, Page 119 (CHAPTER 68, AB 32)κ
(1) A lease or a land purchase or improvement transaction evidenced by a contract, mortgage or deed of trust may if so agreed attach to crops to be grown on the land concerned during the period of such real estate transaction.
(2) A security interest in livestock may if so agreed attach to crops and forage, both annual and perennial, which are to be used in feeding or caring for such livestock for a period not to exceed 5 years.
(b) To consumer goods other than accessions (NRS 104.9314) when given as additional security unless the debtor acquires rights in them within 10 days after the secured party gives value.
5. Obligations covered by a security agreement may include future advances or other value whether or not the advances or value are given pursuant to commitment.
Sec. 6. NRS 104.9302 is hereby amended to read as follows:
104.9302 1. A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under NRS 104.9305.
(b) A security interest temporarily perfected in instruments or documents without delivery under NRS 104.9304 or in proceeds for a 10-day period under NRS 104.9306.
(c) A purchase money security interest in farm equipment having a purchase price not in excess of $2,500; but filing is required for a fixture under NRS 104.9313 or for a motor vehicle required to be licensed.
(d) A purchase money security interest in consumer goods; but filing is required for a fixture under NRS 104.9313 or for a motor vehicle required to be licensed.
(e) An assignment of accounts or contract rights which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts or contract rights of the assignor.
(f) A security interest of a collecting bank (NRS 104.4208) or arising under the article on sales (see NRS 104.9113) or covered in subsection 3 of this section.
2. If a secured party assigns a perfected security interest, no filing under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
3. The filing provisions of this article do not apply to a security interest in property subject to a statute:
(a) Of the United States which provides for a national registration or filing of all security interests in such property; or
(b) Of this state which provides for central filing of, or which requires indication on a certificate of title of, such security interests in such property.
4. A security interest in property covered by a statute described in subsection 3 can be perfected only by registration or filing under that statute or by indication of the security interest on a certificate of title or duplicate thereof by a public official.
Sec. 7. NRS 104.9401 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 120 (CHAPTER 68, AB 32)κ
104.9401 1. The proper place to file in order to perfect a security interest is as follows:
(a) When the collateral is equipment used in farming operations, or farm products, or accounts, contract rights or general intangibles arising from or relating to the sale of farm products by a farmer, or consumer goods, then in the office of the county recorder in the county of the debtors residence or if the debtor is not a resident of this state then in the office of the county recorder in the county where the goods are kept, and in addition when the collateral is crops in the office of the county recorder in the county where the land on which the crops are growing or to be grown is located.
(b) When the collateral is goods which at the time the security interest attaches are or are to become fixtures, then in the office where a mortgage on the real estate concerned would be filed or recorded.
(c) In all other cases, in the office of the secretary of state and in addition, if the debtor has a place of business in only one county of this state, also in the office of the county recorder of such county, or, if the debtor has no place of business in this state, but resides in the state, also in the office of the county recorder of the county in which he resides.
2. A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.
3. A filing which is made in the proper place in this state continues effective even though the debtors residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.
4. If collateral is brought into this state from another jurisdiction, the rules stated in NRS 104.9103 determine whether filing is necessary in this state.
Sec. 8. NRS 106.010 is hereby amended to read as follows:
106.010 In NRS 106.020 to 106.050, inclusive [:] , and in section 10 of this act:
1. Words used in any gender include all other genders.
2. The singular number includes the plural, and the plural the singular.
Sec. 9. NRS 106.020 is hereby amended to read as follows:
106.020 In any mortgage of real or personal, or real and personal property, [hereafter] made [,] prior to March 1, 1967, the parties may adopt by reference all or any of the following covenants, agreements, obligations, rights and remedies:
1. Covenant No. 1. That the mortgagor will perform each and all of the promises and obligations of the mortgage and all covenants thereof, adopted by reference as provided herein, and will pay the indebtedness therein described with interest as therein provided.
2. Covenant No. 2. That the mortgagor will pay a reasonable attorney fee in case suit is started for the collection of the mortgage debt or any part thereof, and will pay all costs and expenses of the suit, whether the suit be prosecuted to judgment or not, and will also pay all costs of any sale made thereunder without court proceedings, including in case of such sale an attorney fee equal to ........
κ1967 Statutes of Nevada, Page 121 (CHAPTER 68, AB 32)κ
whether the suit be prosecuted to judgment or not, and will also pay all costs of any sale made thereunder without court proceedings, including in case of such sale an attorney fee equal to ........ percent of the amount due at the date of the sale upon the principal and interest of the mortgage debt.
3. Covenant No. 3. That the mortgagor will pay, in lawful money of the United States, all sums expended or advanced by the mortgagee for taxes or assessments levied or assessed against the mortgaged property, fire insurance upon the same, or advanced for any other purpose provided for by the terms of the mortgage or the covenants thereof adopted by reference, together with interest upon any such sums from the date of the payment by the mortgagee until repaid, at the rate of ........ percent per annum.
4. Covenant No. 4. That this mortgage will be security for the payment in lawful money of the United States of any and all moneys that may hereafter become due or payable from the mortgagor to the mortgagee, from any cause whatsoever.
5. Covenant No. 5. That this mortgage shall be security for any and all renewals of the mortgage debt or of the promissory note or notes evidencing the same, which may be executed and delivered by the mortgagor to the mortgagee, and any and all additional or future advances or loans which may be made by the mortgagee to the mortgagor.
6. Covenant No. 6. That the mortgagor agrees to pay and discharge at maturity all taxes and assessments and all other charges and encumbrances which are, or shall hereafter be, or appear to be, a lien upon the mortgaged property, or any part thereof, and he will pay all interest or installments due on any prior encumbrance. And in default thereof, the mortgagee may, without demand or notice, pay the same and the mortgagee shall be the sole judge of the legality or validity of such taxes, assessments, charges or encumbrances and the amount necessary to be paid in the satisfaction or discharge thereof.
7. Covenant No. 7. That the mortgagor will at all times keep the buildings and improvements, which are now or which shall hereafter be erected upon the mortgaged premises, insured against loss or damage by fire to the amount of at least $........ in some reliable insurance company or companies, approved by the mortgagee, and will deliver the policies therefor to the mortgagee to be held by the mortgagee as further security. In default of the mortgagor to obtain such insurance, the mortgagee may procure the same, not exceeding the amount aforesaid, and may pay and expend for premiums for such insurance such sums of money as the mortgagee shall deem necessary.
8. Covenant No. 8. That if there be more than one mortgagor in a mortgage, all covenants, terms, promises and obligations set forth in the mortgage or adopted by reference are agreed to be joint and several covenants, terms, conditions, promises and obligations of each of the mortgagors thereto.
9. Covenant No. 9. That this mortgage is made upon the express condition that if all sums secured hereby shall be paid at the time, place and manner mentioned in the mortgage, or in any of the covenants provided by this section which shall be adopted by reference, the mortgage and the estate therein mentioned and described shall cease, determine and be void, and the mortgagor, for himself, his heirs, executors, administrators, successors and assigns, covenants and agrees to pay in lawful money of the United States to the mortgagee all sums secured by the mortgage, or by the terms of the covenants adopted by reference at the time and in the manner therein provided, and if default be made in the payment of the principal or interest or any part thereof described in the mortgage, or of any promissory note or other instrument or obligation for which such mortgage is given as security, the whole of the principal sum for which the mortgage is given, which shall be then unpaid, shall become forthwith payable, although the time expressed in the promissory note or notes or other obligation or obligations shall not have arrived.
κ1967 Statutes of Nevada, Page 122 (CHAPTER 68, AB 32)κ
and the estate therein mentioned and described shall cease, determine and be void, and the mortgagor, for himself, his heirs, executors, administrators, successors and assigns, covenants and agrees to pay in lawful money of the United States to the mortgagee all sums secured by the mortgage, or by the terms of the covenants adopted by reference at the time and in the manner therein provided, and if default be made in the payment of the principal or interest or any part thereof described in the mortgage, or of any promissory note or other instrument or obligation for which such mortgage is given as security, the whole of the principal sum for which the mortgage is given, which shall be then unpaid, shall become forthwith payable, although the time expressed in the promissory note or notes or other obligation or obligations shall not have arrived.
10. Covenant No. 10. That it is understood and agreed that all the natural increase, during the existence of this mortgage, of any livestock which shall at any time be subject to the lien hereof, and all other livestock of the same kind as that described in the mortgage which in any manner is acquired by the mortgagor during the life of the mortgage, and all wool grown upon or produced by any sheep which shall at any time be subject to the lien of the mortgage, is property mortgaged hereunder and subject to the lien of the mortgage.
11. Covenant No. 11. That the mortgagor covenants and agrees to keep all livestock mortgaged or subject to the lien of the mortgage in good condition, and care for, inspect and protect the same, and provide and maintain sufficient blooded, graded breeding stock to properly serve any female livestock at any time subject to the lien of the mortgage, and in general to exercise such care in rearing, branding, ranging and feeding all livestock subject to the lien of the mortgage as is consistent and in accord with good business, and with the customary manner of handling that kind of livestock which is subject to the lien hereof. Should the livestock or any part thereof at any time, in the opinion of the mortgagee, require care, attention or protection other than that provided by the mortgagor, then the mortgagee may enter or cause entry to be made upon any property where the mortgaged livestock or any part thereof may be found, and assume control, custody and possession of the same, and at the expense of the mortgagor care for, protect, and attend to the same in such manner as it may deem necessary.
12. Covenant No. 12. That it is further understood and agreed that the mortgagee, its agents or attorneys, shall have the right at all times to inspect and examine any property which may at any time be subject to the lien of the mortgage, for the purpose of ascertaining whether or not the security given is being lessened, diminished, depleted or impaired, and if such inspection or examination shall disclose, in the judgment of the mortgagee, that the security given or the property mortgaged is being lessened or impaired, such condition shall be deemed a breach of the covenants of the mortgage on the part of the mortgagor.
13. Covenant No. 13. That upon default of any of the terms, conditions, covenants or agreements of any chattel mortgage whereby livestock is mortgaged, it is agreed that the mortgagee may, without foreclosure and without legal proceedings and without any previous demand therefore, with the aid or assistance of any person or persons, enter upon the premises and ranges of the mortgagor or such place or places as any of the property subject to the lien of the mortgage is or may be found, and take, lead, drive or carry away the mortgaged property or any part thereof, and with or without notice to the mortgagor, at either public or private sale, sell and dispose of the same or so much thereof as may be necessary to pay the amount and sums secured by the mortgage, for the best price it can obtain, and out of the moneys arising therefrom it shall retain and pay the sum or sums then due or payable under the lien of the mortgage, and interest thereon, and all charges and expenses incurred in gathering, feeding, caring for, and selling the property or any part thereof, and any other expenses and charges incurred by the mortgagee, and all other sums secured by any of the terms of the mortgage, and any overplus shall be paid to the mortgagor.
κ1967 Statutes of Nevada, Page 123 (CHAPTER 68, AB 32)κ
enter upon the premises and ranges of the mortgagor or such place or places as any of the property subject to the lien of the mortgage is or may be found, and take, lead, drive or carry away the mortgaged property or any part thereof, and with or without notice to the mortgagor, at either public or private sale, sell and dispose of the same or so much thereof as may be necessary to pay the amount and sums secured by the mortgage, for the best price it can obtain, and out of the moneys arising therefrom it shall retain and pay the sum or sums then due or payable under the lien of the mortgage, and interest thereon, and all charges and expenses incurred in gathering, feeding, caring for, and selling the property or any part thereof, and any other expenses and charges incurred by the mortgagee, and all other sums secured by any of the terms of the mortgage, and any overplus shall be paid to the mortgagor. The mortgagee is expressly authorized and empowered, upon any such sale, to make and execute such bills of sale or other conveyances necessary to convey to the purchaser or purchasers thereof an absolute title in the property so sold. It shall not be necessary for the purchaser or purchasers at any such sale or sales purported to be made under the powers granted hereunder to inquire into or in any way be or become responsible for the actual existence of the contingency or contingencies upon which such sale or sales shall be made by the mortgagee, and title to the purchaser or purchasers of the property so sold shall be good and sufficient; and the mortgagor agrees that the decision of the mortgagee as to the actual existence of the contingency or contingencies upon which the sale or sales as aforesaid is or may be predicated shall be conclusive and binding upon the mortgagor.
14. Covenant No. 14. That it is expressly agreed by and between the mortgagor and mortgagee that, in the event suit shall be instituted for the foreclosure of the mortgage, the mortgagee may, at its option and without notice, apply for the appointment of a receiver for the purpose of taking possession of the mortgaged property pending foreclosure, and with the approval of the court wherein such suit is instituted, such receiver as may be designated by the mortgagee shall be appointed. All costs in connection with the appointment of a receiver or in connection with the discharge of the duties of the receiver shall be taxed as costs in the suit.
15. Covenant No. 15. That it is expressly agreed and understood that in any sale of any of the property at any time subject to the lien of the mortgage, under the terms of the mortgage or any of the covenants adopted by reference, the property may, at the option of the mortgagee, be sold in one lot or parcel or in such other lots or parcels as may be designated by the mortgagee; and it is further covenanted and agreed that the mortgagee may become the purchaser of the property or any part thereof at any sale made under any of the terms of the mortgage, or upon foreclosure.
Sec. 10. Chapter 106 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any mortgage of real property, made on or after March 1, 1967, the parties may adopt by reference all or any of the following covenants, agreements, obligations, rights and remedies:
1. Covenant No. 1. That the mortgagor will perform each and all of the promises and obligations of the mortgage and all covenants thereof, adopted by reference as provided herein, and will pay the indebtedness therein described with interest as therein provided.
κ1967 Statutes of Nevada, Page 124 (CHAPTER 68, AB 32)κ
adopted by reference as provided herein, and will pay the indebtedness therein described with interest as therein provided.
2. Covenant No. 2. That the mortgagor will pay a reasonable attorney fee in case suit is started for the collection of the mortgage debt or any part thereof, and will pay all costs and expenses of the suit, whether the suit be prosecuted to judgment or not, and will also pay all costs of any sale made thereunder without court proceedings, including in case of such sale an attorney fee equal to ........ percent of the amount due at the date of the sale upon the principal and interest of the mortgage debt.
3. Covenant No. 3. That the mortgagor will pay, in lawful money of the United States, all sums expended or advanced by the mortgagee for taxes or assessments levied or assessed against the mortgaged property, fire insurance upon the same, or advanced for any other purpose provided for by the terms of the mortgage or the covenants thereof adopted by reference, together with interest upon any such sums from the date of the payment by the mortgagee until repaid, at the rate of ........ percent per annum.
4. Covenant No. 4. That this mortgage will be security for the payment in lawful money of the United States of any and all moneys that may hereafter become due or payable from the mortgagor to the mortgagee, from any cause whatsoever.
5. Covenant No. 5. That this mortgage shall be security for any and all renewals of the mortgage debt or of the promissory note or notes evidencing the same, which may be executed and delivered by the mortgagor to the mortgagee, and any and all additional or future advances or loans which may be made by the mortgagee to the mortgagor.
6. Covenant No. 6. That the mortgagor agrees to pay and discharge at maturity all taxes and assessments and all other charges and encumbrances which are, or shall hereafter be, or appear to be, a lien upon the mortgaged property, or any part thereof, and he will pay all interest or installments due on any prior encumbrance. And in default thereof, the mortgagee may, without demand or notice, pay the same and the mortgagee shall be the sole judge of the legality or validity of such taxes, assessments, charges or encumbrances and the amount necessary to be paid in the satisfaction or discharge thereof.
7. Covenant No. 7. That the mortgagor will at all times keep the buildings and improvements, which are now or which shall hereafter be erected upon the mortgaged premises, insured against loss or damage by fire to the amount of at least $........ in some reliable insurance company or companies, approved by the mortgagee, and will deliver the policies therefor to the mortgagee to be held by the mortgagee as further security. In default of the mortgagor to obtain such insurance, the mortgagee may procure the same, not exceeding the amount aforesaid, and may pay and expend for premiums for such insurance such sums of money as the mortgagee shall deem necessary.
8. Covenant No. 8. That if there be more than one mortgagor in a mortgage, all covenants, terms, promises and obligations set forth in the mortgage or adopted by reference are agreed to be joint and several covenants, terms, conditions, promises and obligations of each of the mortgagors thereto.
κ1967 Statutes of Nevada, Page 125 (CHAPTER 68, AB 32)κ
9. Covenant No. 9. That this mortgage is made upon the express condition that if all sums secured hereby shall be paid at the time, place and manner mentioned in the mortgage, or in any of the covenants provided by this section which shall be adopted by reference, the mortgage and the estate therein mentioned and described shall cease, determine and be void, and the mortgagor, for himself, his heirs, executors, administrators, successors and assigns, covenants and agrees to pay in lawful money of the United States to the mortgagee all sums secured by the mortgage, or by the terms of the covenants adopted by reference at the time and in the manner therein provided, and if default be made in the payment of the principal or interest or any part thereof described in the mortgage, or of any promissory note or other instrument or obligation for which such mortgage is given as security, the whole of the principal sum for which the mortgage is given, which shall be then unpaid, shall become forthwith payable, although the time expressed in the promissory note or notes or other obligation or obligations shall not have arrived.
10. Covenant No. 10. That it is further understood and agreed that the mortgagee, its agents or attorneys, shall have the right at all times to inspect and examine any property which may at any time be subject to the lien of the mortgage, for the purpose of ascertaining whether or not the security given is being lessened, diminished, depleted or impaired, and if such inspection or examination shall disclose, in the judgment of the mortgagee, that the security given or the property mortgaged is being lessened or impaired, such condition shall be deemed a breach of the covenants of the mortgage on the part of the mortgagor.
11. Covenant No. 11. That it is expressly agreed by and between the mortgagor and mortgagee that, in the event suit shall be instituted for the foreclosure of the mortgage, the mortgagee, may, at its option and without notice, apply for the appointment of a receiver for the purpose of taking possession of the mortgaged property pending foreclosure, and with the approval of the court wherein such suit is instituted, such receiver as may be designated by the mortgagee shall be appointed. All costs in connection with the appointment of a receiver or in connection with the discharge of the duties of the receiver shall be taxed as costs in the suit.
12. Covenant No. 12. That it is expressly agreed and understood that in any sale of any of the property at any time subject to the lien of the mortgage, under the terms of the mortgage or any of the covenants adopted by reference, the property may, at the option of the mortgagee, be sold in one lot or parcel or in such other lots or parcels as may be designated by the mortgagee; and it is further covenanted and agreed that the mortgagee may become the purchaser of the property or any part thereof at any sale made under any of the terms of the mortgage, or upon foreclosure.
Sec. 11. NRS 106.030 is hereby amended to read as follows:
106.030 Whenever, by the terms of any mortgage, the covenants in NRS 106.020 or in section 10 of this act or any of them are adopted as a part thereof by reference, as provided in NRS 106.010 to 106.050, inclusive, and in section 10 of this act, the mortgage is intended to secure and does secure the performance of the terms and conditions of the mortgage and all of the covenants so adopted by reference.
