[Rev. 2/28/2019 11:17:08 AM]
LAWS OF THE STATE OF NEVADA
κ1969 Statutes of Nevada, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
FIFTY-FIFTH SESSION OF THE LEGISLATURE
1969
__________
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 23, 1969]
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 $250,000.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 11Committee on Judiciary
CHAPTER 2
AN ACT to amend NRS 108.310, relating to statutory liens, by correcting the reference to the motor vehicle registration division of the department of motor vehicles; and providing other matters properly relating thereto.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman, shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, upon which the lien is asserted, and to the motor vehicle registration division of the department of motor vehicles.
κ1969 Statutes of Nevada, Page 2 (CHAPTER 2, SB 11)κ
equipment, or trailer, upon which the lien is asserted, and to the motor vehicle registration division of the department of motor vehicles.
2. The notice shall be given by delivery in person or by registered letter addressed to the last-known place of business or abode of the person or persons to be notified, and if no address is known then addressed to such person or persons at the place where the lien claimant has his place of business.
3. The notice shall contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.
(b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
(d) A statement that unless the claim is paid within the time specified the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer will be advertised for sale, and sold by auction at a specified time and place.
4. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place.
5. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer to be sold, and stating the name of the owner or person on whose account the same is held, and the time and place of the sale, shall be published once a week for 2 consecutive weeks, being 3 successive weekly issues, in a newspaper published in the place where such sale is to be held, but if no newspaper is published in such place then in some newspaper published in the State of Nevada and having a general circulation in such place. The sale shall not be held less than 15 days from the time of the first publication.
6. From the proceeds of such sale the motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman furnishing services, labor, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of such proceeds shall be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 3κ
Senate Bill No. 13Committee on Judiciary
CHAPTER 3
AN ACT to amend NRS 463.337, relating to the revocation of a dealers work permit, by correcting an internal reference.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any dealer in a licensed gaming establishment is convicted of a violation of NRS [463.340,] 465.083, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a dealer employed by such licensee has been guilty of cheating the commission shall after a hearing as provided in NRS 463.310 and 463.312:
(a) If such dealer holds a work permit issued by the board, revoke such work permit.
(b) If such dealer holds a work permit issued by a county or city licensing authority, notify such authority to revoke such permit, and the county or city licensing authority shall revoke such permit.
2. A work permit shall not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section.
3. If the dealer has not been convicted by a court of record of a violation of NRS [463.340,] 465.083, he is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 14Committee on Judiciary
CHAPTER 4
AN ACT relating to estates of deceased persons; conforming the language regarding borrowing money and mortgaging property to the Uniform Commercial Code; and providing other matters properly relating thereto.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 149.010 is hereby amended to read as follows:
149.010 1. Whenever it shall appear to be to the advantage of the estate to borrow money upon a note or notes, either unsecured or to be secured by a [chattel mortgage] security agreement or other lien upon the personal property of the decedent, or any part thereof, or to be secured by a mortgage or deed of trust upon the real property of the decedent, or any part thereof, or to mortgage or give a deed of trust upon, or to [pledge or give] create a security interest or other lien upon, such property or any part thereof, in order to pay the debts of the decedent, or legacies, or expenses or charges of administration, or to pay, reduce, extend or renew some security interest or agreement or lien or mortgage or deed of trust already subsisting upon property of the estate, and as often as occasion therefor shall arise in the administration of the estate, the court may authorize, empower and direct the executor or administrator to borrow the money and to execute such note or notes, and, in a proper case, to execute such mortgage, or deed of trust, or to give other security by way of [pledge] security interest or other lien, or may authorize, in a proper case, the execution of an extension agreement.
κ1969 Statutes of Nevada, Page 4 (CHAPTER 4, SB 14)κ
property or any part thereof, in order to pay the debts of the decedent, or legacies, or expenses or charges of administration, or to pay, reduce, extend or renew some security interest or agreement or lien or mortgage or deed of trust already subsisting upon property of the estate, and as often as occasion therefor shall arise in the administration of the estate, the court may authorize, empower and direct the executor or administrator to borrow the money and to execute such note or notes, and, in a proper case, to execute such mortgage, or deed of trust, or to give other security by way of [pledge] security interest or other lien, or may authorize, in a proper case, the execution of an extension agreement.
2. When property of the estate consists of an undivided fractional interest in real or personal property, and it shall appear to be to the advantage of the estate to borrow money in order to improve, utilize, operate or preserve such property jointly with the other coowner or coowners, or in order to pay, reduce, extend or renew some [pledge,] security interest or agreement, lien, mortgage or deed of trust already subsisting upon all such property, including the other undivided interest or interests therein, the court may authorize, empower and direct the executor or administrator to borrow the money required for such purposes and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such joint and several note or notes as may be necessary, and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such [pledge,] security agreement, lien, mortgage or deed of trust as may be required to secure the payment of such note or notes.
3. To obtain such orders, the proceedings to be taken and the effect thereof shall be as provided in NRS 149.020, 149.030, 149.040 and 149.050.
Sec. 2. NRS 149.020 is hereby amended to read as follows:
149.020 1. The executor or administrator, or any person interested in the estate, shall file a verified petition showing:
(a) The particular purpose or purposes for which the order is sought.
(b) The necessity for or advantage to accrue from the order.
(c) The amount of money proposed to be raised, if any.
(d) The rate of interest to be paid.
(e) The length of time the note or notes are to run.
(f) A general description of the property proposed to be mortgaged or subjected to such deed of trust, security agreement or other lien.
2. The clerk shall set the petition for hearing by the court and give notice thereof for the period and in the manner required by NRS 155.010 and 155.020, or in the alternative give such notice as the court by order may require.
Sec. 3. NRS 149.030 is hereby amended to read as follows:
149.030 1. At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection thereto that may have been filed or presented; and if, after a full hearing, the court is satisfied that it will be to the advantage of the estate, it shall make an order authorizing and directing the executor or administrator to borrow the money and to execute such note or notes, and, in a proper case, to execute such mortgage or deed of trust, or to give other security by way of [pledge] security interest or other lien.
κ1969 Statutes of Nevada, Page 5 (CHAPTER 4, SB 14)κ
and, in a proper case, to execute such mortgage or deed of trust, or to give other security by way of [pledge] security interest or other lien.
2. The court may direct that a lesser amount than that named in the petition be borrowed, and may prescribe the maximum rate of interest and the period of the loan, and may direct in what coin or currency it shall be paid, and require that the interest and the whole or any part of the principal be paid, from time to time, out of the whole estate or any part thereof, and that the personal property to be [mortgaged or] subject to the security agreement or other lien, or any buildings on the premises to be mortgage or subject to the deed of trust, shall be insured for the further security of the lender, and the premiums paid from the assets of the estate.
3. A certified copy of the order shall be recorded in the office of the county recorder of every county in which the land affected by the order, or any portion thereof, lies.
Sec. 4. NRS 149.050 is hereby amended to read as follows:
149.050 1. Every mortgage, [pledge] security agreement or deed of trust so made shall be effectual to mortgage [, pledge] or subject to the security agreement or to the deed of trust all right, title, interest and estate which the decedent had in the property described therein at the time of his death or prior thereto and any right, title or interest in the property acquired by the estate of such decedent, by operation of law or otherwise, since the time of his death.
2. Jurisdiction of the court to administer the estate of such decedent shall be effectual to vest the court with jurisdiction to make the order for the note or notes, and mortgage, [pledge] security agreement or deed of trust, and such jurisdiction shall conclusively inure to the benefit of the mortgagee named in the mortgage, [pledgee] the secured party named in the security agreement or the trustee and beneficiary named in the deed of trust, his or their heirs, successors and assigns.
3. No omission, error or irregularity in the proceedings shall impair or invalidate the same or the note or notes, mortgage, [pledge] security agreement or deed of trust given in pursuance thereof, and the mortgagee, [pledgee] secured party or the trustee and beneficiary, their heirs, successors and assigns, shall have and possess the same rights and remedies on the note or notes, and mortgage, [pledge] security agreement or deed of trust as if it had been made by the decedent prior to his death, except that upon any foreclosure or sale under the mortgage, [pledge] security agreement or deed of trust, if the proceeds of the sale of the encumbered property are insufficient to pay the note or notes, the mortgage, [pledge] security agreement or deed of trust, and the costs or expenses of sale, no judgment shall be had or allowed, except in cases where the note or notes, mortgage, [pledge] security agreement or deed of trust were given to pay, reduce, extend or renew a lien or mortgage, [pledge,] security agreement or deed of trust subsisting at the time of the death of the decedent and the indebtedness secured thereby was an allowed and approved claim against the estate, in which case the part of the indebtedness remaining unsatisfied must be classed and paid with other allowed claims against the estate.
Sec. 5. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 6κ
Senate Bill No. 15Committee on Judiciary
CHAPTER 5
AN ACT to amend NRS 172.165, relating to the duty of grand jurors to declare their knowledge of the commission of a crime, by clarifying the language.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 172.165 is hereby amended to read as follows:
172.165 If a member of the grand jury knows or has reason to believe that a public offense has been committed, which is triable within the jurisdiction of [this court,] the district court which has impaneled such grand jury, he must declare such knowledge or belief to his fellow jurors, who shall thereupon investigate the alleged offense.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 17Committee on Judiciary
CHAPTER 6
AN ACT to amend NRS 209.280, relating to good behavior in prison, by correcting the tabulation of credits.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.280 is hereby amended to read as follows:
209.280 1. Every convict who shall have no infraction of the rules and regulations of the prison, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits shall be as shown in the following table:
SCHEDULE OF CREDITS
Number of
years of Good time Total good time Time to be served if
sentence. granted. made. full time is made.
1st year................. 2 months 2 months 10 months
2nd year................ 2 months 4 months 1 year, 8 months
3rd year................. 4 months 8 months 2 years, 4 months
4th year................. 4 months 1 year 3 years
5th year................. 5 months 1 year, 5 months 3 years, 7 months
6th year................. 5 months 1 year, 10 months 4 years, 2 months
7th year................. 5 months 2 years, 3 months 4 years, 9 months
8th year................. 5 months 2 years, 8 months 5 years, 4 months
9th year................. 5 months 3 years, 1 month 5 years, 11 months
10th year............... 5 months 3 years, 6 months 6 years, [5] 6 months
and so on through as many years as may be the term of the sentence.
κ1969 Statutes of Nevada, Page 7 (CHAPTER 6, SB 17)κ
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for convicts whose diligence in labor or study surpasses the general average and for convicts who donate their blood for charitable purposes.
4. Each convict shall be entitled to the deductions allowed by this section unless the board shall find that for misconduct or other cause reported by the warden he shall not receive them.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 18Committee on Judiciary
CHAPTER 7
AN ACT to amend NRS 213.185, relating to interstate compacts for supervision of parolees and probationers, by correcting the reference therein to federal law.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.185 is hereby amended to read as follows:
213.185 1. It is hereby declared that the term state as used in NRS 213.180 to 213.210, inclusive, means any one of the several states and the Commonwealth of Puerto Rico, the Virgin Island and the District of Columbia.
2. It is hereby recognized and further declared that pursuant to the consent and authorization contained in [Section 111(b) of Title 4 of the United States Code, as added by Public Law 970, 84th Congress, c. 941-2d Session,] 4 U.S.C. § 112 this state shall be a party to the Interstate Compact for the Supervision of Parolees and Probationers with any additional jurisdiction legally joining therein when such jurisdiction shall have enacted the compact in accordance with the terms thereof.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 20Committee on Judiciary
CHAPTER 8
AN ACT to amend NRS 281.010, relating to elected and appointed officers, by conforming the number of supreme court justices there listed to the number provided by NRS 2.010.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
κ1969 Statutes of Nevada, Page 8 (CHAPTER 8, SB 20)κ
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) [Three] Five justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) A superintendent of state printing.
(n) An inspector of mines.
(o) Other officers whose elections are provided for by law.
(p) For each county:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor.
(6) One county treasurer.
(7) One county surveyor.
(8) The number of county commissioners as provided by law.
(9) One county recorder, who shall be ex office county auditor.
(10) Justices of the peace.
(11) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 38Committee on Legislative Functions
CHAPTER 9
AN ACT increasing the number of authorized officers and employees of the senate.
[Approved February 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.130 is hereby amended to read as follows:
218.130 The officers and employees of the senate shall not exceed [17] 19 in number.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 9κ
Assembly Bill No. 50Committee on Government Affairs
CHAPTER 10
AN ACT vesting the state planning board with the power of eminent domain to acquire real property for the capitol complex at Carson City, Nevada.
[Approved February 4, 1969]
Whereas, The legislature of the State of Nevada has appropriated money for the acquisition of real property to constitute the capitol complex at Carson City, Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state planning board may acquire by the exercise of the power of eminent domain, in the manner provided by law for the condemnation by the state of private property for public use, any part of the real property comprising the capitol complex, Carson City, Ormsby County, Nevada, as described by section 1 of chapter 425, Statutes of Nevada 1965, at page 1146.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 16Committee on Judiciary
CHAPTER 11
AN ACT relating to criminal procedure; correcting erroneous internal references; altering language to reflect recent amendments; clarifying the language; and providing other matters properly relating thereto.
[Approved February 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.388 is hereby amended to read as follows:
178.388 1. The defendant shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this Title. A corporation may appear by counsel for all purposes.
2. In prosecutions for offenses not punishable by death, the defendants voluntary absence after the trial has been commenced in his presence shall not prevent continuing the trial to and including the return of the verdict.
3. In prosecutions for offenses punishable by fine or by imprisonment for not more than 1 year or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendants absence.
4. The defendants presence is not required at the settling of jury instructions. [or at a reduction of sentence under NRS 176.555.]
κ1969 Statutes of Nevada, Page 10 (CHAPTER 11, SB 16)κ
Sec. 2. NRS 178.440 is hereby amended to read as follows:
178.440 The clerk of the district court before which an examination shall have been conducted shall certify the costs [to the state controller, who is hereby authorized to issue his warrants therefor, or] to the board of county commissioners. [, as the case may be.]
Sec. 3. NRS 178.476 is hereby amended to read as follows:
178.476 When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:
1. With or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
2. Upon motion made after the expiration of the specified period permit the act to be done if the failure to act was the result of excusable neglect,
but the court may not extend the time for taking any action under NRS 176.515, 176.525, [176.555,] 177.066 or 177.175 except to the extent and under the conditions stated in such sections.
Sec. 4. NRS 178.488 is hereby amended to read as follows:
178.488 1. Bail may be allowed pending appeal or certiorari unless it appears that the appeal is frivolous or taken for delay.
2. Pending appeal to a district court, bail may be allowed by the trial justice, by the district court, or by any judge thereof, to run until final termination of the proceedings in all courts.
3. Pending appeal or certiorari to the supreme court, bail may be allowed by the district court or by any judge thereof or by the supreme court or by a justice thereof.
4. Any court or any judge or justice authorized to grant bail may at any time revoke the order admitting the defendant to bail.
5. The court or judge by whom bail may be ordered shall require such notice of the application therefor as he may deem reasonable to be given to the district attorney of the county in which the verdict or judgment was originally rendered.
Sec. 5. NRS 178.522 is hereby amended to read as follows:
178.522 1. When the condition of the bond has been [certified] satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail.
2. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.
Sec. 6. NRS 178.492 is hereby repealed.
Sec. 7. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 11κ
Assembly Bill No. 14Committee on Ways and Means
CHAPTER 12
AN ACT directing the state controller to transfer the money in a special revenue account entitled Probation Service Fee into the general fund.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller shall transfer all the money presently in the special revenue account with the state treasurer entitled Probation Service Fee and bearing account number 60-40405 into 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. 21Committee on Judiciary
CHAPTER 13
AN ACT to amend NRS 78.097, relating to the resignation of resident agents of corporations, by requiring the filing of written resignations with the secretary of state to make resignations effective.
[Approved February 11, 1969]
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] and who thereafter desires to resign shall 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. A resignation is not effective until the signed statement is filed with the secretary of state.
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 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.
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κ1969 Statutes of Nevada, Page 12κ
Assembly Bill No. 23Committee on Judiciary
CHAPTER 14
AN ACT to amend NRS 220.110, relating to contents of Nevada Revised Statutes, by excluding certain items therefrom; and providing other matters properly relating thereto.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 220.110 is hereby amended to read as follows:
220.110 Nevada Revised Statutes shall contain:
1. The Constitution of the United States.
2. The constitution of the State of Nevada.
3. The laws of this state of general application.
4. [Citations to decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision.
5. A digest of cases decided by the Nevada supreme court.
6.] A full and accurate index of the statute laws.
[7.] 5. Such annotations, historical notes, supreme court and district court rules and other information as the legislative counsel deems appropriate to include.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 24Committee on Judiciary
CHAPTER 15
AN ACT to amend NRS 205.500, relating to the theft and fraudulent use of credit cards, by clarifying the language concerning attempts.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.500 is hereby amended to read as follows:
205.500 1. As used in this section:
(a) Cardholder means the person or organization to whom a credit card is issued or for whose benefit it is issued.
(b) Credit card means any instrument, whether in the form of a card, booklet, plastic or metal substance, or the number or other identifying description thereof, which is sold, issued or otherwise distributed by a business organization or financial institution, for the use by the person or organization named thereon for obtaining on credit goods, property, services or anything of value.
2. Any person who:
(a) Steals, takes or removes a credit card from the person or possession of the cardholder, or who retains or secretes a credit card without the consent of the cardholder, with the intent of using, delivering, circulating or selling or causing such card to be used, delivered, circulated or sold without the consent of the cardholder, is guilty of a misdemeanor.
κ1969 Statutes of Nevada, Page 13 (CHAPTER 15, AB 24)κ
(b) Has in his possession or under his control or who receives from another person any forged, altered, counterfeited, fictitious or stolen credit card with the intent to use, deliver, circulate or sell it, or to permit or cause or procure it to be used, delivered, circulated or sold, knowing it to be forged, altered, counterfeited, fictitious or stolen, or who has or keeps in his possession any blank or unfinished credit card made in the form or similitude of any credit card, with such intent, is guilty of a misdemeanor.
(c) Has in his possession, or under his control, or who receives from another person a credit card with the intent to circulate or sell it, or to permit or cause or procure it to be used, delivered, circulated or sold, knowing such possession, control or receipt to be without the consent of the cardholder or issuer, is guilty of a misdemeanor.
(d) Delivers, circulates or sells a credit card which was obtained or is held by such person under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, or permits or causes or procures to be used, delivered, circulated or sold, knowing it to be obtained or held under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, is guilty of a misdemeanor.
(e) With intent to defraud, either forges, materially alters or counterfeits a credit card is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not less than $5,000, or by both fine and imprisonment.
(f) Knowingly uses or attempts to use for the purposes of obtaining, goods, property, services or anything of value a credit card which was obtained or is held by the user, under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, is also guilty where the total amount of goods, property or services or other things of value so obtained, or attempted to be obtained, by such person is:
(1) $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(2) Less than $100, of a misdemeanor.
3. Every person who knowingly and with intent to defraud uses for the purpose of obtaining, or attempting to obtain, goods, property or services, or anything of value, a credit card which has not been revoked or canceled by the issuer thereof (as distinguished from expired), and notice of such revocation or cancellation has been given to such person, is guilty where the total amount of goods, property or services or other things of value so obtained thereafter by such person is:
(a) $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Less than $100, of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 14κ
Assembly Bill No. 25Committee on Judiciary
CHAPTER 16
AN ACT to amend NRS 205.090, relating to forged instruments, by correcting the language of the penalty provision.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.090 is hereby amended to read as follows:
205.090 Every person who shall falsely make, alter, forge or counterfeit any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property or for the payment of any labor claim or claims, receipt for money or property, power of attorney, any auditors warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim or claims, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien, or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or shall counterfeit or forge the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate reside in or belong to this state or not, or shall utter, publish, pass, or attempt to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate, reside in this state or not, shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not [less] more than $5,000, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 15κ
Assembly Bill No. 27Committee on Judiciary
CHAPTER 17
AN ACT to amend NRS 179.223, relating to applications for criminal extradition, by clarifying the language to designate properly district attorneys and the state board of parole commissioners.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 179.223 is hereby amended to read as follows:
179.223 1. When the return to this state of a person charged with crime in this state is required, the [prosecuting] district attorney shall present to the governor his written application for a requisition for the return of the person charged in which application shall be stated:
(a) The name of the person so charged;
(b) The crime charged against him;
(c) The approximate time, place and circumstances of its commission;
(d) The state in which he is believed to be, including the location of the accused therein at the time the application is made; and
(e) A certification that, in the opinion of the [prosecuting] district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the [prosecuting] district attorney of the county in which the offense was committed, the [parole board,] state board of parole commissioners, or the warden of the institution or sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated:
(a) The name of the person;
(b) The crime of which he was convicted;
(c) The circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole; and
(d) The state in which he is believed to be, including the location of the person therein at the time application is made.
3. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The [prosecuting officer, parole board,] district attorney, state board of parole commissioners, warden or sheriff may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or the sentence shall be filed in the office of the secretary of state of the State of Nevada to remain of record in that office.
κ1969 Statutes of Nevada, Page 16 (CHAPTER 17, AB 27)κ
The other copies of all papers shall be forwarded with the governors requisition.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 28Committee on Judiciary
CHAPTER 18
AN ACT to amend NRS 128.070, relating to termination of parental rights, by providing for service of notice and petition; and providing other matters properly relating thereto.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 128.070 is hereby amended to read as follows:
128.070 1. When the father or mother of such minor child on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of [summons,] the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court or judge thereof, and it appears, either by affidavit or by a verified [complaint] petition on file, that [a cause of action exists against] the named father or mother in respect to whom the service is to be made [, and that he or she] is a necessary or proper party to the [action,] proceedings, such court or judge may grant an order that the service be made by the publication of [summons.] the notice of hearing. When the affidavit is based on the fact that the father or mother on whom service is to be made resides out of the state, and the present address of the father or mother is unknown, it shall be a sufficient showing of such fact if the affiant states generally in such affidavit that at a previous time such person resided out of this state in a certain place (naming the place and stating the latest date known to the affiant when such person so resided there); that such place is the last place in which such person resided to the knowledge of affiant; that such person no longer resides at such place; that affiant does not know the present place of residence of such person or where such person can be found; and that affiant does not know and has never been informed and has no reason to believe that such person now resides in this state; and, in such case, it shall be presumed that such person still resides and remains out of the state, and such affidavit shall be deemed to be a sufficient showing of due diligence to find the father or mother.
2. The order shall direct the publication to be made in a newspaper, to be designated by the court or judge thereof, for a period of 4 weeks, and at least once a week during such time. In case of publication, where the residence of a nonresident or absent father or mother is known, the court or judge shall also direct a copy of the [summons and complaint] notice of hearing and petition to be deposited in the post office, directed to the person to be served at his place of residence. When publication is ordered, personal service of a copy of the [summons and complaint,] notice of hearing and petition, out of the state, shall be equivalent to completed service by publication and deposit in the post office and the person so served shall have 20 days after such service to appear and answer or otherwise plead.
κ1969 Statutes of Nevada, Page 17 (CHAPTER 18, AB 28)κ
notice of hearing and petition, out of the state, shall be equivalent to completed service by publication and deposit in the post office and the person so served shall have 20 days after such service to appear and answer or otherwise plead. The service of [summons] the notice of hearing shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication, and in cases when a deposit of a copy of the [summons and complaint] notice of hearing and petition in the post office is also required, at the expiration of 4 weeks from such deposit.
3. Personal service outside the state upon a father or mother over the age of 18 years may be made in any action where the person served is a resident of this state. When such facts appear, by affidavit, to the satisfaction of the court or judge thereof, and it appears, either by affidavit or by a verified [complaint] petition on file, that [a cause of action exists against] the person in respect to whom the service is to be made [, and that he or she] is a necessary or proper party to the [action,] proceedings, such court or judge may grant an order that the service be made by personal service outside the state. Such service shall be made by delivering a copy of the [process] notice of hearing together with a copy of the [complaint] petition in person to the person served. The methods of service are cumulative, and may be utilized with, after or independently of other methods of service.
4. Whenever personal service cannot be made, the court may require, before ordering service by publication or by publication and mailing, such further and additional search to determine the whereabouts of a parent or parents as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice to a parent or parents shall be given whenever possible.
5. If one or both of the parents of such minor [be] is unknown, or if the name of either or both of his parents [be] is uncertain, then such facts shall be set forth in the affidavit and the court shall order the notice to be directed and addressed to either the father or the mother of such person, and to all persons claiming to be the father or mother of the person. Such notice, after the caption, shall be addressed substantially as follows: To the father [and/or] and mother of the above-named person, and to all persons claiming to be the father [and/or] or mother of such person.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 46Mr. McKissick
CHAPTER 19
AN ACT relating to service of process; deleting the requirement that the complaint be certified.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.030 is hereby amended to read as follows:
14.030 1. If any such company, association or municipal corporation shall fail to appoint such agent, or fail to file such certificate for 30 days after a vacancy occurs in such agency, on the production of a certificate of the secretary of state showing either fact, which certificate shall be conclusive evidence of the fact so certified to be made a part of the return of service, it shall be lawful to serve such company, association or municipal corporation with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any duly appointed and acting deputy secretary of state, and such service shall be valid to all intents and purposes.
κ1969 Statutes of Nevada, Page 18 (CHAPTER 19, AB 46)κ
after a vacancy occurs in such agency, on the production of a certificate of the secretary of state showing either fact, which certificate shall be conclusive evidence of the fact so certified to be made a part of the return of service, it shall be lawful to serve such company, association or municipal corporation with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any duly appointed and acting deputy secretary of state, and such service shall be valid to all intents and purposes.
2. In all cases of such service the defendant shall have 40 days (exclusive of the day of service) within which to answer or plead.
3. Before such service shall be authorized, the plaintiff shall make or cause to be made and filed an affidavit setting forth the facts, showing that due diligence has been used to ascertain the whereabouts of the officers of such company, association or municipal corporation, and the facts showing that direct or personal service on, or notice to, such corporation cannot be had.
4. If it shall appear from such affidavit that there is a last-known address of such company, association or municipal corporation, or any known officers thereof, the plaintiff shall, in addition to and after such service on the secretary of state, mail or cause to be mailed to such corporation, or to such known officer, at such address, by registered mail, a copy of the summons and a [certified] copy of the complaint, and in all such cases the defendant shall have 40 days from date of such mailing within which to appear in the action.
5. This section shall be construed as giving an additional mode and manner of serving process, and as not affecting the validity of any other valid service.
Sec. 2. NRS 14.080 is hereby amended to read as follows:
14.080 1. Any company, firm, partnership, corporation or association created and existing under the laws of any other state, territory, foreign government or the Government of the United States, which manufactures, produces, makes, markets or otherwise supplies directly or indirectly any product for distribution, sale or use in this state may be lawfully served with any legal process in any action to recover damages for injury to person or property resulting from such distribution, sale or use in this state in the manner prescribed in this section.
2. Service of process as authorized under the provisions of subsection 1 shall be accomplished:
(a) By delivering a copy of such process to the secretary of state; and
(b) By mailing to the last-known address of the company, firm, partnership, corporation or association, by registered mail return receipt requested, a copy of the summons and a [certified] copy of the complaint.
3. In all cases of such service the defendant shall have 40 days, exclusive of the day of service, within which to answer or plead.
4. This section provides an additional manner of serving process and does not invalidate any other service.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 19κ
Senate Bill No. 55Senator Pozzi
CHAPTER 20
AN ACT to amend NRS 286.520, relating to public employees retirement, by authorizing a retired employee to be employed by a political subdivision which is not participating in the retirement system; and providing other matters properly relating thereto.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.520 is hereby amended to read as follows:
286.520 1. Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada [,] which participates in the system, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada [,] which participates in the system, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.
2. Persons accepting or receiving the benefits of retirement compensation under this chapter may:
(a) Serve as legislators in this state or be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $2,400, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
3. Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
4. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.
5. Notwithstanding any other provisions of this section or chapter any retired person who is elected or appointed as a county commissioner, city councilman or legislator may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices.
κ1969 Statutes of Nevada, Page 20 (CHAPTER 20, SB 55)κ
any retired person who is elected or appointed as a county commissioner, city councilman or legislator may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 55Mr. Torvinen
CHAPTER 21
AN ACT relating to public offenses; clarifying that prosecutions in certain courts shall be by complaint; and providing other matters properly relating thereto.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 172.015 is hereby amended to read as follows:
172.015 Every public offense must be prosecuted by indictment or information, except:
1. Where proceedings are had for the removal of a civil officer.
2. Offenses arising in the militia when in actual service in time of war, or which this state may keep, with the consent of Congress, in time of peace.
3. Offenses tried in municipal or justices courts [.] , which shall be prosecuted by complaint.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 82Mr. Espinoza
CHAPTER 22
AN ACT relating to elections; prohibiting candidates from using, on the ballot, titles indicating their professions or occupations; and providing other matters properly relating thereto.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any election regulated by this chapter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 21κ
Assembly Bill No. 48Committee on Legislative Functions
CHAPTER 23
AN ACT relating to officers and employees of the legislature; creating additional employee positions in the assembly and providing rates of daily compensation for such positions; and providing other matters properly relating thereto.
[Approved February 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant secretary............................................................................................ $25
Clerks................................................................................................................... 12
Committee stenographer................................................................................... 22
History clerk........................................................................................................ 22
Journal clerk........................................................................................................ 22
Minute clerk........................................................................................................ 22
Page...................................................................................................................... 12
Secretary.............................................................................................................. 40
Sergeant-at-arms................................................................................................ 20
Stenographers.................................................................................................... 18
Supervisor [of clerks]........................................................................................ 16
Assembly
Assistant chief clerk.......................................................................................... $25
Assistant sergeant-at-arms.............................................................................. 18
Chief clerk............................................................................................................ 40
Clerks................................................................................................................... 12
Committee stenographer................................................................................... 22
History clerk........................................................................................................ 22
Journal clerk........................................................................................................ 22
Minute clerk........................................................................................................ 22
Pages.................................................................................................................... 12
Sergeant-at-arms................................................................................................ 20
Stenographers.................................................................................................... 18
Supervisor........................................................................................................... 22
Supply clerk........................................................................................................ 14
Typists................................................................................................................. 14
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 22κ
Assembly Bill No. 19Committee on Judiciary
CHAPTER 24
AN ACT to amend NRS 14.010, relating to actions affecting real property, by authorizing recordation of such actions pending in certain federal courts; and providing other matters properly relating thereto.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.010 is hereby amended to read as follows:
14.010 1. In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may file with the recorder of the county in which the property, or some part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the property, in that county affected thereby, and the defendant may also in such notice state the nature and extent of the relief claimed in the answer.
2. A notice of an action affecting real property, which action is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.
3. From the time of filing, only, shall the pendency of the action be constructive notice to a purchaser or incumbrancer of the property affected thereby; and in case of the foreclosure of such mortgage all purchasers or incumbrancers, by unrecorded deed or other instrument in writing made prior to the filing of such notice, and subsequent to the date of such mortgage, shall be deemed and held purchasers or incumbrancers subsequent to the filing of such notice, and subject thereto, unless they can show that at the time of filing the notice the plaintiff had actual notice of such purchase or incumbrance.
________
Assembly Bill No. 26Committee on Judiciary
CHAPTER 25
AN ACT to amend NRS 202.055, relating to the crime of providing intoxicating liquors to minors, by correcting the words alcoholic beverage to read intoxicating liquor; deleting references to imbeciles; and defining intoxicating liquor.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.055 is hereby amended to read as follows:
202.055 1. Every person who knowingly:
(a) Sells, gives or otherwise furnishes intoxicating liquors to any person under the age of 21 years [, or to any imbecile] ; or
κ1969 Statutes of Nevada, Page 23 (CHAPTER 25, AB 26)κ
(b) Leaves or deposits any intoxicating liquors in any place with the intent that the same shall be procured by any person under the age of 21 years [, or by any imbecile] ; or
(c) Furnishes, gives, or causes to be given any money or thing of value to any person under the age of 21 years with the knowledge that the money or thing of value is to be used by the person under the age of 21 years to purchase or procure any [alcoholic beverage,] intoxicating liquor,
is guilty of a misdemeanor.
2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under the age of 21 years. [or of the imbecile.]
3. As used in this section, intoxicating liquor means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid or solid, patented or not, containing one-half of 1 percent or more of alcohol by volume and which is used for beverage purposes.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 41Committee on Government Affairs
CHAPTER 26
AN ACT to amend NRS 412.152, relating to privileged communications of members of the Nevada National Guard, by correcting a clerical error.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 412.152 is hereby amended to read as follows:
412.152 1. The reports and communications of all members of the Nevada National Guard in the line of their military duty are privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of this state.
2. In [any] case any suit or action is brought against any member of the Nevada National Guard because of such reports or communications, the judge advocate or the attorney general of this state, or both of them, at the direction of the governor, shall appear in behalf of such member and defend the suit or action without cost to him.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 24κ
Assembly Bill No. 43Committee on Government Affairs
CHAPTER 27
AN ACT relating to general improvement districts; supplying omitted language and providing corrective language.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.0951 is hereby amended to read as follows:
318.0951 1. Each trustee elected at any biennial election shall be chosen by a plurality of the qualified electors of the district voting on the candidates for the vacancies to be filled.
2. If there are two regular terms which end on the [first] 1st Monday in January next following the biennial election, the two taxpaying electors receiving the highest and next highest number of votes shall respectively be elected. If there are three regular terms so ending, the three taxpaying electors receiving the highest, next highest and third highest number of votes shall respectively be elected.
3. If there is a vacancy in an unexpired regular term to be filled at the biennial election, as provided in subsection [4] 5 of NRS 318.090, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, shall be elected.
Sec. 2. NRS 318.170 is hereby amended to read as follows:
318.170 1. The board shall have the power, in connection with a district with basic powers relating to storm drainage facilities, sanitary sewer facilities, refuse collection and disposal facilities, and water facilities, or any combination thereof, to:
(a) Consult with the health division of the department of health, welfare and rehabilitation about any system or proposed system of drainage or sewage or garbage and other refuse collection and disposal as to the best method of disposing of the districts drainage or sewage or garbage and other refuse with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected thereby, and to submit to the health division for its advice and approval the districts proposed system of drainage or sewage or garbage and other refuse [,] disposal and collection, including without limitation both liquid wastes and solid wastes.
(b) Compel all owners of inhabited property in the district to use the districts system for the collection and disposal of sewage, garbage and other refuse, either as to liquid wastes, or solid wastes, or both liquid wastes and solid wastes, by [collection] connection with the districts sewer system or otherwise, except for industrial property for which arrangements have been made with local health authorities for the disposal of such wastes, subject to the provisions of paragraph (c).
(c) Cause a connection to such a system if a service line is brought by the district to a point within 400 feet of his dwelling place, and upon a failure of a property owner so to connect within 60 days after such written mailed notice by the board, to cause such connection to be made by other than an owner.
κ1969 Statutes of Nevada, Page 25 (CHAPTER 27, AB 43)κ
(d) Cause a lien to be filed against the property for expense incurred in making such a connection by other than an owner.
(e) Make and enforce all necessary and proper regulations for the removal of sewage, garbage or other refuse, and for the proper use of water within any such district.
(f) Make all other sanitary regulations not in conflict with the constitution or laws of this state, and to provide that any violation of any such regulations or ordinances shall be a misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed 1 month, or by both such fine and imprisonment.
2. No district shall proceed to acquire or improve any system of water supply, drainage or sewage disposal or garbage and other refuse collection and disposal without first obtaining the approval of the county board of health.
3. In this section the term drainage means rainfall, surface and subsoil water only, and sewage means domestic and industrial filth and waste.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 44Committee on Government Affairs
CHAPTER 28
AN ACT to amend NRS 19.030, relating to the fees of county clerks, by removing a redundant exemption; and providing other matters properly relating thereto.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.030 is hereby amended to read as follows:
19.030 1. [Except as provided in subsection 2, on] On the commencement of any civil action or proceeding in the district court, the county clerk of each county, in addition to any other fees now provided by law, shall charge and collect $15 from the party commencing such action or proceeding.
2. [The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada, the county, any city or town within the county, or any officer thereof in his official capacity.
3.] On or before the 1st Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to $15 per civil case commenced as provided in subsection 1, for the preceding calendar month, and the county treasurer shall place the same to the credit of the state fund. The county treasurer shall remit quarterly all such fees turned over to him by the county clerk to the state treasurer, to be placed by the state treasurer in the general fund of the state.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 26κ
Assembly Bill No. 45Committee on Government Affairs
CHAPTER 29
AN ACT to amend NRS 3.160, relating to missing volumes of Nevada statutes and reports, by deleting the provision for a receipt.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.160 is hereby amended to read as follows:
3.160 Upon the certification by any district judge of any judicial district or by the county clerk of any county to the secretary of state, certifying that certain volumes of Nevada statutes or Nevada Reports are missing from the library of any district judge, the secretary of state shall furnish, free of charge from the supply on hand, to the district judge or judges in any judicial district, the missing volumes of the Nevada statutes or Nevada Reports. The missing volumes shall be furnished for use by the district judge in the district judges library. [, and the secretary of state shall take the receipt of the incumbent judge for the volumes provided.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 68Committee on Elections
CHAPTER 30
AN ACT to amend NRS 244.025, relating to the election of boards of county commissioners, by deleting superfluous language.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.025 is hereby amended to read as follows:
244.025 1. County commissioners shall be elected by the qualified electors of their respective counties.
2. At the general election held in 1968 and at the general election every 4 years thereafter, two persons shall be elected to serve on the board of county commissioners for terms of 4 years.
3. At the general election held in 1970 and at the general election held every 4 years thereafter, one person shall be elected to serve on the board of county commissioners for a term of 4 years.
4. [Thereafter, at each general election, the office of county commissioner shall be filled for terms of 4 years in the order in which the terms of office expire.
5.] This section shall not apply to counties having a population of 50,000 or more.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 27κ
Assembly Bill No. 69Committee on Elections
CHAPTER 31
AN ACT relating to county commissioner districts; making changes required by the abolition of long and short terms of county commissioners.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.050 is hereby amended to read as follows:
244.050 1. Whenever a number of registered voters equal to 35 percent or more of the number of persons registered to vote at the last preceding general election in any county in this state having less than 50,000 population shall petition the board of county commissioners of their county to divide the county into three commissioner districts, the question shall be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. If a majority of the voters voting on such question approve the division, the board of county commissioners shall divide the county into three commissioner districts on or before the 1st Monday in July preceding each general election. Such division shall be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward shall be wholly within one of the commissioner districts herein provided for. Each commissioner district shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district.
2. [The commissioner designated in the statute as the long-term commissioner shall represent the district in which he resided when elected, and at the general election in 1894, and every 2 years thereafter, there shall be elected a commissioner from each of the remaining districts, one for the long term and one for the short term, as now provided by law.] The board of county commissioners shall provide by resolution for the dates of election of commissioners from newly created districts, in such manner as to secure the earliest representation of each district as the terms of incumbent commissioners expire.
3. The board of county commissioners shall cause to be published in some newspaper in the county, if there be one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. Such notice shall be posted or published for a period of not less than 20 days prior to each general election.