κ1967 Statutes of Nevada, Page 126 (CHAPTER 68, AB 32)κ
Sec. 12. NRS 106.040 is hereby amended to read as follows:
106.040 1. In order to adopt by reference any of the covenants, agreements, obligations, rights and remedies in NRS 106.020 [,] or section 10 of this act, it shall only be necessary to state in the mortgage [the following:] whichever of the following is appropriate:
(a) The following covenants, Nos. ........, ........ and ........ (inserting the respective numbers) of NRS 106.020, are hereby adopted and made a part of this mortgage.
(b) The following covenants, Nos. ........, ........ and ........ (inserting the respective numbers) of section 10 of this act, are hereby adopted and made a part of this mortgage.
2. In order to fix the amount of counsel fees under Covenant No. 2 of NRS 106.020 [,] or section 10 of this act, it shall only be necessary to state in the mortgage: Covenant No. 2, and set out thereafter the percentage to be allowed.
3. In order to fix the rate of interest under Covenant No. 3 of NRS 106.020 [,] or section 10 of this act, it shall only be necessary to state in the mortgage: Covenant No. 3, and set out thereafter the rate of interest to be charged thereunder.
4. A mortgage, in order to fix the amount of insurance to be carried, need not reincorporate the provisions of Covenant No. 7 of NRS 106.020 [,] or section 10 of this act, but may merely state the following: Covenant No. 7, and set out thereafter the amount of insurance to be carried.
Sec. 13. NRS 106.050 is hereby amended to read as follows:
106.050 Nothing in NRS 106.010 to 106.040, inclusive, or section 10 of this act shall prevent the parties to any mortgage from entering into any other, different or additional covenants or agreements than those set out in NRS 106.020 [.] or section 10 of this act.
Sec. 14. NRS 244.275 is hereby amended to read as follows:
244.275 1. The board of county commissioners shall have power and jurisdiction in their respective counties:
(a) To purchase any real or personal property necessary for the use of the county.
(b) To lease any real or personal property necessary for the use of the county. The provisions of NRS 244.320 shall not apply concerning leases of real property, and members of the board shall be allowed to vote on any contract or lease which extends beyond their terms of office.
2. No purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons to be appointed for that purpose by the district judge. The persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability.
3. Where a county has selected the cash basis of accounting pursuant to NRS 354.622, the board of county commissioners may enter into [conditional sales contracts] secured transactions or [other] contracts providing for deferred payment of the purchase price of any equipment, supplies, materials or other personal property purchased for the county, but as provided in NRS 244.320, no member of the board shall be allowed to vote on any contract which extends beyond his term of office.
κ1967 Statutes of Nevada, Page 127 (CHAPTER 68, AB 32)κ
Sec. 15. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Commission means the state board of fish and game commissioners.
2. Legal owner means a [person holding the legal title to a vessel under a conditional sale contract, a mortgagee of a vessel] secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
3. Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
4. Operate means to navigate or otherwise use a motorboat or a vessel.
5. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not such person lends, rents or pledges such vessel; and
(b) A [person entitled to the possession of a vessel as the purchaser under a conditional sale contract; and
(c) A mortgagor of a vessel.] debtor under a security agreement relating to a vessel.
Owner does not include a person [holding legal title to a vessel under a conditional sale contract, a mortgagee of a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.] defined as a legal owner under subsection 2.
6. Person means an individual, partnership, firm, corporation, association or other entity.
7. Registered owner means the person registered by the commission as the owner of a vessel.
8. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
9. Waters of this state means any waters within the territorial limits of this state.
Sec. 16. Section 55 of chapter 353, Statutes of Nevada 1965, is hereby amended to read as follows:
Section 55. Chapters, 79, 92, 93, 94, 95, 96, 98 and 103 of NRS and NRS 52.080, 78.255, 78.260, 100.070 to 100.170, inclusive, 106.060 to 106.180, inclusive, 106.230, 106.250, 107.060, 247.140, [482.510,] 662.130, 663.040, 664.010 and 664.050 to 664.070, inclusive, are hereby repealed.
Sec. 17. NRS 106.190 and sections 10, 11.5 to 12.9, inclusive, 34, 49 and 51 of chapter 353, Statutes of Nevada 1965, are hereby repealed.
κ1967 Statutes of Nevada, Page 128 (CHAPTER 68, AB 32)κ
Sec. 18. The title of chapter 353, Statutes of Nevada 1965, is hereby amended to read as follows:
AN ACT to amend Title 8 of NRS, relating to commercial instruments and transactions, by adding a new chapter enacting the Uniform Commercial Code regulating commercial transactions, including sales of personal property, negotiable instruments, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bill of lading and other documents of title, investment securities, and secured transactions and sales of accounts, contract rights and chattel paper, and making uniform the law relating thereto; to amend NRS sections 12.010, 21.080, 31.050, 40.430, 52.030, 111.225 and 247.225 to 247.280, inclusive, relating respectively to assignment of things in action, execution, attachment, actions on mortgages, presumptions, fraudulent conveyances and fees of county recorders, by making their general provisions subject to the new provisions enacted; to amend NRS sections 31.060, [52.070,] 106.200 to 106.220, inclusive, 106.260 to 106.280, inclusive, 107.070, 247.150 and 482.420, relating respectively to attachment, [presumptions,] recording of mortgages, discharge of mortgages, deeds of trust, indexing by county recorders, and involuntary transfers of motor vehicles, by deleting therefrom superseded provisions; to amend NRS sections 78.240, 364.110 and 562.050, relating respectively to shares of stock, licensing of retail business, and foreclosure of liens on sheep, by deleting superseded provisions and adding references to new provisions, to amend NRS sections 31.400, 41.460, 108.290, 205.335 to 205.345, inclusive, [244.275,] 247.170, 361.245, [482.055, 488.035,] 564.110 and 646.010, relating respectively to property pledged or mortgaged to garnishee, ownership of motor vehicles, liens, offenses relating to mortgaged property, [purchases by county commissioners,] indexing by county recorders, mortgaged personal property, [legal ownership of motor vehicles, definitions relating to watercraft,] livestock brands and marks, and pawnbrokers, by changing terminology relating to security interests; [to amend NRS section 247.300, relating to fees of county recorders, by deleting superseded provisions and changing terminology; to amend chapter 106 of NRS, relating to mortgages, by adding a new section relating to adoption of covenants by reference; to amend NRS sections 106.010 to 106.050, inclusive, and 106.190, relating to adoption of mortgage covenants by reference and to mortgages of livestock feed, by making changes necessitated by the addition of such new section;] to amend chapter 205 of NRS, relating to crimes against property, by adding new sections relating to documents of title and bulk transfers; to repeal chapters 79, 92, 93, 94, 95, 96, 98 and 103 of NRS, relating respectively to stock transfers, negotiable instruments, trust receipts, bills of lading, warehouse receipts, sales, bulk sales and private bulk grain storage; to repeal NRS sections 52.080, 78.255, 78.260, 100.070 to 100.170, inclusive, 106.060 to 106.180, inclusive, 106.230, 106.250, 107.060, 247.140, [482.510,] 662.130, 663.040, 664.010, 664.050 to 664.070, inclusive, relating respectively to presumptions, lost or destroyed stock certificates, assignment of accounts receivable, mortgages of personal property, duties of county recorder, extinguishment of liens, deeds of trust, filing of chattel mortgages, [registration of motor vehicles,] Saturday closing, forged or raised checks, presentation of checks, stopping payment and bank collections; and providing other matters properly relating thereto.
κ1967 Statutes of Nevada, Page 129 (CHAPTER 68, AB 32)κ
vehicles,] Saturday closing, forged or raised checks, presentation of checks, stopping payment and bank collections; and providing other matters properly relating thereto.
Sec. 19. This act shall become effective at 12:01 a.m., March 1, 1967.
________
Senate Bill No. 186Senator Pozzi
CHAPTER 69
AN ACT relating to security interests in vehicles; to require the entry of such interests on certificates of ownership; providing a penalty; and providing other matters properly relating thereto.
[Approved February 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. Purchase price means:
1. If no security interest is taken, retained, created or in existence by virtue of a sale of a vehicle in this state, the price of the vehicle plus any additional included amounts for taxes, official fees, registration fees, transfer of title fees, delivery charges, installation charges, servicing charges, repair charges, alteration charges and improvement charges, or any of them.
2. If a security interest is taken, retained, created or in existence by virtue of a sale of a vehicle in this state, the amounts specified in subsection 1 plus any time price differential included in the security agreement or the obligation which it secures.
Sec. 3. Security interest means a security interest as defined in NRS 104.1201.
Sec. 4. 1. When a new vehicle is sold in this state, the seller shall complete and execute a dealers report of sale. The dealers report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee shall be entered on the dealers report of sale.
2. The seller shall submit one copy of the dealers report of sale to the department and shall furnish one copy to the buyer. One copy shall be affixed to the right front windshield of the vehicle. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
κ1967 Statutes of Nevada, Page 130 (CHAPTER 69, SB 186)κ
Sec. 5. 1. When a used vehicle is sold in this state by a dealer, the seller shall complete and execute a dealers report of sale. The dealers report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of such sale, or if in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party shall be entered on the dealers report of sale.
2. The seller shall submit one copy of the dealers report of sale to the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for such vehicle, and shall furnish one copy to the buyer. One copy shall be affixed to the front right windshield of the vehicle. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
Sec. 6. When a used vehicle is sold in this state by a person who is not a dealer, the seller or buyer or both of them shall submit to the department:
1. If a certificate of ownership has been issued in this state, such certificate properly endorsed.
2. If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:
(a) Such certificate or document properly endorsed; and
(b) A statement showing, if not included in the endorsed certificate or document, the description of the vehicle, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. Any such statement shall be signed and acknowledged by the seller and the buyer.
3. If no document of title has been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by paragraph (b) of subsection 2.
Sec. 7. 1. Upon receipt of the documents required respectively by sections 4, 5 and 6 of this act to be submitted to it, the department shall issue a certificate of ownership.
2. If no security interest is created or exists in connection with the sale, the certificate of ownership shall be issued to the buyer.
3. If a security interest is created by the sale, the certificate of ownership shall be issued to the secured party or to his assignee.
Sec. 8. 1. Whenever a security interest is created in a motor vehicle, other than a security interest required to be entered pursuant to sections 4, 5 or 6 of this act, the certificate of ownership of the vehicle shall be delivered to the department with a statement signed by the debtor showing the date of the security agreement, the name and address of the debtor and the name and address of the secured party.
2. The department shall issue and deliver to the secured party a certificate of ownership with the name and address of the secured party noted thereon.
κ1967 Statutes of Nevada, Page 131 (CHAPTER 69, SB 186)κ
Sec. 9. For its services under sections 7 or 8 of this act, the department shall charge and collect a single fee of $2 from the owner.
Sec. 10. When the contract or terms of the security agreement have been fully performed, the seller or other secured party who holds a certificate of ownership shall deliver the certificate of ownership to the person or persons legally entitled thereto, with proper evidence of the termination or release of the security interest.
Sec. 11. Compliance with the applicable provisions of sections 4 to 10, inclusive, of this act is sufficient for the perfection and release of a security interest in a vehicle. This act requires indication of a security interest on a certificate of title within the meaning of paragraph (b) of subsection 3 of NRS 104.9302. In all other respects the rights and duties of the debtor and secured party are governed by the Uniform Commercial Code-Secured Transactions and chapter 97 of NRS to the extent applicable.
Sec. 12. Sections 4 to 11, inclusive, of this act do not apply to a security interest in:
1. Any vehicle which constitutes inventory held for sale; or
2. Any vehicle, other than a mobile home, not required to be registered under this chapter.
Security interests in all such vehicles are governed by NRS 104.9101 to 104.9507, inclusive.
Sec. 13. No right of action exists in favor of any person by reason of any action or failure to act on the part of the department or any officer or employee thereof in carrying out the provisions of sections 4 to 9, inclusive, of this act or in giving or failing to give any information concerning the legal ownership of a motor vehicle or the existence of a security interest therein.
Sec. 14. Any person is guilty of a gross misdemeanor who knowingly:
1. Makes any false entry on any certificate of origin or certificate of ownership; or
2. Furnishes false information to the department concerning any security interest.
Sec. 15. NRS 482.207 is hereby amended to read as follows:
482.207 Notwithstanding any other provisions of this chapter, any vehicle dealer licensed under the provisions of NRS 482.325 may, upon presentation of a manufacturers certificate of origin or other evidence of ownership satisfactory to the department, register a vehicle being held for sale or resale in the name of his dealership. Upon registration the department shall also issue a certificate of ownership for such vehicle to such dealership. The appropriate fees provided in NRS [482.240 and] 482.480 and section 9 of this act shall be paid to the department by the vehicle dealer.
Sec. 16. NRS 482.240 is hereby amended to read as follows:
482.240 1. Upon a registration of a vehicle the department shall issue a certificate of registration to the owner. [and a certificate of ownership to the legal owner, or both to a person who is both owner and legal owner.]
2. When an applicant for registration or transfer of registration shall be unable, for any reason, to submit to the department in support of such application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration.
κ1967 Statutes of Nevada, Page 132 (CHAPTER 69, SB 186)κ
application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration.
3. The department may, upon proof of ownership satisfactory to it, issue a certificate of ownership prior to registration of the vehicle concerned.
4. The department shall not issue a certificate of ownership for a vehicle which was previously registered or purchased in any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province, or country unless the application for the certificate of ownership is accompanied by a motor vehicle inspection certificate signed by a representative of the department or by a dealers report of sale by a licensed vehicle dealer.
[5. At the time of the issuance of a certificate of ownership, the applicant shall pay a title fee of $2.]
Sec. 17. NRS 482.245 is hereby amended to read as follows:
482.245 Certificates of registration and of ownership shall meet the following requirements:
1. The certificate of registration shall contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, a description of the registered vehicle and such other statement of facts as may be determined by the department.
2. The certificate of ownership shall contain upon the face thereof the date issued, the name and address of registered owner and legal owner, a description of the vehicle, any entries required by sections 4 to 8, inclusive, of this act and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership [only] shall contain forms for notice to the department of a transfer of the title or interest of the owner or legal owner and application for registration by the transferee.
Sec. 18. NRS 482.410 is hereby amended to read as follows:
482.410 [Upon receipt from the transferee of the certificate of ownership properly endorsed, the certificate of registration of the vehicle, the application, the privilege tax and the registration fee the department shall register such vehicle as provided in this chapter with reference to an original registration, and shall issue to the owner and legal owner entitled thereto, by reason of such transfer, a new certificate of registration, a new license plate or plates, and a new certificate of ownership, respectively, in the manner and form provided in this chapter for original registration.] The transferee of a vehicle shall apply for a certificate of registration and pay the privilege tax to the deputy registrar of motor vehicles in any county of this state, in the manner provided in this chapter for an original registration.
Sec. 19. NRS 109.9302 is hereby amended to read as follows:
109.9302 1. A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under NRS 104.9305.
κ1967 Statutes of Nevada, Page 133 (CHAPTER 69, SB 186)κ
(b) A security interest temporarily perfected in instruments or documents without delivery under NRS 104.9304 or in proceeds for a 10-day period under NRS 104.9306.
(c) A purchase money security interest in farm equipment having a purchase price not in excess of $2,500; but filing is required for a fixture under NRS 104.9313 or for a motor vehicle required to be licensed.
(d) A purchase money security interest in consumer goods; but filing is required for a fixture under NRS 104.9313 or for a motor vehicle required to be licensed.
(e) An assignment of accounts or contract rights which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts or contract rights of the assignor.
(f) A security interest of a collecting bank (NRS 104.4208) or arising under the article on sales (see NRS 104.9113) or covered in subsection 3 of this section.
2. If a secured party assigns a perfected security interest, no filing under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
3. The filing provisions of this article do not apply to a security interest in property subject to a statute:
(a) Of the United States which provides for a national registration or filing of all security interests in such property; or
(b) Of this state which provides for central filing of, or which requires indication on a certificate of title of, such security interests in such property.
4. A security interest in property covered by a statute described in subsection 3 can be perfected only by registration or filing under that statute or by indication of the security interest on a certificate of title or duplicate thereof by a public official.
Sec. 20. NRS 482.403 is hereby repealed.
Sec. 21. This act shall become effective at 12:05 a.m., March 1, 1967.
________
Assembly Bill No. 390Mr. Swackhamer
CHAPTER 70
AN ACT to amend an act entitled An Act relating to security interests in vehicles; to require the entry of such interests on certificates of ownership; providing a penalty; and providing other matters properly relating thereto, being Senate Bill No. 186 of the 54th session of the Nevada legislature.
[Approved February 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being Senate Bill No. 186 of the 54th session of the Nevada legislature, is hereby repealed.
Sec. 2. This act shall become effective at 12:06 a.m. on March 1, 1967.
________
κ1967 Statutes of Nevada, Page 134κ
Senate Bill No. 98Senator Dodge
CHAPTER 71
AN ACT to amend NRS 502.240, relating to fish and game license and permit fees, by establishing a special nonresident, 3-day, migratory waterfowl hunting license.
[Approved February 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.240 is hereby amended to read as follows:
502.240 Annual licenses for the term of 1 year from July 1 to June 30 and limited permits shall be issued at the following prices:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of $1 for an annual fishing and hunting license.
2. Except as provided in subsection 3, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of:
For an annual fishing license........................................................... $5.00
For a 5-day permit to fish.................................................................. 3.50
For an annual hunting license.......................................................... 5.00
For an annual trappers license........................................................ 5.00
3. To any citizen of the United States who has attained his 60th birthday and who has been a bona fide resident of the State of Nevada for 10 years, upon the payment of $1 for an annual hunting and fishing license. Any such person shall be exempt from the payment of the fee for a resident deer tag for a regular season as required by the provisions of NRS 502.250.
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $2 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10) ..................................................................................................... $10.00
For a 5-day permit to fish.................................................................. 3.50
For a special hunting license to hunt deer by bow and arrow (and no other license shall be required)......................................................... 10.00
For a special license to hunt upland game birds (and no other license or permit shall be required) a fee not to exceed........................ 25.00 For a permit to hunt upland game birds in conjunction with a regular hunting license, a fee not to exceed..... $10.00
κ1967 Statutes of Nevada, Page 135 (CHAPTER 71, SB 98)κ
For a permit to hunt upland game birds in conjunction with a regular hunting license, a fee not to exceed..................................................... $10.00
For an annual hunting license.......................................................... 35.00
For an annual trappers license........................................................ 10.00
For a special nonresident, 3-day, migratory waterfowl hunting license (which shall be in lieu of all other licenses or permits, except for the migratory bird hunting stamp)............................................. 10.00
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 21Senators Pozzi and Farr
CHAPTER 72
AN ACT to amend NRS 205.055, relating to arson, by expanding the provisions relating to attempt by preparation and by adding new provisions prohibiting the disposal and possession of fire bombs; providing a penalty; and providing other matters properly relating thereto.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.055 is hereby amended to read as follows:
205.055 1. Any willful preparation made by any person with a view to setting fire to any building or structure shall be deemed to be an attempt to commit the crime of arson, and shall be punished as such.
2. Every person who possesses, manufactures or disposes of a fire bomb or any flammable, explosive or combustible material or substance, or any device in an arrangement or preparation, with intent willfully and maliciously to use such material, substance or device to set fire to or burn any building, structure or personal property mentioned in NRS 205.010, 205.015 and 205.020, is guilty of an attempt to commit the crime of arson, and, upon conviction shall be punished as provided in NRS 205.025.
3. For the purposes of this section:
(a) Dispose of means give, give away, loan, offer, offer for sale, sell or transfer.
(b) Fire bomb is a breakable container containing a flammable liquid with a flash point of 150Ί F. or less, having a wick or similar device capable of being ignited; but no device commercially manufactured primarily for the purpose of illumination is a fire bomb.
4. Subsection 2 does not prohibit the authorized use or possession of any material, substance or device described therein by a member of the Armed Forces of the United States or by firemen, or peace officers; nor does it prohibit the use or possession of any material, substance or device described therein when used solely for scientific research or educational purposes or for any other lawful burning. Subsection 2 does not prohibit the manufacture or disposal of a fire bomb for the persons or purposes described in this subsection.
κ1967 Statutes of Nevada, Page 136 (CHAPTER 72, SB 21)κ
prohibit the manufacture or disposal of a fire bomb for the persons or purposes described in this subsection.
________
Assembly Bill No. 9Mr. Homer
CHAPTER 73
AN ACT to amend NRS 200.502, relating to the reporting of evidence of child abuse or neglect, by requiring such reports to be made by chiropractic physicians.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 200.502 is hereby amended to read as follows:
200.502 A report, as provided in NRS 200.503, shall be made promptly to any police department or sheriffs office when there is reason to believe that a child under 18 years of age has had serious injury or injuries inflicted on him as a result of abuse or neglect. Upon the receipt of a report concerning the possible nonaccidental infliction of a physical injury upon a child, or willful neglect of a child, it shall be the duty of such law enforcement agency to investigate and forthwith refer such report to the local office of the welfare division of the department of health and welfare. No child about whom such report is made shall be removed from his parents, stepparents, guardian or other persons having lawful custody by such law enforcement agency without consultation with the division unless, in the judgment of the reporting physician or such law enforcement agency, immediate removal is considered essential to protect the child from further injury or abuse.
2. Such report shall be made:
(a) By every physician or surgeon, including doctors of medicine, dentistry and osteopathy, chiropractic physicians, residents and interns, licensed in this state, examining, attending or treating such child.
(b) By the superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which shall be provided by every such physician or surgeon whose attendance with respect to such child is pursuant to his performance of services as a member of the staff of such hospital or institution.
(c) By every nurse, licensed to practice professional nursing in this state, examining, attending or treating such child in the absence of such physician or surgeon.
(d) By every attorney, clergyman, social worker, school authority and teacher.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 137κ
Senate Bill No. 33Senator Pozzi
CHAPTER 74
AN ACT to amend NRS 2.290, relating to the bailiff of the supreme court, by authorizing the supreme court to designate a bailiff; and providing other matters properly relating thereto.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.290 is hereby amended to read as follows:
2.290 [The sheriff of Ormsby County shall act as bailiff of the supreme court. For his services as bailiff, either in person or by deputy, he shall receive from the state, in full payment for such services, the sum of $50 per calendar month when actually in attendance upon the court, such sum to be paid by the state treasurer out of the biennial appropriation therefor. The sheriff, as bailiff, shall retain to his own use all moneys received by him under the provisions of this section.] The supreme court, or a majority thereof, is authorized to designate:
1. One of the law clerks employed pursuant to NRS 2.300 to act as bailiff of the supreme court without additional compensation; or
2. The sheriff of Ormsby County to act as bailiff of the supreme court. For his services as bailiff, either in person or by deputy, he shall receive from the state, in full payment for such services, the sum of $50 per calendar month when actually in attendance upon the court, such sum to be paid by the state treasurer out of the biennial appropriation therefor. The sheriff, as bailiff, shall retain to his own use all moneys received by him under the provisions of this subsection.
________
Assembly Bill No. 50Committee on State, County and City Affairs
CHAPTER 75
AN ACT to amend NRS 225.065, relating to the division of archives in the office of the secretary of state, by broadening provisions specifying the location of the division.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 225.065 is hereby amended to read as follows:
225.065 The division of archives is hereby created within the office of the secretary of state. The secretary of state shall:
1. Maintain and properly equip safe and secure vaults for the preservation and use of material deposited in the archives [in rooms located in the northwest portion of the capitol basement when such rooms are vacated by the buildings and grounds division of the department of administration.] , which shall be located at the seat of government.
κ1967 Statutes of Nevada, Page 138 (CHAPTER 75, AB 50)κ
2. Employ personnel to preserve, index and aid in the use of material deposited in the archives.
3. Give an appropriate receipt for material received by him as part of the archives.
4. Make readily available for use material deposited in the archives.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 68Miss Foote
CHAPTER 76
AN ACT to amend NRS 427.140 and 427.160, relating to old-age assistance, by deleting the requirement that a list of recipients of such assistance be submitted to the state treasurer; and providing other matters properly relating thereto.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 NRS 427.010 to 427.280, inclusive.
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 welfare division and certified to the state controller [and the state treasurer] by the state welfare administrator in the manner provided for in NRS 427.010 to 427.280, inclusive, 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 NRS 427.010 to 427.280, inclusive, and in the Social Security Act, in the same manner as other state moneys are disbursed.
Sec. 2. NRS 427.160 is hereby amended to read as follows:
427.160 1. The state welfare administrator shall furnish to 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 administrator as being a full, true and correct list of such recipients and the amount to which each of them is entitled under NRS 427.010 to 427.280, inclusive. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of NRS 427.010 to 427.280, inclusive.
κ1967 Statutes of Nevada, Page 139 (CHAPTER 76, AB 68)κ
revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of NRS 427.010 to 427.280, inclusive.
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 NRS 427.010 to 427.280, inclusive.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all such warrants to the welfare division and the welfare division shall mail the warrants to the recipients entitled thereto as determined by the welfare division.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 84Mr. Kean
CHAPTER 77
AN ACT to amend NRS 283.450, relating to the removal of civil officers for use of intoxicants or narcotic drugs, by including city officers.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 283.450 is hereby amended to read as follows:
283.450 1. Any civil officer in this state who shall, during his term of office, become intoxicated or be under the influence of alcoholic, malt or vinous liquors, or become or be addicted to the use of drugs or narcotics, so that he shall not at all times be in proper condition for the discharge of the duties of his office, shall be guilty of misdemeanor in office, and on conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding 1 year, and shall, if he is a state officer, be subject to removal from office by impeachment, or if he is a county, city or township officer he shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such conviction.
2. Upon receiving information from any person that the provisions of this section have been violated, sheriffs and their deputies, constables and their deputies, district attorneys, and all other peace officers in this state shall immediately institute proceedings in the proper court against the person complained of, and shall prosecute the same with reasonable diligence to final judgment.
3. If any person shall make and file a complaint under oath charging the district attorney with a violation or violations of this section, the attorney general shall prosecute such district attorney pursuant to the terms of this section.
κ1967 Statutes of Nevada, Page 140 (CHAPTER 77, AB 84)κ
4. If any state officer is convicted under the provisions of this section, the prosecuting officer obtaining the conviction shall file a certified copy of the judgment roll with the secretary of state. The secretary of state shall lay the certified copy of the judgment roll before the legislature at its next session.
5. The provisions of this section shall be specially charged to the grand juries of the several counties by district judges.
Sec. 2. This act shall become effective on July 1, 1967.
________
Assembly Bill No. 114Committee on Mines, Mining and Public Lands
CHAPTER 78
AN ACT to amend NRS 321.420, relating to the Eldorado Valley advisory group, by adapting the composition of the advisory group to the increased number of senators from Clark County resulting from reapportionment.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.420 is hereby amended to read as follows:
321.420 1. There is hereby created the Eldorado Valley advisory group composed of 12 members appointed by the governor.
2. The advisory group shall be composed as follows:
(a) [The] One state senator from Clark County.
(b) One assemblyman from Clark County.
(c) One representative from each of the following:
(1) The board of county commissioners of Clark County;
(2) The Clark County planning department;
(3) The City of Las Vegas;
(4) The City of Henderson; and
(5) The City of North Las Vegas.
(d) Two representatives from Boulder City.
(e) One representative of organized labor.
(f) Two representatives at large.
3. With the exception of the state senator and assemblyman from Clark County, all members of the advisory group shall be appointed for 2-year terms and shall serve at the pleasure of the governor. Such members may be reappointed to succeeding terms of 2 years each.
4. Vacancies shall be filled by appointment by the governor for the unexpired balance of the term in accordance with subsection 2.
5. Members of the advisory group shall serve without compensation.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 141κ
Assembly Bill No. 115Committee on Mines, Mining and Public Lands
CHAPTER 79
AN ACT to amend NRS 626.020, relating to examining districts for hoisting engineer examinations, by providing that the inspector of mines shall establish examining districts.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 626.020 is hereby amended to read as follows:
626.020 [1. The state is divided into nine examining districts, as follows:
District No. 1. Storey, Ormsby, Douglas and Washoe Counties shall constitute District No. 1.
District No. 2. Humboldt and Pershing Counties and the north half of Lander County shall constitute District No. 2.
District No. 3. Elko County and the north half of Eureka County shall constitute District No. 3.
District No. 4. White Pine County shall constitute District No. 4.
District No. 5. The south half of Eureka County and the south half of Lander County shall constitute District No. 5.
District No. 6. Lincoln County shall constitute District No. 6.
District No. 7. Clark County shall constitute District No. 7.
District No. 8. Nye, Esmeralda and Mineral Counties shall constitute District No. 8.
District No. 9. Churchill and Lyon Counties shall constitute District No. 9.
2. Examinations required by this chapter shall be conducted in the examining districts.] The inspector of mines shall establish examining districts in which examinations required by this chapter shall be held.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 185Mr. Roy Young
CHAPTER 80
AN ACT to amend NRS 547.150, relating to agricultural districts, by clarifying the authority of such districts to make just and proper expenditures.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 547.150 is hereby amended to read as follows:
547.150 Before any board of county commissioners shall appropriate any moneys as provided in NRS 547.120 to 547.140, inclusive, the board shall have presented to it a certificate under oath signed by the president and the secretary of the district board of agriculture showing:
κ1967 Statutes of Nevada, Page 142 (CHAPTER 80, AB 185)κ
1. The amount of money expended by such agricultural association within the county or counties composing such agricultural district.
2. That the same was expended for the payment of premiums awarded by the district board of agriculture of such agricultural association [.] or for such purposes as the agricultural association has through its district board of agriculture determined to be just and proper.
3. That the same was not expended, either directly or indirectly, for the purpose of paying any purse or purses for racing.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 190Mrs. Tyson and Mr. Wood
CHAPTER 81
AN ACT to repeal NRS 223.090 to 223.120, inclusive, relating to the executive assistant to the governor, his appointment, salary and duties.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 223.090 to 223.120, inclusive, are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 127Committee on Transportation
CHAPTER 82
AN ACT to amend chapter 598 of NRS, relating to trade regulations and practices, by adding a new section regulating the sale and advertising of master keys for motor vehicles; providing a penalty; and providing other matters properly relating thereto.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, master motor vehicle key set means a key or keys that may be used to operate more than one motor vehicle.
2. No person may sell a master motor vehicle key set to any person except automobile dealers, automobile repairmen, locksmiths and peace officers of the State of Nevada.
3. No person may advertise the sale of a master motor vehicle key set except in trade journals of automobile dealers, automobile repairmen and locksmiths.
κ1967 Statutes of Nevada, Page 143 (CHAPTER 82, SB 127)κ
4. Any person who violates the provisions of subsection 2 or 3 of this section is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 96Senator Swobe
CHAPTER 83
AN ACT to amend NRS 107.030, relating to the adoption of covenants by reference in deeds of trust, by providing for the substitution of a new trustee by recording the instrument of appointment without conveyance by the former trustee.
[Approved March 2, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 107.030 is hereby amended to read as follows:
107.030 Every deed of trust made after March 29, 1927, may adopt by reference all or any of the following covenants, agreements, obligations, rights and remedies:
1. Covenant No. 1. That grantor agrees to pay and discharge at maturity all taxes and assessments and all other charges and encumbrances which now are or shall hereafter be, or appear to be, a lien upon the trust premises, or any part thereof; and that he will pay all interest or installments due on any prior encumbrance, and that in default thereof, beneficiary may, without demand or notice, pay the same, and beneficiary shall be sole judge of the legality or validity of such taxes, assessments, charges or encumbrances, and the amount necessary to be paid in satisfaction or discharge thereof.
2. Covenant No. 2. That the grantor will at all times keep the buildings and improvements which are now or shall hereafter be erected upon the premises insured against loss or damage by fire, to the amount of at least $........, by some insurance company or companies approved by beneficiary, the policies for which insurance shall be made payable, in case of loss, to beneficiary, and shall be delivered to and held by the beneficiary as further security; and that in default thereof, beneficiary may procure such insurance, not exceeding the amount aforesaid, to be effected either upon the interest of trustee or upon the interest of grantor, or his assigns, and in their names, loss, if any, being made payable to beneficiary, and may pay and expend for premiums for such insurance such sums of money as the beneficiary may deem necessary.
3. Covenant No. 3. That if, during the existence of the trust, there be commenced or pending any suit or action affecting the conveyed premises, or any part thereof, or the title thereto, or if any adverse claim for or against the premises, or any part thereof, be made or asserted, the trustee or beneficiary may appear or intervene in the suit or action and retain counsel therein and defend same, or otherwise take such action therein as they may be advised, and may settle or compromise same or the adverse claim; and in that behalf and for any of the purposes may pay and expend such sums of money as the trustee or beneficiary may deem to be necessary.
κ1967 Statutes of Nevada, Page 144 (CHAPTER 83, SB 96)κ
the adverse claim; and in that behalf and for any of the purposes may pay and expend such sums of money as the trustee or beneficiary may deem to be necessary.
4. Covenant No. 4. That the grantor will pay to trustee and to beneficiary respectively, on demand, the amounts of all sums of money which they shall respectively pay or expend pursuant to the provisions of the implied covenants of this section, or any of them, together with interest upon each of the amounts, until paid, from the time of payment thereof, at the rate of ................ percent per annum.
5. Covenant No. 5. That in case grantor shall well and truly perform the obligation or pay or cause to be paid at maturity the debt or promissory note, and all moneys agreed to be paid by him, and interest thereon for the security of which the transfer is made, and also the reasonable expenses of the trust in this section specified, then the trustee, its successors or assigns, shall reconvey to the grantor all the estate in the premises conveyed to the trustee by the grantor. Any part of the trust property may be reconveyed at the request of the beneficiary.
6. Covenant No. 6. That if default be made in the performance of the obligation, or in the payment of the debt, or interest thereon, or any part thereof, or in the payment of any of the other moneys agreed to be paid, or of any interest thereon, or if any of the conditions or covenants in this section adopted by reference be violated, and if the notice of breach and election to sell, required by this chapter, be first recorded, then trustee, its successors or assigns, on demand by beneficiary, or assigns, shall sell the above-granted premises, or such part thereof as in its discretion it shall find necessary to sell, in order to accomplish the objects of these trusts, in the manner following, namely:
The trustees shall first give notice of the time and place of such sale, in the manner provided by the laws of this state for the sale of real property under execution, and may from time to time postpone such sale by such advertisement as it may deem reasonable, or without further advertisement, by proclamation made to the persons assembled at the time and place previously appointed and advertised for such sale, and on the day of sale so advertised, or to which such sale may have been postponed, the trustee may sell the property so advertised, or any portion thereof, at public auction, at the time and place specified in the notice, either in the county in which the property, or any part thereof, to be sold, is situated, or at the principal office of the trustee, in its discretion, to the highest cash bidder. The beneficiary, obligee, creditor, or the holder or holders of the promissory note or notes secured thereby may bid and purchase at such sale. The beneficiary may, after recording the notice of breach and election, waive or withdraw the same or any proceedings thereunder, and shall thereupon be restored to his former position and have and enjoy the same rights as though such notice had not been recorded.
7. Covenant No. 7. That the trustee, upon such sale, shall make (without warranty), execute and, after due payment made, deliver to purchaser or purchasers, his or their heirs or assigns, a deed or deeds of the premises so sold which shall convey to the purchaser all the title of the grantor in the trust premises, and shall apply the proceeds of the sale thereof in payment, firstly, of the expenses of such sale, together with the reasonable expenses of the trust, including counsel fees, in an amount equal to ................
κ1967 Statutes of Nevada, Page 145 (CHAPTER 83, SB 96)κ
the grantor in the trust premises, and shall apply the proceeds of the sale thereof in payment, firstly, of the expenses of such sale, together with the reasonable expenses of the trust, including counsel fees, in an amount equal to ................ percent of the amount secured thereby and remaining unpaid, which shall become due upon any default made by grantor in any of the payments aforesaid; and also such sums, if any, as trustee or beneficiary shall have paid, for procuring a search of the title to the premises, or any part thereof, subsequent to the execution of the deed of trust; and in payment, secondly, of the obligation or debts secured, and interest thereon then remaining unpaid, and the amount of all other moneys with interest thereon herein agreed or provided to be paid by grantor; and the balance or surplus of such proceeds of sale it shall pay to grantor, his heirs, executors, administrators or assigns.
8. Covenant No. 8. That in the event of a sale of the premises conveyed or transferred in trust, or any part thereof, and the execution of a deed or deeds therefor under such trust, the recital therein of default, and of recording notice of breach and election of sale, and of the elapsing of the 3-month period, and of the giving of notice of sale, and of a demand by beneficiary, his heirs or assigns, that such sale should be made, shall be conclusive proof of such default, recording, election, elapsing of time, and of the due giving of such notice, and that the sale was regularly and validly made on due and proper demand by beneficiary, his heirs and assigns; and any such deed or deeds with such recitals therein shall be effectual and conclusive against grantor, his heirs and assigns, and all other persons; and the receipt for the purchase money recited or contained in any deed executed to the purchaser as aforesaid shall be sufficient discharge to such purchaser from all obligation to see to the proper application of the purchase money, according to the trusts aforesaid.
9. Covenant No. 9. That the beneficiary or his assigns may, from time to time, appoint another trustee, or trustees, to execute the trust created by the deed of trust or other conveyance in trust. [, and upon such appointment and a conveyance to such new trustee of the premises so held in trust, the new trustee or trustees shall be vested with all the title, interest, powers, duties and trusts in the premises vested in or conferred upon the original trustee.]