4. County commissioners shall be elected at large by the qualified electors of the county.
5. Such commissioner districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.
κ1969 Statutes of Nevada, Page 28 (CHAPTER 31, AB 69)κ
6. Upon the abolition of commissioner districts the incumbent county commissioners shall be entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners shall be elected at large from within the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 78Mrs. Mary Frazzini
CHAPTER 32
AN ACT relating to elections; permitting a voter to assist more than one disabled voter, at the discretion of the election board.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.290 is hereby amended to read as follows:
293.290 1. On receiving a ballot or admission authority, the registered voter shall retire to a booth or voting machine compartment. Except as provided in subsection 2, only one person may occupy a booth or compartment at one time, and no registered voter may remain in a booth more than 10 minutes or, except as provided in subsection 3, in a compartment more than 2 minutes. If any elector refuses to leave the booth or compartment after the lapse of the prescribed time, he shall be removed by the deputy sheriff.
2. Any registered voter who declares under oath that by reason of physical disability he is unable to mark a ballot or use a voting machine shall, at his request, be given assistance in stamping the ballot or using the voting machine by any registered voter he may designate, other than an election officer. The same registered voter may [not] assist more than one other registered voter [.] , at the discretion of the election board.
3. The county clerk may, by regulation applying to all polling places in his county for any one election, extend by a definite time the permitted occupancy of a compartment. He shall furnish a copy of any such regulation to the election board chairman of each precinct.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 40Committee on Government Affairs
CHAPTER 33
AN ACT relating to persons required to assist the state fire marshal; conforming the age at which they are eligible to retire with the provisions of the Public Employees Retirement Act; and providing other matters properly relating thereto.
[Approved February 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 477.015 is hereby amended to read as follows:
477.015 Nothing contained in this chapter or elsewhere in Nevada Revised Statutes shall be construed to authorize the state fire marshal or his deputies [or assistants] to retire from the public employees retirement system prior to having attained the minimum service retirement age of 60 years.
κ1969 Statutes of Nevada, Page 29 (CHAPTER 33, AB 40)κ
his deputies [or assistants] to retire from the public employees retirement system prior to having attained the minimum service retirement age of 60 years.
Sec. 2. NRS 477.040 is hereby amended to read as follows:
477.040 1. All municipal fire chiefs or their designated representatives of every city or town in which a fire department is established, the marshal or chief of police of any city or town in which no fire department exists, and the constables within their townships outside of cities and towns shall, [be] by virtue of the offices held by them, [assistants to] assist the state fire marshal without additional compensation, subject to the duties and obligations imposed by law.
2. Any of those persons who, under the provisions of subsection 1, are required to assist the state fire marshal, may, if otherwise eligible, retire from the public employees retirement system when they have attained the age of 55 years.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 31Committee on Judiciary
CHAPTER 34
AN ACT to amend NRS 573.175, relating to security agreements covering livestock, by deleting an obsolete reference to chattel mortgages.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 573.175 is hereby amended to read as follows:
573.175 No provision of this chapter shall impair the validity of any [chattel mortgage or other] security agreement.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 44Committee on Federal, State and Local Governments
CHAPTER 35
AN ACT to amend NRS 408.165, relating to the salary of the state highway engineer, by deleting obsolete language.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.165 is hereby amended to read as follows:
408.165 The engineer shall receive an annual salary in the amount specified in NRS 281.115, which shall be payable out of the state highway fund. [in equal semimonthly or biweekly installments, upon the authority of a certificate from the board, approved by the state board of examiners, evidencing the amount so fixed.]
κ1969 Statutes of Nevada, Page 30 (CHAPTER 35, SB 44)κ
authority of a certificate from the board, approved by the state board of examiners, evidencing the amount so fixed.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 45Committee on Federal, State and Local Governments
CHAPTER 36
AN ACT to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1210, is hereby amended to read as follows:
Section 7. City Registry Agent; Compensation. The [county clerk] registrar of voters of the county of Clark shall be ex officio registry agent for the city of North Las Vegas, and for such services performed as such agent shall be allowed by the city council and should be paid out of the funds of the city the prevailing rate per name for every elector registered.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 46Committee on Federal, State and Local Governments
CHAPTER 37
AN ACT directing the state land register to transfer by quitclaim deed to the city of Reno those certain premises known as Evans Park, situated in the city of Reno, Nevada.
[Approved February 17, 1969]
Whereas, On December 19, 1966, the city of Reno, a municipal corporation, situated in Washoe County, State of Nevada, acting through its duly authorized agent, the mayor, conveyed to the State of Nevada for the use and benefit of the Nevada historical society those certain premises known as Evans Park; and
Whereas, The Nevada historical society does not desire further to utilize such premises; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land register, on behalf of the State of Nevada and the Nevada historical society, is hereby directed to transfer by quitclaim deed to the city of Reno, those certain premises known as Evans Park, situate in the city of Reno, county of Washoe, State of Nevada, and bounded generally on the west by Lake Street, on the north by East Ninth Street, on the east by Evans Avenue and on the south by East Eighth Street, and which are more particularly described in the deed, dated December 19, 1966, and recorded on the same date in the records of the county recorder of Washoe County, by which such premises were conveyed by the city of Reno to the State of Nevada.
κ1969 Statutes of Nevada, Page 31 (CHAPTER 37, SB 46)κ
Park, situate in the city of Reno, county of Washoe, State of Nevada, and bounded generally on the west by Lake Street, on the north by East Ninth Street, on the east by Evans Avenue and on the south by East Eighth Street, and which are more particularly described in the deed, dated December 19, 1966, and recorded on the same date in the records of the county recorder of Washoe County, by which such premises were conveyed by the city of Reno to the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 50Committee on Federal, State and Local Governments
CHAPTER 38
AN ACT to repeal NRS 268.080, relating to franchises granted for packinghouses and similar businesses.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.080 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 51Committee on Federal, State and Local Governments
CHAPTER 39
AN ACT relating to standards of time; repealing obsolete statutes.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 237 of NRS and NRS 244.193 are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 54Committee on Federal, State and Local Governments
CHAPTER 40
AN ACT relating to the office of the governor; deleting statutory references to the abolished position of executive assistant to the governor.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.380 is hereby amended to read as follows:
218.380 The enrolled bill or resolution shall be delivered by the legislative counsel, or such person as he shall in writing designate, to the governor for his action, who may authorize [his executive assistant or legal counsel] a member of his staff to receive and receipt for the same in his name.
κ1969 Statutes of Nevada, Page 32 (CHAPTER 40, SB 54)κ
counsel] a member of his staff to receive and receipt for the same in his name.
Sec. 2. NRS 218.400 is hereby amended to read as follows:
218.400 1. As soon as an enrolled bill or joint resolution is delivered to the governor, [the governors executive assistant or other] any person duly authorized shall endorse by stamp, on the back of the enrolled copy of such bill or joint resolution, over his signature, from whom and which house received, the date and hour of receipt, the number of pages comprising the same, and shall compute and note thereon the time limit for action by the governor, excluding the day of receipt and Sundays, which shall not exceed the constitutional limit for such action.
2. Within such time limit the bill or joint resolution shall, if approved, be signed by the governor immediately after the signatures of the officials of both houses as follows:
STATE OF NEVADA
Executive Department
Approved
.......a.m.......p.m.
..............(month)...............(day)........(year)
.............................(Governor)
3. Immediately following such approval, without alteration or correction, the bill or joint resolution shall be deposited with the secretary of state, who shall endorse on the back thereof, following the endorsement of [the governors executive assistant or other person] such duly authorized [:] person:
Received and filed.
.............(hour)
.............(month)............(day)........(year)
.........................(Secretary of State)
Sec. 3. NRS 231.130 is hereby amended to read as follows:
231.130 The director shall not interfere with the functions of any other state agencies but shall be furnished from time to time, on request, with data and other information from such agencies records bearing on all matters relative to the objectives of the department. It is expected that the director shall avail himself of the records and assistance of the state planning board, the employment security department, the advisory mining board and the bureau of mines, the state forester firewarden, the state department of agriculture, the department of highways, the state board of fish and game commissioners, the state engineer, the director of the budget and the state board of finance, [the executive assistant to the governor,] and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.
Sec. 4. NRS 281.090 is hereby amended to read as follows:
281.090 Whenever [the executive assistant to the governor or] any deputy or clerk in any state office is appointed as clerk or secretary of any state board or commission by the board, commission or the legislature, he shall serve as such clerk or secretary without compensation unless compensation is specifically fixed by law.
κ1969 Statutes of Nevada, Page 33 (CHAPTER 40, SB 54)κ
he shall serve as such clerk or secretary without compensation unless compensation is specifically fixed by law.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 120Committee on Judiciary
CHAPTER 41
AN ACT relating to corporations; requiring the secretary of state to send notice of the resignation of the resident agent of a foreign corporation to an officer of such corporation.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.070 is hereby amended to read as follows:
80.070 1. A foreign corporation may change its resident agent by filing with the secretary of state a certificate revoking the appointment of such agent and designating a new resident agent, setting forth the name and complete address of such agent.
2. Any person who has been designated by a foreign 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.
3. Upon the filing of the statement provided for in subsection 2 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 [the corporation at its home office.] any officer of the corporation other than the resident agent.
4. If a designated resident agent dies, resigns or moves 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.
________
κ1969 Statutes of Nevada, Page 34κ
Assembly Bill No. 22Committee on Judiciary
CHAPTER 42
AN ACT relating to the penalties for unlawful conduct in the care of the mentally ill; to conform the penalties to related crimes and penalties; and providing other matters properly relating thereto.
[Approved February 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.630 is hereby amended to read as follows:
433.630 1. Any person or employee of the hospital [:] is guilty of a misdemeanor who:
(a) [Who willfully] Willfully abuses a patient of the hospital; or
(b) [Who brings] Brings intoxicating beverages into buildings occupied by patients; or
(c) [Who is] Is under the influence of liquor while employed in contact with patients; or
(d) [Who enters] Enters into any transaction with a committed patient involving the transfer of money or property for personal use or gain at the expense of such committed patient; or
(e) [Who contrives] Contrives the escape, elopement, or absence of a patient. [, or who has, or attempts to have carnal knowledge or intercourse with a patient, whether with or without the consent of such patient, and in all cases not constituting attempted rape, or rape,
shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both imprisonment and fine.]
2. Any person who is convicted of a misdemeanor under this section shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service, and, if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 2. NRS 433.739 is hereby amended to read as follows:
433.739 1. Any person who:
(a) Without probable cause for believing a person to be mentally ill, causes or conspires with or assists another to cause the hospitalization of any such person under NRS 433.645 to 433.739, inclusive; or
(b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to him under NRS 433.645 to 433.739, inclusive,
shall be punished by a fine not exceeding $5,000 or by imprisonment in the state prison for not less than 1 year nor more than [3] 6 years, or by both fine and imprisonment.
2. Any person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to NRS 433.645 to 433.739, inclusive, by which such person secures or attempts to secure the apprehension, hospitalization, detention or restraint of any such person alleged to be mentally ill, or any physician or psychiatrist who knowingly makes any false certificate or application pursuant to NRS 433.645 to 433.739, inclusive, as to the mental condition of any person, shall be punished by a fine not exceeding $5,000 or by imprisonment in the state prison for not less than 1 year nor more than [3] 6 years, or by both fine and imprisonment.
κ1969 Statutes of Nevada, Page 35 (CHAPTER 42, AB 22)κ
by imprisonment in the state prison for not less than 1 year nor more than [3] 6 years, or by both fine and imprisonment.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 57Clark County Delegation
CHAPTER 43
AN ACT appropriating money from the general fund in the state treasury for the support of the state planning board for the construction, equipping and furnishing of an interim office building at the University of Nevada, Las Vegas; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.
[Approved February 18, 1969]
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 for the support of the state planning board the sum of $363,600 for the construction, equipping and furnishing of an interim office building at the University of Nevada, Las Vegas.
Sec. 2. 1. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the building described in section 1 of this act.
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 accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act 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 the construction project designated in this act. Approved plans and specifications for such construction 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 part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of the project, 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. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 36κ
Senate Bill No. 157Committee on Finance
CHAPTER 44
AN ACT appropriating moneys from the general fund in the state treasury to the state planning board for the purpose of acquiring furnishings for the chemistry building at the University of Nevada, Las Vegas.
[Approved February 18, 1969]
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 state planning board the sum of $150,000 for the purpose of acquiring furnishings for the chemistry building at the University of Nevada, Las Vegas.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 3Senator Farr
CHAPTER 45
AN ACT concerning the City of Sparks, Nevada; authorizing the City of Sparks to utilize surplus municipal services center and fire department bond proceeds for city hall and police building projects; and providing other matters properly relating thereto.
[Approved February 18, 1969]
Whereas, The City of Sparks (the city) in the County of Washoe and State of Nevada has issued the following bonds:
1. The City of Sparks, Nevada, General Obligation Municipal Services Center Bonds, Series July 1, 1968, in the principal amount of $710,000 (the municipal services center bonds), for the construction, installation and other acquisition of municipal services center buildings, including without limitation storage and repair facilities for city-owned vehicles and city warehouse facilities, and equipment and furnishings for such buildings (the municipal services center project);
2. The City of Sparks, Nevada, General Obligation City Hall Buildings Complex Bonds, Series July 1, 1968, in the principal amount of $690,000 (the city hall bonds), for the construction, installation and other acquisition of a city hall buildings complex, including without limitation buildings for councils chambers and various executive and administrative offices, and equipment and furnishings for such buildings (the city hall project);
3. The City of Sparks, Nevada, General Obligation Police Building Bonds, Series July 1, 1968, in the principal amount of $860,000 (the police building bonds), for the construction, installation and other acquisition of a police building, including without limitation jail facilities therein, and equipment and furnishings for such building (the police building project); and
4. The City of Sparks, Nevada, General Obligation Fire Department Bonds, Series July 1, 1968, in the principal amount of $140,000 (the fire department bonds), for the construction, reconstruction, installation and other acquisition of fire department buildings, including without limitation the reconstruction of the old city hall into a central fire station and the construction of a training tower, and equipment and furnishings for such buildings (the fire department project); and
κ1969 Statutes of Nevada, Page 37 (CHAPTER 45, SB 3)κ
Bonds, Series July 1, 1968, in the principal amount of $140,000 (the fire department bonds), for the construction, reconstruction, installation and other acquisition of fire department buildings, including without limitation the reconstruction of the old city hall into a central fire station and the construction of a training tower, and equipment and furnishings for such buildings (the fire department project); and
Whereas, The city has a surplus in its municipal services center and fire department bond proceeds, and a deficit in the available funds for the city hall project and police building project; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city and the officers of the city are hereby authorized to make the following transfers:
1. The sum of $102,214 from the municipal services center bond fund into the city hall project construction fund;
2. The sum of $53,526 from the municipal services center bond fund into the police building project construction fund; and
3. The sum of $4,237 from the fire department bond fund into the police building project construction fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 9Committee on Judiciary
CHAPTER 46
AN ACT relating to marriage; broadening the provisions for authorizing the performance of marriages; and providing other matters properly relating thereto.
[Approved February 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.062 is hereby amended to read as follows:
122.062 1. Any licensed or ordained minister in good standing within his denomination, whose denomination, governing body and church, or any of them, are incorporated or organized or established in the State of Nevada, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if such minister first obtains a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister is retired shall not disqualify him from obtaining a certificate of permission to perform marriages if, prior to such retirement, he had active charge of a congregation within this state for a period of at least 3 years.
2. A temporary replacement for a licensed or ordained minister certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by the county clerk in the county in which he is a temporary replacement, for a period not to exceed 90 days.
κ1969 Statutes of Nevada, Page 38 (CHAPTER 46, SB 9)κ
authorized to do so by the county clerk in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister whom he temporarily replaces shall provide him with a written authorization which shall state the period of time during which it is effective.
3. Any chaplain who is assigned to duty in this state by the Armed Forces of the United States may solemnize marriages, if he obtains a certificate of permission to perform marriages from the county clerk of the county in which his duty station is located. The county clerk shall issue such certificate to a chaplain upon proof by him of his military status as a chaplain and of his assignment.
4. A county clerk may authorize a licensed or ordained minister whose congregation is in another state to perform one or more marriages in the county, if the county clerk satisfies himself that:
(a) The minister is in good standing with his denomination or church; and
(b) There is a relationship of consanguinity within the fourth degree between the minister and a member of each couple whose marriage he is to solemnize.
The authorization shall be in writing and shall limit the number of marriages to be performed, but need not be filed with any other public officer.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 10Committee on Judiciary
CHAPTER 47
AN ACT to amend NRS 108.833, relating to federal tax liens, by prohibiting fees for recording releases of certain federal tax liens; and providing other matters properly relating thereto.
[Approved February 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.833 is hereby amended to read as follows:
108.833 1. The filing officer shall charge and collect one fee of $6 for each notice of federal tax lien filed and indexed. This charge shall include the subsequent recording of a certificate of discharge, nonattachment, release or subordination of such lien. The filing officer shall not charge any fee for recording the release of any federal tax lien which was filed prior to March 26, 1967.
2. Notwithstanding any other provision of law, a county recorder shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice, not oftener than semimonthly, to the District Director of Internal Revenue for all fees accrued during the billing period, and shall pay over such fees to the county treasurer on or before the 5th day of the month following the month in which remittance of such fees is received from the District Director of Internal Revenue.
κ1969 Statutes of Nevada, Page 39 (CHAPTER 47, SB 10)κ
remittance of such fees is received from the District Director of Internal Revenue.
3. The secretary of state shall accept, file and index notices of federal tax lien filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit an invoice monthly to the District Director of Internal Revenue for all fees accrued during the billing period, and shall pay over such fees to the state treasurer for deposit in the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 49Committee on Federal, State and Local Governments
CHAPTER 48
AN ACT to amend NRS 269.217, relating to unincorporated towns, by authorizing town boards to enact vagrancy ordinances; and providing other matters properly relating thereto.
[Approved February 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.217 is hereby amended to read as follows:
269.217 In addition to the powers and jurisdiction conferred by other laws, the town boards or boards of county commissioners of the counties of this state are empowered to enact and enforce a vagrancy ordinance which conforms to the provisions of NRS 207.030.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 106Senators Swobe, Harris, Hug, Slattery and Young
CHAPTER 49
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 relating thereto, approved March 16, 1903, as amended.
[Approved February 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of article I of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and as last amended by chapter 242, Statutes of Nevada 1963, at page 413, is hereby amended to read as follows:
Section 2. 1. The city of Reno shall be divided into five wards which shall be as near equal in registered voters as can be conveniently provided.
κ1969 Statutes of Nevada, Page 40 (CHAPTER 49, SB 106)κ
shall be as near equal in registered voters as can be conveniently provided. [, and the territory comprising each ward shall be contiguous.] The boundaries of wards shall be established and changed by ordinance passed by a vote of at least five-sevenths of the councilmen. The boundaries of wards shall be changed whenever at the close of registration prior to each general state election at which a Representative in Congress is to be elected the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than fifteen percent (15%). No ordinance establishing or changing the boundaries of wards shall be passed or amended until the county clerk of Washoe County has certified that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 15 percent.
2. The territory comprising each ward shall be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any one ward of the city.
Sec. 2. Section 1 of article XII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and as last amended by chapter 242, Statutes of Nevada 1963, at page 415, is hereby amended to read as follows:
Section 1. 1. The legislative power of the city, except as hereinbefore provided, shall be vested in a city council, consisting of seven members, who shall hold office for the term of four years from and after the date of their election, except as provided in section 2 of this Article and section 1 of Article XVII. They shall be citizens of the state, bona fide residents and taxpayers in the city, and qualified electors of the wards in which they reside, whose names appear upon the official register as electors of such ward, and residents thereof, within the corporate limits of the [said] city. [; provided, that no person shall be eligible to the office of councilman, except for the office of councilman at large, who shall not have been an actual bona fide resident in such ward for the period of at least six months immediately preceding the date of such election.] No person is eligible to the office of councilman:
(a) From any ward, unless he has resided in such ward for at least 6 months immediately preceding the date of such election.
(b) At large, unless he has resided in the City of Reno for at least 6 months immediately preceding the date of such election.
2. At the first council meeting after each city general or council election, the council shall elect one from among their number who shall have the title of mayor. The mayor shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes, but shall have no regular administrative duties. The mayor shall enforce the rules of the city council for its own government and determine the order of business at meetings pursuant to such rules. The mayor shall be entitled to vote on all issues and shall vote last on roll call votes. The mayor shall have the power to take all proper measures for the preservation of the public peace, order and the suppression of riots, and all forms of public disturbance, for which purpose he is authorized to appoint extra policemen temporarily and without regard to the provisions of this charter relating to civil service, and to call upon the sheriff of the county, or, if such force is inadequate, to call upon the governor for aid and assistance.
κ1969 Statutes of Nevada, Page 41 (CHAPTER 49, SB 106)κ
relating to civil service, and to call upon the sheriff of the county, or, if such force is inadequate, to call upon the governor for aid and assistance.
3. At the same time, the council shall also elect one from among their number as assistant mayor, who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs he shall become mayor for the completion of the unexpired term.
4. The mayor and the assistant mayor shall be elected for a term of 2 years and either may be removed from such position only for cause after a public hearing by an affirmative vote of six members of the council.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 115Committee on Judiciary
CHAPTER 50
AN ACT relating to judgments; permitting recordation of a transcript of the original docket; and providing other matters properly relating thereto.
[Approved February 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 17.150 is hereby amended to read as follows:
17.150 1. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, noting thereon the hour and minutes of the day of such entry.
2. [An] A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward acquire, until the lien expires. The lien shall continue for 6 years from the date the judgment or decree was docketed, unless:
(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Civil Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases; or
(b) The judgment is satisfied; or
(c) The lien is otherwise discharged.
The time during which the execution of the judgment is suspended by appeal, action of the court or defendant shall not be counted in computing the time of expiration.
κ1969 Statutes of Nevada, Page 42 (CHAPTER 50, SB 115)κ
3. The abstract described in subsection 2 shall contain:
(a) Title of the court and cause, and the number of the action;
(b) Date of entry of the judgment or decree;
(c) Names of the judgment debtor and judgment creditor;
(d) Amount of the judgment or decree; and
(e) Where entered in the minutes or judgment docket.
Sec. 2. NRS 107.090 is hereby amended to read as follows:
107.090 1. As used in this section, a person with an interest means any person who has or claims any right, title or interest in, or lien or charge upon, the real property described in the deed of trust and as evidenced by [:
(a) Any] any document or instrument filed or recorded in the office of the county recorder of the county in which any part of the real property is situated. [; or
(b) Any judgment docketed by the county clerk as provided in NRS 17.150, wherein he is a judgment creditor.]
2. A person with an interest desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time subsequent to recordation of such deed of trust file in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of such notice of default or sale.
3. The request shall state the name and address of the person requesting copies of such notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation and the book and page where it is recorded.
4. The trustee or person authorized to record the notice of default shall, within 10 days of recordation of such notice, cause to be deposited in the United States mail an envelope, registered and with postage prepaid, containing a copy of such notice, addressed to each person who has filed a request for a copy of such notice.
5. The trustee or person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person who has filed a request for a copy of such notice.
6. No request for a copy of any notice filed under the provisions of this section shall affect the title to real property.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 43κ
Senate Bill No. 22Senator Farr
CHAPTER 51
AN ACT relating to public employees; prohibiting deductions from salaries of county, city, town and state employees for service as volunteer firemen during working hours.
[Approved February 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All county employees shall be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from county employment while acting as volunteer firemen of any regular organized and recognized fire department in the protection of life or property during working hours or fractions thereof which should otherwise have been devoted to county employment.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All employees of incorporated cities which have been organized either under general law or by special charter shall be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from city employment while acting as volunteer firemen of any regular organized and recognized fire department in the protection of life or property during working hours or fractions thereof which should otherwise have been devoted to city employment.
Sec. 3. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All employees of unincorporated towns shall be paid their salaries as fixed by law or ordinance without diminution on account of any time spent away from such town employment while acting as volunteer firemen of any regular organized and recognized fire department in the protection of life or property during working hours or fractions thereof which should otherwise have been devoted to town employment.
Sec. 4. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All employees, whether in the classified or in the unclassified service of the State of Nevada, shall be paid their salaries as fixed by law without diminution on account of any time spent away from such state employment while acting as volunteer firemen of any regular organized and recognized fire department in the protection of life or property during working hours or fractions thereof which should otherwise have been devoted to state employment.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 44κ
Senate Bill No. 32Senator Swobe
CHAPTER 52
AN ACT relating to the Lake Tahoe basin; establishing an interim regional planning agency; extending the authority of the state department of conservation and natural resources to acquire property by condemnation; making an appropriation; providing penalties; and providing other matters properly relating thereto.
[Approved February 19, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 37, inclusive, of this act.
Sec. 2. The legislature finds and declares that:
1. The waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.
2. By virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.
3. There is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, and to preserve the scenic beauty and recreational opportunities of the region.
4. For the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to adopt and enforce a regional plan of resource conservation and orderly development, to exercise effective environmental controls and to perform other essential functions.
Sec. 3. As used in sections 2 to 36, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in sections 4 to 9, inclusive, of this act.
Sec. 4. Agency means the Nevada Tahoe regional planning agency.
Sec. 5. Governing body means the governing body of the agency.
Sec. 6. Interim plan means the plan adopted pending adoption of the regional plan.
Sec. 7. Planning commission means the advisory planning commission.
Sec. 8. Region includes Lake Tahoe and the adjacent parts of the counties of Douglas, Ormsby, and Washoe lying within the Tahoe Basin in the State of Nevada. The region defined and described in this section shall be precisely delineated on official maps of the agency.
Sec. 9. Regional plan means the long-term general plan for the development of the region.
Sec. 10. 1. The Nevada Tahoe regional planning agency is hereby created as a separate legal entity.
2. The governing body of the agency shall consist of:
(a) Three members appointed respectively by the boards of county commissioners of Douglas, Ormsby, and Washoe counties. Any member so appointed shall be a resident of the county from which he is appointed and may be, but is not required to be:
κ1969 Statutes of Nevada, Page 45 (CHAPTER 52, SB 32)κ
so appointed shall be a resident of the county from which he is appointed and may be, but is not required to be:
(1) A member of the board which appoints him; and
(2) A resident of or the owner of real property in the region,
as each board of county commissioners may in its own discretion determine. The manner of selecting the person so to be appointed may be further prescribed by county ordinance. A person so appointed shall, before taking his seat on the governing body, disclose all his economic interests in the region, and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. If any board of county commissioners fails to make an appointment required by this paragraph within 30 days after the effective date of this act or the occurrence of a vacancy on the governing body, the governor shall make such appointment. The position of a member appointed by a board of county commissioners shall be deemed vacant if such member is absent from three consecutive meetings of the governing body in any calendar year.
(b) One member appointed by the governor of Nevada, who shall not be a resident of the region and shall represent the public at large.
(c) The director of the state department of conservation and natural resources or his designee.
Sec. 11. The term of office of the members of the governing body shall be at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years.
Sec. 12. The position of a member of the governing body is vacated upon his loss of any of the qualifications required for his appointment, and the appointing authority shall appoint a successor.
Sec. 13. The members of the agency shall serve without compensation, but are entitled to receive the per diem expense allowances and travel expenses provided by law for county and state employees, respectively. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by sections 2 to 36, inclusive, of this act, unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
Sec. 14. The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
Sec. 15. 1. The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law applicable to local governments at the time such meeting is held.
2. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date oftener than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
3. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date, place and agenda at least 5 days prior to the meeting.
κ1969 Statutes of Nevada, Page 46 (CHAPTER 52, SB 32)κ
be given by so publishing the date, place and agenda at least 5 days prior to the meeting.
Sec. 16. 1. A majority of the members of the governing body constitute a quorum for the transaction of the business of the agency. A majority vote of the members present shall be required to take action with respect to any matter. The vote of each member of the governing body shall be individually recorded.
2. The governing body may in other respects adopt its own rules of procedure.
Sec. 17. 1. The agency shall establish and maintain an office within the region. The agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of the State of Nevada shall be open to inspection and copying during regular office hours.
2. The agency shall be deemed to be a local government for the purposes of the Local Government Budget Act.
Sec. 18. The agency shall appoint an advisory planning commission, which shall include but shall not be limited to:
1. The chief planning officers of the counties of Douglas, Ormsby and Washoe;
2. The county health officer of Douglas County or his designee;
3. The county health officer of Washoe County or his designee;
4. The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation or his designee;
5. The executive officer of the Nevada Tahoe Regional Planning Agency, who shall act as chairman; and
6. At least two lay members, each of whom shall be a resident of the region.
Sec. 19. 1. The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and may employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under sections 2 to 36, inclusive, of this act or in accordance with any intergovernmental contracts or agreements which the agency may be responsible for administering.
2. The agency is a public employer for the purposes of chapter 286 of NRS, and a public agency for the purposes of chapter 287 of NRS.
Sec. 20. 1. In preparing each of the plans required by sections 21 to 24, inclusive, of this act and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing, which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subsection shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
2. The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance.
κ1969 Statutes of Nevada, Page 47 (CHAPTER 52, SB 32)κ
amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in subsection 1.
3. If a request is made for the amendment of the regional plan by:
(a) A political subdivision a part of whose territory would be affected by such amendment; or
(b) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 60 days after such request is delivered to the agency.
Sec. 21. Within 9 months after the formation of the agency, the planning commission shall recommend a regional plan. Within 12 months after the formation of the agency, the governing body shall adopt a regional plan. After adoption, the planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram or diagrams and text or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
Sec. 22. The regional plan shall include the following correlated elements:
1. A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities.
2. A transportation plan for the integrated development of a regional system of transportation, including but not limited to freeways, parkways, highways, transportation facilities, transit routes, waterways, navigation and aviation aids and facilities, and appurtenant terminals and facilities for the movement of people and goods within the region.
3. A conservation plan for the preservation, development, utilization and management of the scenic and other natural resources within the basin, including but not limited to soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
4. A recreation plan for the development, utilization and management of the recreational resources of the region, including but not limited to wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas and other recreational facilities.
5. A public services and facilities plan for the general location, scale and provision of public services and facilities which, by the nature of their function, size, extent and other characteristics, are necessary or appropriate for inclusion in the regional plan.
Sec. 23. 1. In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect, or are concerned with planning and development within, the region.
κ1969 Statutes of Nevada, Page 48 (CHAPTER 52, SB 32)κ
seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect, or are concerned with planning and development within, the region.
2. Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region but contiguous to its boundaries.
3. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private individuals.
Sec. 24. Within 60 days after the formation of the agency, the planning commission shall recommend a regional interim plan. Within 90 days after the formation of the agency, the governing body shall adopt a regional interim plan. The interim plan shall consist of statements of development policies, criteria and standards for planning and development, of plans or portions of plans, and projects and planning decisions, which the agency finds it necessary to adopt and administer on an interim basis in accordance with the substantive powers granted to it by sections 2 to 36, inclusive, of this act.
Sec. 25. The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan and interim plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
Sec. 26. 1. The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional and interim plans. Every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the basin, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory.
2. The regulations shall contain general, regional standards, including but not limited to the following:
(a) Water purity and clarity;
(b) Subdivision;
(c) Zoning;
(d) Tree removal;
(e) Solid waste disposal;
(f) Sewage disposal;
(g) Land fills, excavations, cuts and grading;
(h) Piers, harbors, breakwaters, channels and other shoreline developments;
(i) Waste disposal in shoreline areas;
(j) Waste disposal from boats;
(k) Mobile-home parks;
(l) House relocation;
(m) Outdoor advertising;
(n) Flood plain protection;
κ1969 Statutes of Nevada, Page 49 (CHAPTER 52, SB 32)κ
(o) Soil and sedimentation control;
(p) Air pollution; and
(q) Watershed protection.
3. Whenever possible without diminishing the effectiveness of the interim plan or the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the interim or regional plan.
Sec. 27. 1. Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region.
2. Except an ordinance adopting or amending the interim plan or the regional plan, an ordinance shall become effective not less than 60 days after its adoption.
3. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
Sec. 28. Interim regulations shall be adopted within 90 days from the formation of the agency and final regulations within 12 months after the formation of the agency.
Sec. 29. Every plan, ordinance, rule, regulation or policy adopted by the agency shall recognize as a permitted and conforming use any business or recreational establishment which is required by law of this state to be individually licensed by the state, if such business or establishment:
1. Was so licensed on February 5, 1968, or was licensed for a limited season during any part of the calendar year immediately preceding February 5, 1968.
2. Is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of such a business or establishment.
Sec. 30. 1. All ordinances, rules, regulations and policies adopted by the agency shall be enforced by the agency and by the counties. The appropriate courts of this state, each within its limits of territory and subject matter provided by law, are vested with jurisdiction over civil actions to which the agency is a party and criminal actions for violations of its ordinances.
2. The agency shall police the region to ensure compliance with the general plan and adopted ordinances, rules, regulations and policies. If it is found that the general plan, or ordinances, rules, regulations and policies, are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
Sec. 31. Violation of any ordinance of the agency is a misdemeanor.
Sec. 32. 1. Every public works project proposed to be constructed within the region shall be submitted to the agency for its review and recommendation as to conformity with the regional or interim plan.
2. Except as provided in subsection 3, a public works project shall not be constructed unless it has been approved by the agency.
3. If the public works project is proposed and is to be constructed by a department of this state, the agency shall submit its recommendations to the executive head of the department and to the governor, but the project may be constructed as approved by the executive head of the department.
κ1969 Statutes of Nevada, Page 50 (CHAPTER 52, SB 32)κ
to the executive head of the department and to the governor, but the project may be constructed as approved by the executive head of the department.
Sec. 33. Whenever under the provisions of section 32 of this act or any ordinance, rule, regulation or policy of the agency, the agency is required to review or approve any proposal, public or private, the agency shall take final action upon whether to approve, to require modification or to reject such proposal within 60 days after such proposal is delivered to the agency. If the agency does not take final action within 60 days, the proposal shall be deemed approved.
Sec. 34. 1. The agency may initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
2. Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
Sec. 35. 1. The agency may fix and collect reasonable fees for any services rendered by it.
2. The agency shall be strictly accountable to all participating bodies for all receipts and disbursements.
3. The agency may receive gifts, donations, subventions, grants and other financial aids and funds.
Sec. 36. 1. It is unlawful for any member of the governing body of the agency to be interested, directly or indirectly, in any contract made by him, or be a purchaser or be interested, directly or indirectly, in any purchase of a sale made by him in the discharge of his official duties.
2. All contracts made in violation of subsection 1 may be declared void at the instance of the agency, or of any other party interested in such contract, except the member prohibited from making or being interested in such contract.
3. Any person who violates the provisions of this section is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 37. 1. In the region of this state for which there has been created by sections 2 to 36, inclusive, of this act a regional planning agency, the powers conferred by this chapter upon any other authority are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency. The powers conferred by this chapter shall be exercised whenever appropriate in furtherance of a plan adopted by the regional planning agency.
2. Upon the adoption by a regional planning agency created by sections 2 to 36, inclusive, of this act of any regional plan or interim plan, any plan adopted pursuant to this chapter shall cease to be effective as to the territory embraced in such regional or interim plan. Each planning commission and governing body whose previously adopted plan is so affected shall, within 90 days after the effective date of the regional or interim plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.
κ1969 Statutes of Nevada, Page 51 (CHAPTER 52, SB 32)κ
Sec. 38. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the region of this state for which there has been created by sections 2 to 36, inclusive, of this act a regional planning agency, the powers of a county for the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 39. Chapter 266 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the region of this state for which there has been created by sections 2 to 36, inclusive, of this act a regional planning agency, the powers of a city incorporated under this chapter for the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 40. Chapter 267 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the region of this state for which there has been established by sections 2 to 36, inclusive, of this act a regional planning agency, the powers of a city organized under this chapter with respect to the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 41. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the region of this state for which there has been established by sections 2 to 36, inclusive, of this act a regional planning agency, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to the powers of such regional planning agency.
Sec. 42. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the region of this state for which there has been established by sections 2 to 36, inclusive, of this act a regional planning agency, the powers of an unincorporated town for the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 43. Chapter 309 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the region of this state for which there has been established by sections 2 to 36, inclusive, of this act a regional planning agency, the powers of any district organized or reorganized under this chapter with respect to the location and construction of all improvements are subordinate to the powers of such regional planning agency.
Sec. 44. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the region of this state for which there has been established by sections 2 to 36, inclusive, of this act a regional planning agency, the powers of any district organized, reorganized or required to reorganize under this chapter with respect to the location and construction of all improvements are subordinate to the powers of such regional planning agency.
Sec. 45. 1. There are hereby appropriated from the general fund in the state treasury for the support of the Nevada Tahoe regional planning agency the sums of:
κ1969 Statutes of Nevada, Page 52 (CHAPTER 52, SB 32)κ
(a) For the fiscal year ending June 30, 1969................................................ $20,000
(b) For the fiscal year ending June 30, 1970................................................ $25,000
(c) For the fiscal year ending June 30, 1971................................................ $25,000
2. The agency shall not encumber any unexpended balance of an appropriation for any fiscal year after the end of that fiscal year or the date of expiration of this act, whichever is earlier. Any such unexpended balance shall revert to the general fund 60 days after the date from which no further encumbrances may be made.
3. For each of the fiscal years ending respectively June 30, 1970, and June 30, 1971, each of the counties of Douglas, Ormsby and Washoe shall contribute for the support of the Nevada Tahoe Regional Planning Agency that proportion of $25,000 which the full cash value of taxable property within the region, as defined in section 8 of this act, bears to the full cash value of all taxable property within the region.
Sec. 46. Section 2 of chapter 11, Statutes of Nevada 1964, as amended by section 1 of chapter 121, Statutes of Nevada 1965, at page 219, is hereby amended to read as follows:
Section 2. 1. Notwithstanding the provisions of any other statute, and subject to the limitations contained in this act, the state department of conservation and natural resources, with the consent of the governor, may acquire real and personal property by exchange, lease, gift, grant, devise, purchase or by one or more condemnation proceedings brought in the name of the State of Nevada, and title to or any interest in real and personal property lying within the following described areas of Washoe, [and] Ormsby and Douglas Counties, Nevada, which the department deems necessary and proper for the extension, improvement or development of the state park system:
T. 16 N., R. 18 E.
Sec. 25, all;
Sec. 26, NE 1/4, E 1/2 SE 1/4, Lot 2 of NW 1/4, Lot 3 of SW 1/4, Lots 4 and 5 of SE 1/4;
Sec. 35, E 1/2 E 1/2, Lots 1 and 2 of NE 1/4, Lots 3 and 4 of SE 1/4;
Sec. 36, all.
T. 16 N., R. 19 E.
Sec. 19, E 1/2, Lot No. 1 of NW 1/4, Lot No. 1 of SW 1/4;
Sec. 20, all;
Sec. 28, SW 1/4, S 1/2 NW 1/4, NW 1/4 NW 1/4;
Sec. 29, all;
Sec. 30, E 1/2, Lots No. 1 and No. 2 of NW 1/4, Lots No. 1 and No. 2 of SW 1/4.