A copy of a resolution of the board of directors of beneficiary (if beneficiary be a corporation), certified by the secretary thereof, under its corporate seal, or an instrument executed and acknowledged by the beneficiary (if the beneficiary be a natural person), [attached to the instrument of assignment or transfer,] shall be conclusive proof of the proper appointment of such substituted trustee. Upon the recording of such certified copy or executed and acknowledged instrument, the new trustee or trustees shall be vested with all the title, interest, powers, duties and trusts in the premises vested in or conferred upon the original trustee. If there be more than one trustee, either may act alone and execute the trusts upon the request of the beneficiary, and all his acts thereunder shall be deemed to be the acts of all trustees, and the recital in any conveyance executed by such sole trustee of such request shall be conclusive evidence thereof, and of the authority of such sole trustee to act.
κ1967 Statutes of Nevada, Page 146 (CHAPTER 83, SB 96)κ
conclusive evidence thereof, and of the authority of such sole trustee to act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 18Committee on Judiciary
CHAPTER 84
AN ACT to amend NRS 608.050, relating to wages to be paid at termination of service, by providing for the application of NRS 108.221 to 108.2394, inclusive, to employees claims against the employer.
[Approved March 6, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 608.050 is hereby amended to read as follows:
608.050 1. Whenever an employer of labor shall discharge or lay off his or its employees without first paying them the amount of any wages or salary then due them, in cash and lawful money of the United States, or its equivalent, or shall fail, or refuse on demand, to pay them in like money, or its equivalent, the amount of any wages or salary at the time the same becomes due and owing to them under their contract of employment, whether employed by the hour, day, week or month, each of his or its employees may charge and collect wages in the sum agreed upon in the contract of employment for each day his employer is in default, until he is paid in full, without rendering any service therefor; but he shall cease to draw such wages or salary 30 days after such default.
2. Every employee shall have a lien as provided in NRS 108.010 to 108.220, inclusive, or NRS 108.221 to 108.2394, inclusive, and all other rights and remedies for the protection and enforcement of such salary or wages as he would have been entitled to had he rendered services therefor in the manner as last employed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 156Senators Swobe, Bailey, Farr, Hug, Slattery and Young
CHAPTER 85
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters properly relating thereto, approved March 16, 1903, as amended.
[Approved March 6, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of Article II of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 323, Statutes of Nevada 1961, at page 632, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 147 (CHAPTER 85, SB 156)κ
Section 1. The officers of the city shall be: seven members of the city council, one of whom shall be selected mayor, as hereinafter provided; city manager; city attorney; city clerk; judge of the municipal court; city comptroller; city treasurer and tax receiver, the treasurer of Washoe County being ex officio city treasurer and tax receiver; city assessor, the assessor of Washoe County being ex officio city assessor; city engineer; chief of police; chief of fire department; board of health, consisting of not less than three nor more than five persons. The city council may by ordinance create any or all of the following offices: assistant city manager, director of public works, director of public safety, director of personnel and finance, and director of parks, recreation and public properties.
Sec. 2. Section 2 of Article III-A of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, and last amended by chapter 323, Statutes of Nevada 1961, at page 633, is hereby amended to read as follows:
Section 2. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, subject to the civil service provisions of this charter, he shall have the power and shall be required to:
1. Appoint all officers and employees of the city and, when necessary for the good of the service, remove any officer or employee of the city except as otherwise provided by this charter and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office. No appointment of a head of a department or office by the city manager pursuant to this subsection shall take effect until it has been confirmed by a majority vote of all the members elected to the city council; and if the person so nominated is not confirmed, the city manager shall nominate another, and so on until the place is filled. The city council may at any time, by a majority vote of all the members elected, remove any head of a department or office appointed by the city manager.
2. Prepare the budget annually and submit it to the council and be responsible for its administration after adoption.
3. Prepare and submit to the council as of the end of the fiscal year an inventory of all city-owned property and a complete report of the finances and administrative activities of the city for the preceding year.
4. Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable.
5. Perform such other duties as may be prescribed by this charter or required of him by the council, not inconsistent with this charter.
6. Be bonded, the amount to be determined by the council.
7. Observe the official conduct of all officers and employees of the city, especially with respect to the collection, management and disbursement of public funds. All books, papers, records and documents of the city shall be open to his inspection at all times.
8. Report any official misconduct or willful neglect of duty to the city council.
9. Give to the city council from time to time information relating to the state of the city, and recommend such measures as he deems beneficial to the city.
κ1967 Statutes of Nevada, Page 148 (CHAPTER 85, SB 156)κ
to the state of the city, and recommend such measures as he deems beneficial to the city.
10. See that the general laws, the provisions of this charter, and all ordinances, rules and regulations of the city are observed and enforced.
11. See that all contracts are faithfully performed.
12. Cause such legal proceedings to be instituted or defended as may be necessary or proper to protect the interests of the city.
Sec. 3. Section 3 of Article III-A of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, and last amended by chapter 323, Statutes of Nevada 1961, at page 634, is hereby amended to read as follows:
Section 3. To perform his duties during his temporary absence or disability, the city manager may designate by letter filed with the city clerk a qualified administrative officer of the city. No such designation shall take effect until it has been confirmed by a majority vote of all the members elected to the city council. In the event of failure of the city manager to make such designation, the council may by resolution appoint an officer of the city to perform the duties of the city manager until he shall return or his disability shall cease. During any vacancy in the office of the city manager, the mayor, with concurrence of city council, shall appoint an acting city manager who shall have the powers and duties of the city manager until a city manager is appointed. No member of the city council, including the mayor, shall be appointed acting city manager.
Sec. 4. Section 4 of Article V of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 242, Statutes of Nevada 1963, at page 415, is hereby amended to read as follows:
Section 4. The city attorney shall receive an annual salary the amount of which shall be fixed by the city council by resolution at not less than $15,000 nor more than [$17,500,] $20,000, payable in 12 equal monthly installments. When the city council has fixed the amount of the annual salary of the city attorney by resolution pursuant to this section, such amount may thereafter be increased but not decreased during the term of office of the city attorney.
Sec. 5. Article V of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended, is hereby amended by adding thereto a new section designated section 5 which shall immediately follow section 4 of Article V and shall read as follows:
Section 5. Notwithstanding any other provision of this charter, the council by an affirmative vote of six of the members of the council has the power to employ an attorney or attorneys to perform any of the civil duties of the city attorney. When so employed by the council such attorney or attorneys shall be responsible directly to the council and the city attorney shall have no responsibility or authority concerning the particular subject matter of such employment.
Sec. 6. Section 1 of Article XI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 323, Statutes of Nevada 1961, at page 636, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 149 (CHAPTER 85, SB 156)κ
Section 1. There shall be a city engineer who shall be the chief officer of the city engineering department. He shall have a degree from an accredited engineering college or the equivalent thereof and have had not less than three years practical experience as a civil or municipal engineer next preceding his appointment. The city engineer shall be appointed by the city manager [.] , subject to confirmation by the city council. The city council shall prescribe such salary for the city engineer as it shall deem appropriate.
Sec. 7. Section 9 of Article XIV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 230, Statutes of Nevada 1963, at page 386, is hereby amended to read as follows:
Section 9. The police judge shall receive [a salary of $15,000 per annum, payable in twelve monthly installments.] an annual salary the amount of which shall be fixed by the city council by resolution at not less than $15,000 nor more than $19,000, payable in 12 equal monthly installments.
Sec. 8. Section 7 of Article XVII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and amended by chapter 184, Statutes of Nevada 1915, at page 274, is hereby amended to read as follows:
Section 7. If a vacancy occurs in the office of any elective officer, acting ex officio or otherwise, or in the event any officer acting ex officio as city officer shall refuse to act as ex officio city officer, and in all other cases of vacancy not otherwise provided for, the mayor shall, subject to confirmation by the city council, appoint some person possessing the requisite qualifications to fill such vacancy, and in case the person so nominated is not confirmed by a majority vote of all the members elected, the mayor shall nominate another, and so on until the place is filled.
Sec. 9. Section 2 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 22, Statutes of Nevada 1943, and amended by chapter 148, Statutes of Nevada 1949, at page 313, is hereby amended to read as follows:
Section 2. Said commission shall prepare and adopt rules and regulations to govern the selection and appointment of all employees of the city of Reno within the provisions of this article and such rules and regulations shall be designated to secure the best service for the public. Such rules and regulations shall provide for ascertaining, as far as possible, the physical qualifications, the habits, and the reputation and standing and experience of all applicants for positions, and they may provide for the competitive examination of some or all in such subjects as shall be deemed proper for the purpose of best determining their qualifications for the position sought. Such rules and regulations may provide for the classification of positions in the service and for a special course of inquiry and examination for candidates of each class. Such rules and regulations may further provide for disciplinary, suspension, demotion, and dismissal proceedings and shall further govern promotions and advancements. Such rules and regulations may further classify, in accordance with duties and salaries, all offices and positions within the provisions of this article.
κ1967 Statutes of Nevada, Page 150 (CHAPTER 85, SB 156)κ
the provisions of this article. A copy of all rules and regulations made by the commission and all changes therein shall be filed in the office of the city clerk. The commission shall, by rule, provide for a probationary period of [six] twelve months during which any employee within the provisions of this article may be suspended, removed or otherwise disciplined by the head of the appropriate department, or by the city manager, without hearing or other action by the commission. The commission shall cause the rules and regulations so prepared and adopted, and all changes therein, to be printed and distributed as they shall deem necessary, and the expense thereof shall be certified by the commission, and shall be paid by the city. All selections of persons for employment or appointment or promotion, in any department of the city within the provisions of this article, shall be made in accordance with such rules and regulations. The rules and regulations prepared and adopted by the present members of the Civil Service Commission of Reno, Nevada, appointed pursuant to the provisions of chapter 103, Statutes of Nevada 1947, approved March 26, 1947, shall remain as the rules and regulations of the commission until such time as they shall hereafter be modified or repealed.
Sec. 10. Section 6 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 22, Statutes of Nevada 1943, and last amended by chapter 323, Statutes of Nevada 1961, at page 643, is hereby amended to read as follows:
Section 6. The term of office of the chief of police, chief of the fire department, city engineer, superintendent of parks, superintendent of recreation, chief of the building and safety inspectors office, superintendent of the sanitation department, city comptroller, airport manager, chief license inspector, the employees at the Reno municipal airport, traffic engineer, assistant city manager, director of public works, director of public safety, director of personnel and finance, and director of parks, recreation and public properties shall be during the pleasure of the city [manager.] council. The city council may at any time, by a majority vote of all the members elected, remove any officer or employee herein specified.
Sec. 11. Section 20 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 22, Statutes of Nevada 1943, and last amended by chapter 287, Statutes of Nevada 1957, at page 395, is hereby amended to read as follows:
Section 20. This article shall apply to all employees of the city of Reno except the following: elected officials of the city, the city manager, the assistant city manager, the director of public works, the director of public safety, the director of personnel and finance, the director of parks, recreation and public properties, the secretary of the city manager, the city engineer, the chief of police, the chief of the fire department, the chief deputy in the office of the city clerk, all persons employed in the city health department, in the office of the city attorney, in the office of the civil service commission, the superintendent of parks, the superintendent of recreation, the chief of the building and safety inspectors office, the superintendent of the sanitation department, the city comptroller, the airport manager, the chief license inspector, employees at the Reno municipal airport, the traffic engineer, [and] those temporary employees mentioned in section 8 of this article [;] , and employees in positions of a service or technical nature which are not permanent but whose employment may exceed 6 months in any calendar year; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department or city engineer shall, upon his removal from such office; be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
κ1967 Statutes of Nevada, Page 151 (CHAPTER 85, SB 156)κ
mentioned in section 8 of this article [;] , and employees in positions of a service or technical nature which are not permanent but whose employment may exceed 6 months in any calendar year; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department or city engineer shall, upon his removal from such office; be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
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Assembly Bill No. 96Mr. Ashworth
CHAPTER 86
AN ACT relating to aviation fuel; to amend chapter 590 of NRS, relating to petroleum products and antifreeze, by adding a new section providing for quality specifications for private and commercial aircraft aviation fuel; and to amend NRS 590.070, relating to gasoline specifications, by excepting aviation fuel from the operation of such section.
[Approved March 6, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 590 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any aviation fuel unless such fuel conforms to the specification standards prescribed by regulation of the state sealer of weights and measures. The state sealer of weights and measures may follow the specification standards set forth by the American Society for Testing and Materials.
2. This section does not apply to aviation fuel for use by military aircraft.
Sec. 2. NRS 590.070 is hereby amended to read as follows:
590.070 1. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless the same shall conform to the following specifications:
[1.] (a) It shall be free from water and suspended matter.
[2.] (b) A clean copper strip shall not show more than extremely slight discoloration when submerged in the gasoline for 3 hours, at 122° F., the test being conducted in accordance with the testing procedures approved by the state sealer of weights and measures.
[3.] (c) It shall distill, within the following limits, when tested in accordance with the testing procedures approved by the state sealer of weights and measures, using the low distillation thermometer:
[(a)] (1) When the thermometer reads 167° F., not less than 10 percent shall be evaporated.
κ1967 Statutes of Nevada, Page 152 (CHAPTER 86, AB 96)κ
[(b)] (2) When the thermometer reads 284° F., not less than 50 percent shall be evaporated.
[(c)] (3) When the thermometer reads 392° F., not less than 90 percent shall be evaporated.
[(d)] (4) The end point shall not be higher than 437° F.
[(e)] (5) At least 95 percent shall be recovered as distillate in the receiver from the distillation.
[(f)] (6) The distillation residue shall not exceed 2 percent.
[4.] (d) The sulfur content shall not exceed 0.25 percent.
2. This section does not apply to aviation fuel.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 12Committee on Judiciary
CHAPTER 87
AN ACT to amend chapter 477 of NRS, relating to the state fire marshal; to authorize the state fire marshal to set standards; to provide for the licensing of businesses which manufacture fire prevention equipment; to allow the state fire marshal to establish a library; providing a penalty; and providing other matters properly relating thereto.
[Approved March 6, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 477.030 is hereby amended to read as follows:
477.030 1. The state fire marshal shall enforce all laws and ordinances, and make rules and regulations relating to:
(a) The prevention of fires.
(b) The storage and use of combustibles, flammables, fireworks and explosives.
(c) The construction, maintenance and regulation of fire escapes.
(d) Overseeing the safety of and directing the means and adequacy of exit in case of fire from factories, asylums, institutions, day care facilities, foster homes, nursing homes, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.
Sec. 2. Chapter 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. 1. A license, issued by the state fire marshal, is required for the servicing, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.
κ1967 Statutes of Nevada, Page 153 (CHAPTER 87, SB 12)κ
the servicing, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.
2. Applications for licenses shall be made on a form prescribed by the state fire marshal.
3. The state fire marshal may conduct inspections, examinations or hearings prior to the issuance of licenses.
4. The state fire marshal may charge a reasonable fee, not to exceed $25, for the inspection and issuance of licenses.
5. If any person is denied a license by the state fire marshal, such person is entitled to a hearing, upon request, before the state fire marshals advisory board. Any final determination by the state fire marshals advisory board after a hearing is subject to review by the district court at the instance of any party aggrieved.
Sec. 4. The state fire marshal may:
1. Establish and maintain a library of publications, films and other materials for the benefit of the fire service of the state;
2. Charge a reasonable fee for the use of the materials in the library.
Sec. 5. Any person who knowingly violates the provisions of this chapter or any of the rules or regulations promulgated by the state fire marshal is guilty of a misdemeanor.
Sec. 6. NRS 477.020 is hereby amended to read as follows:
477.020 1. The state fire marshals advisory board is hereby created. The board shall consist of five members appointed by the governor. Persons appointed to the board shall be employed in the fire service within the state.
2. Immediately following July 1, 1965, the governor shall appoint:
(a) Two members of the board for terms of 2 years.
(b) Two members of the board for terms of 3 years.
(c) One member of the board for a term of 4 years.
3. Appointments by the governor made after the initial appointments provided for in subsection 2 shall be for terms of 4 years. Vacancies shall be filled by the governor for the unexpired term.
4. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.
5. The board shall meet on the call of the chairman, the secretary or any three members.
6. The members of the board shall receive no compensation for their services, but shall be entitled to mileage and per diem expenses the same as other state officers.
7. The duties of the board shall be:
(a) To submit the names of qualified persons to the state fire marshal for appointment as deputy state fire marshals.
(b) To make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of fire fighting and fire protection.
(c) To submit names of qualified persons to the governor for appointment as state fire marshal.
(d) To conduct hearings upon the request of any person denied a license under the provisions of section 3 of this act.
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κ1967 Statutes of Nevada, Page 154κ
Senate Bill No. 48Committee on Judiciary
CHAPTER 88
AN ACT to amend NRS 361.157, relating to tax-exempt real estate leased to or used in a business conducted for profit, by limiting the exception with respect to federally owned real property.
[Approved March 6, 1967]
Whereas, Chapter 432, Statutes of Nevada 1965, provides certain exceptions to the rule of taxation, established by section 2 for leased real property; and
Whereas, It was the intention of the legislature in providing such exceptions that they be strictly construed, in accordance with the general principle of law regarding exemptions from taxation; and
Whereas, The particular exceptions provided by paragraph (d) of subsection 1 were meant to apply only to lands made available for grazing by the named federal agencies or by any other federal agency which might hold lands suitable for grazing; and
Whereas, The legislature has since satisfied itself that the inclusion of the words other federal agency for this purpose is not necessary and tends only to obscure the true meaning of the statute; and
Whereas, The legislature now desires to amend the statute more clearly to express its originally intended meaning; now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a private individual, association, partnership or corporation in connection with a business conducted for profit, it shall be subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such real estate. This section does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public; or
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed; or
(c) Property of any state-supported educational institution; or
(d) Property leased or otherwise made available to and used by a private individual, association, corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service [,] or the Bureau of Reclamation of the United States Department of the Interior. [or other federal agency.]
2. Taxes shall be assessed to such lessees or users of real estate and collected in the same manner as taxes assessed to owners of real estate, except that such taxes shall not become a lien against the property. When due, such taxes shall constitute a debt due from the lessee or user to the county for which such taxes were assessed and if unpaid shall be recoverable by the county in the proper court of such county.
κ1967 Statutes of Nevada, Page 155 (CHAPTER 88, SB 48)κ
county for which such taxes were assessed and if unpaid shall be recoverable by the county in the proper court of such county.
________
Assembly Bill No. 263Committee on Ways and Means
CHAPTER 89
AN ACT to amend NRS 333.120, relating to the purchasing division revoking fund, by changing the basis for determining the amount which reverts to the general fund by deducting the accounts payable.
[Approved March 9, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.120 is hereby amended to read as follows:
333.120 1. A working capital and operating fund, consisting of a working capital account and an operating account, in the sum of $700,000 is hereby created for the use of the chief in purchasing supplies, materials and equipment.
2. The working capital account shall consist of:
(a) Cash, in the form of moneys held by the state treasurer;
(b) Inventory in the form of supplies, materials and equipment held by the chief; and
(c) Receivables, due from using agencies for supplies, material and equipment delivered to them.