T. 15 N., R. 18 E.
Sec. 1, Lot No. 2 of NE 1/4;
Sec. 2, Lots No. 1 and No. 2 of NE 1/4, Lots 1, 2, 3 of NW 1/4, SE 1/4, Lots 4 and 5 of SW 1/4;
Sec. 12, NW 1/4 SW 1/4;
Sec. 13, SW 1/4 SE 1/4, SW 1/4;
Sec. 14, SE 1/4, E 1/2 SW 1/4, Lots 3 and 4 of SW 1/4, E 1/2 NE 1/4;
Sec. 22, all of fractional SE 1/4;
Sec. 23, all of fractional section;
Sec. 24, all;
κ1969 Statutes of Nevada, Page 53 (CHAPTER 52, SB 32)κ
Sec. 25, all;
Sec. 26, all;
Sec. 27, all of fractional section;
Sec. 33, Ormsby County, all of Lot 1 of SE 1/4;
Sec. 34, Ormsby County, all of fractional section;
Sec. 35, Ormsby County, all;
Sec. 36, Ormsby County, all.
T. 15 N., R. 19 E.
Sec. 4, Lots No. 1 and No. 2 of NE 1/4, Lots No. 1 and No. 2 of NW 1/4;
Sec. 5, Lot No. 2 of NE 1/4, Lots No. 1 and No. 2 of NW 1/4, SW 1/4;
Sec. 6, Lots No. 1 and No. 2 of NE 1/4, SE 1/4, Lots No. 1 and No. 2 of NW 1/4, N 1/2 of Lot No. 1 of SW 1/4;
Sec. 7, N 1/2 of Lot No. 2 of NW 1/4, Lot No. 1 of NW 1/4;
Sec. 19, Lots No. 1 and No. 2 of SW 1/4;
Sec. 30, Lot No. 2 of NW 1/4.
T. 14 N., R. 18 E.
Those portions of Sections 1 and 2 lying northerly and easterly of State Route 28 and northerly and westerly of State Route 3 (U.S. 50), in Douglas County.
T. 14 N., R. 19 E.
Those portions of Section 5 and 6 lying northerly and easterly of State Route 28 and northerly and westerly of State Route 3 (U.S. 50), in Douglas County.
All range references are to the Mount Diablo Base and Meridian.
2. The state department of conservation and natural resources shall not acquire any real or personal property lying within the areas of Washoe, [and] Ormsby and Douglas Counties, Nevada, described in subsection 1, by exchange, lease, purchase or by condemnation proceedings unless a portion of such real or personal property is contiguous to property owned or leased by the State of Nevada.
3. Before acquiring any real or personal property by exchange, lease or purchase, or before commencing a condemnation proceeding for acquisition, the state department of conservation and natural resources shall cause an appraisal to be made by [three qualified, disinterested appraisers, at least two of whom shall be members of the American Institute of Real Estate Appraisers,] at least one qualified, disinterested appraiser to determine the fair market value of such real or personal property. With the approval of the governor and the attorney general, the director of the department may employ one or two additional qualified, disinterested appraisers for this purpose. The department may acquire such real or personal property by exchange, lease or purchase for a price in excess of the fair market value so determined only after the state board of examiners finds, after conducting a public hearing, that such property is an integral part of and essential to the extension, improvement or development of the state park system and that such acquisition is in the best interest of the state. Notice of the public hearing shall be given by one publication in a newspaper printed in and having a general circulation in the county in which the property proposed to be acquired is located at least 20 days prior to the date set for the public hearing and shall contain:
κ1969 Statutes of Nevada, Page 54 (CHAPTER 52, SB 32)κ
(a) The legal description of the property to be acquired;
(b) The amount of the fair market value;
(c) The price the department proposes to pay for such property; and
(d) The date, time and place of the public hearing.
4. Proceedings for the condemnation of any real or personal property or any interest therein shall be taken under the provisions of chapter 37 of NRS relating to eminent domain, but no such proceedings shall be commenced by the state department of conservation and natural resources after [January 1, 1969.] May 1, 1971. Nothing herein contained shall be construed to affect any such proceedings which are pending on [January 1, 1969.] May 1, 1971. The department shall not commence any such proceedings unless:
(a) The provisions of subsection 3 relating to appraisals have been complied with;
(b) There is in the state parks and outdoor recreation acquisition and development fund an unencumbered balance which together with funds firmly committed for this purpose from competent private sources and from the Federal Land and Water Conservation Fund Act of 1964, Public Law 88-578 (78 Stat. 897), is equal to at least 120 percent of the fair market value of the property to be condemned as established by the required appraisal; and
(c) The director of the state department of conservation and natural resources has issued a declaration declaring that public interest and necessity require acquisition by the State of Nevada of the property or interest therein, described in the declaration, and that such acquisition is necessary and proper for the extension, improvement or development of the state park system.
5. The declaration of the director of the state department of conservation and natural resources shall be prima facie evidence:
(a) Of the public necessity of such proposed acquisition.
(b) That such real or personal property or interest therein is necessary therefor.
(c) That such proposed acquisition is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.
6. Nothing in this section shall be construed to limit the department in the exercise of the power of eminent domain herein granted to but one condemnation proceeding, it being the intention of the legislature that one or more such proceedings may, if necessary, be instituted for the acquisition of title to or any interest in real or personal property.
7. All legal actions in all courts brought under the provisions of this section to enforce the power of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.
Sec. 47. 1. This act shall become effective upon passage and approval.
2. Sections 1 to 44, inclusive, of this act shall expire by limitation upon the day when the governors of California and Nevada convene the governing body of the Tahoe Regional Planning Agency for its organization pursuant to the Tahoe Regional Planning Compact, but such expiration shall not affect:
κ1969 Statutes of Nevada, Page 55 (CHAPTER 52, SB 32)κ
governing body of the Tahoe Regional Planning Agency for its organization pursuant to the Tahoe Regional Planning Compact, but such expiration shall not affect:
(a) The validity of any ordinance, plan or regulation adopted by the Nevada Tahoe regional planning agency until it is specifically superseded by an ordinance, plan or regulation of the Tahoe Regional Planning Agency.
(b) Any contract made or legal proceeding undertaken by or against the Nevada Tahoe regional planning agency.
3. The Tahoe Regional Planning Agency may assume the benefits and obligations of any such contract, unless the contract otherwise provides, and may be substituted as a party in any such legal proceeding.
Sec. 48. If, at any time after sections 1 to 44, inclusive, of this act have expired by limitation, the State of California or the State of Nevada withdraws from the Tahoe Regional Planning Compact, sections 1 to 44, inclusive, of this act shall be revived on the effective date of such withdrawal, and shall thereafter be in full force and effect.
________
Senate Bill No. 23Senator Farr
CHAPTER 53
AN ACT to amend NRS 169.125, relating to peace officers, by including within the definition of peace officers the state fire marshal and his deputies.
[Approved February 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. 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;
6. Marshals and policemen of cities and towns;
7. Parole and probation officers;
8. Special investigators employed by the office of any district attorney or the attorney general;
9. Arson investigators for fire departments specially designated by the appointing authority; [and]
10. Members of the University of Nevada police department [.] ; and
11. The state fire marshal and his deputies.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 56κ
Senate Bill No. 4Senator Monroe
CHAPTER 54
AN ACT relating to the sale of real property by counties; providing procedures for such sale; and providing other matters properly relating thereto.
[Approved February 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be in the best interest of the county, it may:
(a) Sell such property at public auction, in the manner prescribed for the sale of real property on execution.
(b) Sell such property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of such property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which shall not exceed the normal commissions prevailing in the community at the time.
(c) Exchange such property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of such other real property will be in the best interest of the county.
2. Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS. In case of:
(a) A sale, such notice shall state the name of the licensed real estate broker handling the sale and shall invite interested persons to negotiate with him.
(b) An exchange, such notice shall call for offers of cash or exchange. The commission shall accept the highest and best offer.
3. If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and shall not sell or exchange it for less than the appraised value.
4. If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
Sec. 2. The legislature declares that its withdrawal from boards of county commissioners of their power to sell real property, through the repeal of former NRS 244.280, was inadvertent.
κ1969 Statutes of Nevada, Page 57 (CHAPTER 54, SB 4)κ
repeal of former NRS 244.280, was inadvertent. The legislature therefore ratifies and confirms any proceedings subsequent to such repeal and prior to the effective date of this act whereby any board of county commissioners undertook to sell real property in substantial compliance with the provisions of former NRS 244.280.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 40Committee on Federal, State and Local Governments
CHAPTER 55
AN ACT relating to unincorporated towns; modifying the procedure for adoption of ordinances by such towns governed by town boards; and providing other matters properly relating thereto.
[Approved February 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.155 is hereby amended to read as follows:
269.155 1. In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty to pass and adopt all ordinances, rules and regulations for any unincorporated town, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this chapter.
2. All ordinances shall be signed by the chairman of the town board and attested by the town clerk, or signed by the chairman of the board of county commissioners [,] and attested by the county clerk, and, except as provided in subsection 3, shall be published in full in a newspaper published in and having a general circulation in the county at least once a week for a period of 2 weeks before the same are effective.
3. Ordnances relating to the issuance of municipal securities (as that term is defined in the Local Government Securities Law) and ordinances adopting any specialized or uniform codes, including but not limited to building, electrical and plumbing codes, printed in book or pamphlet form, may be published by title only, together with the names of the members of the town board of the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before the same are effective. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the town clerk or the county clerk by all interested persons.
4. All ordinances of the town or city in force at the date of the assumption of the town board or board of county commissioners of the powers and duties conferred or imposed by this chapter, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by the board.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 58κ
Senate Bill No. 92Committee on Commerce
CHAPTER 56
AN ACT relating to taxation; permitting an election in payment of the premium tax on moneys accumulated for the purchase of annuities; and providing other matters properly relating thereto.
[Approved February 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.010 is hereby amended to read as follows:
686.010 1. Every insurance or annuity company or association of whatever description, except fraternal or labor insurance companies, or societies operating through the means of a lodge system or systems, insuring only their own members and their families, including insurance on descendants of members, doing an insurance or annuity business in this state, shall annually pay to the commissioner a tax of 2 percent upon the total premium income, including membership fees, payments on annuities or policy writing fees, from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks.
2. [Until January 1, 1964, the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.
3. On and after January 1, 1964, when] Funds accepted by a life insurer under an agreement which provides for an accumulation of funds to purchase annuities at future dates may, for the purposes of the tax imposed by this section, be considered as total premium income either upon receipt or upon the actual application of such funds to the purchase of annuities. Any interest credited to funds accumulated while under the latter alternative shall also be included in total premium income. Any funds taxed upon receipt, including any interest later credited thereto, shall not be subject to taxation upon the purchase of annuities. Each life insurer shall signify on its premium tax return to be filed in the calendar year 1969 its election between such two alternatives, and such election shall also apply to the premium tax returns filed in the three immediately preceding calendar years. An insurer shall not change such election without the consent of the commissioner. Any such funds taxed as total premium income are, if the funds are withdrawn before their actual application to the purchase of annuities, eligible to be included as return premiums under the provisions of subsection 1.
3. When by or pursuant to the laws of any other state or foreign country any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other material obligations, prohibitions or restrictions, are imposed upon Nevada insurers doing business, or which might seek to do business in, such other state or country, or upon agents of such insurers, which are in the aggregate in excess of such taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions directly imposed upon similar insurers of such other state or foreign country under the statutes of this state, so long as such laws continue in force or are so applied, the same obligations, prohibitions and restrictions of whatever kinds shall be imposed upon similar insurers of such other state or foreign country doing business in Nevada.
κ1969 Statutes of Nevada, Page 59 (CHAPTER 56, SB 92)κ
insurers of such other state or foreign country under the statutes of this state, so long as such laws continue in force or are so applied, the same obligations, prohibitions and restrictions of whatever kinds shall be imposed upon similar insurers of such other state or foreign country doing business in Nevada. Any tax, license or other obligation imposed by any city, county or political subdivision of a state or foreign country on Nevada insurers or their agents shall be deemed imposed by such state or foreign country within the meaning of this subsection. The provisions of this subsection shall not apply to ad valorem taxes on real or personal property or to personal income taxes.
4. For the purposes of this section the domicile of an alien insurer shall be the state in which is located its principal place of business in the United States.
5. All domestic insurance or annuity companies doing business in states in which such companies are not licensed and do not pay a premium tax shall pay the tax on such business to the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 63Committee on Health and Welfare
CHAPTER 57
AN ACT to repeal NRS 207.240, which prohibits pharmacists from sharing prescription moneys with physicians and others.
[Approved February 21, 1969]
Whereas, The Nevada legislature, meeting in regular session in 1967, enacted NRS 639.264, which makes it unlawful for pharmacists to offer rebates, refunds or commissions to any person as an inducement for referring prescriptions or customers and which substantially duplicates the provisions of NRS 207.240; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.240 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 41Committee on Federal, State and Local Governments
CHAPTER 58
AN ACT to amend NRS 318.095, relating to election of trustees for general improvement districts, by providing that nomination is a prerequisite to election; and providing other matters properly relating thereto.
[Approved February 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.095 is hereby amended to read as follows:
318.095 1. There shall be held in conjunction with the first general election in the county after the creation of the district and in conjunction with every general election thereafter an election to be known as the biennial election of the district.
κ1969 Statutes of Nevada, Page 60 (CHAPTER 58, SB 41)κ
with every general election thereafter an election to be known as the biennial election of the district.
2. At the first biennial election in any district organized or reorganized and operating under this chapter, and each fourth year thereafter, there shall be elected by the qualified electors of the district two taxpaying electors as members of the board to serve for terms of 4 years; at the second biennial election and each fourth year thereafter, there shall be so elected three taxpaying electors as members of the board to serve for terms of 4 years.
3. No later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall, not later than 30 days before any such election, certify such nominations to the county clerk of each county in which the district is located. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. Nomination [shall not be] is a prerequisite to election. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidates receiving the most votes shall be elected.
4. Any new member of the board shall qualify in the same manner as members of the first board qualify.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 62Committee on Government Affairs
CHAPTER 59
AN ACT relating to public works; permitting the state controller to transfer moneys from the general fund to state building construction project accounts in amounts up to 50 percent of the federal matching funds available to the state planning board for such projects.
[Approved February 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever properly approved claims payable out of a particular state building construction project account exceed the amount that is available in such project account, if the project is one which is financed in part by funds that are made available to the board by the United States or any of its agencies or instrumentalities, the state controller may transfer temporarily from the general fund to such project account such amount as may be required to pay such claims, but not more than 50 percent of the funds collectible from the United States for the particular project.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 61κ
Senate Bill No. 117Committee on Education
CHAPTER 60
AN ACT relating to the Western Regional Higher Education Compact; making correct references to the State of Hawaii where previously appeared the Territory of Hawaii; and providing other matters properly relating thereto.
[Approved February 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 397.010 is hereby amended to read as follows:
397.010 1. The governor is hereby authorized and directed to execute a compact on behalf of this state with each or all of the [12] 13 western states [and the Territory of Hawaii] for the purpose of cooperating with such states [and territory] in the formation of a Western Interstate Commission for Higher Education.
2. Notice of intention to withdraw from such compact shall be executed and transmitted by the governor.
Sec. 2. NRS 397.020 is hereby amended to read as follows:
397.020 The form and contents of such compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter:
Western Regional Higher Education Compact
The contracting states do hereby agree as follows:
ARTICLE 1
Whereas, The future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and
Whereas, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and
Whereas, It is believed that the Western States, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof;
Now, therefore, the States of Alaska, Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, [and] Wyoming, and [the Territory of] Hawaii do hereby covenant and agree as follows:
ARTICLE 2
Each of the compacting states [and territory] pledges to each of the other compacting states [and territory] faithful cooperation in carrying out all the purposes of this compact.
κ1969 Statutes of Nevada, Page 62 (CHAPTER 60, SB 117)κ
ARTICLE 3
The compacting states [and territory] hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state [and territory] and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states. [and territory.]
ARTICLE 4
The commission shall consist of three resident members from each compacting state. [or territory.] At all times one commissioner from each compacting state [or territory] shall be an educator engaged in the field of higher education in the state [or territory] from which he is appointed.
The commissioners from each state [and territory] shall be appointed by the governor thereof as provided by law in such state. [or territory.] Any commissioner may be removed or suspended from office as provided by the law of the state [or territory] from which he shall have been appointed.
The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.
ARTICLE 5
Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states. [and territory.]
One or more commissioners from a majority of the compacting states [and territory] shall constitute a quorum for the transaction of business.
Each compacting state [and territory] represented at any meeting of the commission is entitled to one vote.
ARTICLE 6
The commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.
The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.
κ1969 Statutes of Nevada, Page 63 (CHAPTER 60, SB 117)κ
ARTICLE 7
The commission shall adopt a seal and by-laws and shall adopt and promulgate rules and regulations for its management and control.
The commission may elect such committees as it deems necessary for the carrying out of its functions.
The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states [or territory] shall call additional meetings.
The commission shall submit a budget to the governor of each compacting state [and territory] at such time and for such period as may be required.
The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.
On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states [and territory] a report of its activities for the preceding calendar year.
The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state [or territory] or his designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states. [or territory.] The commission shall provide for an independent annual audit.
ARTICLE 8
It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states [or territory] as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states. [or territory.] The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.
For this purpose the commission may enter into contractual agreements-
(a) With the governing authority of any educational institution in the region, or with any compacting state, [or territory,] to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and
(b) With the governing authority of any educational institution in the region or with any compacting state [or territory] to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.
κ1969 Statutes of Nevada, Page 64 (CHAPTER 60, SB 117)κ
It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors Conference and to the legislatures of the compacting states. [and territory.] In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states, [and territory,] uniform legislation dealing with problems of higher education in the region.
For the purposes of this compact the word region shall be construed to mean the geographical limits of the several compacting states. [and territory.]
ARTICLE 9
The operating costs of the commission shall be apportioned equally among the compacting states. [and territory.]
ARTICLE 10
This compact shall become operative and binding immediately as to those states [and territories] adopting it whenever five or more of the states [or territories] of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territory adopting thereafter at the time of such adoption.
ARTICLE 11
This compact may be terminated at any time by consent of a majority of the compacting states. [and territory.] Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state [or territory] may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state [or territory] accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state [or territory] from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state [or territory] may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state [or territory] may be reinstated by application to and the approval by a majority vote of the commission.
ARTICLE 12
If any compacting state [or territory] shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.
κ1969 Statutes of Nevada, Page 65 (CHAPTER 60, SB 117)κ
with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.
Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state [or territory] by affirmative vote of three-fourths of the other member states. [or territory.]
Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 121Committee on Judiciary
CHAPTER 61
AN ACT relating to the canvass of the vote for presidential electors; establishing the date of such canvass; and providing other matters properly relating thereto.
[Approved February 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.395 is hereby amended to read as follows:
293.395 1. The board of county commissioners, after making the abstract of votes as provided in NRS 293.393, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract, and forthwith transmit the same to the secretary of state.
2. On the 4th Wednesday of November after each general election, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for the number of presidential electors to which this state may be entitled, United States Senator and Representative in Congress, members of the legislature elected from districts comprising more than one county, district and state officers, and for and against any question submitted.
3. The governor shall issue certificates of election to and commission the persons having the highest number of votes and shall also issue proclamations declaring the election of such persons.
Sec. 2. NRS 298.020 is hereby amended to read as follows:
298.020 1. Each political party in this state, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall, at the state convention of the political party held in that year, choose from the qualified electors, who are legally registered members of such political party, the number of presidential electors required by law and no more, who shall be nominated by the delegates at the state convention. Upon the nomination thereof, the chairman and the secretary of the convention shall certify the names and addresses of such nominees to the secretary of state, who shall record the names in his office as the presidential elector nominees of that political party.
κ1969 Statutes of Nevada, Page 66 (CHAPTER 61, SB 121)κ
such nominees to the secretary of state, who shall record the names in his office as the presidential elector nominees of that political party.
2. No presidential electors shall be nominated at the primary election. The names of the presidential elector nominees chosen at the state convention, as provided in subsection 1, shall not be placed upon the general election ballot, but the presidential elector nominees of the political party whose candidates for President and Vice President of the United States receive the highest number of votes shall be deemed the elected presidential electors and thereafter they shall perform the duties of presidential electors required by law and the Constitution of the United States.
3. [Upon the election of the presidential electors, the governor shall grant each of them a certificate and commission of election.
4.] The secretary of state shall give notice to each state convention of the qualified political parties of the required nomination and election of presidential electors provided in this section.
________
Assembly Bill No. 15Mrs. Frazzini
CHAPTER 62
AN ACT to amend NRS 632.090, relating to moneys collected by the state board of nursing, by allowing such moneys to be deposited in banks or savings and loan associations.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 632.090 is hereby amended to read as follows:
632.090 [1. All fees received by the board shall be paid to the executive secretary of the board, who shall deposit the same at the end of each month with the state treasurer.
2. The state treasurer shall place the money to the credit of a fund to be known as the state board of nursing fund. All money paid into this fund shall be held subject to withdrawal on order of the board for the purpose of meeting expenses necessarily incurred in the performance of the special duties imposed by this chapter and for the elevation of the standards of nursing care in this state, as the board may in its discretion direct.
3. All disbursements of money made pursuant to this chapter shall be made only on verified claims therefor.] All moneys received by the board under the provisions of this chapter shall be paid to the executive secretary of the board, who shall deposit such moneys in banks or savings and loan associations in the State of Nevada. Such moneys may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this chapter.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 67κ
Assembly Bill No. 34Messrs. McKissick, Close, Hilbrecht and Torvinen
CHAPTER 63
AN ACT relating to place of trial; repealing the requirement that actions against the State of Nevada be brought in Ormsby County; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 13.025 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 58Mr. Torvinen
CHAPTER 64
AN ACT relating to private corporations; requiring the filing of a certificate of any fictitious trade name; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 602.010 is hereby amended to read as follows:
602.010 Every person, corporation, firm and partnership conducting, carrying on or transacting business in this state under an assumed or fictitious name or designation which does not show the real name or names of the corporation or person or persons engaged or interested in such business, must file with the county clerk of each county in which the business is being carried on, or is intended to be carried on, a certificate containing the information required by NRS 602.020.
Sec. 2. NRS 602.020 is hereby amended to read as follows:
602.020 1. The certificate shall state:
(a) The name or names in full of the corporation or person or persons interested in, or conducting or carrying on, the business, or intended so to do, together with their respective places of residence.
(b) The fictitious or fanciful name under which the business is being carried on or is proposed to be carried on.
2. The certificate must be signed by an officer of the corporation or by each person interested in, or conducting or carrying on, such business, or intending so to do, and acknowledged before some officer authorized to take acknowledgments of conveyances of real property.
Sec. 3. NRS 602.030 is hereby amended to read as follows:
602.030 The certificate must be filed within 1 month after the commencement of business or after the formation of the corporation or partnership.
Sec. 4. NRS 602.050 is hereby amended to read as follows:
602.050 1. Every county clerk must keep, in alphabetical order, in a book or other suitable index provided for that purpose:
κ1969 Statutes of Nevada, Page 68 (CHAPTER 64, AB 58)κ
(a) A register of all the names of such corporations, businesses, or fanciful or fictitious designations, as shown in the certificates.
(b) [The] Unless it is a corporation, the name of each person shown to be interested in or a partner in such business.
2. Every county clerk shall charge for each corporate or firm name entered a fee of $1, which shall be full compensation for filing and registration.
Sec. 5. NRS 602.070 is hereby amended to read as follows:
602.070 No action may be commenced or maintained by any person, corporation, firm or partnership mentioned in NRS 602.010, nor by [his or their assignee,] as assignee of such person, corporation, firm or partnership, upon or on account of any contract made or transaction had under such fictitious or fanciful name or designation, nor upon or on account of any cause of action arising or growing out of the business so carried on under such name or designation, unless [he or they,] prior to the commencement thereof [, shall be filed] the certificate required by this chapter [.] has been filed.
Sec. 6. NRS 602.080 is hereby amended to read as follows:
602.080 [1. The provisions of this chapter shall not apply to corporations.
2.] Partnerships which were engaged in business prior to March 20, 1923, and which had complied with the provisions of chapter 40, Statutes of Nevada 1887, shall not be required to comply with the provisions of this chapter except as to subsequent changes in membership of the partnerships.
Sec. 7. NRS 602.090 is hereby amended to read as follows:
602.090 Any corporation or person or persons conducting, carrying on or transacting business in this state contrary to the provisions of this chapter, or without complying with the requirements of this chapter, [shall be] is guilty of a misdemeanor.
Sec. 8. Chapter 602 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any corporation conducting, carrying on or transacting business in this state under an assumed or fictitious name or designation on the effective date of this act shall within 30 days after the effective date of this act file the certificate required by NRS 602.010.
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κ1969 Statutes of Nevada, Page 69κ
Assembly Bill No. 60Committee on Government Affairs
CHAPTER 65
AN ACT relating to interstate waters; ratifying and approving the California-Nevada Interstate Compact; providing for compensation, subsistence and travel expenses of Nevada members of the compact commission; requiring state officers and agencies to cooperate with the commission; repealing provisions of NRS relating to the formulation of the compact; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 538 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The legislature of the State of Nevada hereby ratifies and approves the California-Nevada Interstate Compact as signed at Reno, Nevada, on July 25, 1968, by the commissioners of the State of Nevada, acting pursuant to the authority granted by the legislature of this state, and the commissioners representing the State of California, and approved by the representatives of the United States, which compact is quoted in full as follows:
ARTICLE I. PURPOSES
Consistent with the provisions of the authorization Acts of the State of California and the State of Nevada and the United States, the major purposes of this compact are to provide for the equitable apportionment of water between the two states; to promote interstate comity and to further intergovernmental cooperation; to protect and enhance existing economies; to remove causes of present and further controversies; to permit the orderly integrated and comprehensive development, use, conservation and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker River Basins.
ARTICLE II. DEFINITIONS
A. The terms California and Nevada shall mean respectively the State of California and the State of Nevada.
B. The term commission shall mean the administrative agency created by Article IV of this compact.
C. The term Lake Tahoe Basin shall mean the drainage area naturally tributary to Lake Tahoe including said Lake or to the Truckee River upstream from the Truckee River intersection with the western boundary of Section 12, Township 15 North, Range 16 East, Mount Diablo Base and Meridian.
D. The term Truckee River Basin shall mean the area which naturally drains into the Truckee River and its tributaries and into Pyramid Lake, excluding the Lake Tahoe Basin.
E. The term Carson River Basin shall mean the area which naturally drains into the Carson River and its tributaries and to the Carson River Sink, but excluding the Humboldt River drainage area.
κ1969 Statutes of Nevada, Page 70 (CHAPTER 65, AB 60)κ
F. The term Walker River Basin shall mean the area which naturally drains into the Walker River and/or Walker Lake upstream from the intersection of the river and/or lake in Mineral County, Nevada, with the northern township line of Tier 10 North, Mount Diablo Base Line.
G. Except as otherwise expressly provided in this compact the terms existing, present, and presently shall mean as of 1964.
H. The term effective date of the compact shall be the date on which the legislation provided for in Article XXII (1) and (2) shall become law.
I. Measured means the determination of the relevant amount of water in cubic feet per second or gallons per minute or acre-feet by the use of a current meter, rated weir, rated flume, pipeline water meter, computation from contour maps, or any other method which results in a reasonably accurate determination based on sound engineering practices.
ARTICLE III. SOVEREIGN RELATIONSHIP
A. Each state shall have jurisdiction to determine, pursuant to its own laws, the rights to the use of waters allocated to it herein. Each state will recognize and accept applications for such permits, licenses or other permissions as are required by the law of the state where the application is filed to enable the other state to utilize water allocated to such other state. This provision shall neither require nor prohibit the United States of America from complying with provisions of state law relating to the appropriation of water allocated to the states by this compact.
B. Each state shall cooperate with the other in securing to each the right to fully utilize the rights and privileges granted and waters allocated to each hereunder.
C. The use of water by the United States of America or any of its agencies, instrumentalities or wards shall be charged as a use by the state in which the use is made.
ARTICLE IV. THE CALIFORNIA-NEVADA COMPACT COMMISSION
A. Creation and Composition
1. There is hereby created an interstate compact commission to be designated as the California-Nevada Compact Commission herein referred to as the commission.
2. The commission shall consist of five members from each state and one member as representative of the United States chosen by the President of the United States who is hereby requested to appoint such a representative. The United States member shall be ex-officio chairman of the commission without vote and shall not be a domiciliary of or reside in either state.
(a) The California members of the commission shall consist of the Director of the Department of Water Resources of the State of California, and four (4) members appointed by the Governor of California, all of whom shall be residents of the State of California. One of the four members so appointed shall be a resident of the Lake Tahoe Basin, one shall be a resident of the Truckee River Basin, one shall be a resident of the Walker River Basin and one shall be a resident of the Carson River Basin.
κ1969 Statutes of Nevada, Page 71 (CHAPTER 65, AB 60)κ
be a resident of the Truckee River Basin, one shall be a resident of the Walker River Basin and one shall be a resident of the Carson River Basin.
(b) The Nevada members of the commission shall consist of the State Engineer of the State of Nevada (who additionally shall represent all Nevada areas not otherwise represented as herein provided), and four (4) members appointed by the Governor of Nevada, each of whom shall be a resident of the State of Nevada and represent a specific area therein as below defined, provided that the Governor shall not appoint any person a member of such commission if he determines that such person has a conflicting interest in California. One of the four members so appointed shall be a resident real property owner within and represent the Reno-Sparks metropolitan area (including adjacent agricultural area) and be fully qualified by knowledge and experience in connection with the water requirements and supply for such area; the other three members so appointed shall be representative of the common interests and goals of all water users of the area and each shall have broad practical experience in water management, and one shall be a resident real property owner within and represent the Walker River Basin in Nevada, another shall be a resident real property owner within and represent the Carson River Basin in Nevada upstream from Lahontan Reservoir, and the third shall be a resident real property owner within and represent the area within the Truckee-Carson Irrigation District in Nevada.
3. The term of office of the four members of the commission appointed by each Governor shall be four (4) years. The Governor of each state, upon appointment of the first members of the commission, shall designate one member of the commission to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Thereafter, members shall be appointed for the regular term of four years as the terms expire.
4. Interim vacancy, for whatever cause, in the office of any member of the commission shall be filled for the unexpired term in the same manner as hereinabove provided for regular appointment.
5. The appointed members of the California-Nevada Compact Commission shall be designated within ninety (90) days after the effective date of the compact. Within thirty (30) days after such members have been appointed and the federal representative designated, the commission shall meet and organize.
B. Finances
1. The salaries and the personal expenses of each member of the commission shall be paid by the government he represents. All other expenses which are incurred by the commission incident to the administration of this compact and which are not paid by the United States or by other funds received by the commission shall be born equally by the two states.
2. The commission shall adopt a budget covering the commissions estimate of its expenses for each of the following two fiscal years: Provided, that whenever the legislatures of both states appropriate funds on an annual basis the commission shall submit its budget on such annual basis. The commission shall submit said budget to the Governors of the two states for joint review and approval and to the President of the United States at the earliest date prescribed by the two states for submission of proposed budgets.
κ1969 Statutes of Nevada, Page 72 (CHAPTER 65, AB 60)κ
two states for joint review and approval and to the President of the United States at the earliest date prescribed by the two states for submission of proposed budgets. Each state shall appropriate one-half of the funds necessary to meet said budget requirements, which appropriations shall be made available to the commission as of July 1 of each fiscal year for such fiscal years operations. All unexpended and unencumbered funds from such appropriations shall be returned by the commission in equal proportions to the states to the credit of the state fund from which said appropriation was made. All receipts and disbursements of funds handled by the commission shall be subject to a joint audit by the states and the report of said audit shall be included, and become a part of the annual report of the commission.
3. The commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the constitution of said government. The commission shall not incur any obligations prior to the availability of funds adequate to meet the same.
4. The commission shall make and transmit to the Legislature and Governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.
C. Meetings and Voting
1. A quorum for any meeting of the commission shall consist of six members of the commission, provided that at least three members are present from each state.
2. All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, or involving litigation in which the commission is a party, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as the commission may see fit to establish.
3. Each state shall have but one vote and every decision, authorization, determination, order or other action shall require the concurring votes of both states, provided that no state shall vote on any action without the concurring vote of not less than three members of the commission from such state.
D. General Powers
The commission shall have power to:
1. Adopt, amend and revoke by-laws, rules and regulations and prescribe procedures for administration of the provisions of this compact.
2. Establish such offices as it deems necessary, and acquire and hold property either by purchase, lease or otherwise as may be necessary for the performance of its functions under this compact.
3. Employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the commission and shall not be considered to be employees of either state. The commission may establish workmens compensation benefits directly or by insurance. The commission is authorized to contribute to the cost of health and accident insurance for its employees to the same extent as either state contributes to the cost of such insurance for its employees.
κ1969 Statutes of Nevada, Page 73 (CHAPTER 65, AB 60)κ
accident insurance for its employees to the same extent as either state contributes to the cost of such insurance for its employees.
4. Perform all functions required of it by this compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state, federal or local agency or other entity or person.
5. Make such findings as are pertinent to this compact including but not limited to findings as to the quantities of water being used in either state, the amount of water available for use pursuant to the allocations made herein, and each states share of the waters allocated.
6. Install and maintain measuring devices of a type or types approved by the commission in any stream, lake, reservoir, ditch, pumping station or other diversion works on the Truckee, Carson or Walker Rivers or on Lake Tahoe, or on waters tributary thereto, or to require water users at their expense to install and maintain measuring devices, as the commission may determine necessary or proper to carry out the purposes or provisions of this compact. The execution and enforcement of such requirements concerning such measuring devices as shall be enacted by the commission shall be accomplished by the commission directly, or by such federal, state, local or other official or person as the commission may delegate, or by any other agency responsible to or representing a federal court.
7. Accept gifts of money or real property or anything of value.
8. Appoint a hearing examiner or examiners who may be members of the commission to conduct hearings and to make recommendations to the commission on any matter requiring a hearing and decision by the commission.
9. Obtain a right of access to all properties in the Lake Tahoe, Truckee River, Carson River and Walker River Basins whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce this right of access.
10. Take such action as it deems appropriate for the enforcement of the provisions of this compact.
11. Administer oaths or affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena which may be served anywhere within the territorial limits of the United States; said power to administer oaths and affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena may also be exercised by any hearing examiner appointed as provided in Subsection 8 of this Section D.
12. Contract with the appropriate agency of either state, including the retirement system, to provide retirement and other benefits to commission employees.
E. Whenever the public health or welfare is endangered, the commission may declare the existence of an emergency and, in such event, shall designate the location, nature, cause, area, extent and duration thereof. In the event of an emergency so declared, the commission may, with respect to all matters covered by this compact, do all things necessary, proper or convenient independently or in cooperation with any other agency, person, or entity, to initiate, carry on, and complete any and all remedial measures required to meet said emergency including the adoption and enforcement of any regulations and restrictions necessary for such purpose.
κ1969 Statutes of Nevada, Page 74 (CHAPTER 65, AB 60)κ
the adoption and enforcement of any regulations and restrictions necessary for such purpose.
ARTICLE V. LAKE TAHOE BASIN
A. The right of the United States or its agent to store waters in Lake Tahoe between elevations 6223.0 and 6229.1 feet (Lake Tahoe Datum) and to release said stored waters for beneficial uses downstream from Lake Tahoe Basin is hereby ratified and confirmed subject to the rights granted in Section D of this Article.
B. It is agreed by the states subject to the consent of the head of the federal agency having jurisdiction thereof, that an overflow weir of approximately 140 feet in length with a crest elevation of 6223.0 feet, Lake Tahoe Datum, upstream from the Lake Tahoe outlet gates shall be constructed and installed with necessary channel improvements within four years from the effective date of this compact provided that should the commission decide that it is in the best interest of each of the two states, it may extend such period for such additional period or periods as it may deem reasonable. The cost of this installation shall be borne by the States of California and Nevada in equal amounts. As used herein, Lake Tahoe Datum shall be measured with respect to the top surface of the hexagonal brass bolt 7/8 inch in diameter, projecting one inch from the vertical face of the southerly concrete abutement wall of the present existing Lake Tahoe dam, at approximately 3.2 feet below the top of the wall and approximately in line with the upstream ends of the cutwaters of the concrete piers between the sluiceways of the dam. This surface of the brass bolt is presumed for the purposes of the compact to have an elevation 6230.0 feet Lake Tahoe Datum, notwithstanding that it was determined by the U. S. Geological Survey on November 15, 1960, to be at an elevation of 6228.86 feet above sea level datum of 1929.
C. The storage rights in Lake Tahoe shall be operated alone or in conjunction with other reservoirs so as to minimize the period and duration of high and low water elevations in Lake Tahoe, provided that exchanges of water or releases between Lake Tahoe and other reservoirs shall not measurably impair the intended purpose of such reservoirs.
D. Upon construction of the overflow weir provided for in Section B of this Article, the total annual gross diversions for use within the Lake Tahoe Basin from all natural sources and under all water rights in said basin shall not exceed 34,000 acre-feet annually, of which 23,000 acre-feet annually is allocated to the State of California for use within said Basin, and 11,000 acre-feet annually is allocated to the State of Nevada for use within said Basin. After use of the water allocated herein, neither export of the water from the Lake Tahoe Basin nor the reuse thereof prior to its return to the Lake is prohibited. This allocation is conditioned upon the construction of the overflow weir; however, it is recognized that there may well be a period of time between the effective date of the compact and the construction of the overflow weir; during that period of time both states shall be permitted to use waters within the Lake Tahoe Basin subject to the same conditions, both as to place of use and amounts of use, as are provided in this Article V.
κ1969 Statutes of Nevada, Page 75 (CHAPTER 65, AB 60)κ
E. In addition to the other allocations made by this compact, transbasin diversions from the Lake Tahoe Basin in both states existing as of December 31, 1959, may be continued, to the extent that such diversions are recognized as vested rights under the laws of the state where each such diversion is made.
The diversion of a maximum of 3,000 acre-feet per annum from Marlette Lake for use in Nevada is hereby recognized as an existing transbasin diversion within the meaning of this Section E.
F. Pumping from Lake Tahoe Basin for the benefit of downstream users within the Truckee River Basin shall be permitted only in the event of a drouth emergency as declared by the commission to the extent required for domestic, municipal, and sanitary purposes, and when it is determined by the commission that all other water available for such uses is being so utilized. In the event of such declaration of emergency, use of this water for such purposes shall have priority over use of water for any other purpose downstream from Lake Tahoe Basin. Pumping shall be done under the control and supervision of the commission and water pumped shall not be charged to the allocation of water to the Lake Tahoe Basin made herein.
ARTICLE VI. TRUCKEE RIVER BASIN
The following allocations of water of the Truckee River and its tributaries, including Lake Tahoe releases, are hereby made in the following order of relative priority as between the states:
A. There is allocated to Nevada water for use on the Pyramid Lake Indian Reservation in amounts as provided in the 1944 Truckee River Decree (Final Decree in United States vs. Orr Ditch Company, et al. United States District Court for the District of Nevada, Equity No. A3). By appropriate court order, the United States, for and in behalf of the Pyramid Lake Indians shall have the right to change points of diversion, place, means, manner, or purpose of use of the water so allocated so far as such change may be made without injury to the allocations to either state.
B. There is allocated to California:
1. The right to divert within the Truckee River Basin in California 10,000 acre-feet of water per calendar year which may be stored in reservoirs at times when the flow in the channel of the Truckee River at the United States Geological Survey Gauging Station at or near the California-Nevada state line exceeds 500 cubic feet per section; provided that such diversions shall not in the aggregate exceed 2,500 acre-feet in any calendar month and the amount of such storage in any one reservoir, except Donner Lake, shall not exceed 500 acre-feet of active storage capacity.
2. The amount of water as decreed to the Sierra Valley Water Company by judgment in the case of United States vs. Sierra Valley Water Company, United States District Court for the Northern District of California, Civil No. 5597, as limited by said judgment.
3. Six thousand acre-fee of water annually from the conservation yield of Stampede Reservoir having a storage capacity of 225,000 acre-feet, subject to the execution of a contract or contracts therefor with the United States of America. California may divert all or any portion of said 6,000 acre-feet of conservation yield from Stampede Reservoir directly or by exchanges from any source on the Truckee River or its tributaries or from Lake Tahoe.
κ1969 Statutes of Nevada, Page 76 (CHAPTER 65, AB 60)κ
said 6,000 acre-feet of conservation yield from Stampede Reservoir directly or by exchanges from any source on the Truckee River or its tributaries or from Lake Tahoe. California shall be allowed to deplete this allocation provided that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.
4. If and when the water allocated to California in subparagraphs 1 and 3 of this Section and in Article V is being used, or such use appears imminent, the commission shall permit California to develop additional yields of water for use in California, either directly or by exchange subject to the following limitations:
(a) All existing beneficial uses of water in Nevada as determined by Nevada law as of that time together with the yield of Stampede Reservoir in excess of 6,000 acre-feet shall be recognized and not impaired by the development of such additional yield; provided however, that the maximum amount of water to be recognized as an existing beneficial use of water in Nevada for the Pyramid Lake Indian Reservation shall be as allocated by Section A of this Article together with any additional water used for domestic or municipal purposes on said reservation; provided further however, that the water allocated in Section A of this Article must first be put to beneficial use before any credit will be given for said additional waters to be used for domestic or municipal purposes.
(b) The right of the commission to permit Nevada to share in such additional yield upon participation by Nevada in bearing a proportionate cost of developing such additional yield.
C. The right to store in Prosser Creek Reservoir a maximum of 30,000 acre-feet of water annually with the priority as set forth in California State Water Rights permit 11666 and to release water therefrom as set forth in said permit and any license which may be issued thereunder is hereby recognized and confirmed.
D. There is allocated to Nevada all water in excess of the allocations made in Sections B and C of this Article.
ARTICLE VII. CARSON RIVER BASIN
The following allocations of water of the Carson River and tributaries are hereby made in the following order of priority as between States:
A. There is allocated to the State of California:
1. The right to divert from the natural flow of the West Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 5,600 acres, an aggregate flow of water equal to a thirty-day average of 3 c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100 acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 185 c.f.s. measured at the points of diversion.
Provided, however, diversions for use downstream from the western boundary of Section 34, Township 11 North, Range 19 East, Mount Diablo Base and Meridian, shall be subject to the following limitations:
κ1969 Statutes of Nevada, Page 77 (CHAPTER 65, AB 60)κ
(a) Whenever, after the first Monday in May or any day in that week or alternate weeks thereafter of any year the flow of the West Fork of the Carson River at said western boundary shall have fallen below 175 cubic feet per second, then, until October 31 next, water users in California who divert from the West Fork of the Carson River downstream from said western boundary shall rotate all or any portion of the natural flow of the West Fork of the Carson River necessary to satisfy the demand of Nevada lands with water users in Nevada every other week beginning with the week following that in which water is used in Nevada, and during each rotation period said California users shall be entitled to divert the natural flow of the West Fork of the Carson River during their rotation weeks.
(b) Rotation between water users in California and Nevada on the West Fork of the Carson River may be terminated in whole or in part upon approval of the commission for such termination, upon provision being made so that sufficient water is available by storage or exchange to assure that the water users in Nevada will receive at the same time the flow of water which would have been available to the Nevada water users under rotation.
(c) Stockwater, domestic water, and water for fire protection purposes may be diverted downstream from said western boundary from the natural flow of the West Fork of the Carson River at all times by owners of irrigation water rights in California whose lands are contiguous to the West Fork of the Carson River; provided, however, that such diversion shall be limited to the amounts actually required to deliver water for such purposes, and any excess over the amount so diverted shall be returned to the West Fork of the Carson River whenever practicable. Water diverted under this provision shall not be converted to any other use. The commission or its designee shall rule on any challenge relative to the necessity and amount of water required for such purposes.
2. The right to divert from the natural flow of the East Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 3,820 acres, an aggregate flow of water equal to a thirty day average of 3 c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that the 3 c.f.s. per 100 acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 115 c.f.s. measured at the points of diversion.
3. There is allocated to the State of California the right to store 2,000 acre-feet of water per annum within Alpine County for supplemental use on presently irrigated lands within said county adverse to Lahontan Reservoir but subject to all other existing uses in Nevada. Water stored pursuant to this section remaining at the end of the year shall be deemed to have been stored in the succeeding year.
B. There is allocated to the State of Nevada:
1. The right to divert water from the natural flow of the Carson River and its tributaries during the period commencing March 15 and ending October 31 of each year at the rate of 3 c.f.s. per 100 acres for use on presently irrigated lands in the area above Lahontan Reservoir determined to be approximately 41,320 acres.
κ1969 Statutes of Nevada, Page 78 (CHAPTER 65, AB 60)κ
determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a 30-day average for the area as a whole and shall not prevent greater rates of diversion for those areas that have an established greater use; provided that the aggregate diversion measured at the points of diversion shall not exceed 700 c.f.s. on the East Fork of the Carson River, 300 c.f.s. on the West Fork of the Carson River, and 220 c.f.s. on the Main Carson River below the confluence of the East and West Forks.
The combining and exchanging of the use of water between ditches and among users shall be permitted at all times and shall be required whenever necessary in order to obtain reasonable economy in the use of the water of the river or other streams, or in order to give to each ditch or user a more advantageous irrigation head.
2. Subject to allocations made in Subsection B.I and Section C of this Article, the right to divert water from the Carson River for irrigation use either by direct diversion or by storage in Lahontan Reservoir or other existing reservoirs for use on the Newlands Project.
C. There is allocated to each state the right to store water in existing reservoirs upstream from Lahontan Reservoir to the extent of existing capacity with the appropriate priority with respect to natural flow rights upstream from Lahontan Reservoir under applicable state law, and use such stored waters on the lands in each state to which the storage is appurtenant.
D. Present uses of water on National Forest Lands in the Toiyabe National Forest by or under the authority of the United States are hereby confirmed and shall be recognized by both states, with such priority as may be appropriate.
E. Additional yields shall be available for development under the currently authorized Washoe Project from water available in excess of existing beneficial uses recognized by Nevada Law, or under other new projects upon a determination by the commission that there is water available on the Carson River and its tributaries in excess of that required to satisfy existing beneficial uses in Nevada as determined by Nevada Law as of the time of authorization or construction of such new projects. Such additional yields shall be allocated between the states with equal priority, 20 percent of which shall be allocated to California and 80 percent to Nevada.
Each state shall have the right to participate in any development project by bearing a proportionate cost of such development. In the event that joint developments are found to be not feasible or desirable, each state may develop separately its proportionate share of the remaining water.
F. Except as provided by Article X of this compact, the waters of the Carson River shall not be used in areas outside the Carson River Basin.
ARTICLE VIII. WALKER RIVER BASIN
A. Allocations To Present Rights and Uses
1. Except as the rights of the Walker River Irrigation District may be limited by subsections 2 and 3 below, the provisions of the Decree in the case of United States v. Walker River Irrigation District, et al., United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, as amended by the Order of the Honorable A.
κ1969 Statutes of Nevada, Page 79 (CHAPTER 65, AB 60)κ
April 15, 1936, as amended by the Order of the Honorable A. F. St. Sure, dated April 24, 1940, hereafter called Decree C-125 are hereby recognized and confirmed.
2. The rights of the Walker River Irrigation District to store water of the West Walker River in Topaz Reservoir with a storage capacity of 59,000 acre-feet, under part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:
(a) The maximum quantity of water which can be diverted annually to storage is 85,000 acre-feet. No more than 85,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district annually. The 85,000 acre-feet amount so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in Decree C-125 acquired by said district prior to 1964. For the purpose of this provision annually means the period from November 1 through October 31 of the following year.
(b) The maximum rate of diversion to such reservoir under such rights is 1,000 c.f.s.
(c) For the purpose of determining the availability of water to satisfy rights junior to the Topaz Reservoir storage rights of the Walker River Irrigation District, or for division between the states as unused water, water which has been stored, or is available for storage in and can be physically diverted to such reservoir under such reservoir rights but is released or is allowed to pass through the reservoir and is not rediverted to use in Nevada, shall be deemed to have been held in storage; provided, that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.
3. The rights of the Walker River Irrigation District to store water of the East Walker River in Bridgeport Reservoir with a storage capacity of 42,000 acre-feet, under part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:
(a) The maximum quantity of water which can be diverted to storage in any year is 57,000 acre-feet. No more than 57,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district in any year. The 57,000 acre-feet amounts so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in said decree acquired by said district prior to 1964 except for water used under such rights prior to 1964 on lands owned by said district in Bridgeport Valley. For the purpose of this provision year means the period from November 1 of one calendar year to October 31 of the following calendar year.
(b) Water of the East Walker River and its tributaries may, adversely to the Bridgeport Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.
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under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.
4. (a) There is allocated to each state respectively the amount of existing diversions and uses of water of the Walker River Basin diverted upstream from Weber Reservoir and not specifically covered in Decree C-125, provided, that this allocation shall not include water distributed under the historical administration of Decree C-125 in excess of the rights set forth in Decree C-125 to lands having rights thereunder. In making this allocation, it is recognized that the amounts of water allocated and the respective priorities are not presently known with certainty. The commission shall as soon as practicable after its effectuation provide for an investigation, either with its own staff or by other agencies or persons, to ascertain with certainty the amounts of water and priorities of such uses. As between the respective states, the priorities shall be determined as follows: In cases of use not under state-recognized rights, the priorities shall be the date of initiation of use; in cases of use under state-recognized rights, the priorities shall be as provided under the law of the state where the diversion is made. Upon approval by the commission, the results of the investigation shall be binding as to the allocation to each state hereunder.
(b) In addition to rights recognized in Subsection A.1 of this Article there is allocated to Nevada for use on the Walker River Indian Reservation a maximum of 13,000 acre-feet per year for storage in Weber Reservoir and later rediversion to use and in addition 9,450 acre-feet per year to be diverted from natural flow. Both allocations shall have a priority of 1933. The season for diversion of water to storage shall be from November 1 to October 31 of the following year. The season for diversion of water directly for use shall be from March 1 to October 31 and at a maximum rate of 60 cubic feet per second. For the purpose of determining the availability of water to satisfy rights junior to this allocation or for division between the states as unused water, water which has been stored, or which can be physically stored or diverted to use under this allocation but is released or is allowed to pass through Weber Reservoir and is not rediverted to use on the Walker River Indian Reservation, shall be deemed to have been held in storage or used; provided, that the foregoing shall not apply to the extent that the appropriate representative of said reservation with the concurrence of the watermaster determines prior to the release or passing through of such water from Weber Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Weber Reservoir as a means of protecting lands in Nevada against flood damage later in the year; provided, further, that the foregoing shall not apply to passage of water of inferior quality to the extent that such passage may be necessary to maintain the water of suitable quality for irrigation on said reservation as determined by the commission.
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Water of the Walker River and its tributaries may, adversely to the Weber Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.
5. In addition to rights recognized in Subsections A.1 and A.4(a) above, there is allocated to California water of the West Walker River as follows:
(a) When all direct diversion rights under Decree C-125 are being satisfied and simultaneously water of the West Walker River is being diverted to storage pursuant to the Topaz Reservoir storage rights recognized and confirmed in Subsection 2 of this Section A, but there is not flow in excess of that required to fully satisfy Topaz Reservoir storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope Valley lands are entitled under Decree C-125 shall be permitted by the watermaster for such periods and in such amounts as, in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.
(b) Such excess diversions may be used only on Antelope Valley lands entitled to water under Decree C-125 which can be served from the ditch systems existing as of the effective date of this compact.
(c) The allocation in this Subsection 5 shall terminate after construction of a new major storage project on the West Walker River upstream from Antelope Valley.
B. Allocation of Unused Water
1. The term unused water includes all waters of the Walker River and its tributaries in excess of the amounts allocated, or required for satisfaction of rights and uses recognized and confirmed, as provided under Section A of this Article VIII, except that there shall be excluded therefrom natural flow which is not physically available above the head of Mason Valley. There is allocated to the State of California 35 percent of such unused water, and there is allocated to the State of Nevada 65 percent of such unused water. The allocation to each state provided herein in this Subsection B.1 shall be equal in priority.
(a) The reregulation by storage of waters allocated for storage shall not be considered as the development of unused water.
2. Neither state shall be precluded from constructing works for the control, use and development of the water allocated pursuant to Subsection B.1 of this Article for optimum use of water.
3. While separate development may be undertaken by either state for surface storage of unused water of the West Walker River so allocated, the State Engineer of the State of Nevada and the Department of Water Resources of the State of California shall cooperate in a joint review of all potential developments of unused water of the West Walker River so allocated in Subsection B.1 of this Article VIII and shall prepare and present a report of the benefits to be obtained, and other relevant data from each such development to the commission or if the commission has not yet become operative, to the joint commission which negotiated this compact, at a public hearing or hearings held at times and places within the Walker River Basin set by the commission or said joint commission.
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potential developments of unused water of the West Walker River so allocated in Subsection B.1 of this Article VIII and shall prepare and present a report of the benefits to be obtained, and other relevant data from each such development to the commission or if the commission has not yet become operative, to the joint commission which negotiated this compact, at a public hearing or hearings held at times and places within the Walker River Basin set by the commission or said joint commission. Said report shall be submitted not later than July 1, 1969.
(a) Should a separate surface storage project or projects be constructed in Nevada to develop Nevadas share of the unused water of the West Walker River, California may thereafter store and use said unused water allocated to Nevada adverse to such Nevada storage projects, provided that, without charge to Nevada, California makes available for consumptive use in Nevada, water in the same amounts, at the same times, and in the same places as would have been available for use in Nevada from such Nevada storage projects had California not so stored and used said unused water allocated to Nevada; and provided further that Nevada shall not be deprived of water required for: (1) maintenance of a minimum reservoir level for the preservation of fish life and (2) nonconsumptive uses which are found by the commission to be in the public interest of the Walker River Basin as a whole.
(b) From time to time after construction of each surface storage project upstream from Topaz Reservoir, for development of the unused water allocated herein, the commission shall determine the amounts of water which may be diverted and used in each state pursuant to its allocation as the result of the construction and operation of such project. In making such determination the commission shall compute any increase of yield of previously constructed reservoirs which may result from operation of such project constructed to develop unused water and shall include such increase in the amounts of water which may be diverted and used in each of the two states pursuant to its allocation of unused water.
4. Return flow to the Walker River or its tributaries from any source shall be deemed to be natural flow.
5. Unused water shall be used only:
(a) Within the Walker River Basin;
(b) Within the portion of Artesia Lake Basin south of the northern township line of Tier 12 North and west of a line one mile east of the eastern Range Line of Range 23 East, Mount Diablo Base Line and Meridian;
(c) Within the portion of Mason Valley and Adrian Valley south of the northern township line of Tier 15 North, Mount Diablo Base Line;
(d) Within the area tributary to Topaz Lake; or
(e) Any combination of the above areas.
C. Watermaster
1. A single watermaster shall have the responsibility and power to administer: (a) all rights and uses of water of the Walker River Basin recognized in Section A of this Article VIII, including rights under Decree C-125, (b) the allocation between the states provided for in this compact of water of the Walker River Basin in excess of that necessary to satisfy such rights and uses, and (c) all rights acquired to use water so allocated.
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2. The watermaster shall be nominated by the commission as soon as practicable after this compact goes into effect, but his appointment shall not become effective until approved and confirmed by the Federal District Court for the District of Nevada, it being the intent of this compact that only a person satisfactory to both the commission and said court be the watermaster under this compact and under Decree C-125. At any time either the commission or said court may terminate the appointment of the person serving as watermaster by adopting an appropriate resolution or order, and notifying the other and the watermaster thereof. When a vacancy occurs by such action or by the death or resignation of the person serving as watermaster, a successor shall be selected by the same procedure as provided for the original appointment.
3. Until appointment of the watermaster becomes effective by approval and confirmation of said court, either as to the original selection of the watermaster or subsequent selections to fill a vacancy, a person designated by the commission shall have interim responsibility and power to administer the allocation between the states referred to in Subsection 1(b) above and all rights and uses other than the rights under Decree C-125, and the rights and uses under Decree C-125 shall be administered on an interim basis as may be provided by said court.
4. Actions and decisions of the watermaster as to the administration of the rights under Decree C-125 shall be subject to review and modification by said court. Actions and decisions of the watermaster as to the administration of the allocation between the states referred to in Subsection 1(b) above and of all rights and uses other than rights under Decree C-125 shall be subject to review and modification by the commission.
5. Said court is requested to appoint a six-member advisory board composed of one person each representing: (1) the East Walker River Basin in California, (2) the West Walker River Basin in California, (3) the East Walker River Basin in Nevada, (4) the West Walker River Basin in Nevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker River Indian Reservation. The watermaster shall prepare an annual budget of proposed expenditures for personnel, equipment, supplies, and other purposes deemed by him to be necessary to carry out his functions. In the formulation of said budget the watermaster shall consult with said advisory board. In the event that said advisory board is not in agreement with the budget proposed by the watermaster, it shall so advise said court. Said budget shall require approval of both the commission and said court to become effective.
6. The expenditures attributable to administration of the rights under Decree C-125 shall be apportioned and collected in accordance with orders of said court. The expenditures attributable to administration of all other rights and uses of the water of the Walker River Basin under this compact shall be equitably apportioned among, and collected from, the users thereof by the watermaster under rules and regulations of the commission, and the commission shall have the power to enforce collection thereof by any reasonable means, including court action in any state or federal court of appropriate jurisdiction. The expenditures attributable to administering the allocation between the states referred to in Subsection 1(b) above shall be borne by the commission as part of the expense under Article IV, Subsection B.1 of this compact.
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ARTICLE IX. GROUND WATER AND SPRINGS
A. Development and Use of Ground Water
1. Both states shall have the right to develop and use ground water within their respective boundaries; provided that development and use of ground water in one state shall not reduce the amount of water which the other state would have received under the allocation herein if ground water were not developed and used.
2. In the development and use of ground water pursuant to this article, wells or other methods of collecting underground water shall be constructed in a manner which will assure that water will not be drawn directly from allocated surface water. In the absence of proof to the contrary made to the commission, wells drilled within 500 feet from any perennial streams which are not sealed from the surface to a depth of at least 50 feet shall be deemed prima facie to draw directly from allocated surface water.
B. Each state shall have the right to use water from springs; provided that the use of water from springs in one state shall not reduce the amount of water which the other state would have received under the allocations herein if water from springs were not used.
C. Effect on Allocations
1. The commission shall have authority to take such action as it deems appropriate, so that the allocations of water made by this compact to either state shall not be adversely affected by ground water withdrawals or use of water from springs in the other state.
2. If either state claims that the development and use of ground water or water from springs in the other state reduces the amount of water which said state would have received under its allocation if such ground water or water from springs were not developed and used, it may file a protest with the commission in accordance with the rules of the commission. The commission is empowered to receive evidence on any protest and make its ruling thereon.
ARTICLE X. INTERBASIN TRANSFERS OF USE
Either state may use directly, by exchange, or otherwise its allocated waters of the Truckee River in the Lake Tahoe Basin or the Carson River Basin, or its allocated waters of the Carson River in the Lake Tahoe Basin or the Truckee River Basin. The commission shall have authority to take such action as it deems appropriate so that the allocations of water made by this compact to either state shall not be adversely affected by such use in the other state.
Nothing herein shall preclude the use of Lake Tahoe as a physical facility to accomplish the use of Truckee River waters in the Carson River watershed or Carson River waters in the Truckee River watershed, but in no event shall the use of Lake Tahoe as such a physical facility be inconsistent with any provision of Article V of the compact.
ARTICLE XI. SUPPRESSION OF EVAPORATION
A. Either state is entitled, but not obligated to participate in any project for the conservation of water through the suppression of evaporation. The yield of any such project shall be allocated to each state by the commission in such proportion as shall be determined by the commission, taking into consideration such factors as the commission deems pertinent.
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the commission in such proportion as shall be determined by the commission, taking into consideration such factors as the commission deems pertinent. Such allocation of yield to each state shall be in addition to the waters allocated to each state by other provisions of this compact.
B. Subject to the power of the commission to allocate the increased yield resulting from suppression of evaporation as set forth above, no existing property right shall be adversely affected except by agreement with the owner, or as may be otherwise permitted by state law. Nothing herein shall diminish or supersede any law of either state regarding water quality, including but not limited to conditions affecting fish and wildlife.
ARTICLE XII. COORDINATION OF RESERVOIRS
A. The commission shall have the authority to prepare plans for the coordination of reservoirs and the method of implementation of any such plans prepared, and to approve the same and to review and revise such approved plans from time to time as the commission may deem appropriate. Prior to the preparation of any such plan and implementation or review or revision thereof, the owners of all reservoirs to be affected thereby shall be given the opportunity of participating in such preparation, review, or revision.
B. Prior to the approval thereof, the commission shall provide for public hearings concerning such a plan, review, or revision upon such notice as the commission deems appropriate.
C. Any owner of a reservoir shall have the right to refuse to participate in any such plan, or method of implementation, or review or revision thereof, and in such event such reservoir shall be excluded therefrom, and any plan or implementation or review or revision concerning other reservoirs as may be approved shall not adversely affect the use of the reservoir or the right to the use of water therefrom, which has been excluded.
D. Owners of reservoirs may develop plans for coordination thereof, but shall give written notice to the commission at least 60 days prior to their implementation.
ARTICLE XIII. FISH, WILDLIFE, AND RECREATION
The use of waters for preservation, protection, and enhancement of fish, wildlife, and recreation is hereby recognized as an inseparable part of the public interest in the use of the waters of Lake Tahoe, Truckee, Carson and Walker River Basins in both states, and is, therefore, beneficial.
ARTICLE XIV. NONCONSUMPTIVE USE
Each state may use water for nonconsumptive purposes, including but not limited to flood control, recreation, fishery and wildlife maintenance and enhancement, and hydroelectric power generation, provided that such uses result in no discernible reduction in the water allocated to the other state.
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ARTICLE XV. DIVERSION AND EXCHANGE OF YIELD FROM FUTURE RESERVOIRS
Upon the construction of a surface storage project or projects to store unused water herein allocated, users who become entitled to the yield therefrom may, at any point where water is physically available, divert water to use subject to approval of the commission and conditioned upon providing water in exchange for such diverted water as directed by the commission, so that other users, including owners of reservoir storage or owners of interest in waters stored, receive their entitlement of water in time, place, and quality the same as if the diversion and exchange had not been made.
ARTICLE XVI. CHANGE OF POINT OF DIVERSION, MANNER, PURPOSE, OR PLACE OF USE
Any change of point of diversion or of manner, purpose or place of use of the waters of the Carson, Truckee or Walker River Basins may be made in either state pursuant to state law or applicable court decree, provided that such change shall not adversely affect the allocation of water to the other state. Either state, if permitted by state law, may permit a change to other use of water formerly consumed by natural sub-irrigation on meadows. It shall be the duty of each state to initiate proceedings before the commission if it believes that such change in the other state would adversely affect its allocation. In the event of the initiation of such a proceeding a commission hearing shall be held and the person desiring the change shall have the burden of establishing that such change would not adversely affect the allocation to the complaining state. In the event the person desiring the change does not establish that such change would not adversely affect the allocation to the complaining state, the commission shall enter such order as it deems appropriate to assure that the allocation to the complaining state is not adversely affected.
ARTICLE XVII. IMPORTED WATER
The provisions of this compact respecting allocation of water are applicable solely to the waters of the Truckee, Carson, and Walker River Basins and the Lake Tahoe Basin. To the extent that either state imports into the Truckee, Carson or Walker River Basins or the Lake Tahoe Basin water from another river or source the state making the importation shall have the exclusive use of such imported water unless by written agreement between the states it is otherwise provided. Nothing herein shall preclude either state from using such imported water as replacement or exchange water to meet such conditions as may be imposed by the commission pursuant to the provisions of this compact.
ARTICLE XVIII. COMPACT EFFECT
A. Each state and all persons using, claiming, or in any manner asserting any right to the use of the waters of Lake Tahoe, Truckee River, Carson River, and Walker River Basins, shall be subject to the terms of this compact.
κ1969 Statutes of Nevada, Page 87 (CHAPTER 65, AB 60)κ
Carson River, and Walker River Basins, shall be subject to the terms of this compact.
B. The provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state permits, licenses, or other authorizations relating to the waters of Lake Tahoe, Truckee River, Carson River and Walker River Basins.
ARTICLE XIX. VIOLATIONS
A. Violations or threatened violations of any of the provisions of this compact which come to the attention of the commission shall be promptly investigated by it. If after such investigation the commission determines further action is necessary it may take such action as it deems advisable including, but not limited to, the commencement of an action injunctive or otherwise in its own name in any court of general jurisdiction of the state where the violation has occurred or is threatened, or the United States District Court for the district where said violation has occurred or is threatened, or if it is determined by the commission appropriate to do so, refer the matter with its recommendations, if any, to an appropriate federal, state, or local official or agency or board for action.
B. In any action concerned with any matter in which the commission has made a decision, the findings of the commission shall constitute prima facie evidence of the facts found.
ARTICLE XX. RECOURSE TO COURTS
Nothing in this compact shall be construed to limit or prevent either state or any person or entity from instituting or maintaining any action or proceeding, legal or equitable, in any court of competent jurisdiction for the protection of any right under this compact or the enforcement of its provisions, provided that in all matters in which the commission is given jurisdiction by this compact to make a decision no such court action shall be commenced until the matter has been submitted to the commission for decision and decided by it, unless a decision by the commission has been unreasonably delayed.
ARTICLE XXI. NON-IMPAIRMENT OF RIGHTS OF UNITED STATES
Except as provided in Article XXII nothing in this compact shall be construed as:
A. Affecting the obligations of the United States to the Indians and Indian tribes, or any right owned or held by or for Indians or Indian tribes which is subject to the jurisdiction of the United States.
B. Affecting any rights or powers of the United States of America, its agencies or instrumentalities in or to the waters of the Truckee, Carson, or Walker River Basins or the Lake Tahoe Basin, or its capacity to acquire rights in and to the use of said waters.
C. Subjecting any property of the United States, its agencies or instrumentalities to taxation by either state or subdivision thereof.
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D. Subjecting any property of the United States of America, its agencies or instrumentalities to the laws of any state on an extent other than the extent to which such laws would apply without regard to this compact.
ARTICLE XXII. RATIFICATION AND CONSENT
This compact shall become effective when, but only if,
(1) It shall have been ratified by Acts of the Legislature of each of the States of California and Nevada;
(2) It shall have been consented to by Act of Congress of the United States; and
(3) Congress provides in its consent legislation or by separate legislation that the following provisions of the compact shall be binding on the agencies, wards, and instrumentalities of the United States of America:
Article V, Section D
Article V, Section F
Article VI, Subsection B.1
Article VI, Subsection B.3
Article VI, Subsection B.4
Article VI, Section D
Article VII, Section A
Article VII, Section B
Article VII, Section C
Article VII, Section E
Article VII, Section F
Article VIII, Subsection A.4(b)
Article VIII, Subsection B.1
Article VIII, Subsection B.5
ARTICLE XXIII. TERMINATION
This compact may be terminated any time by legislative consent of both states, but notwithstanding such termination all rights then established hereunder or recognized hereby shall continue to be recognized as valid.
IN WITNESS WHEREOF the Commissioners have executed six counterparts hereof, each of which shall be and does constitute an original and one shall be deposited with the Administrator of General Services of the United States of America, and two of which shall be forwarded to the Governor of each signatory state, and one of which shall be made a part of the permanent records of the California-Nevada Compact Commission.
Sec. 3. The governor shall give notice of the ratification of the California-Nevada Interstate Compact by the Nevada legislature to the governor of the State of California and to the President of the United States.
Sec. 4. 1. The Nevada members of the California-Nevada Interstate Compact Commission, designated or appointed pursuant to Article IV of the compact, if not in the regular employ of the state, are entitled to receive compensation of $25 a day for time actually spent on the work of the compact commission, and subsistence allowances and travel expenses as provided by law.
κ1969 Statutes of Nevada, Page 89 (CHAPTER 65, AB 60)κ
receive compensation of $25 a day for time actually spent on the work of the compact commission, and subsistence allowances and travel expenses as provided by law.
2. The state engineer and any other Nevada commission members who are in the regular employ of the state shall receive no additional compensation, but are entitled to receive subsistence allowances and travel expenses provided by law.
3. Claims for payment of all such expenses incurred by such commission members shall be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 5. 1. All officers of this state shall do all things falling within their jurisdiction necessary or incidental to carrying out the provisions of the compact.
2. All officers, departments and persons of and in the government and administration of this state shall, upon the request of the California-Nevada Interstate Compact Commission, furnish the commission with information and data possessed by them and aid the commission by any means within their legal powers.
Sec. 6. NRS 538.270, 538.280, 538.290, 538.300, 538.310, 538.320, 538.330, 538.340, 538.350, 538.360, 538.370, 538.380, 538.390, 538.400 and 538.410 are hereby repealed.
Sec. 7. 1. Sections 1 to 5, inclusive, and section 7 of this act shall become effective upon passage and approval.
2. Section 6 of this act shall become effective on the effective date of the California-Nevada Interstate Compact as provided in Article XXII of the compact.
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Assembly Bill No. 83Messrs. Frank Young and Kean
CHAPTER 66
AN ACT relating to justices courts; increasing the jurisdictional limit for small claims; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 73.010 is hereby amended to read as follows:
73.010 In all cases arising in the justices court for the recovery of money, only where the amount claimed does not exceed [$200,] $300, and the defendant named is a resident of the township or city and county in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
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κ1969 Statutes of Nevada, Page 90κ
Assembly Bill No. 71Messrs. Swackhamer and Hilbrecht
CHAPTER 67
AN ACT relating to the governor; providing temporary authority to act and to expend money in certain situations; imposing certain duties on the legislative commission; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever any Act of Congress, regulation promulgated by the President or from an executive department of the Federal Government, or decision of a court of the United States or of this state requires the governor to perform any act for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant of money or other thing of value or of action by the requiring authority, and the legislature is not in session and cannot reasonably be called into special session, the governor may, with the approval of the legislative commission:
(a) Perform the act required.
(b) Direct an existing agency, board or commission to do the act required.
(c) Accept money or some other thing of value from the Federal Government, and contract with respect to such acceptance.
(d) Expend, for the purpose required, any money so accepted from the Federal Government or available to him from any nonstate source or from the state board of examiners emergency fund. Any expenditures from the state board of examiners fund for the purposes provided in this subsection shall be first approved by the legislative commission.
2. The governor and the legislative commission shall report any action taken by them to the next session of the legislature, whether regular or special. Unless the legislature acts affirmatively to authorize the governor or some other agency, board or commission to do the act required, all authority conferred by this section expires by limitation on the 11th day after the final adjournment of such session. In case of such expiration, neither the governor nor any agency, board or commission may expend any money received pursuant to this section except as may be required by a valid contract executed prior to such expiration.
3. As used in this section, the phrase cannot reasonably be called into special session imposes a duty upon the governor to consider, among other things:
(a) The importance of the act required in relation to state government as a whole;
(b) The amount of money to be expended pursuant to this section in relation to the cost of a special session; and
(c) The interval remaining before the next regular session.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 91κ
Assembly Bill No. 85Mr. Lingenfelter
CHAPTER 68
AN ACT relating to architects; providing that the state board of architecture establish the salary to be paid its secretary.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 623.070 is hereby amended to read as follows:
623.070 1. Each member of the board shall receive from the funds of the board:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
2. The secretary and treasurer of the board shall be paid a salary out of the funds of the board [not to exceed $200 per year.] in an amount to be determined by the board.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 90Mr. Homer
CHAPTER 69
AN ACT relating to certificates of permission to perform marriages; simplifying the requirements for the renewal of such certificates; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.064 is hereby amended to read as follows:
122.064 1. A certificate of permission may be obtained only from the county clerk of the county in which the minister resides, after the filing of a proper application. The initial application shall:
(a) Be in writing and verified by the applicant or his superior.
(b) Show the date of licensure or ordination, or both, of the minister, and the name of the denomination, governing body and church, or any of them, with which he is affiliated.
(c) Be accompanied by two copies of the denominational standing of the applicant, one of which the county clerk shall file with the secretary of state.
2. For the purpose of determining the qualifications of any minister who has filed an application for a certificate, the county clerk with whom such application has been filed may require that:
κ1969 Statutes of Nevada, Page 92 (CHAPTER 69, AB 90)κ
(a) The congregation of such minister furnish any evidence which the county clerk considers necessary or helpful.
(b) The district attorney and the sheriff conduct an investigation of the background and present activities of such minister.
3. In addition to the requirement of good standing, the county clerk shall before approving an initial application satisfy himself that:
(a) The applicants ministry is primarily one of service to his congregation or denomination, and that his performance of marriages will be incidental to such service, or, in the case of a retired minister, that his active ministry was of such nature.
(b) No certificate previously issued to the applicant has been canceled for knowing violation of the laws of this state or of the United States.
(c) The applicant has never been convicted of a felony or of any crime of which moral turpitude is an element.
4. The county clerk may require any applicant to submit information in addition to that required by this section.
Sec. 2. NRS 122.066 is hereby amended to read as follows:
122.066 1. If the county clerk approves an application, he shall notify the secretary of state of such approval within 10 days thereafter. After receipt of such notification, the secretary of state shall immediately certify the name of such minister to each county clerk and county recorder in the state.
2. A certificate of permission shall be issued only for the period of July 1 to June 30, inclusive, and if issued after July 1 shall be valid only until the following June 30. All certificates may be renewed annually. If the certificate of permission has not lapsed, the county clerk may issue a renewal certificate upon the delivery to him of:
(a) A written statement that the minister is still in good standing within his denomination, signed by the person who executed the initial evidence of denominational standing or by his successor; and
(b) An affidavit signed by the minister stating that his performance of marriages is incidental to his ministerial duties.
3. If any minister to whom a certificate of permission has been issued severs ties with his congregation or moves from the county in which his certificate was issued, the certificate shall expire immediately upon such severance or move, and the trustee, warden, responsible superior or other officer of the congregation authorized to speak for it shall, within 5 days following the severance or move, give written notice of the fact of such severance or move to the county clerk who issued the certificate.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 93κ
Assembly Bill No. 103Committee on Commerce
CHAPTER 70
AN ACT to amend NRS 78.635, relating to insolvent corporations, by providing that a single trustee for such a corporation has powers equivalent to a group of trustees; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.635 is hereby amended to read as follows:
78.635 1. The district court, at the time of ordering the injunction, or at any time afterwards, may appoint a receiver or receivers or a trustee or trustees for the creditors and stockholders of the corporation.
2. The receiver or receivers or trustee or trustees shall have full power and authority:
(a) To demand, sue for, collect, receive and take into his or their possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, papers, choses in action, bills, notes and property, of every description of the corporation; and
(b) To institute suits at law or in equity for the recovery of any estate, property, damages or demands existing in favor of the corporation; and
(c) In his or their discretion to compound and settle with any debtor or creditor of the corporation, or with persons having possession of its property or in any way responsible at law or in equity to the corporation at the time of its insolvency or suspension of business, or afterwards, upon such terms and in such manner as he or they shall deem just and beneficial to the corporation; and
(d) In case of mutual dealings between the corporation and any person to allow just setoffs in favor of such person in all cases in which the same ought to be allowed according to law and equity.
3. A debtor who shall have in good faith paid his debt to the corporation without notice of its insolvency or suspension of business, shall not be liable therefor, and the receiver or receivers or trustee or trustees shall have power to sell, convey or assign all the estate, rights and interests, and shall hold and dispose of the proceeds thereof under the directions of the district court.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 94κ
Assembly Bill No. 106Committee on Commerce
CHAPTER 71
AN ACT to amend NRS 81.290, relating to nonprofit corporations, by broadening the purposes for which a nonprofit corporation may be formed; and providing other matters properly relating thereto.
[Approved February 28, 1969]
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, or a combination of such 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 [.] or for a combination of educational and charitable 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.
________
κ1969 Statutes of Nevada, Page 95κ
Assembly Bill No. 108Committee on Commerce
CHAPTER 72
AN ACT relating to nonprofit corporations; eliminating the requirement that the majority of persons forming a nonprofit corporation must be residents of this state; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 81.410 is hereby amended to read as follows:
81.410 Nonprofit cooperative corporations may be formed by the voluntary association of any three or more persons in the manner prescribed in NRS 81.410 to 81.540, inclusive. [A majority of such persons must be residents of this state, and such] Such corporation shall have and may exercise the powers necessarily incident thereto, and also all other powers granted to private corporations by the laws of this state, excepting such powers as are inconsistent with those granted by NRS 81.410 to 81.540, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 134Mr. Frank Young (By request)
CHAPTER 73
AN ACT relating to legal notice; permitting a notice required by law or a court to be given by mail to be given by certified mail; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 238 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any notice or other written matter required by law or the order of any court of record to be delivered by mail, with the receipt thereof to be acknowledged, may be given by either registered or certified mail.
Sec. 2. Whenever there appears in Nevada Revised Statutes a requirement that notice be given by registered mail, certified mail shall be deemed the equivalent of registered mail and in preparing the 1969 supplement to Nevada Revised Statutes the legislative counsel shall insert the words certified mail in addition to registered mail if they do not already appear.
________
κ1969 Statutes of Nevada, Page 96κ
Assembly Bill No. 137Mr. McKissick
CHAPTER 74
AN ACT specifically extending the statutory prohibition against trespass to buildings; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.200 is hereby amended to read as follows:
207.200 1. Every person who shall go upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act, or shall willfully go or remain upon any land or in any building after having been warned by the owner or occupant thereof not to trespass, [thereon,] shall be guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 3.
2. Every owner or other occupant of any land shall be deemed to have given a sufficient warning against trespassing, within the meaning of this section, who shall post in a conspicuous manner on each side thereof, upon or near the boundary, at intervals of not more than 700 feet, signs, legibly printed or painted in the English language, warning persons not to trespass.
3. An entryman on land under the laws of the United States shall be an owner within the meaning of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 147Messrs. Lowman and Close
CHAPTER 75
AN ACT relating to private employment agencies; increasing the amount of the fees authorized to be charged and collected by such agencies; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 611.220 is hereby amended to read as follows:
611.220 No person licensed pursuant to the terms of NRS 611.020 to 611.320, inclusive, shall charge, accept or collect from any applicant for employment as a fee for securing such employment any sum or sums of money in excess of [15] 25 percent of the first months salary or compensation received or paid for such employment.
Sec. 2. NRS 611.230 is hereby amended to read as follows:
611.230 Every employment agency shall keep posted in a conspicuous place in its office or place of business a card or cards, furnished by the labor commissioner, upon which shall be printed in large black-faced type the following: No fee shall be charged an applicant for employment which shall exceed [15] 25 percent of the first months salary or compensation.