3. Upon closing the books for each fiscal year, to the extent that the total amount of the working capital and operating fund, less accounts payable, exceeds $700,000, the cash portion of the fund shall revert to the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 259Committee on Ways and Means
CHAPTER 90
AN ACT authorizing and directing the state controller to transfer the sum of $10,000 from the capital improvement account of the division of state parks of the state department of conservation and natural resources to the divisions operating account for expenditure during the fiscal year ending June 30, 1967; and providing other matters properly relating thereto.
[Approved March 9, 1967]
Whereas, By the provisions of section 37 of chapter 489, Statutes of Nevada 1965, there was appropriated from the general fund in the state treasury to the division of state parks of the state department of conservation and natural resources the sum of $85,000 to be expended only for capital improvements as provided in section 49 of this act; and
κ1967 Statutes of Nevada, Page 156 (CHAPTER 90, AB 259)κ
Whereas, The sum of $10,000 was included in the $85,000 appropriation in expected federal subventions which were not received, resulting in a deficiency of $10,000 in the divisions operating budget for the fiscal year 1966-1967; and
Whereas, In order to facilitate improved accounting, the divisions capital improvement budget has been placed in a separate account and the sum of $10,000 is held in reserve in that account; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. The state controller is authorized and directed, upon the effective date of this act, to transfer the sum of $10,000 from the capital improvement account of the division of state parks of the state department of conservation and natural resources to the divisions operating account.
2. Upon the directed transfer being made as provided in subsection 1, the division of state parks of the state department of conservation and natural resources is authorized to expend the moneys so transferred for its operating expenses during the fiscal year ending June 30, 1967.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 261Committee on Ways and Means
CHAPTER 91
AN ACT making an appropriation from the general fund in the state treasury for the support of the governors office; and providing other matters properly relating thereto.
[Approved March 9, 1967]
Whereas, Certain bills from the Xerox Corporation totaling $510.80 for materials furnished the governors office during the fiscal year 1964-1965 were inadvertently not paid; and
Whereas, Because of the age of the bills they cannot be paid from moneys now available to the governors office; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $510.80 for the support of the office of the governor to be expended for payment of bills totaling $510.80 due the Xerox Corporation for materials heretofore furnished to the office of the governor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 157κ
Assembly Bill No. 63Committee on Agriculture, Irrigation and Livestock
CHAPTER 92
AN ACT relating to the state board of sheep commissioners; to conform their per diem and travel allowances to those of other state officials; to extend the time of their biennial report; to reduce the information required from county assessors and treasurers; to base the limit of expenditures for sheep promotion on tax assessment rather than collection; and providing other matters properly relating thereto.
[Approved March 9, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 562.090 is hereby amended to read as follows:
562.090 1. Each member of the board shall receive:
(a) For his services $500 per year or a lesser amount if and as determined by a majority of the board.
(b) [Actual transportation expenses while in the discharge of his duties.] The traveling expenses and subsistence allowances provided by NRS 281.160.
2. Salaries and compensation shall be paid from the state treasury in the same manner as the salaries of state officers.
Sec. 2. NRS 562.150 is hereby amended to read as follows:
562.150 The board shall render a report of its activities in writing to the governor on or before [August 1, 1946,] October 31, 1968, and each 2 years thereafter.
Sec. 3. NRS 562.180 is hereby amended to read as follows:
562.180 [1.] Each county assessor must, on or before the 1st Monday in March of each year, prepare from the assessment records of such year, as corrected by the board of county commissioners, and send to the state board of sheep commissioners, a statement showing the total number [and value] of all sheep assessed and the names and addresses of the individual owners of the same in the county concerned for the current tax year.
[2. Each county treasurer must notify the state board of sheep commissioners at the time of forwarding of all moneys by him to the state treasurer for placing in the sheep inspection fund, including a final report at the time final settlement is made each year concerning such funds with the state controller.]
Sec. 4. NRS 562.210 is hereby amended to read as follows:
562.210 1. The board shall have power to do all things it may consider necessary to encourage, promote, advance and protect the sheep interests of the state, and may, directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such proposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes, not to exceed the equivalent of 2 cents of the levy [collected] assessed pursuant to NRS 562.170.
2. The board shall be the sole and exclusive judges of the expenditures of all sums directly or by the payment to any association, club or other organization as herein provided.
Sec. 5. This act shall become effective upon passage and approval.
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κ1967 Statutes of Nevada, Page 158κ
Assembly Bill No. 264Committee on Ways and Means
CHAPTER 93
AN ACT to amend NRS 349.110, relating to the consolidated bond interest and redemption fund, by providing that bank service charges may be paid from that fund.
[Approved March 9, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 349.110 is hereby amended to read as follows:
349.110 After March 28, 1939, so long as there shall be any outstanding bonds in the name of the State of Nevada, the state treasurer shall make payment for redemption of such bonds, [and] the interest thereon and any bank service charges from the consolidated bond interest and redemption fund.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 266Committee on Ways and Means
CHAPTER 94
AN ACT to amend chapter 353 of NRS, relating to state financial administration, by adding a new section creating the insurance premium revolving fund; providing for payments into and disbursements from such fund; and providing other matters properly relating thereto.
[Approved March 9, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created in the state treasury an insurance premium revolving fund to be maintained for the use of the budget division of the department of administration.
2. Each state agency shall deposit in the insurance premium revolving fund an amount equal to its respective insurance premium, as determined by the budget division.
3. Expenditures from the insurance premium revolving fund shall be made by the budget division of the department of administration to the insurer for premiums of state agencies as they fall due.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 159κ
Assembly Bill No. 66Committee on Agriculture, Irrigation and Livestock
CHAPTER 95
AN ACT relating to weather modification; to eliminate the requirement of proof of financial responsibility for damages caused by precipitation resulting from weather modification activities; and to correct an ungrammatical expression.
[Approved March 9, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 544.130 is hereby amended to read as follows:
544.130 The director, to the extent he deems practical, shall provide by regulation for exempting from the license, permit and liability requirements of NRS 544.070 to 544.240, inclusive:
1. Research and development and experiments by state and federal agencies, institutions of higher learning and bona fide nonprofit research organizations.
2. Laboratory research and experiments.
3. Activities [of an emergent character] required in emergencies for protection against fire, frost, sleet or fog.
4. Activities normally engaged in for purposes other than those of inducing, increasing, decreasing or preventing precipitation or hail.
Sec. 2. NRS 544.190 is hereby amended to read as follows:
544.190 Proof of financial responsibility may be furnished by an applicant by his showing, to the satisfaction of the director, his ability to respond in damages for liability which might reasonably be attached to or result from his weather modification and control activities in connection with the operation for which he seeks a permit [.] ; but the applicant need not show ability to respond in damages for liability resulting from precipitation caused by weather modification experiments.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 161Committee on Transportation
CHAPTER 96
AN ACT relating to the County Motor Vehicle Fuel Tax Law; to require regional street and highway commissions in counties with populations of less than 25,000 to submit certain reports and plans to the Nevada tax commission and the state highway engineer; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction projects in the county which are proposed to be financed from the county motor vehicle fuel tax shall be first submitted to the regional street and highway commission.
κ1967 Statutes of Nevada, Page 160 (CHAPTER 96, SB 161)κ
2. Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed construction to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The funds available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130.
If the board authorizes the project the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project shall be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.
3. Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:
(a) Its relation to the streets and highways plan;
(b) The relation of the proposed construction to other projects constructed or authorized;
(c) The relative need for the proposed construction in relation to others proposed by the same city or town; and
(d) The availability of funds.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
4. In counties having a population of less than 25,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall:
(a) Certify the adoption of the plan;
(b) Submit a copy of the plan to the Nevada tax commission; and
(c) Certify its compliance with subsections 2 and 3 in the adoption of the plan.
Sec. 2. Chapter 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. In counties having a population of less than 25,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall submit an annual report for the fiscal year showing the amount of receipts from the county motor vehicle fuel tax and the nature of the expenditures for each project.
κ1967 Statutes of Nevada, Page 161 (CHAPTER 96, SB 161)κ
Sec. 4. In counties having a population of less than 25,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall, before commencement of the work on any project, submit specifications and plans of such project to the state highway engineer for review. The commission is not required to follow any suggestion made by the state highway engineer.
Sec. 5. NRS 408.200 is hereby amended to read as follows:
408.200 1. The engineer shall investigate and determine the methods of highway construction best adapted to the various sections of the state, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of roadbuilding materials.
2. The engineer is authorized to construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.
3. The engineer may be consulted by county officials, including members of regional street and highway commissions, having authority over streets and highways within their respective counties relative to any question involving such streets and highways; and the engineer may, in like manner, obtain from such county officials all such information or assistance as they may render in the performance of his duties with their county, and such county officials shall supply such information when requested by the engineer.
Sec. 6. This act shall become effective upon passage and approval.
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Senate Bill No. 84Committee on Finance
CHAPTER 97
AN ACT making supplemental and other appropriations from the state highway fund and the general fund in the state treasury for various purposes; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the state highway fund in the state treasury the sum of $30,000 for the support of the department of motor vehicles.
Sec. 2. 1. For the fiscal year ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury:
(a) The sum of $5,000 for the special fund of the attorney general as an additional and supplemental appropriation to that allowed and made by section 5 of chapter 489, Statutes of Nevada 1965.
(b) The sum of $17,241 for judges salaries and pensions as an additional and supplemental appropriation to that allowed and made by section 7 of chapter 489, Statutes of Nevada 1965.
κ1967 Statutes of Nevada, Page 162 (CHAPTER 97, SB 84)κ
(c) The sum of $1,200 for district judges travel as an additional and supplemental appropriation to that allowed and made by section 8 of chapter 489, Statutes of Nevada 1965.
(d) The sum of $9,330 for the support of the adjutant general and the Nevada National Guard as an additional and supplemental appropriation to that allowed and made by section 31 of chapter 489, Statutes of Nevada 1965.
(e) The sum of $16,121 for the support of the state department of conservation and natural resources as an additional and supplemental appropriation to that allowed and made by section 37 of chapter 489, Statutes of Nevada 1965.
2. After June 30, 1967, unexpended balances of the appropriations made by subsection 1 of this section shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1967.
Sec. 3. There is hereby apportioned from the general fund in the state treasury:
1. The sum of $14,000 for the support of the Nevada state hospital of the mental hygiene division of the department of health and welfare.
2. The sum of $20,000 to the travel revolving fund created by NRS 281.171.
3. The sum of $35,500 for the support of the state motor pool.
4. The sum of $12,250 to the mail service working capital fund and the central telephone working capital fund.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 88Committee on Federal, State and Local Governments
CHAPTER 98
AN ACT relating to the state printing office; fixing the maximum amount of the state printing fund; requiring the superintendent of state printing to establish a double-entry accounting system for printing costs; removing the restrictions on the number of annual reports to be printed by the superintendent of state printing; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 344.090 is hereby amended to read as follows:
344.090 1. There is hereby created in the state treasury a fund to be known as the state printing fund.
2. The state printing fund shall consist of the funds appropriated to carry out the provisions of this chapter, and all moneys received in the state printing fund from any source whatever in payment of all printing and binding done in the state printing office.
3. All expenses for the support of the state printing office, including the salary of the superintendent of state printing, shall be paid from the state printing fund.
κ1967 Statutes of Nevada, Page 163 (CHAPTER 98, SB 88)κ
4. At the end of each fiscal year, the superintendent of state printing shall report to the state treasurer:
(a) The value of the inventory of supplies and materials held by the superintendent;
(b) The amount receivable for work performed; and
(c) The amount payable for supplies, materials or equipment received or on order.
To the extent that the sum of the cash balance of the state printing fund plus the value of inventory and amount receivable, minus the amount payable, exceeds $125,000, the cash balance of the state printing fund shall revert to the general fund.
Sec. 2. NRS 344.110 is hereby amended to read as follows:
344.110 1. The superintendent of state printing shall determine the charge to be made for all printing and binding, and shall fix a price from time to time that will cover all costs of material and doing the work. [, not taking into consideration the cost of the plant of the state printing office.] For this purpose, he shall establish and maintain a double-entry cost system, showing at least:
(a) Direct labor costs;
(b) Direct material costs; and
(c) Overhead.
2. The superintendent of state printing shall render bills for each item of printing and binding or other charge against the officer or institution ordering the same. The bills shall be audited by the state board of examiners and paid out of the appropriation or fund of the officer or institution chargeable with the same on warrants drawn by the state controller.
Sec. 3. NRS 344.120 is hereby amended to read as follows:
344.120 [The] At the end of each month the superintendent of state printing shall [render monthly reports to the state controller of] pay all moneys received under the provisions of this chapter [, and he shall pay the same] into the state treasury to the credit of the state printing fund.
Sec. 4. NRS 344.140 is hereby amended to read as follows:
344.140 [1.] All officers, boards, commissioners, trustees, superintendents, regents and directors required by law to make reports to the governor or to the legislature, except the state controller, the state treasurer, the Nevada tax commission, the commissioner of insurance, the board of control of the agricultural experiment station, and the [board of commissioners for the promotion of uniformity of legislation in the United States,] commissioners on uniform state laws, shall send the original drafts of their reports to the [governor on or before August 1, 1954, and in every second year thereafter.
2. Upon receipt of the reports the governor shall submit the same to the] superintendent of state printing, who shall order such a number of each of the reports, or part or parts of each of the reports, printed as in his judgment will meet the requirements of law. [In no case shall less than 50 copies nor more than 1,500 copies be printed.] The superintendent of state printing shall especially see that no matter be printed in more than one report, unless of great public interest.
________
κ1967 Statutes of Nevada, Page 164κ
Senate Bill No. 114Senator Fransway
CHAPTER 99
AN ACT to amend NRS 502.110, relating to hunting and fishing licenses, by reducing the fee for replacement of lost or destroyed licenses.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.110 is hereby amended to read as follows:
502.110 Not more than one license of each class shall be issued to any one person during each license period, except upon an affidavit by the applicant that the license issued has been lost or destroyed and upon payment of a [license fee in an amount equal to the license fee provided by law for initial issuance of such license.] fee of $1.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 137Misses Dungan and Foote
CHAPTER 100
AN ACT to provide for an oil portrait of Grant Sawyer, former governor of the State of Nevada; to create a fund and to provide an appropriation therefor.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created a fund to be known as the Grant Sawyer portrait fund.
Sec. 2. There is hereby appropriated to the Grant Sawyer portrait fund from the general fund in the state treasury the sum of $5,000.
Sec. 3. The legislative commission is hereby authorized to enter into a contract with an artist for the purpose of procuring a portrait of Grant Sawyer, former governor of the State of Nevada.
Sec. 4. The portrait shall be painted in oil colors and appropriately framed. The painting and framing shall be done in the same manner, style and size as other portraits of former governors of the State of Nevada now being displayed in the Capitol corridor.
Sec. 5. The contract price shall not exceed $5,000, and shall include the cost of the portrait and the frame.
Sec. 6. The portrait and frame shall be subject to the approval of former Governor Grant Sawyer.
Sec. 7. Upon delivery of the approved framed portrait to the secretary of state and its acceptance by the legislative commission, the state controller shall draw his warrant in an amount equal to the contract price, and the state treasurer shall pay such warrant from the Grant Sawyer portrait fund.
κ1967 Statutes of Nevada, Page 165 (CHAPTER 100, AB 137)κ
Sawyer portrait fund. Any balance remaining in the Grant Sawyer portrait fund shall immediately revert to the general fund in the state treasury.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 120Senator Farr
CHAPTER 101
AN ACT to amend NRS 334.010 and 482.365, relating to state-owned vehicles, by excluding vehicles used by the state fire marshal from the operation of such sections.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in subsection 2, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $3,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
4. All such automobiles shall be used for official purposes only.
5. All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal and investigators of the state gaming control board, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 8 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.
κ1967 Statutes of Nevada, Page 166 (CHAPTER 101, SB 120)κ
6. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
Sec. 2. NRS 482.365 is hereby amended to read as follows:
482.365 1. The department shall provide suitable distinguishing plates, to be issued once every 5 years, except as provided in subsection 2, for vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal and investigators of the state gaming control board, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center shall not bear any distinguishing mark which would serve to identify such automobiles as state-owned vehicles. Notwithstanding the provisions of subsection 1, such license plates shall be issued annually.
3. Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling such vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal and investigators of the state gaming control board, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center.
________
κ1967 Statutes of Nevada, Page 167κ
Senate Bill No. 212Committee on Finance
CHAPTER 102
AN ACT relating to budget review by the fiscal analyst; requiring estimates of expenditure requirements by state agencies to be submitted directly to the fiscal analyst; directing that copies of allotments with respect to work programs be transmitted to the fiscal analyst; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 chief, and submit to the chief 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. The chief shall direct that one copy of the completed forms be delivered directly to the fiscal analyst on or before September 1 of each even-numbered 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 chief. 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 chief 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 chief, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
[4. On or before October 1 of each even-numbered year, the chief shall deliver copies of the expenditure estimates to the fiscal analyst, together with such other information as required by subsection 1.]
Sec. 2. NRS 353.215 is hereby amended to read as follows:
353.215 1. Not later than June 1 of each year the governor shall require the head of each department, institution and agency of the executive department of the state government to submit to him through the chief a work program for the ensuing fiscal year. Such program shall:
κ1967 Statutes of Nevada, Page 168 (CHAPTER 102, SB 212)κ
(a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.
(b) Show the requested allotments of appropriations or other funds by quarters for the entire fiscal year.
2. The governor, with the assistance of the chief, shall review the requested allotments with respect to the work program of each department, institution or agency, and the governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.
3. The chief shall transmit a copy of the allotments as approved by the governor to the head of the department, institution or agency concerned, to the state treasurer, [and to the state controller.] to the state controller and to the fiscal analyst.
4. All expenditures to be made from the appropriations or other funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the chief may require.
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Senate Bill No. 139Senator Pozzi
CHAPTER 103
AN ACT to repeal NRS 361.120, relating to property tax exemptions for Carson-Tahoe Hospital Association.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.120 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 90Committee on Education
CHAPTER 104
AN ACT relating to the selection of textbooks for use in the public schools; to provide for more modern procedures and greater flexibility in the selection of textbooks; to provide for selection of the state textbook commission; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 390 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:
κ1967 Statutes of Nevada, Page 169 (CHAPTER 104, AB 90)κ
1. Basic textbook or textbook means any medium or manual of instruction containing a presentation of the principles of a subject and used as a basis of instruction.
2. Commission means the state textbook commission.
3. Supplemental textbook means any medium or material used to reinforce or extend a basic program of instruction.
4. A basic or supplemental textbook becomes unserviceable when 4 years have elapsed since its removal from the adopted list.
Sec. 2. NRS 390.010 is hereby amended to read as follows:
390.010 There is in the state department of education a state textbook commission, consisting of: [the members of the state board of education and six additional persons appointed by the governor, one from each of the educational supervision districts of the state.]
1. The superintendent of public instruction or his delegated representative;
2. One person, appointed by the governor, from each of the educational supervision districts of the state; and
3. One additional member, appointed by the governor, from each educational supervision district having a public school pupil population greater than 25,000.
Sec. 3. NRS 390.020 is hereby amended to read as follows:
390.020 [The appointive members of the state textbook commission shall be persons actively engaged in school work.] The members of the commission appointed by the governor shall be persons certified by the state department of education as having been actively engaged in school teaching or administration in a school district of this state for at least 4 years prior to their appointment.
Sec. 4. NRS 390.030 is hereby amended to read as follows:
390.030 1. [The five members of the state textbook commission appointed by the governor prior to March 2, 1956, together with one new member to be appointed by the governor within 30 days after March 2, 1956, shall constitute the appointive members of the state textbook commission until February 1, 1959.
2. On or before January 15, 1959, and every 4 years thereafter, the governor shall appoint six members of the state textbook commission, who will hold office for 4 years from and after February 1 succeeding their appointment.] The members of the commission appointed by the governor shall serve terms of 4 years from the time of their appointment except for the initial commission, which shall be appointed as soon as possible after the effective date of this act to serve as follows:
(a) One member of the commission from each of the odd-numbered educational supervision districts to serve until January 15, 1969.
(b) One member of the commission from each of the even-numbered educational supervision districts to serve until January 15, 1971.
(c) One additional member from each odd-numbered educational supervision district having a public school pupil population greater than 25,000 to serve until January 15, 1971, and one additional member from each even-numbered educational supervision district having a public school pupil population greater than 25,000 to serve until January 15, 1969.
2. When an educational supervision district attains a public school pupil population of 25,000 after the effective date of this act, the governor shall appoint a representative of such district to the commission on January 15 of the year following the attainment of the required population.
κ1967 Statutes of Nevada, Page 170 (CHAPTER 104, AB 90)κ
pupil population of 25,000 after the effective date of this act, the governor shall appoint a representative of such district to the commission on January 15 of the year following the attainment of the required population.
Sec. 5. NRS 390.040 is hereby amended to read as follows:
390.040 Before entering upon the duties of his office, an appointive member of the [state textbook] commission shall take the constitutional oath of office and file the same in the office of the secretary of state.
Sec. 6. NRS 390.060 is hereby amended to read as follows:
390.060 1. The [state textbook] commission shall elect one of its members as president of the commission, [to serve at the pleasure of the commission.
2. The superintendent of public instruction shall be ex officio secretary of the state textbook commission.] to serve a 2-year term.
2. The state board of education may employ a textbook consultant, who may serve as secretary to the commission. The state board of education shall define his other duties.
Sec. 7. NRS 390.070 is hereby amended to read as follows:
390.070 The [state textbook] commission shall adopt rules of procedure concerning all aspects of internal organization and textbook selection not inconsistent with the provisions of this chapter. The rules of procedure shall be in writing and shall be approved by the state board of education before becoming effective.
Sec. 8. NRS 390.090 is hereby amended to read as follows:
390.090 1. The [state textbook] commission shall [hold regular meetings to adopt textbooks in the office of the superintendent of public instruction in Carson City, Nevada, not later than the 3rd Tuesday in March 1956, and not later than the 3rd Tuesday in March every year thereafter, unless an earlier date is requested by a majority of the members. The secretary shall give written notice of the meetings.] provide in its rules of procedure for the times and places of holding its regular meetings.
2. At the request or with the consent of [five] a majority of the members, the secretary may call a special meeting whenever there is important business to justify the call. [The written call given by the secretary shall state definitely the purpose of the meeting.]
3. All meetings of the [state textbook] commission shall be public. The secretary shall keep a full and correct record of all proceedings, which record shall be open to public inspection.
4. [The state textbook commission shall not be in session more than 20 days in any 1 year.] Minutes of the meetings shall be prepared and distributed to members of the commission and to each county school superintendent.
Sec. 9. NRS 390.110 is hereby amended to read as follows:
390.110 1. The members of the [state textbook] commission shall receive actual and necessary per diem and travel expenses as authorized by law when engaged in transacting the business of the state textbook commission.
2. Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund.
κ1967 Statutes of Nevada, Page 171 (CHAPTER 104, AB 90)κ
3. Claims for expenses shall be allowed and paid as other claims against the state are paid.
Sec. 10. NRS 390.140 is hereby amended to read as follows:
390.140 1. The [state textbook] commission shall [:
(a) Meet at the time and place mentioned in the notice.
(b) Open all sealed proposals publicly in the presence of a quorum of the commission.
(c) Select and adopt textbooks for use in the public schools.
(d) Approve such supplemental books as in the opinion of the commission will best serve the educational interests of the state.
2. The state textbook commission may reject any and all proposals, if it be deemed by the commission to be in the interest of the state so to do, and call for new proposals, stating the time when such new proposals shall be opened, which time shall not be later than 30 days from the rejection of the previous proposals.] select textbooks to be recommended for adoption to the state board of education.
2. The state board of education shall make the final selection of all textbooks to be used in the public schools in this state.
Sec. 11. NRS 390.160 is hereby amended to read as follows:
390.160 1. The [state textbook] commission shall have power to make such contracts for the purchase and use of textbooks in the name of the state as the commission shall deem necessary for the interests of the public schools.
2. Contracts shall:
(a) Set forth the introductory, exchange and retail price of each textbook, [which prices shall not be less favorable than those at which such books are sold in any other state.
(b) Provide that the state or any school district may purchase its books direct from the publishers of the same.
3. If payment for such books is delayed more than 60 days after delivery, the account shall draw interest at the rate of 6 percent per annum from the date of delivery until paid.] which price shall not exceed the lowest price the publisher has charged for the same textbook anywhere in the continental United States for similar quantities exclusive of shipping costs.
(b) Guarantee that there is no subversive or sectarian doctrine, as determined by the laws of Nevada and the United States, in any of the textbooks covered by the contract.
Sec. 12. NRS 390.220 is hereby amended to read as follows:
390.220 Boards of trustees of school districts in this state shall enforce in schools the use of textbooks prescribed and adopted by the [proper authority.] state board of education.
Sec. 13. NRS 390.230 is hereby amended to read as follows:
390.230 1. The textbooks adopted by the state [textbook commission] board of education shall be used in [every public school] the public schools in the state [in the grades for which they are adopted,] and no other books shall be used as basic textbooks. [in such grades.]
2. This section shall not be interpreted in such a manner as to prohibit:
(a) The continued use of such textbooks previously approved until they become unserviceable.
κ1967 Statutes of Nevada, Page 172 (CHAPTER 104, AB 90)κ
(b) The use of supplemental [books] textbooks purchased by a school district with the approval of the superintendent of public instruction.
(c) After approval by the [state textbook] commission, the temporary use [for tryout purposes of textbooks submitted by textbook publishers for state adoption.] of textbooks for tryout purposes.
3. Any school officer or teacher who shall violate the provisions of this chapter [by requiring pupils to use textbooks other than those adopted by the state textbook commission or other approved textbooks, or by permitting the use of such other books as textbooks,] or not follow the rules and regulations of the commission, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $100.
4. All superintendents, principals, teachers and school officers are charged with the execution of this section. [, and the superintendent of public instruction shall require the teachers of the several school districts or the principals of the schools thereof to report annually as to the textbooks used in their schools.]
Sec. 14. NRS 390.100, 390.120, 390.130, 390.150 and 390.170 to 390.210, inclusive, are hereby repealed.
Sec. 15. The terms of the incumbent members of the state textbook commission shall expire on the effective date of this act.
Sec. 16. This act shall become effective upon passage and approval.
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Senate Bill No. 123Committee on Federal, State and Local Governments
CHAPTER 105
AN ACT to amend NRS 218.220, relating to legislators expenses, by removing the restrictions on per diem expense allowances, increasing supplemental travel allowances and authorizing telephone allowances; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS 281.160 or any other law, the per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session of the legislature, each senator and assemblyman shall receive the travel expenses and per diem expense allowance provided for in NRS 281.160.
κ1967 Statutes of Nevada, Page 173 (CHAPTER 105, SB 123)κ
3. In addition to the travel expenses authorized by subsection 2, each senator and assemblyman shall be entitled to receive not to exceed the total sum of [$350] $700 as a supplemental travel allowance for traveling to and from his home or temporary residence during each regular session of the legislature and not to exceed the total sum of [$125] $250 as a supplemental travel allowance for traveling to and from his home or temporary residence during each special session of the legislature.
4. Each senator and assemblyman shall be allowed [:
(a) For the first 60 days that the legislature is in regular session a per diem expense allowance of $25 per day.
(b) For the 61st and subsequent days that the legislature is in regular session a per diem expense allowance of $15 per day.
(c) For the first 20 days that the legislature is in special session a per diem expense allowance of $25 per day.
(d) For the 21st and subsequent days that the legislature is in special session a per diem expense allowance of $15 per day.
5.] for each day that the legislature is in regular or special session a per diem allowance of $25 per day.
5. Each senator and assemblyman shall be entitled to receive not to exceed the total sum of $250 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $100 during each special session of the legislature.
6. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session.
Sec. 2. On the effective date of this act, each senator and assemblyman of the 54th session of the legislature shall be entitled to receive:
1. Not to exceed the total sum of $700 to be paid from the legislative fund as a supplemental travel allowance pursuant to the provisions of subsection 3 of NRS 218.220 as amended by this act less any amount of money paid to him between January 16, 1967, and the effective date of this act pursuant to the provisions of subsection 3 of NRS 218.220 as that subsection read prior to its amendment by this act.
2. Not to exceed the total sum of $250 to be paid from the legislative fund as a telephone allowance pursuant to the provisions of subsection 5 of NRS 218.220 as added by this act for the payment of tolls and charges incurred by him in the performance of official business between January 16, 1967, and adjournment sine die.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 174κ
Assembly Bill No. 186Committee on Education
CHAPTER 106
AN ACT to amend NRS 393.325, relating to leases of public school buildings, by authorizing the inclusion of additional provisions in such leases.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 393.325 is hereby amended to read as follows:
393.325 1. Notwithstanding any of the provisions of NRS 393.220 to 393.320, inclusive, the board of trustees shall have the power to lease any school building not in use at a nominal rental for community center purposes.
2. The following conditions shall apply:
(a) The lease must be made with a nonprofit association properly and regularly formed and maintained by residents of a particular community or area within the school district desiring to utilize an available school building as a community center.
(b) Any school building so leased must be used for community center purposes only, and may not be used for private gain.
(c) The lease shall provide for cancellation of the lease and a return of the school building to the possession of the school district, upon 30 days written notice and demand, should the board of trustees find it desirable again to operate a school within the building or should the building cease to be used for community center purposes.
3. The lease may contain such further provisions as the board of trustees deems appropriate, including but not restricted to a provision for the cancellation of the lease and return of the building under such other conditions and upon such terms as may be agreed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 136Committee on Judiciary
CHAPTER 107
AN ACT to amend NRS 361.635 and 361.650, relating to the commencement of actions to recover delinquent property taxes, by specifying the minimum amount necessary for commencement of actions; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.635 is hereby amended to read as follows:
361.635 1. Within 3 days after making the delinquent list in March of each year, the county treasurer shall make out and deliver to the district attorney of his county a list [duly certified to by him of all delinquencies to be collected by suit, charging him therewith, and unless the delinquent taxes therein specified, together with penalties and costs, are paid to the county treasurer as ex officio tax receiver within 20 days, action will be commenced by the district attorney for the collection of the taxes, penalties and costs.]
κ1967 Statutes of Nevada, Page 175 (CHAPTER 107, AB 136)κ
delinquent taxes therein specified, together with penalties and costs, are paid to the county treasurer as ex officio tax receiver within 20 days, action will be commenced by the district attorney for the collection of the taxes, penalties and costs.] certified to by him of all delinquent taxes, exclusive of penalties and assessments of benefits of irrigation districts, of the sum of $3,000 or more, charging him therewith.
2. If the delinquent taxes specified in the certified list and penalties and costs are not paid to the county treasurer as ex officio tax receiver within 20 days from the date of delivery of the certified list to the district attorney, the district attorney may, and shall when directed by the board of county commissioners, immediately commence an action for the collection of the delinquent taxes, penalties and costs.
Sec. 2. NRS 361.650 is hereby amended to read as follows:
361.650 1. [The district attorneys of the several counties are authorized and directed, immediately after the time specified in NRS 361.635, to commence action in the name of the State of Nevada against the person or persons so delinquent, and against all owners, known or unknown, to recover such delinquent taxes in all cases where suit is required.] Actions authorized by NRS 361.635 shall be commenced in the name of the State of Nevada against the person or persons so delinquent, and against all owners, known or unknown.
2. Such actions may be commenced in the county where the assessment is made, before any court in the county having jurisdiction of the amount thereof, and such jurisdiction shall be determined solely by the amount of delinquent taxes, exclusive of [poll taxes and penalties] penalties and costs sued for, without regard to the location of the lands or other property as to townships, cities or districts, and without regard to the residence of the person or persons, or owner or owners, known or unknown.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 58Committee on State, County and City Affairs
CHAPTER 108
AN ACT to amend NRS 365.210, relating to the imposition of excise, privilege and occupation taxes by political subdivisions of the state, by rearranging its provisions to achieve greater clarity.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.210 is hereby amended to read as follows:
365.210 [1. Except as provided in chapter 373 of NRS, the taxes imposed by this chapter are in lieu of any excise, privilege or occupation tax upon the business of manufacturing, selling or distributing motor vehicle fuel.
κ1967 Statutes of Nevada, Page 176 (CHAPTER 108, AB 58)κ
2.] No county, city or other political subdivision or municipal corporation shall levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel or any other inflammable or combustible liquids [; but nothing contained herein shall be deemed to apply to any motor vehicle fuel taxation in effect on June 1, 1935, in any city or town in this state.] except:
1. The county motor vehicle fuel tax authorized by chapter 373 of NRS.
2. Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 153Senator Bailey
CHAPTER 109
AN ACT to repeal chapter 230 of NRS, relating to the Nevada state police; transferring certain functions of the ex officio superintendent of Nevada state police to the chief officer of the Nevada highway patrol; transferring moneys remaining in the Nevada state police private detective agency contingent fund to the private detective agency contingent fund; and providing other matters properly relating thereto.
[Approved March 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 230 of NRS and NRS 616.080 are hereby repealed.
Sec. 2. 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 181.150 and 481.180, the inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049, special investigators employed by the office of any district attorney or the attorney general, marshals and policemen of cities and towns, respectively, arson investigators for fire departments specially designated by the appointing authority, and members of the University of Nevada police department.
Sec. 3. NRS 205.230 is hereby amended to read as follows:
205.230 1. All state, county, city and township peace and law enforcement officials, including sheriffs, their deputies, constables, their deputies [,] and fish and game wardens, [and Nevada state police,] are empowered and directed to pursue, apprehend and arrest whenever or wherever, irrespective of county boundaries within the state, any person who shall feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny or any one or more head of cattle or horses, or any sheep, goat, hog, poultry, shoat or pig not his own property but the property of another.
κ1967 Statutes of Nevada, Page 177 (CHAPTER 109, SB 153)κ
hog, poultry, shoat or pig not his own property but the property of another.
2. Upon apprehension and arrest of any person in violation of NRS 205.225, the arresting officer or officers shall forthwith take the person before the nearest or most accessible magistrate without unnecessary delay, to be there dealt with according to law.
Sec. 4. NRS 412.055 is hereby amended to read as follows:
412.055 Nothing in NRS 412.050 shall authorize or permit the National Guard of Nevada to be called into active service by the commander in chief in the event of disturbances arising from any labor trouble, strike or lockout within this state. [, but public peace shall be preserved by the Nevada state police.]
Sec. 5. NRS 481.150 is hereby amended to read as follows:
481.150 1. The director shall [:
(a) Be] be the chief officer of the Nevada highway patrol and shall have and exercise all of the powers and duties provided in NRS 481.180, which powers and duties shall be performed under the direction and supervision of the director of the department of motor vehicles.
[(b) Be ex officio superintendent of the Nevada state police, but shall receive no salary or compensation for such services as ex officio superintendent of the Nevada state police.]
2. When requested by the governor to preserve order, protect life or property, and enforce the laws of this state, the director may use such number of Nevada highway patrol personnel as may be necessary for such purpose. When so acting, such personnel shall have and exercise general police powers. Their salaries and expenses incidental to such operations shall be paid out of appropriations for the department of motor vehicles from the general fund.
Sec. 6. NRS 501.355 is hereby amended to read as follows:
501.355 1. A member of the commission, [a member of the Nevada state police, and] every fish or game warden throughout the state, and every sheriff and constable in his respective county [,] is authorized and required to enforce this Title and to seize any game or fish taken or held in possession in violation of this Title.
2. Such officer shall have full power and authority:
(a) With or without a warrant, to open, enter or examine all camps, wagons, cars, automobiles, stages, tents, packs, warehouses, stores, out-houses, stables, barns and other places, boxes, barrels, baskets and packages where he has reason to believe any fish or game taken or held in violation of any of the provisions of this Title is or are to be found, and to seize the same.
(b) To seize and hold for evidence only any fish or game so found and any guns, ammunition, traps, snares, tackle and other illegal devices or equipment, when it appears that a violation of this Title has occurred.
3. A dwelling house actually occupied can be entered for examination only in pursuance of a warrant.
Sec. 7. NRS 505.090 is hereby amended to read as follows:
505.090 1. Every fur dealer shall keep a book in which shall be recorded separately the date of each transaction and the following facts:
(a) The number and kinds of all skins and pelts purchased or sold by such fur dealer.
κ1967 Statutes of Nevada, Page 178 (CHAPTER 109, SB 153)κ
(b) The place where such skins or furs were killed or trapped, and a separate record of all such skins or pelts as were killed or trapped outside the State of Nevada.
(c) The trapping license number under which such furs or pelts were taken in instances where a trappers license is required for the taking thereof.
(d) The names and addresses of the persons to whom such skins or pelts were sold or from whom they were purchased.
2. The book shall be open at all reasonable times to the inspection of any member of the state board of fish and game commissioners, [members of the Nevada state police,] every fish and game warden throughout the state, and every sheriff and constable in his respective county. The book shall be preserved and accessible for 1 year after the expiration of any license granted to the fur dealer.
Sec. 8. NRS 554.140 is hereby amended to read as follows:
554.140 1. The state quarantine officer shall be responsible for carrying out the provisions of NRS 554.100 to 554.240, inclusive.
2. The [Nevada state police, the] sheriff and all peace officers of any county, when called upon by the state quarantine officer, shall aid and assist him in the enforcement of quarantine and in the arrest of any person accused of violating the same. The district attorney of any county in which any person is charged with a misdemeanor under NRS 554.100 to 554.240, inclusive, shall prosecute the same.
Sec. 9. NRS 646.030 is hereby amended to read as follows:
646.030 1. Every pawnbroker doing business in any unincorporated town shall, before 12 m. of each day, furnish in duplicate to the sheriff of the county a full, true and correct transcript of the record of all transactions had on the preceding day.