κ1969 Statutes of Nevada, Page 97 (CHAPTER 75, AB 147)κ
by the labor commissioner, upon which shall be printed in large black-faced type the following: No fee shall be charged an applicant for employment which shall exceed [15] 25 percent of the first months salary or compensation.
________
Assembly Bill No. 157Mr. Webb
CHAPTER 76
AN ACT relating to the state seal; correcting the description thereof; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 235.010 is hereby amended to read as follows:
235.010 1. There shall be a seal of the State of Nevada called The Great Seal of the State of Nevada, the design of which shall be as follows: In the foreground, there shall be two large mountains, at the base of which, on the right, there shall be located a quartz mill, and on the left a tunnel, penetrating the silver leads of the mountain, with a miner running out a carload of ore, and a team loaded with ore for the mill. Immediately in the foreground, there shall be emblems indicative of the agricultural resources of the state, as follows: A plow, a sheaf and sickle. In the middle ground, there shall be a [train of railroad cars] railroad train passing a mountain gorge and a telegraph line extending along the line of the railroad. In the extreme background, there shall be a range of snow-clad mountains, with the rising sun in the east. Thirty-six stars and the motor of our state, All for Our Country, shall encircle the whole group. In an outer circle, the words The Great Seal of the State of Nevada shall be engraved [with these words, for the motor of our state, All for Our Country.] with Nevada at the base of the seal and separated from the other words by two groups of three stars each.
2. The size of the seal shall not be more than 2 3/4 inches in diameter.
3. The seal shall be kept by the governor and used by him officially. The secretary of state shall have access to the seal at all times, and may use it in verification of all his official acts.
4. Every person who maliciously or for commercial purposes uses, or allows to be used, any reproduction or facsimile of the great seal of the State of Nevada, in any manner whatsoever, shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 98κ
Senate Bill No. 94Senator Farr
CHAPTER 77
AN ACT to amend NRS 636.155, relating to licensing for the practice of optometry, by increasing the number of required college years.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 636.155 is hereby amended to read as follows:
636.155 Satisfactory evidence must be filed with the secretary showing the following qualifications of an applicant:
1. Age not less than 21 years.
2. Citizenship of the United States.
3. Good moral character.
4. Preliminary education equivalent to 4 years in a registered high school.
5. Graduation from a school of optometry accredited by the established professional agency and the board, maintaining a standard of [5] 6 college years, and including, as a prerequisite to admission to the courses in optometry, at least 2 academic years of study in a college of arts and sciences accredited by the Association of American Universities or a similar regional accrediting agency.
Sec. 2. This act shall become effective on September 1, 1969.
________
Assembly Bill No. 107Committee on Commerce
CHAPTER 78
AN ACT relating to nonprofit corporations; broadening the purposes for which such corporations may be created and removing the debt limitation of such corporations and associations; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 86.010 is hereby amended to read as follows:
86.010 Corporations may be created for the organization and maintenance of gymnastic, athletic, historic, scientific [and other literary societies designed to promote the diffusion of useful knowledge.] , literary and other societies.
Sec. 2. NRS 86.030 is hereby amended to read as follows:
86.030 A copy of any certificate of incorporation, filed in pursuance of NRS 86.010 to [86.090,] 86.080, inclusive, and certified by the secretary of state, or the recorder of the county in which the same may be filed, as provided in NRS 86.020, shall be received in all courts and places as prima facie evidence of the matter therein stated.
Sec. 3. NRS 86.090 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 99κ
Assembly Bill No. 109Committee on Commerce
CHAPTER 79
AN ACT relating to private corporations; permitting religious corporations to acquire property by devise or bequest; and providing other matters properly relating thereto.
[Approved February 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.060 is hereby amended to read as follows:
78.060 1. Any corporation organized under the provisions of this chapter:
(a) Shall have all the rights, privileges and powers hereby conferred.
(b) Shall have such rights, privileges and powers as may be conferred upon corporations by any existing law.
(c) May at any time exercise such rights, privileges and powers, when not inconsistent with the provisions of this chapter, or with the purposes and objects for which such corporation is organized.
2. Every corporation, by virtue of its existence as such, shall have power:
(a) To have succession by its corporate name for the period limited in its certificate or articles of incorporation, and when no period is limited, perpetually, or until dissolved and its affairs wound up according to law.
(b) To sue and be sued in any court of law or equity.
(c) To make contracts.
(d) To hold, purchase and convey real and personal estate and to mortgage or lease any such real and personal estate with its franchises. The power to hold real and personal estate [, except in the case of religious corporations,] shall include the power to take the same by devise or bequest in this state, or in any other state, territory or country.
(e) To appoint such officers and agents as the affairs of the corporation shall require, and to allow them suitable compensation.
(f) To make bylaws not inconsistent with the constitution or laws of the United States, or of this state, for the management, regulation and government of its affairs and property, the transfer of its stock, the transaction of its business, and the calling and holding of meetings of its stockholders.
(g) To wind up and dissolve itself, or be wound up or dissolved, in the manner mentioned in this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 100κ
Assembly Bill No. 86Messrs. Kean, Capurro, Mrs. Brookman, Messrs. Schouweiler, Howard, Mrs. Frazzini, Messrs. Close, Ashworth, Hilbrecht, Smith and Lingenfelter
CHAPTER 80
AN ACT relating to licensing of motor vehicles; providing for issuance of personalized license plates by the department of motor vehicles; and providing other matters properly relating thereto.
[Approved March 1, 1969]
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 5, inclusive, of this act.
Sec. 2. 1. The department shall establish, design and otherwise prepare for issue personalized prestige license plates and other special plates and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.
2. The department shall issue a special plate, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles for use on private passenger cars or noncommercial trucks having a rated capacity of 1 ton or less.
3. Special plates shall be valid for 1 year only, and an additional fee shall be paid for each year or part thereof that the owner of a motor vehicle desires to have such plates.
4. In case of any conflict, the person who first made application for special plates and has continuously renewed them by payment of the required fee shall have priority.
5. The department shall limit by regulation the number of letters and figures used, may by regulation prohibit the use of inappropriate letters or combinations, and shall not assign to any person not holding the relevant office any letters and figures denoting that the holder holds a public office.
Sec. 3. The department shall make such rules and regulations as are necessary to insure compliance with all applicable laws pertaining to the licensing and registration of vehicles before issuing special plates in lieu of the regular Nevada license plate or plates, and all applications for special plates shall be made to the department.
Sec. 4. 1. The department shall charge and collect the following fees for the issuance of special plates, which fees shall for each year include the flat registration fee for the vehicle and shall be in addition to all other license fees and motor vehicles taxes:
(a) For the first issuance....................................................................................... $25
(b) For a renewal sticker, up to a maximum of 5 years................................... 15
(c) For changing to another special plate........................................................ 25
2. The additional fees collected by the department for the issuing of special license plates shall be remitted monthly to the state treasurer for deposit in the state highway fund.
Sec. 5. The provisions of sections 2 to 4, inclusive, of this act do not apply to special plates issued pursuant to NRS 482.370, 482.373, 482.375 and 482.380.
κ1969 Statutes of Nevada, Page 101 (CHAPTER 80, AB 86)κ
apply to special plates issued pursuant to NRS 482.370, 482.373, 482.375 and 482.380.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 113Committee on Commerce
CHAPTER 81
AN ACT relating to the election of corporate directors; requiring notice by a stockholder as a condition precedent to cumulative voting; and providing other matters properly relating thereto.
[Approved March 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.360 is hereby amended to read as follows:
78.360 1. The certificate or articles of incorporation of any corporation, or any amendment thereof, may provide that at all elections of directors of the corporation each holder of stock possessing voting power [shall be] is entitled to as many votes as [shall] equal the number of his shares of stock multiplied by the number of directors to be elected, and that he may cast all of such votes for a single director or may distribute them among the number to be voted for or any two or more of them, as he may set fit.
2. If the certificate or articles of incorporation of a corporation, or any amendment thereof, contains the provisions authorized by subsection 1, the stockholders of such corporation and any proxyholders for such stockholders are entitled to exercise the right of cumulative voting at any meeting held for the election of directors if:
(a) Not less than 48 hours before the time fixed for holding such meeting, if notice of the meeting has been given at least 10 days prior to the date of the meeting, and otherwise not less than 24 hours before such time, a stockholder of such corporation has given notice in writing to the president or the secretary of the corporation that he desires that the voting at such election of directors shall be cumulative; and
(b) At such meeting, prior to the commencement of voting for the election of directors, an announcement of the giving of such notice has been made by the chairman or the secretary of the meeting or by or on behalf of the stockholder giving such notice.
Notice to stockholders of the requirements of paragraph (a) shall be contained in the notice calling such meeting or in the proxy material accompanying such notice.
3. The provisions of subsection 2 are applicable only to corporations which have filed a registration statement under the Securities Act of 1933 (15 U.S.C. §§ 77a et seq.).
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 102κ
Senate Bill No. 30Senator Young
CHAPTER 82
AN ACT relating to regulation of watercraft; exempting motorboats from the requirement of mufflers when operating under a permit from the state board of fish and game commissioners; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 488.195 is hereby amended to read as follows:
488.195 1. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
2. The use of cutouts is prohibited.
3. [This section does not apply to motorboats competing in a regatta or boat race approved as provided in NRS 488.305, or to such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding such regatta or race or to such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following such regatta or race.] Subsections 1 and 2 do not apply to:
(a) Motorboats competing in a regatta or boat race approved as provided in NRS 488.305;
(b) Such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding such regatta or boat race;
(c) Such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following such regatta or boat race; or
(d) Any motorboat operating under a separate permit issued by the commission for the purpose of tuning engines, making test or trial runs or competing in official trials for speed records other than in connection with regattas or boat races.
4. The commission shall issue permits for the purposes enumerated in paragraph (a) of subsection 3, under such conditions and restrictions as the commission determines necessary to prevent a public nuisance and to assure the public safety. The commission may adopt rules and regulations to carry out the provisions of this subsection.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 103κ
Senate Bill No. 88Senators Titlow and Manning
CHAPTER 83
AN ACT relating to the Nevada oil and gas conservation commission; changing the membership of the commission; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 522.030is hereby amended to read as follows:
522.030 1. There is hereby created the Nevada oil and gas conservation commission to be composed of [the director of the state department of conservation and natural resources,] the state engineer, [and] the director of the Nevada bureau of mines [.] and one lay member of the public to be appointed by, and serve at the pleasure of, the governor. No salary or compensation shall be paid any member of the commission for his services as a member thereof, but the actual and necessary expenses of the members of the commission incurred or expended in the performance of the duties imposed on the commission, shall be paid out of the oil conservation fund hereinafter created. The term of office of [each member of the commission] the state engineer and the director of the Nevada bureau of mines shall be concurrent with the office held by him. The commission shall organize by electing a chairman from its membership, and appoint a secretary. Two members of the commission shall constitute a quorum for all purposes. Two affirmative votes shall be necessary for the adoption or promulgation of any rule, regulation or order of the commission. The commission shall adopt a seal and such seal affixed to any paper signed by the secretary of the commission shall be prima facie evidence of the due execution thereof. Any member or employee of the commission shall have power to administer oaths to witnesses in any hearing, investigation or proceeding contemplated by this chapter, or by any other law of this state relating to oil and gas.
2. The commission may at any time, when it finds that the public interest will be served thereby, hire such other employees as are found to be necessary to assist the commission in the discharge of its respective duties. All employees or assistants authorized by this chapter shall be paid their necessary traveling and living expenses when traveling on official business at such rates and within such limits as may be fixed by the commission subject to existing law.
3. The attorney general shall be the attorney for the commission. The commission may, however, in cases of emergency or in special cases, from any funds available to it, retain additional counsel to assist the attorney general.
4. Until such time as oil or gas is produced and marketed in commercial quantities in this state, the director of the Nevada bureau of mines shall serve without pay as the director of the Nevada oil and gas conservation commission.
________
κ1969 Statutes of Nevada, Page 104κ
Senate Bill No. 161Committee on Judiciary
CHAPTER 84
AN ACT to amend NRS 366.610, being a part of the Special Fuel Tax Act of 1953, to conform language with the Uniform Commercial Code.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.610 is hereby amended to read as follows:
366.610 The lien shall be paramount to all private liens or encumbrances of whatever character upon the motor vehicle, and to the rights of any conditional vendor or any other holder of the legal title in or to such motor vehicle, with the following exceptions:
1. The lien shall not be enforcible against any motor vehicle which was transferred in good faith to a bona fide transferee before physical possession of the motor vehicle was taken by the State of Nevada pursuant to the lien.
2. The lien shall be subject to any lien of indebtedness secured by a [chattel mortgage or conditional sales] security agreement which existed against a motor vehicle prior to the time when the lien provided for by NRS 366.590 attached to such motor vehicle if:
(a) Such indebtedness was incurred in good faith to secure a portion of the purchase price of such motor vehicle; and
(b) Such indebtedness is secured by a [chattel mortgage or conditional sales] security agreement perfected as required by law; and
(c) Such [chattel mortgage, whether a purchase money mortgage or otherwise, or conditional sales] security agreement was not given, directly or indirectly, to any officer or stockholder of a corporation having the lawful use or control of such motor vehicle.
3. Notwithstanding the provisions of subsection 2, the lien provided for by NRS 366.590 shall be enforcible as to any equity which may remain in a motor vehicle subject to such lien after the encumbrance of any [chattel mortgage or conditional sales agreement] security interest has been removed by repossession and sale of such motor vehicle by [a chattel mortgagee or conditional vendor,] the secured party, but no such sale, either public or private, may be had unless [such chattel mortgagee or conditional vendor shall have served,] the secured party serves by registered mail, at least 5 days prior to the date set for sale, notice upon the director of the department of the time and place of such sale. The department shall notify the [legal owner, if the name of the legal owner] secured party, if the name of the secured party is known to the department, at the time the lien attaches to any vehicle, or as soon thereafter as the department learns that the lien has attached.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 105κ
Senate Bill No. 162Committee on Judiciary
CHAPTER 85
AN ACT relating to the Uniform Commercial Code; inserting the actual date in the law establishing the effective date of such code; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 104.1110 is hereby amended to read as follows:
104.1110 Transactions validly entered into before [the effective date of this chapter] March 1, 1967, and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though such repeal or amendment had not occurred.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 164Committee on Judiciary
CHAPTER 86
AN ACT to amend NRS 204.030, relating to the crime of misappropriation and falsification of accounts by a public officer, by clarifying the penalty provisions.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 204.030 is hereby amended to read as follows:
204.030 1. [Every] It is unlawful for any public officer, and [every] any other person receiving money on behalf of, or for or on account of, this state or of any department of the state government or of any bureau or fund created by law in which the state is directly or indirectly interested, or for or on account of any county, city, town, municipal corporation or any school or district: [who:
(a) Shall knowingly] (a) Knowingly to keep any false account, or make any false entry or erasure in any account, of or relating to any money so received by him; or
(b) [Shall fraudulently] Fraudulently to alter, falsify, conceal, destroy or obliterate any such account; or
(c) [Shall willfully] Willfully to omit or refuse to pay over to the state, its officer or agent authorized by law to receive the same, or to such county, city, town or such school, municipal corporation, or district or to the proper officer or authority empowered to demand and receive the same, any money received by him as such officer when it is a duty imposed upon him by law to pay over and account for the same. [,
is guilty of a felony.]
κ1969 Statutes of Nevada, Page 106 (CHAPTER 86, SB 164)κ
2. Any person violating any of the provisions of subsection 1 shall be punished:
(a) Where the amount involved is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Where the amount involved is less than $100, for a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 165Committee on Judiciary
CHAPTER 87
AN ACT relating to appeals and remedies after criminal convictions; deleting a reference to the obsolete term demurrer; excepting the writ of habeas corpus from the exclusive-remedy provision of the post-conviction relief statutes; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 34.360 is hereby amended to read as follows:
34.360 [1.] Every person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.
[2. Application for the writ by or on behalf of a person who has been convicted of a crime and is under sentence of death or imprisonment shall be made in the manner provided by NRS 177.315 to 177.385, inclusive.]
Sec. 2. NRS 177.085 is hereby amended to read as follows:
177.085 1. An appeal taken by the state shall in no case stay or affect the operation of a judgment in favor of the defendant; but if the appeal by the state is from an order [sustaining a demurrer to an indictment or information, or] granting a motion to set aside an indictment or information, and upon such appeal the order is reversed, the defendant shall thereupon be liable to arrest and trial upon the indictment or information. In all such cases any statute of limitations on the offense from which the appeal is taken is tolled from the time the notice of appeal is filed by the state until such appeal is heard and a ruling made thereon.
2. If the appeal by the state is from an order allowing a motion in arrest of judgment, or granting a motion for a new trial, and upon appeal the order is reversed, the trial court shall enter judgment against the defendant.
Sec. 3. NRS 177.315 is hereby amended to read as follows:
177.315 1. Any person convicted of a crime and under sentence of death or imprisonment who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of the United States or the constitution or laws of this state, or that the court was without jurisdiction to impose the sentence, or that the sentence exceeds the maximum authorized by law, or that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy, may, without paying a filing fee, apply for [a writ of habeas corpus under NRS 177.315 to 177.385, inclusive, to secure] post-conviction relief from the conviction or sentence.
κ1969 Statutes of Nevada, Page 107 (CHAPTER 87, SB 165)κ
was without jurisdiction to impose the sentence, or that the sentence exceeds the maximum authorized by law, or that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy, may, without paying a filing fee, apply for [a writ of habeas corpus under NRS 177.315 to 177.385, inclusive, to secure] post-conviction relief from the conviction or sentence.
2. The remedy herein provided is not a substitute for nor does it affect any remedies which are incident to the proceedings in the trial court, or any remedy of direct review of the sentence or conviction. It comprehends and takes the place of all other common law, statutory [,] or other remedies, except the writ of habeas corpus, which have heretofore been available for challenging the validity of the conviction or sentence, and shall be used exclusively in place of them. A petition for post-conviction relief [under NRS 177.315 to 177.385, inclusive,] may be filed at any time.
Sec. 4. NRS 177.335 is hereby amended to read as follows:
177.335 The petition shall identify the proceedings in which the petitioner was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the petition is based [,] and clearly state the relief desired. All facts within the personal knowledge of the petitioner shall be set forth separately from other allegations of facts and shall be verified as provided in NRS 177.325. Affidavits, records [,] or other evidence supporting its allegations shall be attached to the petition unless the petition recites why they are not attached. The petition shall identify any previous state or federal court proceedings, together with the grounds therein asserted, taken by the petitioner to secure relief from his conviction or sentence. No such ground upon which a decision has been rendered in any such proceeding may be asserted in a proceeding [under NRS 177.315 to 177.385, inclusive.] for post-conviction relief. Argument, citations and discussion of authorities are unnecessary.
Sec. 5. NRS 177.345 is hereby amended to read as follows:
177.345 If the conviction was for a gross misdemeanor or a felony:
1. The petition may allege that the petitioner is unable to pay the costs of the proceeding or to employ counsel. If the court is satisfied that the allegation is true, it shall appoint counsel for him.
2. If, after judgment, a review is sought by the petitioner or by the state, and the reviewing court is of the opinion that the requested review, if sought by the petitioner, is not frivolous, and the court finds that the petitioner is unable to pay the costs of the review or to employ counsel, it shall appoint counsel for him.
3. If inability to pay is determined, all necessary costs and expense incident to the proceedings in the trial court and in the reviewing court, including all court costs, stenographic services, printing [,] and reasonable compensation for legal services, shall be paid from the reserve for statutory contingency fund.
4. Where a copy of the transcript of any proceedings [pursuant to NRS 177.315 to 177.385, inclusive,] for post-conviction relief is necessary to a review by the Supreme Court of the United States, and inability to pay has been determined, such copy shall be supplied and the cost shall be paid from the reserve for statutory contingency fund.
κ1969 Statutes of Nevada, Page 108 (CHAPTER 87, SB 165)κ
to pay has been determined, such copy shall be supplied and the cost shall be paid from the reserve for statutory contingency fund.
5. Any order by a court, justice or judge for the supplying of a transcript may provide expressly for the rejection of all or any parts of such transcript upon which the petitioner or appellant relies which raise questions of law not open to him under NRS 177.335.
Sec. 6. NRS 177.375 is hereby amended to read as follows:
177.375 All grounds for post-conviction relief available to a petitioner [under NRS 177.315 to 177.385, inclusive,] must be raised in his original, supplemental or amended petition. Any ground not so raised or finally adjudicated or knowingly and understandingly waived in the proceedings resulting in the conviction or sentence or in any other proceeding that the petitioner has taken to secure relief from his conviction or sentence may not be the basis for a subsequent petition, unless the court finds a ground for relief asserted which for reasonable cause was omitted or inadequately raised in the original, supplemental [,] or amended petition.
Sec. 7. NRS 177.385 is hereby amended to read as follows:
177.385 A final judgment entered [under NRS 177.315 to 177.385, inclusive,] on an application for post-conviction relief may be reviewed by the supreme court of this state on appeal, brought either by the petitioner or by the state as provided by law.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 56Mr. Torvinen
CHAPTER 88
AN ACT relating to business records; conforming Nevada law to the Uniform Business Records as Evidence Act; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 51.030 is hereby amended to read as follows:
51.030 1. The term business as used in this section includes every kind of business, profession, occupation [and calling of every kind.
2. In any court of Nevada, any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, shall be admissible as evidence of such act, transaction, occurrence or event, if made in the regular course of any business, and if it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence or event or within a reasonable time thereafter.
3. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but such circumstances shall not affect its admissibility.] , calling or operation of institutions, whether carried on for profit or not.
κ1969 Statutes of Nevada, Page 109 (CHAPTER 88, AB 56)κ
2. A record of an act, condition or event shall, insofar as relevant, be competent evidence if:
(a) The custodian or other qualified witness testifies to its identity and the mode of its preparation;
(b) It was made in the regular course of business, at or near the time of the act, condition or event; and
(c) In the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.
3. This section, which may be cited as the Uniform Business Records as Evidence Act, shall be interpreted and construed to effectuate its general purpose and to make uniform the law of the states which enact it.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 110Committee on Federal, State and Local Governments
CHAPTER 89
AN ACT directing the state land register to convey certain state land from the division of state lands of the state department of conservation and natural resources to the Nevada state prison; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land register shall convey to the Nevada state prison that property owned by the State of Nevada, situated in Ormsby County, Nevada, described as follows:
The W 1/2 of the NE 1/4 of Section 4, T. 14 N., R. 20 E., M.D.B. & M., containing 78.50 acres, more or less.
Sec. 2. The Nevada state prison shall pay to the division of state lands of the state department of conservation and natural resources the sum of $26.65 as consideration for the conveyance of the property described in section 1 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 114Committee on Federal, State and Local Governments
CHAPTER 90
AN ACT authorizing the issuance of bonds of the Las Vegas Valley Water District without an election; withdrawing authorization to issue bonds as given by the electors of the district on July 27, 1965, to the extent that bonds are issued pursuant to this act.
[Approved March 4, 1969]
Whereas, On July 27, 1965, a special election was held in the Las Vegas Valley Water District to approve the issuance of general obligation bonds by the district in the principal amount of $15,700,000 at an interest rate not to exceed 5 percent, payable semiannually, for the acquisition and construction by the district of facilities for the production, storage, transmission and distribution of water, and for all related expenses; and
κ1969 Statutes of Nevada, Page 110 (CHAPTER 90, SB 114)κ
interest rate not to exceed 5 percent, payable semiannually, for the acquisition and construction by the district of facilities for the production, storage, transmission and distribution of water, and for all related expenses; and
Whereas, The electors of that district approved, in the manner provided by law, the issuance of such bonds; and
Whereas, Pursuant to resolutions adopted December 21, 1965, and June 20, 1967, bonds in the amounts of $5,000,000 and $6,000,000, respectively, have been issued and sold in accordance with the provisions of the Las Vegas Valley Water District Act and the bond proposition; and
Whereas, $4,700,000 of the authorized bonds have not been issued and sold; and
Whereas, The legislature finds that the issuance of the remaining bonds without election is advisable in view of the highly unsatisfactory bond-marketing experiences of public issuers which have resulted from an unanticipated rise in interest rates and is necessary to avoid the postponement of the completion of the essential public project for the construction of a major water distribution system within the Las Vegas Valley Water District; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, the Las Vegas Valley Water District, a public corporation formed under the provisions of chapter 167, Statutes of Nevada, 1947, as amended, in order to accomplish any of its corporate purposes, may issue its general obligation bonds in the principal amount of not to exceed $4,700,000 without obtaining the approval of the electors of the district as required by chapter 167, Statutes of Nevada 1947, at the maximum interest rate of 6 percent per annum. Such bonds shall otherwise conform to the requirements of chapter 167, Statutes of Nevada 1947.
Sec. 2. To the extent that bonds are issued pursuant to the authority granted by section 1 of this act, the legislature hereby withdraws the authority of the district to issue a like amount of bonds, which authority was given by the electors of the district at the election held on July 27, 1965.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 111κ
Assembly Bill No. 257Messrs. McKissick and Close
CHAPTER 91
AN ACT relating to the governor; authorizing assistance and office space accommodations for a governor-elect; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department of administration shall include in its budget for each fiscal year in which a governor is to be elected the sum of $2,500 as a separate item.
2. The state controller shall draw, from the amount appropriated, his warrant for the payment of necessary expenses for clerical and research help for the governor-elect upon a claim or claims by the governor-elect.
3. The provisions of subsection 2 do not apply if the incumbent governor is elected to succeed himself.
Sec. 2. NRS 331.120 is hereby amended to read as follows:
331.120 1. 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,] shall provide suitable office space for the use of the governor-elect, and expend funds for incidental expenses connected therewith.
[(b) Provide] The provisions of this subsection do not apply if the incumbent governor is elected to succeed himself.
4. The superintendent may 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.] 5. 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.
________
κ1969 Statutes of Nevada, Page 112κ
Assembly Bill No. 64Committee on Health and Welfare
CHAPTER 92
AN ACT to amend NRS 428.090, relating to county medical assistance for indigents, by correcting and making specific internal references.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 428.090 is hereby amended to read as follows:
428.090 1. When any nonresident, or any other person not coming within the definition of a pauper, shall fall sick in any county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as the board may deem just and necessary.
2. If such sick person shall die, then the board of county commissioners shall give or order to be given to such person a decent burial.
3. The board of county commissioners shall make such allowance for board, nursing, medical aid or burial expenses as the board shall deem just and equitable, and order the same to be paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section shall be relieved to the extent of the amount of money or the value of services provided by the welfare division of the department of health, welfare and rehabilitation to or for such person for medical care or any type of remedial care under the provisions of [chapters 426 and 427 of NRS.] NRS 428.150 to 428.360, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 111Committee on Commerce
CHAPTER 93
AN ACT relating to corporate securities; authorizing restrictions on their transfer; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Subject to the limitation imposed by NRS 104.8204, a written restriction on the transfer or registration of transfer of a security of a corporation, if permitted by this section, may be enforced against the holder of the restricted security or any successor or transferee of the holder including an executor, administrator, trustee, guardian or other fiduciary entrusted with like responsibility for the person or estate of the holder.
κ1969 Statutes of Nevada, Page 113 (CHAPTER 93, AB 111)κ
fiduciary entrusted with like responsibility for the person or estate of the holder.
2. A restriction on the transfer or registration of transfer of securities of a corporation may be imposed either by the certificate of incorporation or by the bylaws or by an agreement among any number of security holders or between one or more such holders and the corporation. No restriction so imposed is binding with respect to securities issued prior to the adoption of the restriction unless the holders of the securities are parties to an agreement or voted in favor of the restriction.
3. A restriction on the transfer of securities of a corporation is permitted by this section if it:
(a) Obligates the holder of the restricted securities to offer to the corporation or to any other holder or holders of securities of the corporation or to any other person or persons or to any combination of the foregoing a prior opportunity, to be exercised within a reasonable time, to acquire the restricted securities;
(b) Obligates the corporation or any holder of securities of the corporation or any other person or any combination of the foregoing to purchase the securities which are the subject of an agreement respecting the purchase and sale of the restricted securities;
(c) Requires the corporation or any specified proportion of the holders of any class of securities of the corporation to consent to any proposed transfer of the restricted securities or to approve the proposed transferee of the restricted securities; or
(d) Prohibits the transfer of the restricted securities to designated persons or classes of persons, and such designation is not manifestly unreasonable.
4. Any restriction on the transfer of the shares of a corporation for the purpose of maintaining its status as an electing small business corporation under subchapter S of the United States Internal Revenue Code (26 U.S.C. § 1371 et seq.) is conclusively presumed to be for a reasonable purpose.
5. Any other lawful restriction on transfer or registration of transfer of securities is permitted by this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 112Committee on Commerce
CHAPTER 94
AN ACT relating to corporations; clarifying the restrictions upon transactions involving interested directors or officers; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.140 is hereby amended to read as follows:
78.140 1. Directors and officers shall exercise their powers in good faith and with a view to the interests of the corporation. No contract or other transaction between a corporation and one or more of its directors [,] or officers, or between a corporation and any corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested, is either void or voidable [because such director of directors are] solely for this reason or solely because any such director or officer is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because [his or their votes] the vote or votes of common or interested directors are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:
κ1969 Statutes of Nevada, Page 114 (CHAPTER 94, AB 112)κ
other transaction between a corporation and one or more of its directors [,] or officers, or between a corporation and any corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested, is either void or voidable [because such director of directors are] solely for this reason or solely because any such director or officer is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because [his or their votes] the vote or votes of common or interested directors are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:
(a) The fact of the common directorship or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such director or directors.
(b) The fact of the common directorship or financial interest is disclosed or known to the stockholders, and they approve or ratify the contract or transaction in good faith by a majority vote or written consent of stockholders holding a majority of the shares entitled to vote; the votes of the common or interested [director or] directors or officers shall be counted in any such vote of stockholders.
(c) The contract of transaction is fair as to the corporation at the time it is authorized or approved.
2. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at such meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.
3. Unless otherwise provided in the certificate of incorporation or the bylaws, the board of directors may fix the compensation of directors for services in any capacity.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 61Committee on Government Affairs
CHAPTER 95
AN ACT relating to the state planning board; authorizing the board to negotiate with certain bidders on construction projects; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 341.150 is hereby amended to read as follows:
341.150 1. The state planning board shall furnish engineering and architectural services to all state departments, boards or commissions charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except highway maintenance buildings.
κ1969 Statutes of Nevada, Page 115 (CHAPTER 95, AB 61)κ
charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except highway maintenance buildings. All such departments, boards or commissions are required and authorized to use such services.
2. The services shall consist of:
(a) Preliminary planning.
(b) Designing.
(c) Estimating of costs.
(d) Preparation of detailed plans and specifications.
The board may submit preliminary plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services shall be charges against the appropriations made by the legislature for any and all state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds. The costs shall not exceed the limitations that are or may be provided by the legislature.
3. The board shall:
(a) Have final authority for approval as to architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
(b) Solicit bids for and let all contracts for new construction or major repairs.
(c) Have authority to negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:
(1) The bid is less than the appropriation made by the legislature for that building project; and
(2) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.
(d) Have authority to reject any or all bids.
[(d)] (e) After the contract is let, have supervision and inspection of construction or major repairs. The cost of supervision and inspection shall be a charge against the appropriation or appropriations made by the legislature for the building or buildings.
[(e)] (f) Have final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 116κ
Assembly Bill No. 104Committee on Commerce
CHAPTER 96
AN ACT relating to the indemnification of corporate officers, directors, employees and agents; broadening the provisions for such indemnification; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.520 is hereby amended to read as follows:
41.520 1. As used in this section corporation includes an unincorporated association, and board of directors includes the managing body of an unincorporated association.
2. In an action brought to enforce a secondary right on the part of one or more shareholders in a corporation or association, incorporated or unincorporated, because the corporation or association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the board of directors or trustees and, if necessary, from the shareholders such action as he desires, and the reasons for his failure to obtain such action or the reasons for not making such effort.
3. In any such action, at any time within 30 days after service of summons upon the corporation or any defendant who is an officer or director of the corporation, or held such office at the time of the acts complained of, the corporation or such defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish security as hereinafter provided. Such motion shall be based upon one or more of the following grounds:
(a) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its security holders.
(b) That the moving party, if other than the corporation, did not participate in the transaction complained of in any capacity.
The court on application of the corporation or any defendant may, for good cause shown, extend such 30-day period for an additional period or periods not exceeding 60 days.
4. At the hearing upon such motion, the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material:
(a) To the ground or grounds upon which the motion is based; or
(b) To a determination of the probable reasonable expenses, including attorneys fees, of the corporation and the moving party which will be incurred in the defense of the action. If the court determines, after hearing the evidence adduced by the parties at the hearing, that the moving party has established a probability in support of any of the grounds upon which the motion is based, the court shall fix the nature and amount of security to be furnished by the plaintiff for reasonable expenses, including attorneys fees, which may be incurred by the moving party and the corporation in connection with such action, including expenses which the corporation may incur by reason of any obligation which it may have to indemnify its officers or directors pursuant to [NRS 78.070] section 3 of this act or otherwise.
κ1969 Statutes of Nevada, Page 117 (CHAPTER 96, AB 104)κ
and the corporation in connection with such action, including expenses which the corporation may incur by reason of any obligation which it may have to indemnify its officers or directors pursuant to [NRS 78.070] section 3 of this act or otherwise. A determination by the court that security either shall or shall not be furnished or shall be furnished as to one or more defendants and not as to others shall not be deemed a determination of any one or more issues in the action or of the merits thereof. The corporation and the moving party shall have recourse to such security in such amount as the court shall determine upon the termination of such action. The amount of such security may thereafter from time to time be increased or decreased in the discretion of the court upon showing that the security provided has or may become inadequate or is excessive. If the court, upon any such motion, makes a determination that security shall be furnished by the plaintiff as to any one or more defendants, the action shall be dismissed as to such defendant or defendants, unless the security required by the court shall have been furnished within such reasonable time as may be fixed by the court.
5. If any such motion is filed, no pleadings need be filed by the corporation or any other defendants, and the prosecution of such action shall be stayed, until 10 days after such motion has been disposed of.
Sec. 2. NRS 78.070 is hereby amended to read as follows:
78.070 Subject to such limitations, if any, as may be contained in its certificate or articles of incorporation, or any amendment thereof, every corporation shall have the following powers:
1. To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or otherwise, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful object.
2. To guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of, or any bonds, securities or evidences of the indebtedness created by, any other corporation or corporations of this state, or any other state or government, and, while owners of such stock, bonds, securities or evidences of indebtedness, to exercise all the rights, powers and privileges of ownership, including the right to vote [thereon.] , if any.
3. To purchase, hold, sell and transfer shares of its own capital stock, and use therefor its capital, capital surplus, surplus, or other property or funds; provided:
(a) That no corporation shall use its funds or property for the purchase of its own shares of capital stock when such use would cause any impairment of the capital of the corporation, except as provided in NRS 78.410 to 78.445, inclusive; and
(b) That shares of its own capital stock belonging to the corporation shall not be voted upon, directly or indirectly, nor counted as outstanding, for the purpose of computing any stockholders quorum or vote.
κ1969 Statutes of Nevada, Page 118 (CHAPTER 96, AB 104)κ
4. To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, and any foreign countries.
5. To do all and everything necessary and proper for the accomplishment of the objects enumerated in its certificate or articles of incorporation, or any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not such business is similar in nature to the objects set forth in the certificate or articles of incorporation of such corporation, or any amendment thereof; provided:
(a) That no corporation created under the provisions of this chapter shall, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation of money; and
(b) That nothing in this chapter shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, or without this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.
6. [To indemnify any and all of its directors or officers or former directors or officers or any person who may have served at its request as a director or officer of another corporation in which it owns shares of capital stock or of which it is a creditor against expenses actually and necessarily incurred by them in connection with the defense of any action, suit or proceeding in which they, or any of them, are made parties, or a party, by reason of being or having been directors or officers or a director or officer of the corporation, or of such other corporation, except, in relation to matters as to which any such director or officer or former director or officer or person shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty. Such indemnification shall not be deemed exclusive of any other rights to which those indemnified may be entitled, under any bylaw, agreement, vote of stockholders, or otherwise.
7.] To make donations for the public welfare or for charitable, scientific or educational purposes.
[8.] 7. To enter into partnerships, general or limited, or joint ventures, in connection with any lawful activities.
Sec. 3. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful.
κ1969 Statutes of Nevada, Page 119 (CHAPTER 96, AB 104)κ
including attorneys fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.
2. A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including attorneys fees, actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, but no indemnification shall be made in respect of any claim, issue or matter as to which such person has been adjudged to be liable for negligence or misconduct in the performance of his duty to the corporation unless and only to the extent that the court in which such action or suit was brought determines upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.
3. To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, he shall be indemnified by the corporation against expenses, including attorneys fees, actually and reasonably incurred by him in connection with such defense.
4. Any indemnification under subsections 1 and 2, unless ordered by a court, shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections 1 and 2. Such determination shall be made:
(a) By the stockholders;
(b) By the board of directors by majority vote of a quorum consisting of directors who were not parties to such act, suit or proceeding;
(c) If such a quorum of disinterested directors so orders, by independent legal counsel in a written opinion; or
κ1969 Statutes of Nevada, Page 120 (CHAPTER 96, AB 104)κ
(d) If such a quorum of disinterested directors cannot be obtained, by independent legal counsel in a written opinion.
5. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the corporation in advance of the final disposition of such action, suit or proceeding as authorized by the board of directors in the specific case upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount unless it is ultimately determined that he is entitled to be indemnified by the corporation as authorized in this section.
6. The indemnification provided by this section:
(a) Does not exclude any other rights to which a person seeking indemnification may be entitled under any bylaw, agreement, vote of stockholders or disinterested directors or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office; and
(b) Shall continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person.
7. A corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under the provisions of this section.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 110Committee on Commerce
CHAPTER 97
AN ACT relating to offers to purchase shares of Nevada corporations; imposing restrictions upon certain offers; providing penalties; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. As used in sections 2 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in sections 3 to 12, inclusive, of this act.
Sec. 3. Associate of the offeror means:
1. Any corporation or other organization of which the offeror is an officer, director or partner, or is, directly or indirectly, the beneficial owner of 10 percent or more of any class of equity securities;
κ1969 Statutes of Nevada, Page 121 (CHAPTER 97, AB 110)κ
2. Any person who is, directly or indirectly, the beneficial owner of 10 percent or more of any class of equity securities of the offeror;
3. Any trust or other estate in which the offeror has a substantial beneficial interest or as to which the offeror serves as trustee or in a similar fiduciary capacity; or
4. The spouse of the offeror, or any relative of the offeror or of such spouse who has the same home as the offeror.
Sec. 4. Equity security means:
1. Any stock or similar security;
2. Any security convertible, with or without consideration, into stock or a similar security;
3. Any warrant or right to purchase stock or a similar security; or
4. Any security carrying any warrant or right to purchase stock or a similar security.
Sec. 5. Number of shares means, with respect to any equity security which is not stock or a similar security, the number of shares of stock or a similar security:
1. Into which such equity security is convertible; or
2. Which such equity security evidences or carries the right to purchase.
Sec. 6. Offeree means a person, whether a stockholder of record or a beneficial owner, to whom a takeover bid is made.