2. Every pawnbroker doing business in any incorporated city shall, before 12 m. on each day, furnish in duplicate to the chief of police thereof, a full, true and correct transcript of the record of all transactions had on the preceding day.
3. Every pawnbroker doing business in an unincorporated town or in an incorporated city having good cause to believe that any property in his possession has been previously lost or stolen shall forthwith report such fact to the sheriff or chief of police, respectively, together with the name of the owner if known, and the date when, and the name of the person from whom, the same was received by him. [On receipt of the report provided for herein the sheriff or the chief of police shall forward a copy thereof immediately to the superintendent of the Nevada state police, who shall file the same for record in his office.]
Sec. 10. NRS 647.030 is hereby amended to read as follows:
647.030 1. Every junk dealer shall keep a book in which shall be written in ink at the time of purchase a full and accurate description of each article purchased, together with the full name, residence and general description of the person or persons selling the same. No entry in the book shall be erased, mutilated or changed.
2. The book shall be open at all times to inspection by [any member of the Nevada state police,] the sheriff of the county or any of his deputies, any member of the police force in the city or town, and any constable or other county or municipal official in the county in which the junk dealer does business.
κ1967 Statutes of Nevada, Page 179 (CHAPTER 109, SB 153)κ
constable or other county or municipal official in the county in which the junk dealer does business.
Sec. 11. NRS 647.120 is hereby amended to read as follows:
647.120 1. Every secondhand dealer doing business in any unincorporated town shall, before 12 m. of each day, furnish in duplicate to the sheriff of the county a full, true and correct transcript of the record of all transactions had on the preceding day.
2. Every secondhand dealer doing business in an incorporated city shall, before 12 m. of each day, furnish in duplicate to the chief of police thereof, a full, true and correct transcript of the record of all transactions had on the preceding day.
3. Every secondhand dealer doing business in an unincorporated town or in an incorporated city having good cause to believe that any property in his possession has been previously lost or stolen shall forthwith report such fact to the sheriff or chief of police, respectively, together with the name of the owner if known, and the date when, and the name of the person from whom, the same was received by him. [On receipt of the report provided for herein the sheriff or the chief of police shall forward a copy thereof immediately to the superintendent of the Nevada state police, who shall file the same for record in his office.]
Sec. 12. NRS 648.020 is hereby amended to read as follows:
648.020 1. The Nevada detective licensing board shall consist of three members, one of whom shall be the [superintendent of the Nevada state police.] chief officer of the Nevada highway patrol. The other two members, one of whom shall be a licensed private detective, shall be appointed by the governor and shall serve at his pleasure.
2. The chairman of the board shall be the [superintendent of the Nevada state police.] chief officer of the Nevada highway patrol.
Sec. 13. NRS 648.040 is hereby amended to read as follows:
648.040 1. All receipts under this chapter shall be reported at the beginning of each month for the month preceding to the state controller. The entire amount received shall be paid into the state treasury to the credit of the [Nevada state police] private detective agency contingent fund.
2. The fund shall be used by the board for the administration of this chapter.
Sec. 14. NRS 648.190 is hereby amended to read as follows:
648.190 This chapter shall not apply:
1. To any detective or officer belonging to the law enforcement agencies of the United States, or of any county or city of the State of Nevada.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while any such officer is engaged in the performance of his official duties.
3. [To the appointment of any special police officer by the Nevada state police while any such officer is engaged in the performance of his official duties.
4.] To insurance investigators or adjustors, provided they are not engaged in the business of private investigators.
[5.] 4. To any person employed as special agent, detective or private investigator for one employer exclusively in connection with the affairs of that employer.
κ1967 Statutes of Nevada, Page 180 (CHAPTER 109, SB 153)κ
Sec. 15. NRS 706.710 is hereby amended to read as follows:
706.710 1. No owner or operator of a motor vehicle to which NRS 706.010 to 706.700, inclusive, applies carrying passengers or property on any road or highway in the State of Nevada shall require, suffer or permit any driver of such motor vehicle to drive any such motor vehicle in any one period longer than the time permitted for such period by the order of the public service commission of Nevada.
2. The public service commission of Nevada shall have authority to extend to private carriers of explosives and other dangerous articles, as defined by the rules and regulations of the Interstate Commerce Commission, the safety rules and regulations applying to for-hire carriers of such articles.
3. The labor commissioner, all traffic officers of the state and any subdivision thereof, [all state police,] all peace officers, and inspectors acting under the authority of the public service commission of Nevada or the department of motor vehicles shall enforce the provisions of this section.
4. Any violations of this section shall be a misdemeanor.
Sec. 16. On the effective date of this act, the state controller shall transfer any sums remaining in the Nevada state police private detective agency contingent fund in the state treasury to the private detective agency contingent fund in the state treasury, created by section 13 of this act.
Sec. 17. This act shall become effective upon passage and approval.
________
Senate Bill No. 79Committee on Finance
CHAPTER 110
AN ACT to amend NRS 463.370 and 463.380, relating to state gaming license fees, by providing for an advance fee deposit by a provisional licensee to be applied to actual state gaming license fees due for the final quarter; and by changing the word gambling to gaming to effect uniform nomenclature.
[Approved March 11, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.370 is hereby amended to read as follows:
463.370 1. Before issuing a state [gambling] gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also Five percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year and does not exceed $1,000,000 per quarter year; and also
κ1967 Statutes of Nevada, Page 181 (CHAPTER 110, SB 79)κ
Five percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year and does not exceed $1,000,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $1,000,000 per quarter year.
2. No state [gambling] gaming license shall be issued to any applicant, except a provisional license as provided in this chapter, until the license fee has been paid in full.
3. When a licensee is operating under a provisional license, the payment of the fee due for the first quarter of operation based on the gross revenue derived from gambling pursuant to this section shall be accompanied by the payment of a fee in like amount, which shall be a deposit and shall be applied to the actual fee due for the final quarter of operation.
4. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month shall pay in addition to such license fee a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000, which penalty shall be collected as other charges, licenses and penalties under this chapter.
[4.] 5. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, licenses and penalties under this chapter.
Sec. 2. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to the state [gambling] gaming license fees provided for in NRS 463.370, the commission shall, prior to the 10th day of January of every year, before issuing a state [gambling] gaming license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
κ1967 Statutes of Nevada, Page 182 (CHAPTER 110, SB 79)κ
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under NRS 465.010, shall be construed as and deemed a game within the meaning of this section.
3. All licenses shall be issued for the calendar year beginning January 1 and expiring December 31 and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. If any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
7. Any person failing to pay the license fee provided for in this section when such license fee is due shall pay in addition to such license a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $800, which penalty shall be collected as other charges, licenses and penalties under this chapter.
8. Any person failing to pay the license fee provided for in this section when due shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, licenses and penalties under this chapter.
________
κ1967 Statutes of Nevada, Page 183κ
Senate Bill No. 52Senators Titlow and Fisher
CHAPTER 111
AN ACT to amend NRS 501.345, relating to the power of county game management boards in setting fish and game seasons, by making such action effective unless overruled by the state board of fish and game commissioners.
[Approved March 11, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.345 is hereby amended to read as follows:
501.345 1. The commission is authorized to divide the State of Nevada into such districts as it shall find expedient with reference to hunting or fishing, and fix the dates for hunting or fishing in each of such districts within the limits provided in this Title; but the county board of any county may shorten or close the season entirely, except as to migratory birds. It shall be unlawful for any person to hunt in any such district or county on any day or days other than may be designated by the commission or the county board.
2. The county board of each county shall fix the open season in such county within the limits provided in this Title not less than 60 days before the dates specified in this Title for the opening of such season; but in the event an unforeseen emergency shall arise after any season shall have been declared open, and the county board shall determine that the interests of conservation so require, the board may declare such season closed, giving reasonable notice of such action, which notice shall be not less than 1 day.
3. The commission or any county board within its county may, in the interest of conservation, close to hunting or fishing designated areas in each county, in which event the county board shall post notice of such closing in the closed area, and give further notice thereof by publication.
4. [No action under this section by a county board shall be effective unless it is first approved by the commissioner from such county or unless the commission by two-thirds vote overrules the disapproval of the commissioner from such county.] Action under this section by a county board is effective immediately but may be overruled by a two-thirds vote of all the members elected to the commission. Such overruling is effective from the date of action by the commission but is not retroactive.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 184κ
Senate Bill No. 321Committee on Finance
CHAPTER 112
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved March 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $300,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 276Messrs. Viani and Tim Hafen
CHAPTER 113
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 45, Statutes of Nevada 1921, at page 80, is hereby amended by adding thereto a new section to be designated as section 19.5, which shall immediately follow section 19 and shall read as follows:
Section 19.5 1. Notwithstanding the provisions of NRS 361.060 or the provisions of this or any other law, commencing July 1, 1967, the Mineral County power system shall pay annually to Mineral County a fee in lieu of property tax equal to 5 percent of the amount of the systems gross power sales made during the preceding fiscal year.
2. Until otherwise directed by law, all fees received by Mineral County pursuant to subsection 1 shall be deposited in the Mineral County courthouse construction fund and may be expended therefrom only for the purposes for which that fund was created.
________
κ1967 Statutes of Nevada, Page 185κ
Senate Bill No. 223Senator Dodge
CHAPTER 114
AN ACT to amend NRS 386.210, relating to election of joint school district trustees, by prorating the membership of such trustees; and providing other matters properly relating thereto.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.210 is hereby amended to read as follows:
386.210 1. Each joint school district shall contain a number of school trustee election districts equal to the number of county school districts which joined to create the joint school district. The boundaries of each school trustee election district shall be conterminous with the boundaries of the county school district which joined to create the joint school district.
2. At the first general election following the creation of a joint school district, a board of trustees for the joint school district shall be elected as follows:
(a) If the pupil enrollment for the preceding school year is less than 1,000 in a [school trustee election] joint school district, five trustees [who have the qualifications set forth in NRS 386.160] shall be elected at large [for terms of 4 years] by the qualified electors of [that] the school trustee election [district.] districts pusuant to subsection 3.
(b) If the pupil enrollment for the preceding school year is 1,000 or more in a [school trustee election] joint school district, seven trustees [who have the qualifications set forth in NRS 386.170] shall be elected at large [for terms of 4 years] by the qualified electors of [that] the school trustee election [district.
3.] districts pursuant to subsection 3.
3. The number of members elected to the board of trustees of a joint school district shall be in the same proportion to the total number of members of such board as the number of pupils from the school trustee election district bears to the total number of pupils in the joint school district, but there shall be not less than one trustee from each school trustee election district.
4. Members of the board of trustees of a joint school district shall be elected by the qualified electors of the respective school trustee election districts.
5. At the first general election following the creation of a joint school district, there shall be elected for terms of 2 years from each school trustee election district the largest whole number of trustees which is less than one-half of the total number of trustees to be elected from such district, and the remaining trustees shall be elected for terms of 4 years. Thereafter, at each general election, the offices of school trustees of the joint school district shall be filled from the school trustee election districts within the joint school district for terms of 4 years in the order in which the terms of office expire.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 186κ
Assembly Bill No. 69Miss Foote
CHAPTER 115
AN ACT to amend chapter 433 of NRS, relating to the Nevada state hospital, by modernizing the language which provides for the commitment of alcoholics and drug addicts; and providing other matters properly relating thereto.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 433.250 to 433.290, inclusive, unless the context otherwise requires:
1. Alcoholic means a person who is so far addicted to the intemperate use of alcoholic beverages as to have lost the power of self-control.
2. Drug addict means a person who:
(a) Habitually takes or otherwise uses any narcotic or habit-forming drug; or
(b) Is so far addicted to the use of any stimulant or depressant drug as to have lost the power of self-control.
Sec. 2. NRS 433.250 is hereby amended to read as follows:
433.250 1. Upon the application of any person under oath setting forth that any person, who is a resident of this state as defined by this chapter, is [:
(a) So far addicted to the intemperate use of stimulants as to have lost the power of self-control; or
(b) Subject to dipsomania or inebriety; or
(c) A person who habitually takes or otherwise uses any opium, morphine, cocaine or other narcotic or habit-forming drugs,] an alcoholic or a drug addict,
the judge of the district court in [each judicial district] the judicial district where such person is found shall cause such person to be brought before him at such time and place as he may direct.
2. The district judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of [the] such person. Such witnesses shall be paid their actual expenses caused by their attendance aforesaid, the amount of expenses to be determined by the district judge and to be paid out of county funds as he shall order.
3. The district judge may assign counsel to defend such person, require an independent examination and enter such other orders as he may consider necessary to permit a proper determination of the allegations [of illness] and to protect the rights of [the person alleged to be mentally ill.] such person.
Sec. 3. NRS 433.260 is hereby amended to read as follows:
433.260 Whenever it appears by affidavit to the satisfaction of a magistrate of a county that any person is an [inebriate, dipsomaniac] alcoholic or a drug addict, he shall deliver to some peace officer for service a warrant directing that [the] such person be apprehended and taken before a judge of the district court for a hearing and examination on such charge.
κ1967 Statutes of Nevada, Page 187 (CHAPTER 115, AB 69)κ
before a judge of the district court for a hearing and examination on such charge. The officers shall thereupon apprehend and detain such person until hearing and examination can be had. At the time of the apprehension a copy of the affidavit and warrant of apprehension shall be personally delivered to [the person so charged.] such person.
Sec. 4. NRS 433.270 is hereby amended to read as follows:
433.270 1. The person alleged to be [mentally ill] an alcoholic or a drug addict shall be taken before a judge of the district court, to whom the affidavit and warrant of apprehension shall be delivered to be filed with the clerk. The judge shall then inform him of his rights to make a defense to such allegation and to produce witnesses thereto. The judge shall by order fix such time and place for the hearing and examination in open court as will give a reasonable opportunity for the production and examination of witnesses. Such witnesses shall be subpenaed and paid as provided in the hearing upon application. The judge may order that notice of the apprehension of the person and hearing of the allegation be served on such relatives of the person known to be residing in the county as the court deems necessary or proper. The judge may assign counsel to defend such person, require an independent examination and enter such other orders as he may consider necessary to permit a proper determination [concerning the mental condition of,] of the allegation and to protect the rights of [, the person alleged to be mentally ill.] such person.
2. Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county.
Sec. 5. NRS 433.280 is hereby amended to read as follows:
433.280 1. If, after a hearing and examination, the judge believes the person [charged is an inebriate or dipsomaniac, or that such person is] brought before him is an alcoholic or a drug addict, and has been a resident of Nevada for more than 1 year, he shall make an order committing such person to the hospital for an indeterminate period of not more than 1 year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at the hospital unless there has been first filed with the court a written report of the superintendent stating that the person is a suitable case for treatment at the hospital, and if such report is not filed [the person so charged] such person shall forthwith be discharged by the court. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate. A full transcript of the proceedings in the district court shall be filed with the superintendent within 30 days after the commitment.
2. The superintendent may discharge any patient committed under subsection 1 of this section at any time if, in the opinion of the superintendent:
(a) Discharge would be in the best interest of the patient; or
(b) The patient has achieved maximum benefit from hospitalization.
Sec. 6. NRS 433.510 is hereby amended to read as follows:
433.510 If the person so committed is unable to provide for such payment, and has no property applicable for such purpose, and no kindred in the degree heretofore provided, the person shall be conveyed to and cared for at the hospital at the expense of the state.
κ1967 Statutes of Nevada, Page 188 (CHAPTER 115, AB 69)κ
and cared for at the hospital at the expense of the state. If the person committed is an [inebriate or] alcoholic, the reasonable cost of transportation and care shall be a charge upon the future earnings of the person until repaid in full.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 104Committee on Public Health and Public Morals
CHAPTER 116
AN ACT to amend NRS 436.015, relating to the mental hygiene advisory board, by requiring minutes of meetings of the board to be filed with the mental hygiene division of the department of health and welfare rather than the Nevada state hospital.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 436.015 is hereby amended to read as follows:
436.015 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 quarterly intervals. The board shall keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the [Nevada state hospital.] mental hygiene division.
2. For each days attendance at each meeting of the board, the members shall receive per diem expense allowances and travel expenses as fixed by law.
3. At the first meeting subsequent to the appointment of any new member, the board shall elect one of its members as chairman.
4. Six members of the board shall constitute a quorum, and such quorum may exercise all powers and authority conferred on the board.
5. The board shall prescribe rules and regulations for its own management and government.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 236Committee on Agriculture, Irrigation and Livestock
CHAPTER 117
AN ACT relating to the determination of water rights, permitting certain notices to be sent by certified mail.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 533.110 is hereby amended to read as follows:
533.110 1. Upon the filing of such measurements, maps and determinations, the state engineer shall prepare a notice setting forth the date when the state engineer is to commence the taking of proofs as to the rights in and to the waters of the stream system, and the date prior to which the same must be filed.
κ1967 Statutes of Nevada, Page 189 (CHAPTER 117, AB 236)κ
when the state engineer is to commence the taking of proofs as to the rights in and to the waters of the stream system, and the date prior to which the same must be filed. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of the taking of proofs. The notice shall be deemed to be an order of the state engineer as to its contents. The state engineer shall cause the notice to be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system, the date of the last publication of the notice to be not less than 15 days prior to the date fixed for the commencement of the taking of proofs by the state engineer.
2. At or near the time of the first publication of the notice, the state engineer shall send by registered or certified mail to each person, or deliver to each person, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, a notice equivalent in terms to the published notice setting forth the date when the state engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the state engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs.
Sec. 2. NRS 533.140 is hereby amended to read as follows:
533.140 1. As soon as practicable after the expiration of the period fixed in which proofs may be filed, the state engineer shall assemble all proofs which have been filed with him, and prepare and certify an abstract of all such proofs, which shall be printed in the state printing office. The state engineer shall also prepare from the proofs and evidence taken or given before him, or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.
2. When the abstract of proofs and the preliminary order of determination shall be completed, the state engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims shall be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the state engineer as to the matters contained therein.
3. A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, shall be delivered by the state engineer, or sent by registered or certified mail, at least 30 days prior to the first day of such period of inspection, to each person who has appeared and filed proof, as herein provided.
4. The state engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by him in accordance with this chapter.
Sec. 3. NRS 533.150 is hereby amended to read as follows:
533.150 1. The state engineer shall fix a time and place for the hearing of objections, which date shall not be less than 30 days nor more than 60 days from the date the notice is served on the persons who are, or may be, affected thereby.
κ1967 Statutes of Nevada, Page 190 (CHAPTER 117, AB 236)κ
who are, or may be, affected thereby. The notice may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor shall constitute legal and valid proof of service. The notice may also be served by the state engineer, or by any person, appointed by him, qualified and competent to serve a summons in civil actions. Return thereof shall be made in the same manner as in civil actions in the district courts of this state.
2. The state engineer shall have power to adjourn hearings from time to time upon reasonable notice to all parties interested, and to issue subpenas and compel the attendance of witnesses to testify at such hearings, which subpenas shall be served in the same manner as subpenas issued out of the district courts of this state. Depositions may be taken by any officer authorized to administer oaths and designated by the state engineer or the parties in interest, and oral testimony may be introduced in all hearings. The state engineer or his deputy shall have the power to administer oaths to witnesses.