Sec. 7. Offeree company means a corporation incorporated under the laws of Nevada whose shares are the subject of a takeover bid.
Sec. 8. Offeror means a person who makes a takeover bid, and includes two or more persons:
1. Whose takeover bids are made jointly or in concert; or
2. Who intend to exercise jointly or in concert any voting rights attaching to the shares for which a takeover bid is made.
Sec. 9. Offerors presently owned shares means the aggregate number of shares of an offeree company which are on the date of a takeover bid either beneficially owned or subject to a right of acquisition, directly or indirectly, by the offeror and each associate of the offeror.
Sec. 10. Person includes an individual, a partnership, a corporation, an unincorporated association or a trust.
Sec. 11. Shares includes any equity security, however its units are denominated.
Sec. 12. 1. Takeover bid means an offer made by an offeror directly or through an agent by advertisement or any other written or oral communication to offerees to purchase such number of shares of any class of equity securities of the offeree company that:
(a) Together with the offerors presently owned shares of that class, will in the aggregate exceed 10 percent of the outstanding shares of such class; or
(b) Together with the offerors presently owned shares of all classes of equity securities of the offeree company, will in the aggregate, after giving effect to all conversion and purchase rights held and to be acquired by the offeror, exceed 10 percent of the number of shares of stock or a similar security of the offeree company which will be outstanding.
2. Takeover bid does not include, with respect to any class of equity securities of the offeree company:
κ1969 Statutes of Nevada, Page 122 (CHAPTER 97, AB 110)κ
(a) An isolated offer to purchase shares from individual stockholders not made to stockholders generally;
(b) An offer to purchase shares in accordance with a registration statement under the Securities Act of 1933 (15 U.S.C. §§ 77a et seq.);
(c) An offer made by an issuer to purchase its own shares or shares of a subsidiary at least two-thirds of the voting stock of which is owned beneficially by such issuer;
(d) An offer to purchase shares to be effected by a registered broker-dealer on a stock exchange or in the over-the-counter market if the broker performs only the customary brokers function, and receives no more than the customary brokers commissions, and neither the principal nor the broker solicits or arranges for the solicitation of orders to sell shares of the offeree company; or
(e) An offer to purchase shares of a class not registered pursuant to § 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 781).
Sec. 13. 1. At least 10 days prior to the making of a takeover bid, the offeror shall file with the resident agent of the offeree company a statement containing the following information:
(a) The name, address and business experience of the offeror and each associate of the offeror;
(b) The terms and conditions of the takeover bid, which shall include the applicable provisions of section 14 of this act;
(c) The source and amount of the funds or other consideration used or to be used in making the takeover bid, and if any part of such funds or consideration is represented or is to be represented by funds or other consideration borrowed or otherwise obtained for the purpose of making such bid, a description of the transaction and the names of the parties thereto, except that where a source of funds is a loan or loans made in the ordinary course of business by a bank or financial institution customarily engaged in the business of making loans, it will be sufficient so to state;
(d) Any plans or proposals that the offeror may have to liquidate the offeree company, to sell its assets to or merge it with any other person, or to make any other material change in its business or corporate structure;
(e) The number of offerors presently owned shares, and a description of any which are not stock or a similar security; and
(f) Information as to any contracts, arrangements or understandings with any person with respect to any securities of the offeree company, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guaranties of loans, guaranties against loss or guaranties of profits, division of losses or profits, or the giving or withholding of proxies, naming the persons with whom such contracts, arrangements or understandings have been entered into, and giving the details thereof.
2. All written soliciting material used by the offeror in connection with the takeover bid shall be filed with the resident agent of the offeree company not later than the time copies of such material are first published or sent or given to offerees.
3. If, pursuant to any arrangement or understanding with the offeror, any persons are to be elected or designated as directors of the offeree company, otherwise than at a meeting of security holders, and the persons so elected or designated will constitute a majority of the directors of the offeree company, then, prior to the time any such person takes office as a director, the offeror shall file with the resident agent of the offeree company, and transmit to all holders of record of securities of the offeree company who would be entitled to vote at a meeting for election of directors, information substantially equivalent to the information which would be required by § 14(a) or 14(c) of the Securities Exchange Act of 1934 (15 U.S.C.
κ1969 Statutes of Nevada, Page 123 (CHAPTER 97, AB 110)κ
company, otherwise than at a meeting of security holders, and the persons so elected or designated will constitute a majority of the directors of the offeree company, then, prior to the time any such person takes office as a director, the offeror shall file with the resident agent of the offeree company, and transmit to all holders of record of securities of the offeree company who would be entitled to vote at a meeting for election of directors, information substantially equivalent to the information which would be required by § 14(a) or 14(c) of the Securities Exchange Act of 1934 (15 U.S.C. § 78n(a) or (c)) to be transmitted if such person or persons were nominees for election as directors at a meeting of such security holders.
Sec. 14. 1. The period of time within which shares may be deposited pursuant to a takeover bid shall not be less than 21 days nor more than 35 days from the date of the first invitation to deposit shares.
2. Shares deposited pursuant to a takeover bid may be withdrawn by an offeree or his attorney-in-fact by demand in writing on the offeror or the depository at any time within 21 days from the date of the first invitation to deposit shares.
3. Where a takeover bid is made for less than all the shares of a class and where a greater number of shares is deposited pursuant thereto than the offeror is bound or willing to take up and pay for, the shares taken up by the offeror shall be taken up as nearly as may be pro rata, disregarding fractions, according to the number of shares deposited.
4. Where an offeror varies the terms of a takeover bid before the expiration thereof by increasing the consideration offered, the offeror shall pay the increased consideration to each offeree whose securities are taken up even if they have been taken up and paid for before the variation of the takeover bid.
5. Where a takeover bid is sent by mail to offerees, it shall be accompanied by a copy of the statement filed with the resident agent pursuant to section 13 of this act.
Sec. 15. Any written solicitation or recommendation to offerees to accept or reject a takeover bid shall be filed with the resident agent of the offeree company not later than the time copies of such solicitation or recommendation are first published or sent or given to offerees.
Sec. 16. 1. As used in this section, damages means an amount equal to the market value of the shares acquired by the offeror plus any dividends or interest paid thereon to the offeror or any person holding under him and minus the consideration received for the shares from the offeror. For the purpose of paragraph (b) of subsection 3, market value is measured on the date the action is commenced. For the purpose of subsection 6, market value is measured on the date when the offer to pay damages is made.
2. Any offeror who:
(a) Makes a takeover bid which does not comply with the provisions of section 13 or 14 of this act; or
(b) Makes a takeover bid by means of an untrue statement of a material fact or any omission to state a material fact necessary to make the statements made, in the light of the circumstances under which they were made, not misleading, where the offeree does not know of such untruth or omission, and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of such untruth or omission,
κ1969 Statutes of Nevada, Page 124 (CHAPTER 97, AB 110)κ
or omission, and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of such untruth or omission,
is liable to any offeree whose shares are taken up pursuant to the takeover bid.
3. An offeree who is entitled to recover pursuant to subsection 2 may bring an action:
(a) To recover such shares, if the offeror still owns them, together with all dividends or interest received thereon, costs and reasonable attorneys fees, upon the tender of the consideration received from the offeror; or
(b) For the substantial equivalent in damages.
4. Every person who materially participates or aids in a takeover bid made by an offeror liable under subsection 2, or who directly or indirectly controls any offeror so liable, is also liable jointly and severally with and to the same extent as the offeror so liable, unless the person who so participates, aids or controls sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There shall be contribution as in cases of contract among the several persons so liable.
5. Any tender specified in this section may be made at any time before entry of judgment.
6. If any person liable by reason of subsection 2 or 4 makes a written offer, before suit is brought, to return the shares taken up pursuant to the takeover bid, together with all dividends or interest received thereon, upon the tender of the consideration received from the offeror, or to pay damages if the offeror no longer owns such shares, an offeree is not entitled to maintain a suit under this section if he has refused or failed to accept such offer within 30 days of its receipt.
Sec. 17. 1. Every nonresident offeror, except a foreign corporation which has appointed and keeps a resident agent in this state, shall be deemed to have appointed the secretary of state as his agent upon whom may be served any demand, legal process, notice or order authorized by sections 2 to 20, inclusive, of this act, with the same effect as though served upon the offeror personally in this state.
2. Service pursuant to subsection 1 shall be accomplished by:
(a) Delivering a copy of the paper or papers served to the secretary of state; and
(b) If a statement has been filed pursuant to section 13 of this act, mailing a copy of the paper or papers served to the offeror at the address given in such statement, by certified or registered mail return receipt requested.
3. In all cases where legal process is served pursuant to this section, the party so served is entitled to 40 days, exclusive of the day of service, within which to answer or plead.
4. This section provides an additional manner of serving process and does not invalidate any other service.
Sec. 18. 1. Any condition, stipulation or provision binding any offeree to waive compliance with any provision of this chapter or of any order thereunder shall be void.
2. The rights and remedies provided by sections 2 to 20, inclusive, of this act are in addition to any other rights and remedies that may exist at law or in equity.
κ1969 Statutes of Nevada, Page 125 (CHAPTER 97, AB 110)κ
of this act are in addition to any other rights and remedies that may exist at law or in equity.
Sec. 19. Any person who:
1. Makes any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
2. Engages in any fraudulent, deceptive or manipulative acts or practices,
in connection with any takeover bid or any solicitation of offerees in opposition to or in favor of any such takeover bid is guilty of a gross misdemeanor.
Sec. 20. 1. Any offeror who makes a takeover bid which does not comply with the provisions of sections 13 and 14 of this act is guilty of a gross misdemeanor.
2. Each offer in violation of sections 2 to 20, inclusive, of this act by advertisement or to a particular offeree constitutes a separate offense under this section.
Sec. 21. This act shall become effective upon passage and approval.
________
Assembly Bill No. 84Mr. May
CHAPTER 98
AN ACT relating to parole; providing the minimum period of imprisonment after which a prisoner is eligible to parole upon conviction of certain offenses under former law; and providing other matters properly relating thereto.
[Approved March 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A prisoner who is sentenced on or after July 1, 1967, to an indeterminate period of imprisonment in the state prison, upon conviction of a crime committed prior to July 1, 1967, and whose sentence does not preclude parole, may be paroled when he has served:
(a) The minimum period for which he was sentenced, less good time credits; or
(b) One year,
whichever is longer.
2. A prisoner who is sentenced on or after July 1, 1967, to life imprisonment upon conviction of a crime committed prior to July 1, 1967, and whose sentence does not preclude parole, may be paroled when he has served 7 calendar years.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 126κ
Senate Bill No. 104Senator Young
CHAPTER 99
AN ACT to amend NRS 444.210, relating to unlawful disposal of garbage and refuse, by reducing the penalty.
[Approved March 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 444.210 is hereby amended to read as follows:
444.210 1. As used in this section, garbage includes any or all of the following: Garbage, swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a [gross] misdemeanor.
3. Every state fish and game warden, police officers of incorporated cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada, within their respective jurisdictions, shall enforce the provisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 129Committee on Education
CHAPTER 100
AN ACT relating to public school education; substituting clerks of boards of trustees of school districts for county auditors as persons who determine the eligibility of teachers to draw salaries; and providing other matters properly relating thereto.
[Approved March 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 385.012 is hereby amended to read as follows:
385.012 The state department of education shall:
[1.] File with the [county auditor of each county] clerk of the board of trustees of each county or joint school district a directory of all teachers who shall be entitled to draw salaries [from the state or] from the county school district or joint school district funds, and shall advise the [county auditor] clerk of the board of trustees from time to time of any changes or additions to the directory.
κ1969 Statutes of Nevada, Page 127 (CHAPTER 100, SB 129)κ
any changes or additions to the directory. [The county auditor shall not draw any warrant in favor of any teacher until he shall be informed officially by the state department of education that such teacher is legally entitled to receive a salary from the state or from county school district or joint school district funds.
2. File with the county auditor a directory of all qualified school trustees of each county or joint school district.]
Sec. 2. NRS 387.310 is hereby amended to read as follows:
387.310 1. Except as provided by NRS 387.307 and subject to the direction of the board of trustees, the clerk of the board shall draw all orders for the payment of moneys belonging to the school district.
2. The orders shall be listed on cumulative voucher sheets and a copy presented to each of the members of the board of trustees present at the meeting and mailed to any absent member; and, when the orders have been approved by a majority of the board of trustees, and the cumulative voucher sheets have been signed by the president and the clerk of the board of trustees, or by a majority of the members of the board of trustees, such orders shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of the funds belonging to such school district.
3. No order in favor of the board of trustees or any member thereof, except for authorized travel expenses and subsistence of trustees or for services of any trustee as clerk of the board, shall be drawn.
4. No order for salary for any teacher may be drawn unless such teacher is included in the directory of teachers supplied to the clerk of the board of trustees under the provisions of NRS 385.012.
Sec. 3. NRS 391.080 is hereby amended to read as follows:
391.080 1. Each teacher employed in this state whose compensation is payable out of the public funds, except teachers employed pursuant to the provisions of NRS 391.070, shall take and subscribe to the constitutional oath of office before entering upon the discharge of his duties.
2. The oath of office, when taken and subscribed, shall be filed in the office of the state department of education.
3. The superintendent of public instruction, deputy superintendents of public instruction, members of boards of trustees of school districts, superintendents of schools, [and] principals of schools and notaries public are empowered to administer the oath of office to teachers.
Sec. 4. NRS 391.120 is hereby amended to read as follows:
391.120 1. Boards of trustees of the school districts in this state shall have the power to employ legally qualified teachers, to determine the salary to be paid each teacher, and the length of the term of school for which teachers shall be employed. These conditions and any other conditions agreed upon by the parties shall be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the teacher. A copy of the contract or notice of reemployment, properly written, shall be delivered to each teacher not later than the opening of the term of school.
2. A board of trustees shall not have the right to employ teachers for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.
κ1969 Statutes of Nevada, Page 128 (CHAPTER 100, SB 129)κ
3. It shall be unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which such teacher is engaged to teach.
4. Notice of the employment of a person shall be given to the state department of education upon a form supplied by such department before a teacher may start to perform under the terms of the contract.
Sec. 5. NRS 391.230 is hereby amended to read as follows:
391.230 1. Upon the opening of any public school in this state, every teacher therein shall file with the superintendent of the county or joint school district a Nevada teachers certificate entitling the holder to teach in the school in which he will be employed, [together with the oath of office,] and any other report that the superintendent of public instruction shall require.
2. The superintendent of the county or joint school district shall acknowledge the receipt of each teachers certificate, shall make a proper record of the same in his office. [, and shall forward the oath of office to the state department of education.] The teachers certificate shall remain on file and shall be safely kept in the office of the superintendent of the county or joint school district.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 133Committee on Education
CHAPTER 101
AN ACT relating to the certification of public school teachers; removing the authority to grant temporary teaching permits; and providing other matters properly relating thereto.
[Approved March 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.020 is hereby amended to read as follows:
391.020 1. All teachers certificates and life diplomas shall be granted by the state board of education. The state board of education may issue certificates to all qualified persons under the rules and regulations of the state board of education.
2. Every applicant for a certificate shall submit with his application a complete set of his fingerprints and written permission authorizing the state board of education to forward such fingerprints to the Federal Bureau of Investigation for its report.
3. [An applicant for a certificate, who is otherwise qualified, may be issued a temporary permit to teach until the report referred to in subsection 2 has been received. Such permit shall allow the applicant to enjoy all the privileges and duties of a certificated teacher.
4.] Upon receipt of the report referred to in subsection 2 and a determination by the state board of education that the applicant is qualified, a certificate shall be issued to the applicant.
κ1969 Statutes of Nevada, Page 129 (CHAPTER 101, SB 133)κ
Sec. 2. NRS 391.030 is hereby amended to read as follows:
391.030 The state board of education is authorized to provide for and establish a certification [bureau] office in the state department of education and to provide for the employment of a competent assistant. The superintendent of public instruction, without extra compensation, shall be the administrator of the certification [bureau.] office.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 185Committee on Government Affairs
CHAPTER 102
AN ACT relating to the attorney general; providing for counties to pay costs of special investigators; providing for unmarked automobiles for special investigators; and providing other matters properly relating thereto.
[Approved March 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 228.130 is hereby amended to read as follows:
228.130 1. In all criminal cases where, in the judgment of the district attorney, the personal presence of the attorney general or the presence of a deputy or special investigator is required in cases mentioned in subsection 2, before making a request upon the attorney general for such assistance the district attorney must first present his reasons for making the request to the board of county commissioners of his county and have the board adopt a resolution joining in the request to the attorney general.
2. In all criminal cases where help is requested from the attorney generals office, as mentioned in subsection 1, in the presentation of criminal cases before a committing magistrate, grand jury, or district court, the board of county commissioners of the county making such request shall, upon the presentation to the board of a duly verified claim setting forth the expenses incurred, pay from the general funds of the county the actual and necessary traveling expenses of the attorney general or his deputy or his special investigator from Carson City, Nevada, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such [officer] person for board and lodging from the date such [officer] person leaves until the date he returns to Carson City.
3. This section shall not be construed as directing or requiring the attorney general to appear in any proceedings mentioned in subsection 2, but in acting upon any such request the attorney general may exercise his discretion, and his judgment in such matters shall be final.
Sec. 2. 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.
κ1969 Statutes of Nevada, Page 130 (CHAPTER 102, AB 185)κ
$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 the attorney general, 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.
6. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
Sec. 3. 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 the attorney general, 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 the attorney general, 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.
κ1969 Statutes of Nevada, Page 131 (CHAPTER 102, AB 185)κ
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 the attorney general, 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.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 160Committee on Judiciary
CHAPTER 103
AN ACT relating to the legislative counsel bureau; providing that audits in progress may be continued beyond session limitations; and providing other matters properly relating thereto.
[Approved March 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.635 is hereby amended to read as follows:
218.635 1. The legislative commission shall, between sessions of the legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the legislature within the limits of available time, money and staff. The legislative commission shall not make studies or investigations so directed by resolutions of only one house of the legislature.
2. Between sessions of the legislature no study or investigation shall be initiated or continued by the fiscal analyst, the legislative counsel or the research director and their staffs except such studies and investigations which have been specifically authorized by concurrent resolutions of the legislature or by an order of the legislative commission. No study or investigation shall be carried over from one session of the legislature to the next without additional authorization by a concurrent resolution of the legislature [.] , except audits in progress, whose carryover has been approved by the legislative commission.
Sec. 2. NRS 218.770 is hereby amended to read as follows:
218.770 The powers and duties of the fiscal analyst shall be:
1. To perform a postaudit of all accounts, books and other financial records of all state departments that are charged with the collection, custody or expenditure of public funds, and to prepare a written report [or reports] of [such audit or audits to] each audit for the legislative commission and [to] for such other person or persons as designated in this chapter.
κ1969 Statutes of Nevada, Page 132 (CHAPTER 103, SB 160)κ
commission and [to] for such other person or persons as designated in this chapter.
2. To personally, or by his authorized assistants, examine and audit when ordered by the legislative commission all fiscal books, records and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.
3. To recommend such changes in the accounting system or systems and record or records of the state departments as in his opinion will augment or provide a uniform, adequate and efficient system of records and accounting.
4. To determine whether the handling of the public money is protected by adequate accounting controls.
5. To determine whether all revenues or accounts due have been collected or properly accounted for and whether expenditures have been made in conformance with law and good business practice.
6. To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.
7. To determine whether fraud or dishonesty has occurred in the handling of funds or property.
8. To determine whether property and equipment are properly accounted for and that none is improperly used or disposed of.
9. To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.
10. To cooperate with the executive officers of any and all state departments in outlining and installing a uniform, adequate and efficient system of records and accounting.
11. To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.
12. To employ and authorize, at his discretion and subject to his direction and responsibility, an independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform an audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited. The provisions of this subsection shall not be applicable to the employment security department.
13. To ascertain facts and make recommendations to the legislature concerning the state budget and the estimates of the expenditure requirements of the departments, institutions and agencies of the state government.
κ1969 Statutes of Nevada, Page 133 (CHAPTER 103, SB 160)κ
14. To make projections of future public revenues for the use of the legislature.
15. To make recommendations to the legislative commission for the enactment or amendment of statutes based upon the results of the performance of his postaudit duties.
Sec. 3. NRS 218.810 is hereby amended to read as follows:
218.810 1. In addition to the other duties provided for the fiscal analyst, he shall thoroughly examine all departments of the state government with special regard to their activities and the duplication of efforts between departments.
2. Upon completing the examination of any state department, he shall furnish the head thereof with a preliminary report of, among other things:
(a) The status and condition of all public funds in charge of such department.
(b) The amount of duplication between work done by the department so examined and other departments of the state government.
(c) The expense of operating the department.
(d) Breaches of trust and duty, if any, by an officer, property custodian, purchasing agent, or other custodian or disbursement officer of public funds.
(e) Any suggested changes looking toward economy and the elimination of duplication and inefficiency.
3. After the fiscal analyst has furnished a preliminary report to the head of the state department, the fiscal analyst or his designated representative shall discuss the report with the head of the state department. If the head of the state department desires, he may submit to the fiscal analyst within 10 days after the discussion his written statement of explanation or rebuttal concerning any of the findings, and the fiscal analyst shall quote in the final report the officers explanation or rebuttal to any of the findings included in the final report.
4. [Copies] Each final report shall be submitted to the legislative commission. After such report has been accepted by the legislative commission, copies of each final report shall be filed with the governor, the lieutenant governor, the secretary of state, and each member of the legislature.
Sec. 4. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, [and] chapters 628 to 644, inclusive, and chapter 653 of NRS shall engage the services of an independent certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.
2. A report of each such audit shall be filed with the fiscal analyst and the director of the budget on or before December 1 of each year. The fiscal analyst shall prescribe the shape, size and general style or makeup of the report.
3. The fiscal analyst may audit the fiscal records of any such board or commission only if the legislative commission is dissatisfied with the independent audit and directs the fiscal analyst to perform an audit.
κ1969 Statutes of Nevada, Page 134 (CHAPTER 103, SB 160)κ
independent audit and directs the fiscal analyst to perform an audit. The cost of any such audit shall be paid by the legislative counsel bureau.
Sec. 5. NRS 218.830 is hereby amended to read as follows:
218.830 1. The fiscal analyst shall prepare an annual report [to] for the governor, the legislative counsel bureau and members of the legislature. Copies of the report shall be filed in the office of the secretary of state.
2. The annual report shall contain, among other things:
(a) Copies of, or the substance of, reports made to the various state departments, as well as a summary of changes made in the system of accounts and records thereof.
(b) Specific recommendations to the legislature for the amendment of existing laws or the enactment of new laws designed to improve the functioning of various departments of the state government to the end that more efficient service may be rendered and the cost of government reduced.
Sec. 6. NRS 218.850 is hereby amended to read as follows:
218.850 1. Each of the audits provided for in this chapter shall be made and concluded as directed by the legislative commission and in accordance with the terms of NRS 218.740 to 218.890, inclusive, but shall be concluded and reports thereof made not later than 30 days before the convening of each regular session of the legislature [.] , except in the case of an audit in progress, continuing work on which has been approved by the legislative commission.
2. The legislative commission shall direct the fiscal analyst to make any special audit or investigation that in its judgment is proper and necessary to carry out the purpose of this chapter or to assist the legislature in the proper discharge of its duties.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 28Committee on Federal, State and Local Governments
CHAPTER 104
AN ACT relating to a judicial examination into and confirmation of powers, contracts, deeds, bonds, other securities, proceedings, other instruments, acts or undertakings of the state and its political subdivisions; providing a procedure therefor, including notice of a court hearing thereon; and providing other matters properly relating thereto.
[Approved March 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 3 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. This chapter shall be known as the Judicial Confirmation Law.
Sec. 3. The legislature of the State of Nevada determines, finds and declares in connection with this chapter:
κ1969 Statutes of Nevada, Page 135 (CHAPTER 104, SB 28)κ
1. An early judicial examination into and determination of the validity of any power, instrument, act or project of any municipality promotes the health, comfort, safety, convenience and welfare of the people of this state.
2. The provision in this chapter of the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities pertaining to municipalities will serve a public function and effect a public purpose.
3. Any notice provided for in this chapter is reasonably calculated to inform each person of interest in any proceedings thereunder which may directly and adversely affect his legally protected interests, if any.
4. The rule of strict construction shall have no application to this chapter, but this chapter shall be liberally construed to effect the purposes and objects for which it is intended.
Sec. 4. Except where the context otherwise requires, the definitions in sections 5 to 10, inclusive, of this act govern the construction of the Judicial Confirmation Law.
Sec. 5. Act means any action, proposed or taken, by a municipality in the exercise of any power.
Sec. 6. Executive officer means the de jure or de facto governor of this state, mayor, chairman, president or other titular head or chief official of the municipality proceeding under this chapter, but executive officer does not include a city manager, county manager or other chief administrator of a municipality who is not its titular head.
Sec. 7. 1. Governing body means:
(a) The state commission or state board responsible for the exercise of a power by the state or responsible for an instrument, act or project of the state to which court proceedings authorized by this chapter and initiated by the state pertain; and
(b) The city council, city commission, board of supervisors, board of commissioners, board of trustees, board of directors, board of regents or other legislative body of a municipality proceeding under this chapter.
2. Governing body does not include the legislature of the State of Nevada if the municipality is the state or any corporation, instrumentality or other agency thereof.
Sec. 8. Instrument means any contract, deed, bond, other security, proceedings or other document of any kind, proposed, or executed or otherwise made, and pertaining to a municipality proceeding under this chapter.
Sec. 9. Municipality means the State of Nevada, or any corporation, instrumentality or other agency thereof, or any incorporated city or town, any unincorporated city or town, or any county, school district, conservancy district, drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this state, housing authority, urban renewal authority, other type of authority, the University of Nevada, the board of regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.
Sec. 10. Project means any undertaking, proposed or taken, to which a power, instrument or act of a municipality proceeding under this chapter and before a court for judicial confirmation pertains.
Sec. 11. 1. In its discretion the governing body may file or cause to be filed a petition at any time in the district court in and for any county in which the municipality is located or any act or project is undertaken, wholly or in part, praying a judicial examination and determination of the validity of any power conferred or of any instrument, act or project of the municipality, whether or not such power has been exercised, such instrument has been executed or otherwise made or such act or project has been taken.
κ1969 Statutes of Nevada, Page 136 (CHAPTER 104, SB 28)κ
county in which the municipality is located or any act or project is undertaken, wholly or in part, praying a judicial examination and determination of the validity of any power conferred or of any instrument, act or project of the municipality, whether or not such power has been exercised, such instrument has been executed or otherwise made or such act or project has been taken.
2. Such petition shall set forth the facts whereon the validity of such power, instrument, act or project is founded and shall be verified by the executive officer.
Sec. 12. The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as provided in this chapter.
Sec. 13. 1. Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any instrument therein mentioned may be examined.
2. The notice shall be served:
(a) By publication at least once a week for 5 consecutive weeks by five weekly insertions, in at least a newspaper of general circulation in the municipality; and
(b) By posting the same in the office of the municipality at least 30 days prior to the date fixed in the notice for the hearing on the petition.
3. Jurisdiction shall be complete after such publication and posting.
Sec. 14. 1. Any owner of property in the municipality or any other person interested in the power, instrument, act or project, or otherwise interested in the premises may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court.
2. The petition shall be taken as confessed by all persons who fail so to appear.
Sec. 15. 1. The petition and notice shall be sufficient to give the court jurisdiction, and upon hearing the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants.
2. Costs may be divided or apportioned among any contesting parties in the discretion of the district court.
Sec. 16. Review of the judgment of the court may be had as in other similar cases, except that such review must be applied for within 30 days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within 30 days.
Sec. 17. 1. Nevada Rules of Civil Procedure shall govern in matters of pleading and practice where not otherwise specified herein.
2. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties.
3. All cases in which there may arise a question of the validity of any matter under this chapter shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable moment.
Sec. 18. 1. This chapter, without reference to other statutes of this state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers therein granted.
κ1969 Statutes of Nevada, Page 137 (CHAPTER 104, SB 28)κ
state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers therein granted.
2. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed thereby shall not affect the powers conferred by, any other law.
3. Nothing contained in this chapter shall be construed as preventing the exercise of any power granted to the municipality, acting by and through the governing body, or any officer, agent or employee of the municipality, or otherwise, by any other law.
4. No part of this chapter shall repeal or affect any other law or part thereof, it being intended that this chapter shall provide a separate method of accomplishing its objectives and not an exclusive one; and this chapter shall not be construed as repealing, amending or changing any such other law.
Sec. 19. This act shall become effective upon passage and approval.
________
Senate Bill No. 67Committee on Judiciary
CHAPTER 105
AN ACT relating to elections; providing flexibility for the placement of a candidates designation by party or otherwise upon ballot labels.
[Approved March 7, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.267 is hereby amended to read as follows:
293.267 1. General election ballots shall contain the names of candidates who were nominated at the primary election and the names of independent candidates.
2. Names of candidates shall be grouped alphabetically under the title of the office for which such candidates filed.
3. Except as provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan office shall appear the name of his political party or the word independent, as the case may be.
(b) Immediately following the name of each candidate for a nonpartisan office shall appear the word nonpartisan.
4. In prescribing the form of ballot labels, the secretary of state may provide for any placement of the name of the political party or the word independent or nonpartisan which clearly relates such designation to the name of the candidate to whom it applies.
________
κ1969 Statutes of Nevada, Page 138κ
Assembly Bill No. 122Committee on Agriculture
CHAPTER 106
AN ACT relating to the state department of agriculture; authorizing the executive director to prescribe the manner of billing and collection of fees for services rendered; and providing other matters properly relating thereto.
[Approved March 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The executive director may by rule or regulation adopt such procedures as he may deem appropriate for the billing or collection of fees for any service rendered by the department under Titles 49 and 50 of NRS for which fees are collectible.
Sec. 2. NRS 565.070 is hereby amended to read as follows:
565.070 1. The department is authorized to levy and collect a reasonably compensatory fee or fees for brand inspection as required under the provisions of this chapter. Any fee or fees so levied shall be collected [by the inspector before the issuance of a brand inspection clearance certificate as provided for in this chapter.
2. Any such fee or fees so collected by any inspector shall, in accordance with the provisions of a regulation adopted and issued by the executive director, either:
(a) Be immediately forwarded by him to the office of the department; or
(b) Be retained by him as compensation and accounted for by him at the time and in the manner required by regulation of the executive director.] in the manner prescribed by the executive director.
________
Assembly Bill No. 124Committee on Agriculture
CHAPTER 107
AN ACT relating to estrays; limiting charges for the care of estrays to amounts approved as reasonable by the state department of agriculture.
[Approved March 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 569.060 is hereby amended to read as follows:
569.060 1. Upon receiving notice of the taking up of an estray the department, or its duly authorized agent, shall make or cause to be made an examination of the state brand records.
2. If from the records the name of the owner or probable owner can be determined, the department, or its duly authorized agent, shall forthwith notify him of the taking up of such estray or estrays.
3. Upon the owners proving to the satisfaction of the department that the estray animal or animals are lawfully his, the department shall issue to him an order to receive the same upon the payment of any damages allowed by law and [any reasonable charges] such charges as may be approved by the department as reasonable which may have been incurred in the care of the animal or animals so taken up.
κ1969 Statutes of Nevada, Page 139 (CHAPTER 107, AB 124)κ
issue to him an order to receive the same upon the payment of any damages allowed by law and [any reasonable charges] such charges as may be approved by the department as reasonable which may have been incurred in the care of the animal or animals so taken up. No charge of more than $1.50 per day per head shall be made or allowed for the care of any such estray.
4. Upon receipt of a notice of the taking up of such an estray, the department, or its duly authorized agent, may require a closer examination of the brands and marks, as set forth in the notice, and may require a state inspector to examine the same before advertising.
________
Assembly Bill No. 143Mr. Kean
CHAPTER 108
AN ACT relating to the Uniform Commercial Code; including certain businesses within the bulk transfers provision of the Uniform Commercial Code; and providing other matters properly relating thereto.
[Approved March 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 104.6102 is hereby amended to read as follows:
104.6102 1. A bulk transfer is any transfer in bulk and not in the ordinary course of the transferors business of a major part of the materials, supplies, merchandise or other inventory (NRS 104.9109) of an enterprise subject to this article.
2. A transfer of a substantial part of the equipment (NRS 104.9109) of such an enterprise is a bulk transfer if it is made in connection with a bulk transfer of inventory, but not otherwise.
3. The enterprises subject to this article are all those whose principal business is the sale of merchandise from stock, including those who manufacture what they sell [.] , or whose principal business is a restaurant, cafe, bar or cocktail lounge.
4. Except as limited by the following section all bulk transfers of goods located within this state are subject to this article.
________
Assembly Bill No. 413Mrs. Brookman
CHAPTER 109
AN ACT relating to the registration of vehicles; removing the requirement that certificates of registration be displayed; and providing other matters properly relating thereto.
[Approved March 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.255 is hereby amended to read as follows:
482.255 Upon receipt of a certificate of registration, every owner shall place [the same in a container and shall securely fasten the same in plain sight within the drivers compartment of] it in the vehicle for which such certificate is issued.
κ1969 Statutes of Nevada, Page 140 (CHAPTER 109, AB 413)κ
plain sight within the drivers compartment of] it in the vehicle for which such certificate is issued. If the vehicle is a motorcycle, trailer or semitrailer, he shall [fasten the certificate of registration thereto in plain sight or] carry such certificate in the toolbag or other convenient receptacle attached to the vehicle.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 38Messrs. Howard, Getto and Jacobsen
CHAPTER 110
AN ACT relating to substitute dairy products; authorizing the state dairy commission to administer and enforce the statutory provisions regulating the use and labeling of substitute dairy products; exempting certain retail grocery stores and employer-maintained facilities from required notices concerning the service of substitute dairy products; and providing other matters properly relating thereto.
[Approved March 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 584 is hereby amended by adding thereto a new section which shall read as follows:
The state dairy commission shall administer and enforce the provisions of NRS 584.176 to 584.179, inclusive.
Sec. 2. NRS 584.178 is hereby amended to read as follows:
584.178 1. No operator, owner or proprietor of any place of business which sells prepared food for consumption either on or off the premises may serve any substitute dairy product unless:
(a) There is displayed in a prominent place in each room a sign in black letters not less than 4 inches high upon a white background bearing the words, ........................... served here instead of ................................; or
(Name of substitute) (Genuine dairy product)
(b) There is contained in each menu used in such place of business a statement printed in not less than 8-point type containing the words, ............................ served here instead of ................................
(Name of substitute) (Genuine dairy product)
2. This section does not apply to [schools,] :
(a) Schools, hospitals, orphanages, licensed rest homes, foster homes, licensed day nurseries or any charitable institution which serves such food free of charge.
(b) Retail grocery stores not operating lunch counters, cafes or restaurants in connection with such grocery stores.
(c) Any facility maintained by an employer primarily for the benefit of employees.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 141κ
Assembly Bill No. 278Committee on Government Affairs
CHAPTER 111
AN ACT relating to water; declaring that the use of water for recreational purposes is a beneficial use; and providing other matters properly relating thereto.
[Approved March 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 533.030 is hereby amended to read as follows:
533.030 1. Subject to existing rights, all such water may be appropriated for beneficial use as provided in this chapter and not otherwise.
2. The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, is hereby declared to be a beneficial use.
________
Senate Bill No. 52Committee on Federal, State and Local Governments
CHAPTER 112
AN ACT relating to appointments of division chiefs in the department of commerce, by adding the commissioner of savings associations to the list of those appointed by the director of the department.
[Approved March 12, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. [, except the savings and loan division.] In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, and the chief of the savings and loan division shall be known as the commissioner of savings associations.
2. Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, and all other provisions of law relating to the functions of the divisions of the department.
Sec. 2. NRS 673.0351 is hereby amended to read as follows:
673.0351 The commissioner shall:
1. [Be appointed by and serve at the pleasure of the governor.
2.] Have had experience in the savings and loan field.
κ1969 Statutes of Nevada, Page 142 (CHAPTER 112, SB 52)κ
[3.] 2. Receive an annual salary in the amount specified in NRS 281.115.
[4.] 3. Receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 166Committee on Judiciary
CHAPTER 113
AN ACT to amend NRS 80.240, relating to foreign corporations which do not maintain an office in this state for the transaction of business, by imposing an additional fee for the late filing of a required list.
[Approved March 12, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.240 is hereby amended to read as follows:
80.240 1. Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business, may carry on any one or more of the following activities:
(a) The acquisition of loans, notes or other evidences of indebtedness secured by mortgages, deeds or deeds of trust on real property situated in this state, by purchase or assignment from, or by participation with a domestic lender, pursuant to the commitment agreement or arrangements made prior to or following the origination, creation or execution of such loans, notes or other evidences of indebtedness.
(b) The ownership, modification, renewal, extension or transfer of such loans, notes or other evidences of indebtedness, the foreclosure of such mortgages or deeds of trust, or the acceptance of additional obligors thereon.
(c) The maintaining or defending of any action or suit relative to such loans, notes, mortgages or deeds of trust.
(d) The maintaining of bank accounts in Nevada banks in connection with the collection or securing of such loans.
(e) The making, collection or servicing of such loans.
(f) The acquisition of title to property under foreclosure sale or from owners in lieu of foreclosure, and the management, rental, maintenance, sale or otherwise dealing or disposing of such real property.
(g) The physical inspection and appraisal of all property in Nevada which is to be given as security for such loans and negotiations for the purchase of such loans.
2. Any corporation or association carrying on the activities enumerated in subsection 1 of this section shall, for the purpose of this section, be deemed to have appointed the secretary of state as its agent upon whom all lawful process in any action or legal proceeding against it relative to any loan, mortgage or deed of trust enumerated in subsection 1 of this section or any cause of action arising in this state may be served, and any such lawful process against it which may be served upon the secretary of state as provided in this section shall be of the same force and validity as if served upon the corporation or association.
κ1969 Statutes of Nevada, Page 143 (CHAPTER 113, SB 166)κ
all lawful process in any action or legal proceeding against it relative to any loan, mortgage or deed of trust enumerated in subsection 1 of this section or any cause of action arising in this state may be served, and any such lawful process against it which may be served upon the secretary of state as provided in this section shall be of the same force and validity as if served upon the corporation or association.
3. Process authorized by subsection 2 of this section shall be served by delivering to and leaving with the secretary of state duplicate copies of such process with payment of a fee in the sum of $2, and service thereof upon the secretary of state shall be deemed service upon the corporation or association. The secretary of state shall forthwith forward one copy of each such process by registered mail prepaid to the corporation or association, or in the case of a corporation or association organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the corporation or association, giving the day and the hour of such service. Service of such process shall not be complete until the copy thereof has been so mailed and received by the corporation or association, and the registry receipt shall be prima facie evidence of the completion of such service. If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the corporation or association is required to appear shall be deemed to be extended 10 days.
4. Any corporation or association carrying on the activities enumerated in subsection 1 of this section shall, on or before June 30 of each year, file a list of officers and directors and shall pay a fee of $50 for filing the list of officers and directors and the fee shall be in lieu of any fees or charges otherwise imposed on corporations under the laws of this state. The filing of such annual list shall not constitute the maintenance of an office for the transaction of business within the state for the purposes of subsection 1 of this section. Any such corporation or association which refuses or neglects to pay the fee and file such a list of officers and directors within the time provided shall pay, in addition to the amount of the fee, a penalty of $12.50; and unless such fee and penalty are paid and such lists are filed on or before the 1st Monday in August following the due date, the defaulting corporation shall forfeit the amount of such fee and penalty to the State of Nevada and its right to transact any business within this state. The fee and penalty shall be collected as provided in NRS 80.160.
5. No corporation or association carrying on the activities stated in subsection 1 of this section shall be required to qualify or comply with any provision of NRS 80.010 to 80.230, inclusive, or Title 55 of NRS.
________
κ1969 Statutes of Nevada, Page 144κ
Senate Bill No. 210Senator Pozzi
CHAPTER 114
AN ACT authorizing Ormsby County to construct, otherwise acquire, improve, extend and better recreational facilities, including without limitation an auditorium, recreation center, other recreational facilities and buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor; authorizing the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $700,000; providing for the payment of the bonds and the interest thereon by the levy and collection of general (ad valorem) taxes and optionally with the proceeds of a lodgers room tax; otherwise stating powers, duties, immunities, rights, privileges, liabilities, disabilities, other limitations and other details in connection therewith; and providing other matters properly relating thereto.
[Approved March 12, 1969]
Whereas, The county fair and recreation board of the County of Ormsby, State of Nevada (herein sometimes designated as the Recreation Board, the County and the State, respectively), ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 5th day of November, 1968, to the duly qualified electors of the County, a proposal authorizing the County to incur an indebtedness by the issuance at one time or from time to time of the Countys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $700,000, or so much thereof as may be necessary, for the purpose of constructing, otherwise acquiring, improving, extending and bettering recreational facilities, including without limitation an auditorium, recreation center, other recreational facilities and buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor (herein sometimes designated as the bonds and the Project, respectively), such bonds to bear interest at a rate or rates of not exceeding 6 percent per annum, to mature serially commencing not later than 3 years and ending not later than 30 years from the date or respective dates of the bonds, payable from general (ad valorem) taxes (sometimes designated in this act as taxes), except to the extent other moneys are available therefor, and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the authorizing board may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium, for securing additionally the payment of bonds by pledging all or any part of the revenues derived from the operation of the Countys recreational facilities, including but not necessarily limited to the auditorium and recreation center, from license taxes fixed and imposed for revenues upon certain operators of hotels and motels, and from any other sources legally made available therefor; and
Whereas, The proposal was approved by a majority voting thereon of those qualified electors of the County who were owners of, or spouses of owners of, real property in the County assessed on the assessment roll of the County and also by a majority voting thereon of all other qualified electors of the County; and
Whereas, The board of county commissioners of Ormsby County (herein sometimes designated as the County Board), has previously enacted and amended County Ordinance No.
κ1969 Statutes of Nevada, Page 145 (CHAPTER 114, SB 210)κ
enacted and amended County Ordinance No. 1965-5 (sometimes designated in this act as the County Tax Ordinance) fixing and imposing pursuant to NRS 244.335 a license tax for revenues on every licensee operating a room rental business within the County outside of the limits of incorporated cities and towns (sometimes designated in this act as the County Lodgers Room Tax), subject to certain exemptions expressed in the County Tax Ordinance, and appropriated or assigned the proceeds of such tax to the Recreation Board for administration in accordance with NRS 244.743; and
Whereas, The city council of Carson City (herein sometimes designated as the City Council and the City, respectively), located in the County and the State, has also similarly enacted and amended Ordinance No. 372 (sometimes designated in this act as the City Tax Ordinance), fixing and imposing a license tax for revenues on every licensee operating a room rental business within the City (sometimes designated in this act as the City Lodgers Room Tax), subject to certain exemptions expressed in the City Tax Ordinance, and assigned the proceeds of such tax to the County for administration by the Recreation Board in accordance with NRS 268.095; and
Whereas, The City is the only incorporated city or incorporated town in the County; and
Whereas, The Recreation Board, the County Board and the City Council desire to be authorized to use the County Lodgers Room Tax and the City Lodgers Room Tax (sometimes collectively designated in this act as the Lodgers Room Taxes), possibly after the deduction from the gross proceeds thereof of the reasonable costs of their collection and administration not exceeding in any fiscal year 10 percent of such gross proceeds (sometimes designated in this act as the Gross Revenues and the Net Revenues), to pay the principal of, interest on and any prior redemption premiums due in connection with the bonds (sometimes designated in this act as the Bond Requirements), to secure the payment of the Bond Requirements by a pledge of the Gross Revenues or the Net Revenues, and thereby to reduce or eliminate the taxes levied for the payment of the Bond Requirements as the same become due from time to time; and
Whereas, The Recreation Board, the County Board and the City Council also desire to be authorized so to secure the payment of such general obligation bonds with the proceeds of the Lodgers Room Taxes without any pledge of any revenues derived from the operation of the recreation facilities acquired as a part of the Project; and
Whereas, It is hereby declared, as a matter of legislative determination, that existing legal limitations are unduly restrictive and by their modification a more economical and otherwise superior plan of financing the Project can be achieved; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The County, acting by and through the Recreation Board, in addition to the powers elsewhere conferred upon the County, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the Countys negotiable, coupon, general obligation bonds, payable from taxes (except to the extent other moneys are available for such payment) in the aggregate principal amount of not exceeding $700,000, or such lesser amount as may be necessary or desirable, as determined by the Recreation Board, for the purpose of constructing, otherwise acquiring, improving, extending and bettering recreational facilities, including without limitation an auditorium, recreation center, other recreational facilities and buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor (or any combination thereof).
κ1969 Statutes of Nevada, Page 146 (CHAPTER 114, SB 210)κ
another election or other or further preliminaries, to issue the Countys negotiable, coupon, general obligation bonds, payable from taxes (except to the extent other moneys are available for such payment) in the aggregate principal amount of not exceeding $700,000, or such lesser amount as may be necessary or desirable, as determined by the Recreation Board, for the purpose of constructing, otherwise acquiring, improving, extending and bettering recreational facilities, including without limitation an auditorium, recreation center, other recreational facilities and buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor (or any combination thereof).
Sec. 2. The Recreation Board may additionally secure the payment of the bonds by a pledge of Gross Revenues or Net Revenues derived from the Lodgers Room Taxes.
Sec. 3. The county shall not deliver any bonds authorized in this act after the expiration of 5 years from its effective date.
Sec. 4. The bonds and any coupons shall be executed in the manner provided in the Local Government Securities Law, as from time to time amended; but the bonds shall also bear the manual or facsimile signature of the chairman of the Recreation Board.
Sec. 5. The Recreation Board shall assign the proceeds of the bonds to the County Board for administration and otherwise to defray the cost of the Project, subject to any limitations imposed by law, including without limitation the resolution authorizing the issuance of the bonds or any other proceedings pertaining thereto.
Sec. 6. Upon the issuance of any bonds the County, acting by and through the County Board, as assisted by the Recreation Board and any architects and other consultants employed by the Recreation Board on behalf of the County in connection with the Project or the bonds, shall effect the Project.
Sec. 7. Except as otherwise provided in this act, the Recreation Board or the County Board, or both such governing bodies, as either or both may determine from time to time, on the behalf and in the name of the County, may borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other securities of the County, constituting its general obligations, the payment of which may be additionally secured by a pledge of such Gross Revenues or Net Revenues, and in connection with the Project or any recreational facilities pertaining thereto, either or both such governing bodies may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 8. 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 Local Government 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. 9. This act, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
κ1969 Statutes of Nevada, Page 147 (CHAPTER 114, SB 210)κ
Sec. 10. 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. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 218Senators Bunker and Monroe
CHAPTER 115
AN ACT relating to foreign corporations; modifying the provision for publication of annual statements; and providing other matters properly relating thereto.
[Approved March 12, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.190 is hereby amended to read as follows:
80.190 1. [All] Except as otherwise provided in subsection 3, all foreign corporations doing business in this state shall, not later than the month of March in each year, publish a statement of their last calendar years business in some newspaper selected by the corporation and published in the State of Nevada. If published in a daily newspaper, the statement shall be published for five consecutive times in 1 week, or if published in a semiweekly or triweekly newspaper, for a period of 2 weeks, or if published in a weekly newspaper, for a period of 4 weeks. In any case in which the statement is published in a semimonthly newspaper, issued twice monthly, the statement shall be published in four consecutive numbers or issues of the newspaper.
2. The secretary of the corporation publishing the statement shall file a copy with the assessor of each county in this state in which the corporation is doing business.
3. If the corporation keeps its records on the basis of a fiscal year other than the calendar, the statement required by subsection 1 shall be published not later than the end of the third month following the close of such fiscal year.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 148κ
Senate Bill No. 53Committee on Federal, State and Local Governments
CHAPTER 116
AN ACT relating to the state controller; abolishing certain duties of the controller and removing obsolete references to the controllers seal; and providing other matters properly relating thereto.
[Approved March 12, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 227.140 is hereby amended to read as follows:
227.140 The state controller is ex officio state fiscal officer. In addition to the duties now prescribed for the ex officio office, and as a part thereof, he shall [:
1. Serve as a member of the state insurance rating board.
2. Serve] serve as a state fiscal officer for the Federal Government and compute, withhold and account for all state payroll deductions and keep all records in connection with administration of and compliance with the federal revenue and income tax laws.
Sec. 2. NRS 361.555 is hereby amended to read as follows:
361.555 1. The county auditor shall be liable on his official bond for double the amount of the loss that the state and county may sustain through the defalcation of the county assessor, or otherwise, in cases where he has not notified the district attorney of the neglect or refusal of the county assessor to make his monthly statement, under oath, of collection of the tax on movable personal property as required by law.
2. The state controller shall have direction and control of all suits brought against the county auditor under this section. A copy of the statement of amount lost by the state and county, made out and certified by the state controller, [with his official seal affixed thereto,] shall be sufficient evidence to support an action in any court of competent jurisdiction for the amount of such loss without proof of the signature or official character of the state controller, subject, however, to the right of the defendant to plead and give in evidence, as in other actions, all such matters as shall be legal and proper for his defense or discharge.
3. One-half of all moneys recovered under such suit against the county auditor shall go into the general fund of the state and one-half shall go into the general fund of the county.
Sec. 3. NRS 539.655 is hereby amended to read as follows:
539.655 1. Whenever any bond of an irrigation district organized and existing under and pursuant to the laws of the State of Nevada, including any bond authorized in any such district but not sold, which shall be eligible to certification by the state controller under NRS 539.647, shall be presented to the state controller, he shall cause to be attached thereto a certificate in substantially the following form:
Carson City, Nevada . . (insert date).
I, . ., state controller of the State of Nevada, do hereby certify that the within bond, No. . of issue No. . of the . . Irrigation District, issued . . (insert date), is, in accordance with NRS 539.637 to 539.665, inclusive, a legal investment for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, and any funds which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the governor, the state engineer and the superintendent of banks in pursuance of NRS 539.637 to 539.665, inclusive.
κ1969 Statutes of Nevada, Page 149 (CHAPTER 116, SB 53)κ
to 539.665, inclusive, a legal investment for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, and any funds which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the governor, the state engineer and the superintendent of banks in pursuance of NRS 539.637 to 539.665, inclusive. The within bond may also be used as security for the deposit of public money in banks in this state.
...........................................................................
State Controller of the State of Nevada
2. In case of a change in the constitution or any of the laws of this state relating to the bonds of irrigation districts, the state controller shall, if necessary, modify the above certificate so that it shall conform to the facts.
3. A facsimile of the state controllers signature, printed or otherwise, impressed upon the certificate shall be a sufficient signing thereof. [; but the imprint of the state controllers seal thereon shall appear upon both the certificate and the bond over and through the printed signature.]
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 137Senator Monroe
CHAPTER 117
AN ACT relating to private corporations; extending the procedure for simplified merger; and providing other matters properly relating thereto.
[Approved March 12, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. If at least 90 percent of the outstanding shares of each class of the stock of a corporation or corporations is owned by another corporation, and one of such corporations is a corporation of this state and the other or others are corporations of this state or are organized under the laws of a jurisdiction whose laws permit such a merger, whether or not such jurisdiction is one of the United States of America, the corporation having such stock ownership may either merge such other corporation or corporations into itself and assume all of its or their obligations, or merge itself, or itself and one or more of such other corporations, into one of such other corporations by filing with the secretary of state a certificate of such ownership and merger, setting forth a copy of the resolution of its board of directors so to merge and the date of the adoption thereof.
κ1969 Statutes of Nevada, Page 150 (CHAPTER 117, SB 137)κ
adoption thereof. The certificate shall be executed under the corporate seal of the parent corporation, signed by its president or a vice president and its secretary or treasurer, and acknowledged by its president or a vice president before an officer, authorized by the laws of this state to take acknowledgments of deeds, to be the act and deed of the parent corporation.
2. If any of the corporations is organized under the laws of a jurisdiction other than one of the United States of America or the District of Columbia, it is a further condition of merger under this section that the surviving corporation be a corporation of this state.
3. If the parent corporation does not own all the outstanding stock of all the subsidiary corporations which are parties to a merger pursuant to this section, the resolution of the board of directors of the parent corporation shall state the terms and conditions of the merger, including the securities, cash or other property to be issued, paid or delivered by the surviving corporation upon surrender of each share of the subsidiary corporation or corporations not owned by the parent corporation.
4. If the parent corporation is not the surviving corporation, the resolution shall include provision for the pro rata issuance of stock of the surviving corporation to the holders of the stock of the parent corporation on surrender of the certificates therefor, and the certificate of ownership and merger shall state that the proposed merger has been approved by the holders of a majority of the stock of the parent corporation at a meeting of its stockholders duly called and held after 20 days notice of the purpose of the meeting mailed to each of its stockholders at his address as it appears on the records of the corporation.
Sec. 3. If the surviving corporation is a Nevada corporation:
1. It may change its corporate name by the inclusion of a provision to that effect in the resolution of merger adopted by the directors of the parent corporation and set forth in the certificate of ownership and merger, and upon the effective date of the merger, the name of the corporation shall be so changed.
2. The certificate of incorporation of the surviving corporation shall automatically be amended to the extent, if any, that changes in its certificate of incorporation are set forth in the certificate of ownership and merger.
Sec. 4. If the parent corporation is subject to the jurisdiction of the public service commission of Nevada, the approval of the merger by the commission shall be endorsed on or annexed to the certificate of ownership and merger before filing.
Sec. 5. If all of the stock of a subsidiary Nevada corporation party to a merger effected under section 2 of this act is not owned by the parent corporation immediately prior to the merger, the surviving corporation shall, within 10 days after the effective date of the merger, notify each stockholder of such Nevada corporation that the merger has become effective. The notice shall be sent by certified or registered mail, return receipt requested, addressed to the stockholder at his address as it appears on the records of the corporation. Any such stockholder may, within 20 days after the date of mailing of the notice, demand in writing from the surviving corporation payment of the value of this stock exclusive of any element of value arising from the expectation or accomplishment of the merger.
κ1969 Statutes of Nevada, Page 151 (CHAPTER 117, SB 137)κ
element of value arising from the expectation or accomplishment of the merger.
Sec. 6. NRS 78.475 is hereby amended to read as follows:
78.475 Any one or more corporations organized under the provisions of this chapter, or organized under the laws of this state and subject to the provisions of this chapter, may be merged or consolidated with one or more other corporations organized under the laws of any other state or states of the United States of America or under the laws of any foreign country, if the laws under which the other corporation or corporations are formed shall permit such consolidation or merger. The constituent corporations may be merged into a single corporation, which may be any one of the constituent corporations, and which is designated as the surviving corporation in NRS 78.480 [to 78.490, inclusive,] and 78.485, or they may be consolidated to form a new corporation, which may be a corporation of the state of incorporation of any one of the constituent corporations as shall be specified in the agreement required by NRS 78.480 and 78.485 and which is designated as the consolidated corporation in NRS 78.480 [to 78.490, inclusive.] and 78.485.
Sec. 7. NRS 78.495 is hereby amended to read as follows:
78.495 1. When an agreement [shall have] of merger or consolidation, or a certificate of ownership and merger, has been signed, acknowledged and filed, as required by [NRS 78.450 to 78.490, inclusive,] this chapter, for all purposes of the laws of this state the separate existence of all the constituent corporations, except that of the surviving corporation in case of merger, shall cease, and the constituent corporations shall thereupon be merged into the surviving corporation, in the case of merger, or shall become the consolidated corporation, in the case of consolidation, and shall possess all the rights, privileges, powers and franchises as well of a public as of a private nature, and be subject to all the restrictions, disabilities and duties of each of the constituent corporations so merged or consolidated, and all and singular, the rights, privileges, powers and franchises of each of the constituent corporations, and all property, real, personal and mixed, and all debts due to any of the constituent corporations on whatever account, as well for stock subscriptions as all other other things in action or belonging to each of the constituent corporations, shall be vested in the surviving or consolidated corporation.
2. All property, rights, privileges, powers and franchises, and all and every other interest shall be thereafter as effectually the property of the surviving or consolidated corporation as they were of the several and respective constituent corporations, and the title to any real or personal property, whether by deed or otherwise, vested in any of the constituent corporations, shall not revert or be in any way impaired by reason hereof; provided:
(a) That all rights of creditors and all liens upon any property of any of the constituent corporations shall be preserved unimpaired, limited in lien to the property affected by such liens immediately prior to the time of the merger or consolidation, and all debts, liabilities and duties of the respective constituent corporations shall thenceforth attach to the surviving or consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it; and
κ1969 Statutes of Nevada, Page 152 (CHAPTER 117, SB 137)κ
same extent as if the debts, liabilities and duties had been incurred or contracted by it; and
(b) That the directors of any or all of the constituent corporations may, in their discretion, abandon such merger or consolidation subject to the right of third parties under any contracts relating thereto, without further action or approval by the stockholders of their respective corporation or corporations, at any time before the merger or consolidation becomes effective as provided by the laws of the states governing the respective constituent corporations and the surviving or consolidated corporation.
Sec. 8. NRS 78.510 is hereby amended to read as follows:
78.510 1. If within 30 days after the date written demand is served upon the surviving or consolidated corporation, the stockholder and the surviving or consolidated corporation fail to come to an agreement as to the fair cash value of the shares, the stockholder, provided he has complied with the conditions set forth in NRS 78.505 [,] or section 5 of this act, may appeal by petition to the district court of the county in which the principal office of the surviving or consolidated corporation is located, if such corporation is a corporation organized under the laws of this state, or to the second judicial district court of this state, if such corporation is a corporation organized under the laws of any state other than the laws of this state or under the laws of any foreign country, to appoint three appraisers to appraise the fair cash value of such stockholders shares.
2. The appraisers shall proceed forthwith to determine the fair cash value per share of the stock, and the appraisers, or a majority of them, shall make a report within the time fixed by the court and shall file the report in court. The report of the appraisers as to the fair cash value of the shares, if not opposed within 10 days after the report shall have been filed in court, shall be confirmed by the court, and when confirmed shall be final and conclusive; but if the report is opposed, the opposition shall be tried summarily and judgment rendered thereon by the court.
3. If the appraisers or a majority of them fail to make and file a report within 10 days, or within such further time as may be allowed by the court, the court shall determine the fair cash value of the shares and render judgment therefor.
4. The costs of the proceeding, including reasonable compensation to the appraisers to be fixed by the court, shall be assessed or apportioned, as the court may consider equitable, but if the appraisal exceed the price offered by the surviving or consolidated corporation, the corporation shall pay such costs.
5. Any party shall have the right to appeal according to existing laws and rules of court, provided the appeal be taken within 10 days after the signing of the judgment.
Sec. 9. NRS 78.515 is hereby amended to read as follows:
78.515 1. On the making of the demand in writing as provided in NRS 78.505 [,] or section 5 of this act, any such stockholder shall cease to be a stockholder in the surviving or consolidated corporation and shall have no rights with respect to such shares, except as hereinafter provided in this section and except the right as a creditor to receive payment therefor as aforesaid, and upon payment of the agreed fair cash value of the shares or of the value of the shares under final judgment the stockholder shall transfer his shares to the surviving or consolidated corporation.
κ1969 Statutes of Nevada, Page 153 (CHAPTER 117, SB 137)κ
shares or of the value of the shares under final judgment the stockholder shall transfer his shares to the surviving or consolidated corporation.
2. [In the event] If the surviving or consolidated corporation shall fail to pay the amount of the judgment within 10 days after the same shall become final, the judgment may be collected and enforced in the manner prescribed by law for the enforcement of judgments.
Sec. 10. NRS 78.520 is hereby amended to read as follows:
78.520 Each stockholder in each of the constituent corporations at the time the merger or consolidation becomes effective, who failed to vote against the merger or consolidation or object thereto in writing or to demand in writing payment of his shares as provided in NRS 78.505 [,] or section 5 of this act, shall be deemed to have assented to the merger or consolidation, and, together with the stockholders voting in favor of the merger or consolidation, shall be entitled to receive certificates for shares in the surviving or consolidated corporation or cash, property or securities in lieu of shares, in the manner and on the terms specified in the agreement of merger or consolidation.
Sec. 11. NRS 78.530 is hereby amended to read as follows:
78.530 The liability of corporations, or the stockholders or officers thereof, or the rights or remedies of the creditors thereof, or of persons doing or transacting business with such corporations, shall not in any way be lessened or impaired by the merger or consolidation of two or more corporations under the provisions of NRS 78.450 to 78.495, inclusive [.] or of sections 2 to 4, inclusive, of this act.
Sec. 12. NRS 78.540, 78.545, 78.550 and 78.560 are hereby repealed.
Sec. 13. This act shall become effective upon passage and approval.
________
Senate Bill No. 243Senator Monroe
CHAPTER 118
AN ACT relating to townsites located on public lands; providing for the settlement of adverse claims to and the conveyance of title in property so located; and providing other matters properly relating thereto.
[Approved March 12, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 325 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Where adverse claims, clouds upon the title or other difficulties associated with or attributable to deficiencies in land title have been asserted or are otherwise related to the claim of title to or interest in any part of the land in any county settled and occupied as the site of a city or town upon public land, pursuant to 43 U.S.C. §§ 718 to 7123, inclusive, the procedure provided in this chapter is the exclusive means of determining such claims of title or interest.
κ1969 Statutes of Nevada, Page 154 (CHAPTER 118, SB 243)κ
Sec. 3. 1. Any person, company, corporation or association that claims any right, title or interest in any block, lot, share or parcel of land situate in any townsite which has been entered or patented pursuant to 43 U.S.C. §§ 718 to 723, inclusive, and that desires to establish or confirm his or its claim shall, in person or by his or its duly authorized attorney, file a verified statement in the office of the clerk of the district court for the county in which such land is located.
2. The written statement shall contain but shall not be limited to:
(a) An accurate and complete property description.
(b) An account of the nature and extent of the claimants interest in or title to such land.
3. The statement shall be accompanied by such fees as the judge or the clerk of the court may request to defray the cost of publication and posting as provided in section 4 of this act.
Sec. 4. 1. Upon the filing of any statement and upon receipt of the accompanying fee, the district judge shall cause notice of such claim to be made by both of the following methods:
(a) Publication of such notice at least once a week for 4 successive weeks in a newspaper of general circulation, which is published in the county in which such land is situate. If no newspaper is published in such county, publication shall be made in some newspaper of general circulation in the county.
(b) Posting a copy of such notice in three public places in the townsite and in a conspicuous place on the property described in such claim for 30 days.
2. The notice shall contain but shall not be limited to:
(a) The name of the claimant.
(b) The interest or title claimed.
(c) A complete and accurate description of the property.
3. The notice shall require any adverse claimant to file a verified statement in the office of the clerk of the district court not later than 30 days from the last publication or 30 days from the posting of the notice provided in subsection 2, whichever is later.
4. No adverse claim, for the purposes of this section, may be asserted in any way other than that provided in subsection 3.
Sec. 5. Upon the execution and delivery of the deed, as provided in NRS 325.070, any prior adverse claim or interest in the property conveyed thereby is forever barred.
Sec. 6. NRS 325.030 is hereby amended to read as follows:
325.030 1. Any corporate authorities [or] , the judge of the district court holding the title to any land in trust, as declared in 43 U.S.C. §§ 718 to 723, inclusive, or any one of his successors in office shall, by a good and sufficient deed of conveyance, grant and convey the title to each block, lot, share or parcel of the same to the person or persons who shall have, possess or be entitled to the right of possession or occupancy thereof, according to his or their several and respective rights or interests in the same, as they existed in law or equity at the time of the entry of such lands, or to his or their heirs or assigns.
2. When any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease or sale from one or more other persons, the respective rights and interests of such persons, in relation to each other, in the same, shall not be changed or impaired by any such conveyance.
κ1969 Statutes of Nevada, Page 155 (CHAPTER 118, SB 243)κ
of such persons, in relation to each other, in the same, shall not be changed or impaired by any such conveyance.
3. Every deed of conveyance made by any corporate authorities or the judge of the district court, pursuant to the provisions of this chapter, shall be so executed and acknowledged as to admit the same to be recorded.
Sec. 7. NRS 325.050 is hereby amended to read as follows:
325.050 1. Within 6 months after the first publication of the notice provided for in NRS 325.040, each person, company, corporation or association claiming to be an occupant or occupants, or to have, possess or be entitled to the right of occupancy or possession of such lands, or any block, lot, share or parcel thereof, shall, in person or by his or its duly authorized attorney, sign a written statement containing a correct description of the particular parcel or parts in which he or it claims to be entitled to receive, and deliver the same to, or into the office of, the corporate authorities or the judge of the district court.
2. All applications for conveyances under this chapter for the benefit of minors and insane persons shall be made by the guardian or trustee of such minor or insane person. All applications for such conveyances for the benefit of married women may be made by their husbands, if in this state, but in case of the absence of the husband from this state or his refusal to make such application, then a married woman may apply in her own name.
3. Except as provided in subsection 4 [,] and in section 3 of this act, all persons, companies, corporations or associations or their heirs, successors or assigns failing to sign and deliver such statement within the time specified in subsection 1 shall be forever debarred the right of claiming or recovering such lands or any interest or entail therein, or in any part, parcel or share thereof, in any court of law or equity.
4. The bar to the right of claiming or recovering such lands or any interest or entail therein as provided in subsection 3 shall not apply to minors or insane persons.
Sec. 8. NRS 325.060 is hereby amended to read as follows:
325.060 1. Should two or more persons, companies, corporations or associations claim adversely the title to any lot, lots or parcels of land within the boundaries of such city or town, the corporate authorities [or] , the judge of the district court having entered the same, or any one of his successors in office shall, immediately after the time for filing claims has expired, either by force of NRS 325.050 or section 4 of this act, certify and transmit all proceedings and papers had or being before them or him in the premises to the district court of the county in which the lot, lots or parcels of land are situated.
2. Upon the receipt of the papers and proceedings, properly certified, and upon payment of court fees and costs, the clerk of the district court shall:
(a) Enter the case upon the register of actions. The name of the claimant whose claim was first filed with and by the corporate authorities or the judge of the district court shall be entered upon the register of actions as plaintiff, and the name or names of the other claimant or claimants who filed adversely shall be entered as defendant or defendants.
(b) Serve upon each claimant or his agent or attorney a written notice that the claim of such claimant is contested.
κ1969 Statutes of Nevada, Page 156 (CHAPTER 118, SB 243)κ
that the claim of such claimant is contested. The notice shall specify the particular lot, block or parcel so contested and the name of the adverse claimant.
Thereafter, the cause shall proceed in all respects as in cases originally brought in the district court.
3. Any party in the action deeming himself aggrieved by the determination or judgment of the district court may appeal therefrom to the supreme court, as in other cases.
4. Upon the final determination of the contest, the clerk of the district court or the clerk of the supreme court, as the case may be, forthwith shall certify the decision to the corporate authorities or the judge of the district court. Upon receipt of the decision, duly certified, the corporate authorities or the judge of the district court shall, as in other cases, make out, execute and deliver to the party or parties in whose favor the decision is made a conveyance in fee simple for the lot, lots or parcels of land awarded in the decision.
Sec. 9. NRS 325.070 is hereby amended to read as follows:
325.070 1. After the issuance of the patent for such lands, the corporate authorities [or] , the judge of the district court to whom the patent has been issued or any one of his successors in office shall make out, execute and deliver to each person, company, corporation or association who may be legally entitled to the same, as provided in NRS 325.050, 325.090 or section 3 of this act, or as determined under the provisions of NRS 325.060, a deed in fee simple for such part or parts, or lot or lots, of land on payment of:
(a) His or its proper and due proportion of the purchase money for such land, together with his or its proportion of such sums as may be necessary to pay for streets, alleys, squares and public grounds, which shall not exceed 50 cents for each lot; and
(b) Such further sums as shall be a reasonable compensation for:
(1) Executing and acknowledging such deed, not exceeding the sum of $3 for the first lot and $1 for each additional lot claimed by the same owner.
(2) Counsel fees and, where determined, moneys expended in the acquisition of the title and the administration of the trust, including reasonable charges for time and services while employed in such trust, not exceeding the sum of $1 for each lot. No estimate shall be made for counsel fees unless the same shall have been actually and necessarily expended.
2. The charges specified in subsection 1 shall be full payment for all expenses attending the execution except for revenue stamps.
3. Deeds made under the provisions of this chapter for the benefit of minors and insane persons shall be to the guardian or trustee of such minor or insane person, as the case may be, in trust for such minor or insane person.
Sec. 10. NRS 325.080 is hereby amended to read as follows:
325.080 All lots, blocks, shares or parcels of land within the boundaries of the city or town which shall not have been claimed as provided in NRS 325.050 or section 3 of this act shall, after the limitation provided in NRS 325.050 or section 4 of this act has expired, be sold and the proceeds of such sale disposed of as provided in NRS 325.090.
κ1969 Statutes of Nevada, Page 157 (CHAPTER 118, SB 243)κ
Sec. 11. NRS 325.090 is hereby amended to read as follows:
325.090 1. If [all the lots, blocks, shares or parcels of such land are not legally conveyed to the proper owners before the expiration of 1 year after the same shall have been passed upon by the corporate authorities or the judge of the district court, or, in case of contest, within 30 days after such contest shall have been finally determined, the] any lot, block, share or parcel of such land is not claimed as provided in NRS 325.050 or section 3 of this act, such land shall be sold to the highest bidder, after notice as required in [NRS 325.040.] section 4 of this act. The net proceeds, after deduction of all legitimate expenses, shall be applied to the construction and equipment of public buildings, highways, water, light or sewerage systems for the city or town within which the land is situated.
2. The corporate authorities or the judge of the district court are further empowered to lease, for a term not exceeding 10 years, upon such conditions as appear reasonable, any lots, blocks, shares or parcels of land, including areas dedicated as streets and alleys, whenever it shall be made to appear by verified petition and public hearing thereon, after notice as required in NRS 325.040, that such procedure is for the best interests of the city or town. Such lease may include the right to remove any and all mineral-bearing rock and earth contained within such leased area.
Sec. 12. NRS 325.110 is hereby amended to read as follows:
325.110 1. Any corporate authorities or the judge of the district court becoming a trustee under 43 U.S.C. §§ 718 to 723, inclusive, who shall, prior to the final execution of their trust, as provided in this chapter, go out of office, are empowered to discharge and execute all trusts which they may have assumed, in all respects in the same manner and subject to the same duties and requirements as if they had continued in office.
2. In case of death, 90 days absence from this state, or other disability of the trustees to execute the trust created by 43 U.S.C. §§ 718 to 723, inclusive, it shall be lawful for the corporate authorities or the judge of the district court of the county in which any such city or town is situated, who may succeed the trustee in office, to assume the trust, and he or they are empowered to execute the same in all respects in the same manner and subject to all the duties and requirements as provided in this chapter.
3. Any district judge who carries out any of the functions or exercises any of the powers which are provided in this chapter does so with the same measure of authority as that which was conferred upon the corporate authorities or the judge of the district court who entered the lands pursuant to 43 U.S.C. §§ 718 to 723, inclusive.
Sec. 13. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 158κ
Assembly Bill No. 3Mr. Lowman
CHAPTER 119
AN ACT relating to dead bodies; adopting the Uniform Anatomical Gift Act; authorizing the gift of all or part of a human body after death for specified purposes; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. Sections 2 to 19, inclusive, of this act may be cited as the Uniform Anatomical Gift Act.
Sec. 3. Sections 2 to 19, inclusive, of this act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Sec. 4. Except where the context otherwise requires, as used in sections 2 to 19, inclusive, of this act, the words and terms defined by sections 5 to 12, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Bank or storage facility means a facility licensed, accredited or approved under the laws of the State of Nevada for storage of human bodies or parts thereof.
Sec. 6. Decedent means a deceased individual and includes a still-born infant or fetus.
Sec. 7. Donor means an individual who makes a gift of all or part of his body.
Sec. 8. Hospital means a hospital licensed, accredited or approved under the laws of the State of Nevada, but includes a hospital operated by the United States Government, the state or a subdivision thereof, although not required to be licensed under state laws.
Sec. 9. Part means organs, tissues, eyes, bones, arteries, blood, other fluids and any other portions of a human body.
Sec. 10. Person means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
Sec. 11. Physician or surgeon means a doctor of medicine licensed or authorized to practice under the laws of the State of Nevada.
Sec. 12. State includes any state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America.
Sec. 13. 1. Any individual of sound mind and 18 years of age or more may give all or any part of his body for any purpose specified in section 14 of this act, the gift to take effect upon death.
2. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, may give all or any part of the decedents body for any purpose specified in section 14 of this act:
κ1969 Statutes of Nevada, Page 159 (CHAPTER 119, AB 3)κ
(a) The spouse.
(b) An adult son or daughter.
(c) Either parent.
(d) An adult brother or sister.
(e) A guardian of the person of the decedent at the time of his death.
(f) Any other person authorized or under obligation to dispose of the body.
The legal procedure for authorization shall be defined and established by the committee on anatomical dissection established by the University of Nevada System.
3. If the donee has actual notice of contrary indications by the decedent or that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized under subsection 2 may make the gift after or immediately before death.
4. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
5. The rights of the donee created by the gift are paramount to the rights of others except as provided by section 19 of this act.
Sec. 14. The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:
1. Any hospital, surgeon or physician, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
2. Any accredited medical or dental school, college or university, for education, research, advancement of medical or dental science or therapy.
3. Any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
4. Any specified individual, for therapy or transplantation needed by him.
Sec. 15. 1. A gift of all or part of the body under subsection 1 of section 13 of this act may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
2. A gift of all or part of the body under subsection 1 of section 13 of this act may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses, who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence in the presence of two witnesses, who must sign the document in his presence. Delivery of the document of gift during the donors lifetime is not necessary to make the gift valid.
3. The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee.
κ1969 Statutes of Nevada, Page 160 (CHAPTER 119, AB 3)κ
the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.
4. Notwithstanding subsection 3 of section 15 and subsection 2 of section 18 of this act, the donor may designate in his will, card or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose.
5. Any gift by a person designated in subsection 2 of section 13 of this act shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message.
Sec. 16. If the gift is made by the donor to a specified donee, the will, card or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card or other document, or an executed copy thereof, may be deposited, in any hospital, bank or storage facility or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donors death, the person in possession shall produce the document for examination.
Sec. 17. 1. If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by:
(a) The execution and delivery to the donee of a signed statement;
(b) An oral statement made in the presence of two persons and communicated to the donee;
(c) A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee; or
(d) A signed card or document found on his person or in his effects.
2. Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection 1, or by destruction, cancellation or mutilation of the document and all executed copies thereof.
3. Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection 1.
Sec. 18. 1. The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dispose of the body.
2. The time of death shall be determined by a physician who tends the donor at his death, or, if none, the physician who certifies the death. The physician shall not participate in the procedures for removing or transplanting a part.
3. A person who acts in good faith in accord with the terms of sections 2 to 19, inclusive, of this act or with the anatomical gift laws of the State of Nevada is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.
κ1969 Statutes of Nevada, Page 161 (CHAPTER 119, AB 3)κ
the State of Nevada is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.
Sec. 19. The provisions of sections 2 to 19, inclusive, of this act, are subject to the laws of this state prescribing powers and duties with respect to autopsies.
Sec. 20. NRS 451.005 is hereby amended to read as follows:
451.005 As used in [this chapter] NRS 451.010 to 451.470, inclusive, human remains or remains means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.
Sec. 21. NRS 451.010 is hereby amended to read as follows:
451.010 1. The right to dissect the dead body of a human being shall be limited to cases:
(a) Specially provided by statute or by the direction or will of the deceased.
(b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to NRS 244.163 to hold an inquest upon the body, and then only as he may authorize dissection.
(c) Where the husband, wife or next of kin charged by law with the duty of burial shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized.
(d) Where authorized by the provisions of NRS 451.350 to [451.480,] 451.470, inclusive.
(e) Where authorized by the provisions of sections 2 to 19, inclusive, of this act.
2. Every person who shall make, cause or procure to be made any dissection of the body of a human being, except as provided in subsection 1, shall be guilty of a gross misdemeanor.
Sec. 22. NRS 451.350 is hereby amended to read as follows:
451.350 As used in NRS 451.350 to [451.480,] 451.470, inclusive, committee means the committee on anatomical dissection established by the University of Nevada [.] System.
Sec. 23. NRS 451.450 is hereby amended to read as follows:
451.450 The committee or its duly authorized agent shall take and receive the bodies delivered to it under the provisions of NRS 451.350 to [451.480,] 451.470, inclusive, and shall distribute such bodies proportionately and equitably, among schools, teaching hospitals wherein the resident training program requires cadaveric material for study, and such other groups as the committee may determine to be eligible to receive such bodies.
Sec. 24. NRS 451.470 is hereby amended to read as follows:
451.470 [1. Except as otherwise required by subsection 2, at] At any time any body, or part of any body [,] accepted by the committee, has been used and deemed of no further value to medical or dental science, the person having charge of such body or parts of such body [may] will dispose of the remains by cremation [.] or as otherwise specified under prior mutually agreed special conditions of acceptance.
[2. A person, prior to his death, may direct the preparation for and the type and place of interment of his remains by either oral or written instructions. If such instructions are in a will or other written instrument, he may direct that the whole or any part of his remains be given to a teaching institution, university, college or licensed hospital, or to or for the use of any nonprofit blood bank, artery bank, eye bank or other therapeutic service operated by any agency approved by the state board of health under rules and regulations established by the state board of health.
κ1969 Statutes of Nevada, Page 162 (CHAPTER 119, AB 3)κ
teaching institution, university, college or licensed hospital, or to or for the use of any nonprofit blood bank, artery bank, eye bank or other therapeutic service operated by any agency approved by the state board of health under rules and regulations established by the state board of health. The person or persons otherwise entitled to control the disposition of the remains under the provisions of this section shall faithfully carry out the directions of the decedent.
3. If such instructions are contained in a will or other written instrument, they shall be immediately carried out, regardless of the validity of the will in other respects or the fact that the will may not be offered for or admitted to probate until a later date.
4. This section shall be administered and construed to the end that such expressed instructions of any person shall be faithfully and promptly performed.
5. No funeral director, physician or cemetery authority shall be liable to any person for carrying out such instructions of the decedent.]
Sec. 25. NRS 451.480 is hereby repealed.
Sec. 26. This act shall become effective upon passage and approval.