3. In case of neglect or refusal on the part of any person to comply with any order of the state engineer or any subpena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, the district court of any county, or any judge thereof, on application of the state engineer, shall issue attachment proceedings for contempt, as in the case of disobedience of a subpena issued from such court, or a refusal to testify therein.
4. Witnesses shall receive fees as in civil cases, to be paid by the party calling such witnesses.
5. The evidence in such proceedings shall be confined to the subjects enumerated in the objections and the preliminary order of determination. All testimony taken at such hearings shall be reported and transcribed in its entirety.
Sec. 4. NRS 533.160 is hereby amended to read as follows:
533.160 1. As soon as practicable after the hearing of objections to the preliminary order of determination, the state engineer shall make and cause to be entered of record in his office an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, shall have the legal effect of a complaint in a civil action.
2. The order of determination shall be certified by the state engineer and as many copies as required printed in the state printing office. A copy of the order of determination shall be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.
Sec. 5. NRS 533.165 is hereby amended to read as follows:
533.165 1. As soon as practicable thereafter, a certified copy of the order of determination, together with the original evidence and transcript of testimony filed with, or taken before, the state engineer, duly certified by him, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which the stream system is situated, or, if in more than one county but all within one judicial district, then with the clerk of the county wherein reside the largest number of parties in interest.
κ1967 Statutes of Nevada, Page 191 (CHAPTER 117, AB 236)κ
2. If such stream system shall be in two or more judicial districts, then the state engineer shall notify the district judge of each of such judicial districts of his intent to file such order of determination, whereupon, within 10 days after receipt of such notice, such judges shall confer and agree where the court proceedings under this chapter shall be held and upon the judge who shall preside, and on notification thereof the state engineer shall file the order of determination, evidence and transcripts with the clerk of the court so designated.
3. If such district judges fail to notify the state engineer of their agreement, as provided in subsection 2, within 5 days after the expiration of such 10 days, then the state engineer may file such order of determination, evidence and transcript with the clerk of any county he may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto.
4. If the judge so selected and acting shall retire from office, or be removed from office or be disqualified, for any cause, then the judge of the district court having jurisdiction of the proceedings shall act as the judge on the matter or shall select the judge to preside in such matter.
5. In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream system, or any part thereof, is situated.
6. Upon the filing of the certified copy of the order, evidence and transcript with the clerk of the court in which the proceedings are to be had, the state engineer shall procure an order from the court setting the time for hearing. The clerk of such court shall immediately furnish the state engineer with a certified copy thereof. The state engineer immediately thereupon shall mail a copy of such certified order of the court, by registered or certified mail, addressed to each party in interest at his last-known place of residence, and shall cause the same to be published at least once a week for 4 consecutive weeks in some newspaper of general circulation published in each county in which such stream system or any part thereof is located. The state engineer shall file with the clerk of the court proof of such service by registered or certified mail and by publication. Such service by registered or certified mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing.
Sec. 6. NRS 533.265 is hereby amended to read as follows:
533.265 1. Upon the final determination of the relative rights in and to the waters of any stream system, the state engineer shall issue to each person represented in such determination a certificate to be signed by the state engineer, and bearing the seal of his office.
2. The certificate shall set forth:
(a) The name and post office address of the owner of the right.
(b) The date of priority.
(c) Extent and purpose of such right.
(d) If such water is for irrigation purposes, a description of the land, by legal subdivisions when possible, to which the water is appurtenant.
3. Such certificate shall be transmitted by the state engineer in person or by registered or certified mail to the county recorder of the county in which the right is located, and the county recorder, upon the receipt of a recording fee of $1, collected as provided in NRS 533.135, shall record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the certificate to the owner.
κ1967 Statutes of Nevada, Page 192 (CHAPTER 117, AB 236)κ
of a recording fee of $1, collected as provided in NRS 533.135, shall record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the certificate to the owner.
4. No certificate need be issued by the state engineer nor recorded when printed copies of any decree of final determination of relative rights contain a listing of the individual rights so determined.
Sec. 7. NRS 533.365 is hereby amended to read as follows:
533.365 1. Any person interested may, within 30 days from the date of last publication of the notice of application, file with the state engineer a written protest against the granting of the application, setting forth with reasonable certainty the grounds of such protest, which shall be verified by the affidavit of the protestant, his agent or attorney.
2. On receipt of a protest, the state engineer shall advise the applicant whose application has been protested of the fact that the protest has been filed with him, which advice shall be sent by registered or certified mail.
3. The state engineer shall duly consider the protest, and may, in his discretion, hold hearings and require the filing of such evidence as he may deem necessary to a full understanding of the rights involved; but no hearing thereon shall be had except after due notice by registered or certified mail to both the applicant and the protestant. The notice shall give the time and place at which the hearing is to be held and shall be mailed at least 15 days prior to the date set for the hearing.
4. The hearings shall be conducted under such rules and regulations as the state engineer may make, which he is hereby empowered to make, for the proper and orderly exercise of the powers conferred herein; but technical rules of evidence shall not be deemed to apply.
Sec. 8. NRS 534.060 is hereby amended to read as follows:
534.060 1. During the sinking or boring of a well the permittee shall cause to be placed in such well a proper and sufficient casing approved by the state engineer, so arranged as to prevent the caving in of such well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, which casing must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of the well.
2. The number, size, type and distribution of perforations is optional with the permittee, except that no perforations shall be made in a pipe tapping confined (artesian) water above the confining impervious materials.
3. The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from such well and prevent the loss of underground water above or below the ground surface.
4. If in the judgment of the state engineer a well is in any manner defective he may order the owner to repair the well or, in his discretion, may cause the well to be repaired or sealed. If the state engineer elects to repair or seal the well, the cost of repairing or sealing the well shall be paid from the water distribution fund and shall not be charged to the owner of the well or be a lien on the land upon which the well is located or on other land of the owner to which water from the well is appurtenant.
κ1967 Statutes of Nevada, Page 193 (CHAPTER 117, AB 236)κ
5. If the state engineer orders the owner to repair the well and if upon 15 days written notice by registered or certified mail, return receipt requested, the owner fails to repair such well, the state engineer or his assistants or authorized agents may, without further notice, take such steps as may be necessary to effect such repairs. The cost thereof, including the labor and material, may in the first instance be paid by the state engineer from the water distribution fund, as provided in NRS 534.040; but any such cost in any event shall be a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.
6. The state engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein such charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if such person shall neglect for 30 days thereafter to pay the same, such bill and costs shall be and become a lien upon the lands and property of the person so liable for the payment of the bill, and shall be collected as delinquent taxes against the lands and property are collected.
Sec. 9. NRS 534.090 is hereby amended to read as follows:
534.090 1. Failure for 5 successive years on the part of the holder of any right, whether it be an adjudicated right, an unadjudicated right, or permitted right, and further whether such right be initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which such right shall be acquired or claimed, shall work a forfeiture of undetermined rights and an abandonment of determined rights of the right to the use of such water to the extent of such nonuse. Upon the forfeiture of a right to the use of ground water, such water shall revert to the public and shall be available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the person of record whose right has been declared forfeited, such person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final.
2. A right to use underground water whether it be vested or otherwise may be lost by abandonment. If the state engineer, in investigating a ground water source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his examination that an abandonment has taken place, he shall so state in his ruling approving the application. If, upon notice by registered or certified mail to the person of record who had the prior right, such person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the state engineer becomes final.
Sec. 10. NRS 533.380 is hereby amended to read as follows:
533.380 1. In his endorsement of approval upon any application, the state engineer shall:
κ1967 Statutes of Nevada, Page 194 (CHAPTER 117, AB 236)κ
(a) Set a time prior to which actual construction work shall begin, which shall not be more than 1 year from the date of such approval, and order that the work shall be prosecuted diligently and uninterruptedly to completion unless temporarily interrupted by the elements.
(b) Set a time prior to which the construction of the work must be completed, which shall be within 5 years of the date of such approval.
(c) Set a time prior to which the complete application of water to a beneficial use must be made, which time shall not exceed 10 years from the date of the approval.
2. The state engineer may limit the applicant to a less amount of water than that applied for, to a less period of time for the completion of work, and a less period of time for the perfecting of the application than named in the application.
3. The state engineer shall have authority, for good cause shown, to extend the time within which construction work shall begin, within which construction work shall be completed, or water applied to a beneficial use under any permit therefor issued by the state engineer; but an application for such extension must in all cases be made within 30 days following notice by registered or certified mail that proof of such work is due as provided for in NRS 533.390 and 533.410.
Sec. 11. NRS 533.390 is hereby amended to read as follows:
533.390 1. Any person holding a permit from the state engineer shall, on or before 30 days after the date set for the commencement of work as endorsed thereon, and at other times required by the state engineer, file with the state engineer a statement setting forth the time when, the place where, and the amount of such work as may have been performed by him thereunder in connection with such appropriation; and the person holding a permit shall also, within 30 days after the date set for the completion of such work, file in detail a description of the work as actually constructed, which statement shall be verified by the affidavit of the applicant, his agent or his attorney.
2. Should any person holding a permit from the state engineer fail, prior to the date set for such filing in his permit, to file with the state engineer proof of commencement of work, or should he fail to file, within 30 days of the date set prior to which proof of completion of the work must be made, the proof of completion of work, as provided in this chapter, the state engineer shall, in either case, advise the holder of the permit, by registered or certified mail, that the same is held for cancellation, and should the holder, within 30 days after the mailing of such advice, fail to file the required affidavit with the state engineer, the permit shall be canceled and no further proceedings shall be had thereunder. For good cause shown, upon application made prior to the expiration of the 30-day period, the state engineer may, in his discretion, grant an extension of time in which to file the instruments.
Sec. 12. NRS 533.410 is hereby amended to read as follows:
533.410 Should any holder of a permit from the state engineer fail, prior to the date set for such filing in his permit, to file with the state engineer proof of application of water to beneficial use, and the accompanying map, if such map is required, the state engineer shall advise the holder of the permit, by registered or certified mail, that the same is held for cancellation. Should the holder, within 30 days after the mailing of such advice, fail to file the required affidavit and map, if such map is required, or either of them, with the state engineer, the permit shall be canceled and no further proceedings shall be had thereunder.
κ1967 Statutes of Nevada, Page 195 (CHAPTER 117, AB 236)κ
of such advice, fail to file the required affidavit and map, if such map is required, or either of them, with the state engineer, the permit shall be canceled and no further proceedings shall be had thereunder. For good cause shown, upon application made prior to the expiration of such 30-day period, the state engineer may, in his discretion, grant an extension of time in which to file the instruments.
Sec. 13. NRS 534.080 is hereby amended to read as follows:
534.080 1. A legal right to appropriate underground water for beneficial use from an artesian or definable aquifer subsequent to March 22, 1913, or from percolating water, the course and boundaries of which are incapable of determination, subsequent to March 25, 1939, can only be acquired by complying with the provisions of chapter 533 of NRS pertaining to the appropriation of water.
2. The state engineer may, upon written notice sent by registered or certified mail, return receipt requested, advise the owner of a well who is using water therefrom without a permit to appropriate such water to cease using such water until he has complied with the laws pertaining to the appropriation of water. If the owner fails to initiate proceedings to secure such permit within 30 days from the date of such notice he shall be guilty of a misdemeanor.
3. The date of priority of all appropriations of water from an underground source, mentioned in this section, is the date when application is made in proper from and filed in the office of the state engineer pursuant to the provisions of chapter 533 of NRS.
Sec. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 68Senator Herr
CHAPTER 118
AN ACT relating to the repossession of rented premises; to provide supplemental remedies of exclusion and summary eviction; and providing other matters properly relating thereto.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to the remedy provided by subsection 3 of NRS 40.250 and by NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling or apartment, with periodic rent reserved by the month or any shorter period, is in default in payment of such rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the third day following the day of service.
2. Upon noncompliance with such notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling or apartment is located.
κ1967 Statutes of Nevada, Page 196 (CHAPTER 118, SB 68)κ
the peace of the township wherein the dwelling or apartment is located. Such justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order.
(b) The landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
Sec. 2. NRS 40.280 is hereby amended to read as follows:
40.280 1. The notices required by NRS 40.250, 40.255 and 40.260 and section 6 of this act may be served either:
(a) By delivering a copy to the tenant personally; or
(b) If he is absent from his place of residence or from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence or place of business; or
(c) If such place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous place on the leased property and also delivering a copy to a person there residing, if such person can be found, and also sending a copy through the mail addressed to the tenant at the place where the leased property is situated.
2. Service upon a subtenant may be made in the same manner as provided in subsection 1.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 82Committee on Finance
CHAPTER 119
AN ACT relating to the apportionment of moneys from the state distributive school fund; to extend the date of the last quarterly apportionment; and providing other matters properly relating thereto.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.120 is hereby amended to read as follows:
387.120 On or before August 1, November 1, February 1 and [April 1] May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in NRS 387.125.
Sec. 2. NRS 387.185 is hereby amended to read as follows:
387.185 1. All school moneys due each county school district shall be paid over by the state treasure to the county treasurer on August 1, November 1, February 1 and [April 1] May 1 of each year or as soon thereafter as the county treasurer may apply for the same, upon the warrant of the state controller drawn in conformity with the apportionment of the state board of education as provided in NRS 387.125.
κ1967 Statutes of Nevada, Page 197 (CHAPTER 119, SB 82)κ
2. No county school district shall receive any portion of the public school moneys unless that school district shall have complied with the provisions of this Title of NRS and the rules and regulations of the state board of education.
Sec. 3. NRS 387.245 is hereby amended to read as follows:
387.245 1. All school moneys due each joint school district shall be paid over by the state treasurer to the county treasurer holding the joint school district fund on August 1, November 1, February 1 and [April 1] May 1 of each year, or as soon thereafter as the county treasurer may apply for the same, upon the warrant of the state controller drawn in conformity with the apportionment of the state board of education as provided in NRS 387.125.
2. No joint school district shall receive any portion of the public school moneys unless that school district shall have complied with the provisions of this Title of NRS and the rules and regulations of the state board of education.
Sec. 4. This act shall become effective on July 1, 1967.
________
Senate Bill No. 90Committee on Federal, State and Local Governments
CHAPTER 120
AN ACT relating to accommodations for the legislature; to amend NRS 331.120 and 331.130 by reserving to the legislature certain space in the Capital Building and providing for its use between sessions; and providing other matters properly relating thereto.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.120 is hereby amended to read as follows:
331.120 1. [The] Except as provided in subsection 4, the superintendent shall assign the rooms in the Capitol Building, and rooms elsewhere used by the state, and shall determine the occupancy thereof in such manner as the public service may require.
2. The executive and administrative officers, departments, boards, commissions and agencies of the state shall be provided with suitable quarters which shall, so far as is expedient, be in Carson City.
3. The superintendent may:
(a) Provide, with the approval of the governor, suitable office space for the use of the governor-elect, and expend funds for incidental expenses connected therewith.
(b) Provide suitable space in the Capitol Building for the permanent use of accredited members of the press and for the installation of communication equipment.
4. [This section shall not apply to the legislative chambers while the legislature is in session, to rooms needed or used by either branch of the legislature while in session, or to any rooms needed or used by any committees or officers thereof.]
κ1967 Statutes of Nevada, Page 198 (CHAPTER 120, SB 90)κ
committees or officers thereof.] The legislature reserves the supervision and control of:
(a) The second floor of the Capitol Building; and
(b) The first and second floors of the octagon annex to the Capitol Building.
Sec. 2. NRS 331.130 is hereby amended to read as follows:
331.130 1. At all times the maintenance of the legislative chambers shall be under the supervision and control of the superintendent, and the chambers shall be kept clean, orderly and presentable as befitting public property and the dignity of the legislature.
2. The [superintendent is authorized, at his discretion, to permit the use of the legislative chambers, while the legislature is not in session, for any public meeting designed to promote the public welfare. In cases of emergency, while the legislature is not in session, the superintendent is authorized to permit the temporary use of the legislative chambers by a state department or agency until other quarters can be provided.] director of the legislative counsel bureau is authorized to assign the use of space on the second floor of the Capitol Building and the first and second floors of the octagon annex to the Capitol Building during the interim between sessions of the legislature.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 224Senator Swobe
CHAPTER 121
AN ACT relating to deeds of trust; requiring the payment of trustees and attorneys fees and costs by the grantor upon reinstatement of a loan after default; and providing other matters properly relating thereto.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 107.080 is hereby amended to read as follows:
107.080 1. Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security.
2. The power of sale shall not be exercised, however, until:
(a) In the case of any trust agreement coming into force on or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days, computed as prescribed in subsection 3, failed to make good his deficiency in performance or payment; and
κ1967 Statutes of Nevada, Page 199 (CHAPTER 121, SB 224)κ
(b) The beneficiary, the successor in interest of the beneficiary, or the trustee shall first execute and cause to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and
(c) Not less than 3 months have elapsed after the recording of such notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2 shall commence on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by certified mail with postage prepaid to the grantor or to his successor in interest at the address of such grantor or his successor in interest if such address is known, otherwise to the address of the trust property. Such notice of default and election to sell shall describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due and payable if such acceleration is permitted by the obligation secured by the deed of trust, but such acceleration shall not occur if the deficiency in performance or payment is made good and [the cost of recording such notice is] any and all costs, fees and expenses incident to the preparation or recordation of such notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of such 3-month period following the recording of such notice of breach and election to sell, and prior to the making of such sale, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.
5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption.
Sec. 2. This act shall become effective upon passage and approval.
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κ1967 Statutes of Nevada, Page 200κ
Senate Bill No. 225Senator Swobe
CHAPTER 122
AN ACT relating to condominiums; enlarging the definition of condominium; providing exceptions as to condominiums from the rule against perpetuities and the rule against unreasonable restraints on alienation; providing that the interests of any unit owner which are conveyed by tax deed are subject to all provisions relating to condominiums; and providing other matters properly relating thereto.
[Approved March 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 117.010 is hereby amended to read as follows:
117.010 As used in this chapter:
1. Common areas means the entire project excepting all units therein granted or reserved.
2. Condominium means an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in space in [an apartment,] a residential, industrial or commercial building or industrial and commercial building on such real property, such as, but not restricted to, an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either:
(a) An estate of inheritance or perpetual estate;
(b) An estate for life; or
(c) An estate for years.
3. Project means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.
4. To divide real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.
5. Unit means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.
Sec. 2. Chapter 117 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. The rules of property known as the rule against perpetuities and the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this chapter.
Sec. 4. If any person acquires or is entitled to the issuance of a tax deed conveying the interest of any condominium owner, such interest so acquired shall be subject to all the provisions of this chapter and to all terms, provisions, covenants, conditions and limitations contained in the declaration of restrictions, any plat, any bylaws or any deed affecting such interest then in force.
Sec. 5. This act shall become effective upon passage and approval.
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