________
Senate Bill No. 138Clark County Delegation
CHAPTER 120
AN ACT to amend the title of and to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature finds that:
1. The general range of interest rates on bonds and other forms of indebtedness issued by counties, cities and other public corporations in the State of Nevada is higher than it has been for approximately 30 years.
2. The Las Vegas Valley Water District has authorized but unissued the amount of $4,700,000 of general obligation bonds of the district, which bonds are part of a total issue of $15,700,000 authorized at an election held in the district on July 27, 1965, and that such bonds were authorized to finance a major capital improvement program of the district.
κ1969 Statutes of Nevada, Page 163 (CHAPTER 120, SB 138)κ
3. Because of the high interest rates payable on bonds as aforementioned, the Las Vegas Valley Water District should be given power to incur, in the alternative, forms of indebtedness which could be issued at lower rates of interest than bonds.
4. In order to make such alternate forms of indebtedness available to the district, it is necessary that the Las Vegas Valley Water District Act (chapter 167, Statutes of Nevada 1947, as amended) be amended in the form and manner set forth in section 2 of this act.
Sec. 2. The above-entitled act, being chapter 167, Statutes of Nevada 1947, as amended, is hereby amended by adding thereto a new section designated section 46 which shall immediately follow section 45 and shall read as follows:
Section 46. 1. As an alternative means to obtain funds for the accomplishment of any of its corporate purposes, the district shall also have the power to borrow money and to issue and sell notes, in either negotiable or nonnegotiable form, to evidence the indebtedness created by such borrowing whenever the board determines that the public interest and necessity require the exercise of that power. Such notes may be issued and sold from time to time as the board determines at either public or private sale; provided, however, that such notes shall not be issued in a principal amount which exceeds the amount of any unused balance of indebtedness authorized by vote of the qualified electors of the district and not otherwise incurred; provided further that any note issued hereunder shall mature not later than 5 years from its date; and provided further that the maximum rate of interest upon any such note shall not exceed 6 percent per annum. Notes authorized pursuant to this section shall be in such form and amount as the board shall determine and set forth in its resolution providing for the issuance of the notes. Any such notes may be refunded in the manner prescribed by Section 16i.
2. Notes issued pursuant to this section shall be issued as the general obligations of the district, for the payment of which the full faith, credit and resources of the district are pledged, and it shall be the duty annually of the governing body to provide for the levy of taxes on all taxable property in the district (subject to pertinent existing constitutional restrictions) fully sufficient in conjunction with other available income and revenues of the district to assure the prompt payment of principal and interest as they fall due. The governing body of the district shall in each year in due season, prior to the time when county taxes are levied by the board of county commissioners, determine the amount of taxes, if any, which are necessary to be levied on the taxable property in such district for such year, for the purpose of supplementing other revenues of the district available for the payment of principal and interest of any general obligation bond issues or notes issued pursuant to this section; and prior to the date on which the board of county commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of the board of county commissioners the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year. The board of county commissioners shall at the time of making the levy of county taxes for that year levy the tax so certified upon all taxable property in the district. Such tax when levied shall be entered upon the assessment rolls and collected in the same manner as state and county taxes and the proceeds thereof shall be paid to the treasurer of the district to be used for the purposes for which the tax was levied.
κ1969 Statutes of Nevada, Page 164 (CHAPTER 120, SB 138)κ
the proceeds thereof shall be paid to the treasurer of the district to be used for the purposes for which the tax was levied. All taxes levied as herein provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the board of county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee or compensation shall be paid to any officer for carrying out the provisions of this section. In the event that the total taxes requested to be levied in any 1 year by the district and the political subdivision which overlap it should exceed 50 mills and reduction thereof shall become necessary by reason of the restriction contained in section 2 of article 10 of the constitution of the State of Nevada, the board charged with the duty of making such reductions and allocations is hereby required to allocate to the district sufficient taxes to assure the payment to the district of money sufficient to make certain the prompt payment of and interest on any note of the district which may have been issued with the pledge of the full faith, credit and resources of the district; and where notes have been so issued, the district shall be regarded as a political subdivision of the State of Nevada for the purposes of NRS 350.250, and the provisions of NRS 350.250 shall be applicable to the district.
3. The provisions of law regarding the general obligation bond commission (NRS 350.001 to 350.006, inclusive) shall not apply to notes issued pursuant to this section.
4. The authority granted by this section shall not be construed as a continuing revolving authorization to issue such notes but rather is authority only to issue notes in lieu of the bonds previously authorized. The issuance of notes pursuant to this section exhausts, to the extent of their principal amount, any unused balance of indebtedness authorized by vote of the qualified electors of the district.
Sec. 3. The title of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as amended, is hereby amended to read as follows:
An act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds [;] and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 165κ
Senate Bill No. 330Committee on Finance
CHAPTER 121
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved March 17, 1969]
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 $150,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 518Committee on Legislative Functions
CHAPTER 122
AN ACT relating to the legislative fund; establishing a printing allowance for each legislator; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. Except as provided in subsection 4, expenditures from the legislative fund shall be made only for the purpose of carrying out the provisions of NRS 218.090 to 218.230, inclusive, 218.235, 218.237, 218.2383, 218.2387, 218.280 to 218.520, inclusive, section 2 of this act and section 33 of article 4 of the constitution of the State of Nevada, [for reimbursement of the superintendent of state printing for the printing of legislators official stationery, cards and other material appropriate to their official duties, as may be authorized by the committee on legislative functions of each house,] for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the director of the legislative counsel bureau as other claims against the state are paid.
κ1969 Statutes of Nevada, Page 166 (CHAPTER 122, AB 518)κ
Sec. 2. Chapter 218 of this act is hereby amended by adding thereto a new section which shall read as follows:
1. Each Senator and assemblyman is entitled to expend as a printing allowance an amount not to exceed the total sum of $60 for the period which begins with the first day of a regular session of the legislature and ends with the 3rd Wednesday in July of the following year.
2. The printing allowance shall be used for reimbursement of the superintendent of state printing for the printing of a legislators official stationery, cards and other material appropriate to his official duties and shall not be used for the purpose of political advertising.
3. All orders for the printing specified in subsection 2 shall be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay such claims from the legislative fund in the same manner as other claims against the state are paid.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 36Senator Monroe
CHAPTER 123
AN ACT relating to county government; providing for a county museum or historical society; authorizing a tax levy; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county commissioners of any county may include in the annual budget of the county items to cover the expense of maintaining a county museum or historical society.
2. The expenditures so budgeted may be met by including them in the annual tax levy of the county; but in no case may the tax levy for such purposes in any 1 year exceed 5 cents on each $100 of the assessed valuation of the property of that county.
3. The proceeds of the tax levy may be paid under contract to a nonprofit historical society, nonprofit museum board or other nonprofit board, committee or organization for their use in paying salaries of museum personnel, in building and maintaining exhibits, in purchasing cabinets, in displaying items and in conducting museum-related activities, but in no case may such organization or board make capital improvements without the express approval of the board of county commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 167κ
Senate Bill No. 68Committee on Judiciary
CHAPTER 124
AN ACT to amend NRS 293.383, relating to the posting of results of votes cast, by specifying the place of posting and contents of the copy posted; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.383 is hereby amended to read as follows:
293.383 [The election board shall, before it adjourns, post in a conspicuous place on the outside of the polling place a copy of the result of the votes cast at the polling place. Such copy shall be signed by the members of the election board.]
1. Except as provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.
2. When votes are cast on ballots which are electronically tabulated in accordance with NRS 293.295, the counting board shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of:
(a) The county courthouse;
(b) The city hall of each incorporated city from which votes were so counted; and
(c) Each polling place, located outside the limits of any incorporated city and more than 10 miles from the courthouse, from which votes were so counted.
3. Each copy of the voting results posted in accordance with subsections 1 and 2 shall state the precinct or precincts from which the votes were counted and shall be signed by the members of the counting board.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 135Committee on Education
CHAPTER 125
AN ACT relating to employees of the state department of education; changing the designations of certain employees; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 385.290 is hereby amended to read as follows:
385.290 1. The superintendent of public instruction shall have power to appoint a [first assistant] deputy superintendent of public instruction, who shall:
κ1969 Statutes of Nevada, Page 168 (CHAPTER 125, SB 135)κ
(a) Be a graduate of the University of Nevada or a college of equal standard.
(b) Have had at least 20 semester hours in educational subjects by attendance at a standard college or university.
(c) Have had at least 50 months of administrative experience, 30 months of which shall have been in Nevada.
2. The [first assistant] deputy superintendent of public instruction shall:
(a) Assist in the work of the office of the superintendent of public instruction, and do such work as the state board of education or the superintendent of public instruction may direct under the laws of the state.
(b) Have the power to perform all duties required of the superintendent of public instruction.
Sec. 2. NRS 385.300 is hereby amended to read as follows:
385.300 1. The superintendent of public instruction shall have power to appoint an [assistant] associate superintendent of public instruction for administration.
2. The [assistant] associate superintendent of public instruction for administration shall:
(a) Be a graduate of a 4-year accredited college or university.
(b) Have familiarity with the field of education, as evidenced by either:
(1) Sufficient college credits in education to qualify for a Nevada high school teachers certificate; or
(2) Participation in recognized educational research and study.
(c) Have familiarity with the general field of public administration and budgeting, as evidenced by either:
(1) Sufficient college credits to qualify for a minor in public administration, government management or business management; or
(2) Experience in the preparation of government budgets, government accounting or government research.
3. No person shall be appointed to the position of [assistant] associate superintendent of public instruction for administration unless he has the qualifications herein outlined in both the fields of education and public administration.
Sec. 3. NRS 385.310 is hereby amended to read as follows:
385.310 The powers and duties of the [assistant] associate superintendent of public instruction for administration shall be:
1. To perform all duties pursuant to the contract of integration of the public school teachers retirement system with the public employees retirement system.
2. To apportion all state school funds to schools of the state as prescribed by law.
3. To develop for schools of the state a uniform system of budgeting and accounting, which system, when approved by the superintendent of public instruction and the state board of education, shall be made mandatory for all public schools in the state, and shall be enforced [by the superintendent of public instruction] as provided for in subsection 2 of NRS 385.315.
4. To carry on a continuing study of school finance in the state, and particularly of the method by which schools are financed on the state level, and to make such recommendations to the superintendent of public instruction and the state board of education as he may, from time to time, deem advisable.
κ1969 Statutes of Nevada, Page 169 (CHAPTER 125, SB 135)κ
particularly of the method by which schools are financed on the state level, and to make such recommendations to the superintendent of public instruction and the state board of education as he may, from time to time, deem advisable.
5. To recommend to the superintendent of public instruction and the state board of education such changes in budget and financial procedures as his studies may show to be advisable.
6. To perform any other statistical and financial duties pertaining to the administration and finance of the schools of the state as may, from time to time, be required by the superintendent of public instruction.
7. To prepare the budgets of the state department of education for biennial submission to the governor.
[8. To employ one secretary at the rate fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS.]
Sec. 4. NRS 385.315 is hereby amended to read as follows:
385.315 In addition to the powers and duties prescribed in NRS 385.310, the [assistant] associate superintendent of public instruction for administration shall:
1. Investigate any claim against any school fund whenever a written protest against the drawing of a warrant in payment of the claim against any school fund shall be filed with the county auditor. If, upon investigation, the [assistant] associate superintendent of public instruction for administration finds that any claim against any school fund is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such claim, stating the reasons in writing why such order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of such claim. If the [assistant] associate superintendent of public instruction for administration finds that any protested claim is legal and actually due the claimant, he shall authorize the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim.
2. Inspect the record books and accounts of boards of trustees, and he shall authorize and enforce an efficient method of keeping the financial records and accounts of the school district.
3. Inspect the school fund accounts of the county auditors of the several counties, and he shall report the condition of the funds of any school district to the board of trustees thereof.
Sec. 5. NRS 385.320 is hereby amended to read as follows:
385.320 1. The [first assistant] deputy superintendent of public instruction and the [assistant] associate superintendent of public instruction for administration shall receive annual salaries in the amounts specified in NRS 281.115, and they shall receive subsistence and travel expenses as provided by law.
2. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
Sec. 6. NRS 385.330 is hereby amended to read as follows:
385.330 1. The superintendent of public instruction, with the approval of the state board of education, may appoint such number of [deputy superintendents of public instruction] professional staff and other supervisory personnel as is necessary to carry out the duties of his office.
κ1969 Statutes of Nevada, Page 170 (CHAPTER 125, SB 135)κ
[deputy superintendents of public instruction] professional staff and other supervisory personnel as is necessary to carry out the duties of his office.
2. The office of [each deputy superintendent of public instruction or other supervisory] such personnel shall be located where, in the judgment of the superintendent of public instruction and the state board of education, the needs of the education program can best be served.
3. [Each deputy superintendent or supervisor] Such personnel shall perform such duties as are assigned by the superintendent of public instruction and the state board of education.
Sec. 7. NRS 385.340 is hereby amended to read as follows:
385.340 The qualifications for [deputy superintendents of public instruction] the professional staff and for other supervisory personnel shall be fixed by the personnel division of the department of administration.
Sec. 8. NRS 385.350 is hereby amended to read as follows:
385.350 1. The compensation of [each deputy superintendent of public instruction] the professional staff and each supervisor shall be paid out of funds appropriated by the legislature from the general fund in the same manner as the salaries of other state officers are paid.
2. All claims for traveling expenses, including the cost of transportation and cost of living, as fixed by law for state officers, of [each deputy superintendent of public instruction] the professional staff and each supervisor while absent from his place of residence, together with necessary office expenses, shall be paid out of funds appropriated by the legislature from the general fund, whenever such claims shall be allowed by the state board of examiners.
Sec. 9. NRS 385.370 is hereby amended to read as follows:
385.370 When the state board of education shall order his attendance, a [deputy superintendent of public instruction or other supervisor] member of the professional staff shall attend the meetings of the state board of education to furnish information as may be required by the state board of education.
Sec. 10. NRS 385.390 is hereby amended to read as follows:
385.390 The superintendent of public instruction may appoint [deputy superintendents of public instruction or other supervisory personnel] members of the professional staff to act as examiners at teachers examinations, and to assist the state board of education in preparing courses of study.
Sec. 11. NRS 385.420 is hereby amended to read as follows:
385.420 1. [Deputy superintendents of public instruction and supervisory personnel] Members of the professional staff are authorized to administer:
(a) Oaths or affirmations of office to teachers.
(b) All other oaths and affirmations relating to public schools.
2. The superintendent of public instruction shall confer upon the [deputy superintendents of public instruction and other supervisory personnel] professional staff such power and authority to act in his name as he shall deem proper, but such power and authority conferred shall be in accordance with the laws of this state.
κ1969 Statutes of Nevada, Page 171 (CHAPTER 125, SB 135)κ
Sec. 12. NRS 385.430 is hereby amended to read as follows:
385.430 The state board of education shall adopt such rules and regulations further defining the powers and duties of [deputy superintendents of public instruction and other supervisory personnel] the professional staff as shall, in its judgment, be necessary to secure efficiency and coordination. The rules and regulations, when adopted, shall be in accordance with the law of this state, and may be modified as the board deems necessary.
Sec. 13. NRS 385.440 is hereby amended to read as follows:
385.440 The superintendent of public instruction shall have the power to require written reports from [each deputy superintendent of public instruction and other supervisory personnel] members of the professional staff at such times as he may direct.
Sec. 14. NRS 385.450 is hereby amended to read as follows:
385.450 1. From any decision made by [any deputy superintendent of public instruction or other supervisor] a member of the professional staff affecting adversely the rights, powers or duties of any teacher or board of trustees as fixed by law, in any case in which no appeal is allowed to be taken to the state board of education, an appeal may be taken to the superintendent of public instruction.
2. The superintendent of public instruction shall have the power to act on appeals from decisions by [deputy superintendents of public instruction or other supervisors] members of the professional staff when there is no appeal to the state board of education. The decision of the superintendent of public instruction on such appeals shall be final.
Sec. 15. NRS 385.460 is hereby amended to read as follows:
385.460 When required, the attorney general shall give his opinion in writing and without fee to the [first assistant] deputy superintendent of public instruction, the [assistant] associate superintendent of public instruction for administration and the [deputy superintendents of public instruction] professional staff on matters relating to the duties of their offices.
Sec. 16. NRS 281.115 is hereby amended to read as follows:
281.115 The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries in the amounts set forth following their specified titles:
Adjutant generals office:
Adjutant general........................................................................................ $15,000
Liaison officer............................................................................................. 7,920
Deputy adjutant general........................................................................... 7,200
Security officer........................................................................................... 3,660
Attorney generals office:
Chief deputy attorney general................................................................. ......................................................................................................... 16,000
Chief assistant............................................................................................ ......................................................................................................... 14,548
Chief counsel, department of highways................................................. ......................................................................................................... 14,500
Deputy, Nevada gaming commission..................................................... ......................................................................................................... 14,000
Deputy, welfare division, department of health, welfare and rehabilitation ......................................................................................................... 14,000
Deputy, department of commerce............................................................ ......................................................................................................... 12,800
κ1969 Statutes of Nevada, Page 172 (CHAPTER 125, SB 135)κ
Deputy, state department of conservation and natural resources ............................................................................................. $12,800
Deputy, department of motor vehicles....................................... 11,400
Deputies, four in number, the total annual salaries of whom shall not exceed ............................................................................................. 46,400
Legal analyst................................................................................... 11,500
Investigator..................................................................................... 11,000
Colorado River commission of Nevada:
Secretary.......................................................................................... 14,400
Department of administration:
Director............................................................................................ 18,000
Budget division:
Deputy budget administrator.......................................... 13,860
Chief assistant budget administrator............................. 11,500
Buildings and grounds division:
Superintendent of buildings and grounds.................... 11,500
Deputy superintendent of buildings and grounds...... 8,700
Chief assistant................................................................... 8,490
Marlette Lake water system supervisor......................... 6,900
Central data processing division:
Chief.................................................................................... 14,700
Purchasing division:
Chief.................................................................................... 13,860
Department of civil defense and disaster assistance:
Director of civil defense and disaster assistance...................... 11,000
Department of commerce:
Director............................................................................................ 17,600
Banking division:
Superintendent of banks.................................................. 15,000
Assistant superintendent of banks................................ 11,500
Insurance division:
Commissioner of insurance............................................. 15,000
Chief deputy commissioner of insurance...................... 11,500
Chief assistant................................................................... 9,540
Real estate division:
Real estate administrator.................................................. 12,600
Chief investigator.............................................................. 9,660
Chief assistant................................................................... 7,800
Special investigator.......................................................... 7,800
Savings and loan division:
Commissioner of savings association........................... 15,000
Deputy commissioner of savings associations............ 11,500
Chief assistant................................................................... 8,700
Department of economic development:
Director............................................................................................ 12,000
Deputy director.............................................................................. 8,640
Department of health, welfare and rehabilitation:
Director........................................................................................................ 17,600
Alcoholism division:
Administrator................................................................................. 10,460
κ1969 Statutes of Nevada, Page 173 (CHAPTER 125, SB 135)κ
Childrens home division:
Superintendent.............................................................................. $10,500
Chief assistant............................................................................... 5,970
Mental hygiene division:
Superintendent and medical director of the Nevada state hospital ......................................................................................................... 26,000
Nevada girls training center division:
Superintendent.............................................................................. 13,225
Nevada youth training center division:
Superintendent.............................................................................. 13,225
Rehabilitation division:
OASI medical consultant (one-half time).................................. 11,000
Department of highways:
State highway engineer............................................................................. 19,000
Deputy highway engineer........................................................................ 17,900
Department of motor vehicles:
Director........................................................................................................ 14,200
Deputy director.......................................................................................... 11,500
Employment security department:
Executive director....................................................................................... 16,000
Governors office:
Administrative assistant........................................................................... 18,400
Special assistant......................................................................................... 14,000
Press officer................................................................................................ 12,000
Secretary...................................................................................................... 8,400
Administrative secretary........................................................................... 7,082
Receptionist................................................................................................ 6,300
Principal clerk-stenographers, three in number, the total annual salaries of whom shall not exceed............................................................................. 17,487
Senior clerk stenographer......................................................................... 4,813
Indian affairs commission:
Executive director....................................................................................... 7,500
Labor commissioners office:
Labor commissioner................................................................................... 11,500
Deputy labor commissioner...................................................................... 8,400
Lost City Museum:
Curator......................................................................................................... 7,236
Attendant.................................................................................................... 3,000
Relief attendant.......................................................................................... 360
Nevada athletic commission:
Executive secretary.................................................................................... 8,400
Nevada commission on equal rights of citizens:
Secretary...................................................................................................... 10,500
Assistant secretary.................................................................................... 7,500
Nevada commissioner for veteran affairs:
Commissioner............................................................................................. 10,500
Deputy commissioner................................................................................ 9,500
Nevada gaming commission:
Executive secretary.................................................................................... 15,000
Research and planning: Certified or registered public accountants, each ......................................................................................................... 14,000
κ1969 Statutes of Nevada, Page 174 (CHAPTER 125, SB 135)κ
Assistant executive secretary...................................................... $10,909
Tax administrators I....................................................................... 10,381
Tax administrators II...................................................................... 9,404
Confidential secretaries................................................................. 8,137
Tax and license examiners............................................................. 7,583
Tax and license examiners............................................................. 6,738
Research assistants....................................................................... 7,055
Program specialists........................................................................ 6,738
Administrative assistants............................................................. 6,738
Nevada historical society:
Executive secretary........................................................................ 8,700
Assistant executive secretary...................................................... 6,600
Research librarian........................................................................... 3,000
Nevada industrial commission:
Chairman.......................................................................................... 16,000
Commissioner representative of labor........................................ 13,860
Commissioner representative of employers............................... 13,860
Nevada state prison:
Warden............................................................................................ 15,000
Deputy warden............................................................................... 12,600
Nevada state museum:
Director............................................................................................ 10,000
Curator of biology.......................................................................... 8,400
Exhibit technician........................................................................... 5,700
Nevada tax commission:
Secretary.......................................................................................... 16,000
Office of economic opportunity:
Director............................................................................................ 15,000
Deputy director.............................................................................. 9,500
Public employees retirement board:
Executive secretary........................................................................ 16,000
Assistant executive secretary...................................................... 10,940
Public service commission of Nevada:
Chairman.......................................................................................... 16,000
Commissioners (other than chairman) each............................... 14,400
Branch manager.............................................................................. 10,440
Secretary of states office:
Deputy secretary of state............................................................. 11,000
Deputy secretary of state (securities)......................................... 11,000
Chief assistant................................................................................ 6,900
State board of fish and game commissioners:
State director of fish and game.................................................... 14,520
State board of parole commissioners:
Chief parole and probation officer............................................... 13,500
State controllers office:
Deputy state controller................................................................. 11,000
Accountant..................................................................................... 9,000
State department of conservation and natural resources:
Director........................................................................................................ 17,600
Assistant director...................................................................................... 14,700
Assistant director (federal land laws)..................................................... 14,700
κ1969 Statutes of Nevada, Page 175 (CHAPTER 125, SB 135)κ
Division of water resources:
State engineer................................................................................ $14,700
District supervisor, water commissioners (one-half time)....... 6,600
Division of forestry:
State forester firewarden.............................................................. 12,500
Division of state parks:
Administrator of the Nevada state park system....................... 12,500
Deputy administrator.................................................................... 11,000
State department of education:
Superintendent of public instruction...................................................... 20,000
[First assistant] Deputy superintendent of public instruction............ 16,000
[Assistant] Associate superintendent of public instruction for administration ......................................................................................................... 15,000
State gaming control board:
Members, each........................................................................................... 15,840
Audit division:
Chief................................................................................................ 14,400
Agents............................................................................................ 11,464
Agents............................................................................................ 10,909
Agents............................................................................................ 8,533
Agents............................................................................................ 7,900
Statistical analysts........................................................................ 5,814
Enforcement division:
Chief................................................................................................ 13,945
Agents............................................................................................ 10,909
Agents (electronics)..................................................................... 10,645
Agents............................................................................................ 10,381
Agents............................................................................................ 9,880
Agents............................................................................................ 9,404
Agents............................................................................................ 8,956
Agents............................................................................................ 8,533
Statistical analysts........................................................................ 6,104
Investigative division:
Chief................................................................................................ 14,400
Agents............................................................................................ 12,652
Agents............................................................................................ 11,474
Agents............................................................................................ 11,464
Agents............................................................................................ 10,909
Agents............................................................................................ 8,137
Temporary investigators, the total annual salaries of whom shall not exceed............................................................................................. 17,500
Office services:
Manager, Carson City.................................................................. 12,696
Manager, Las Vegas..................................................................... 10,968
Public information officer............................................................. 12,696
Files supervisor............................................................................. 7,398
Administrative assistant.............................................................. 7,213
Confidential secretary.................................................................. 6,104
Administrative assistant.............................................................. 6,104
Legal researcher (one-half time).................................................. 2,923 State planning board:
κ1969 Statutes of Nevada, Page 176 (CHAPTER 125, SB 135)κ
State planning board:
Manager and technical supervisor.......................................................... $16,000
Deputy manager......................................................................................... 13,860
State printing office:
Chief assistant............................................................................................ 6,324
State treasurers office:
Deputy state treasurer............................................................................... 11,000
Chief assistant............................................................................................ 7,200
Sec. 17. This act shall become effective upon passage and approval.
________
Assembly Bill No. 36Mr. McKissick
CHAPTER 126
AN ACT relating to divorce on the ground of insanity; making the requirement of a support bond discretionary.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.010 is hereby amended to read as follows:
125.010 Divorce from the bonds of matrimony may be obtained for any of the following causes:
1. Impotency at the time of the marriage continuing to the time of the divorce.
2. Adultery since the marriage, remaining unforgiven.
3. Willful desertion, at any time, of either party by the other, for the period of 1 year.
4. Conviction of felony or infamous crime.
5. Habitual gross drunkenness contracted since marriage, of either party, which shall incapacitate such party from contributing his or her share to the support of the family.
6. Extreme cruelty in either party.
7. Neglect of the husband, for the period of 1 year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband which he could not avoid by ordinary industry.
8. Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action [shall] to give bond therefor in an amount to be fixed by the court.
9. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
10. Incompatibility.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 177κ
Assembly Bill No. 161Messrs. McKissick and Hilbrecht
CHAPTER 127
AN ACT relating to the Motor Vehicle Safety Responsibility Act; increasing the amount of security required of drivers involved in accidents.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 485.105 is hereby amended to read as follows:
485.105 Proof of financial responsibility means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of [$10,000] $15,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, in the amount of [$20,000] $30,000 because of bodily injury or death of two or more persons in any one accident, and in the amount of $5,000 because of injury to or destruction of property of others in any one accident.
Sec. 2. NRS 485.210 is hereby amended to read as follows:
485.210 1. No policy or bond shall be effective under NRS 485.190 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection 2 of this section, or unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than [$10,000] $15,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than [$20,000] $30,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $5,000 because of injury to or destruction of property of others in any one accident.
2. No policy or bond shall be effective under NRS 485.190 with respect to any vehicle which was not registered in this state or to any vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing such policy or bond is authorized to do business in this state or, if the company is not authorized to do business in this state, unless it shall execute a power of attorney authorizing the director of the department of motor vehicles to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.
Sec. 3. NRS 485.304 is hereby amended to read as follows:
485.304 Judgments herein referred to shall, for the purpose of this chapter only, be deemed satisfied:
1. When [$10,000] $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or
2. When, subject to such limit of [$10,000] $15,000 because of bodily injury to or death of one person, the sum of [$20,000] $30,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
κ1969 Statutes of Nevada, Page 178 (CHAPTER 127, AB 161)κ
of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
3. When $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident,
but payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.
Sec. 4. NRS 485.3091 is hereby amended to read as follows:
485.3091 1. A motor vehicle liability policy as the term is used in this chapter shall mean an owners or an operators policy of liability insurance issued, except as otherwise provided in NRS 485.309, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. Such owners policy of liability insurance shall:
(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: [$10,000] $15,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, [$20,000] $30,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of others in any one accident.
3. Such operators policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owners policy of liability insurance.
4. Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
5. Such motor vehicle liability policy need not insure any liability under any workmens compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
κ1969 Statutes of Nevada, Page 179 (CHAPTER 127, AB 161)κ
6. Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy.
(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.
(c) The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b) of subsection 2 of this section.
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.
7. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term motor vehicle liability policy shall apply only to that part of the coverage which is required by this section.
8. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
9. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet such requirements.
10. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Sec. 5. NRS 485.3095 is hereby amended to read as follows:
485.3095 1. Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him [$25,000] $35,000 in cash or securities such as may legally be purchased by savings banks or for trust funds of a market value of [$25,000.] $35,000. The state treasurer shall not accept any such deposit and issue a certificate therefor and the division shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
2. Such deposit shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made.
κ1969 Statutes of Nevada, Page 180 (CHAPTER 127, AB 161)κ
was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.
________
Assembly Bill No. 162Mr. McKissick
CHAPTER 128
AN ACT relating to pleadings; providing that verifications of pleadings shall be made under penalty of perjury and need not be made before a notary public; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 15.010 is hereby amended to read as follows:
15.010 1. In all cases of the verification of a pleading, the affidavit of the party shall state that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters that he believes it to be true. And where a pleading is verified, it shall be by the affidavit of the party, unless he be absent from the county where the attorneys reside, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same.
2. When the pleading is verified by the attorney, or any other person except the party, he shall set forth in the affidavit the reasons why it is not made by the party.
3. When a corporation is a party, the verification may be made by any officer thereof; or when the state, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts; except that in actions prosecuted by the attorney general, in behalf of the state, the pleadings need not, in any case, be verified.
4. In all cases where, by the foregoing provisions, the verification may be made by the attorney, such verification may be by him made on information and belief if the facts are not within his knowledge.
5. The affidavit may be in substantially the following form and need not be subscribed before a notary public:
Under penalties of perjury, the undersigned declares that he is the ........................(plaintiff, defendant) named in the foregoing .......................... (complaint, answer) and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and that as to such matters he believes it to be true.
.......................................................
________
κ1969 Statutes of Nevada, Page 181κ
Assembly Bill No. 208Messrs. Lowman, Torvinen, Smith, Reid, Branch, Close, McKissick, Swallow and Kean
CHAPTER 129
AN ACT relating to the conditional release of persons convicted of crimes associated with drugs; to permit the imposition of tests to determine drug use as a condition of such release; providing penalties; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon the granting of probation to a person convicted of any crime related to the sale, possession or use of a narcotic drug, as defined in chapter 453 of NRS, a dangerous drug, as defined in NRS 454.220, or any drug referred to in NRS 454.460 the possession or use of which is a crime, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests by a physician approved by the state health officer to determine whether the probationer is using any such drug. Any such use or any failure or refusal to submit is a ground for revocation of probation.
2. Any expense incurred as a result of any such test is a charge against the county in which probation was granted.
Sec. 2. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon the granting of parole to a prisoner convicted of any crime related to the sale, possession or use of a narcotic drug, as defined in chapter 453 of NRS, a dangerous drug, as defined in NRS 454.220, or any drug referred to in NRS 454.460 the possession or use of which is a crime, the board may, when the circumstances warrant, require as a condition of parole that the parolee submit to periodic tests by a physician approved by the state health officer to determine whether the parolee is using any such drug. Any such use or any failure or refusal to submit is a ground for revocation of parole.
2. Any expense incurred as a result of any such test is a charge against the board.
Sec. 3. NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.255, inclusive [:] , and section 1 of this act:
1. Board means the state board of parole commissioners.
2. Court means a district court of the State of Nevada.
3. Parole and probation officer means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
Sec. 4. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive, and section 2 of this act, board means the state board of parole commissioners.
________
κ1969 Statutes of Nevada, Page 182κ
Assembly Bill No. 255Messrs. McKissick and Reid
CHAPTER 130
AN ACT relating to sheriffs; providing a uniform sheriffs fee schedule; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The sheriff of each county in this state may charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant........................................................................................... $2.00
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile........ .50
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.
For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking.......................................................... 1.50
For a copy of any writ, process or other paper, when demanded or required by law, for each folio ........................................................................... .30
For serving every notice, rule or order................................................. 1.00
For serving a subpena, for each witness summoned........................... .50
For traveling, per mile in serving subpenas, or a venire, in going only, for each mile........................................................................................... .50
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons................................ 3.00
For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper......................................................................................... 2.00
For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate................ 2.00
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.... 5.00
For serving a writ of possession or restitution, putting any person into possession entitled thereto............................................................ 5.00 For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile.................................... $0.50
κ1969 Statutes of Nevada, Page 183 (CHAPTER 130, AB 255)κ
For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile $0.50
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed constables.
3. The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving such property, as the court from which the writ or order may issue certifies to be just and reasonable.
4. In service of a subpena or a venire in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution of order of sale, shall be collected from the defendants, by virtue of such execution or order of sale, in the same manner as the execution is directed to be made.
6. All fees collected by a sheriff shall be paid into the county treasury of his county on or before the 5th day of the month next succeeding the month in which such fees are collected.
Sec. 2. NRS 248.261, 248.262, 248.265, 248.270, 248.280, 248.281 and 248.290 are hereby repealed.
________
Assembly Bill No. 256Mr. McKissick
CHAPTER 131
AN ACT relating to justices of the peace; removing requirements of filing an abstract of judgment with the county clerk and obtaining a certification of the justice of the peace by the county clerk; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 68.030 is hereby amended to read as follows:
68.030 From the time of [docketing in the office of the county clerk,] entry of judgment of the docket of the justice of the peace, execution may be issued thereon by the [county clerk] justice of the peace to the sheriff of any county in the state, [other than the county in which the judgment was rendered,] in the same manner and with like effect as if issued on a judgment of the district court.
κ1969 Statutes of Nevada, Page 184 (CHAPTER 131, AB 256)κ
the sheriff of any county in the state, [other than the county in which the judgment was rendered,] in the same manner and with like effect as if issued on a judgment of the district court.
Sec. 2. NRS 70.020 is hereby amended to read as follows:
70.020 The execution must:
1. Be directed to [the sheriff] a sheriff of any county in the state or to a constable of the county [.] in which the justices court is located.
2. Be subscribed by the justice.
3. Bear date the day of its delivery to the officer.
4. Intelligibly refer to the judgment, by stating the names of the parties, and the name of the justice before whom, and of the county and the township or city where, and the time when it was rendered.
5. State the amount of judgment, if it be for money; and, if less than the whole is due, the true amount due thereon.
6. Contain, in like cases, similar directions to the sheriff or constable, as are required by the provisions of chapter 21 of NRS, in an execution to the sheriff.
Sec. 3. NRS 71.080 is hereby amended to read as follows:
71.080 1. The writ may be directed to the sheriff or any constable of the county, or the sheriff of any other county, and must require him to attach and keep safely all the property of the defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiffs demand, the amount of which must be stated in conformity with the complaint, unless the defendant give him security, by the undertaking of two sufficient sureties, in an amount sufficient to satisfy such demand besides costs; in which case, to take such undertaking.
2. Several writs may be issued at the same time to the sheriffs of different counties. [, but where a writ of attachment issued by a justice of the peace is to be served out of the county in which it was issued, the writ of attachment shall have attached to it a certificate under seal by the county clerk of such county, to the effect that the person issuing the same was an acting justice of the peace of the county at the date of the writ.]
Sec. 4. NRS 68.020 is hereby repealed.
________
κ1969 Statutes of Nevada, Page 185κ
Senate Bill No. 79Committee on Transportation
CHAPTER 132
AN ACT relating to vehicle privilege taxes; permitting the removal of the registration certificate and license plates issued for a vehicle upon nonpayment of such tax; providing a minimum privilege tax for trailers of a certain weight; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 371.060 is hereby amended to read as follows:
371.060 1. Except as provided in subsection 2, each vehicle shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:
Percentage of
Age Initial Value
New.................................................................................................... 100 percent
1 year.................................................................................................. 85 percent
2 years................................................................................................ 75 percent
3 years................................................................................................ 65 percent
4 years................................................................................................ 55 percent
5 years................................................................................................ 45 percent
6 years................................................................................................ 35 percent
7 years................................................................................................ 25 percent
8 years................................................................................................ 15 percent
9 years or more................................................................................. 5 percent
2. Each bus, truck, truck tractor, trailer and semitrailer having an unladened weight of more than 6,000 pounds shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:
Percentage of
Age Initial Value
New.................................................................................................... 100 percent
1 year.................................................................................................. 75 percent
2 years................................................................................................ 59 percent
3 years................................................................................................ 47 percent
4 years................................................................................................ 37.5 percent
5 years................................................................................................ 28 percent
6 years................................................................................................ 23 percent
7 years................................................................................................ 20 percent
8 years................................................................................................ 18 percent
9 years................................................................................................ 15.5 percent
10 years or more............................................................................... 13 percent
3. Notwithstanding any other provision of this section, the minimum amount of privilege tax:
(a) On any trailer weighing [less than] 1,000 pounds or less shall be $3; and
(b) On any other vehicle shall be $6.
κ1969 Statutes of Nevada, Page 186 (CHAPTER 132, SB 79)κ
Sec. 2. NRS 371.190 is hereby amended to read as follows:
371.190 1. Every privilege tax and any penalty added thereto constitute a lien upon the vehicle for which due from the date on which the tax becomes due.
2. The department [shall] may collect the tax and any penalty by seizure and sale of the vehicle [.] or, if the department determines that it is impractical to seize and sell such vehicle, the Nevada highway patrol shall remove the registration certificate and license plates from such vehicle and retain such certificate and plates until the privilege tax and any penalty are paid.
3. The seizure and sale shall be conducted by the department in the same manner as is provided by law for the seizure and sale of personal property for the collection of taxes due on personal property.
________
Senate Bill No. 158Committee on Transportation
CHAPTER 133
AN ACT relating to motor vehicles; correcting erroneous grammar and sentence structure.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.040 is hereby amended to read as follows:
482.040 Foreign vehicle means every motor vehicle, trailer or semitrailer which [shall be] has been brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which [shall have] has not been registered in this state.
Sec. 2. NRS 482.295 is hereby amended to read as follows:
482.295 If the owner of a motor vehicle for which registration is applied for is or intends to be a short-term lessor of such vehicle, such fact shall be stated in the application. The department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in NRS 482.305, or, if the owner fail to make such agreement, until and unless the owner shall demonstrate to the department his financial ability to respond to damages as follows:
1. If he apply for registration of one motor vehicle, in the sum of at least $10,000 for any person injured or killed and in the sum of $20,000 for any number more than one injured or killed in any one accident.
2. If he apply for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle and $5,000 additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of $100,000 for any number of motor vehicles.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 187κ
Assembly Bill No. 29Messrs. Ashworth, Bowler, Glaser, R. Young, Mrs. Tyson, Messrs. Mello and Howard
CHAPTER 134
AN ACT relating to state gaming licenses; clarifying the dates on which license fees are payable and the penalties provided for nonpayment; and providing other matters properly relating thereto.
[Approved March 17, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding [calendar quarter] license period upon proper application for renewal and payment of state license fees as required by law and the regulations of the commission.
2. All state gaming licenses shall become subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the commission and all state license fees required by law shall be paid to the commission on or before [the last day of January of each year and on or before the last day of the first month of each calendar quarter thereafter.] the dates respectively provided by law for each such fee.
4. Application for renewal of licenses for slot machines only shall be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees due at the times [hereinabove] respectively provided shall pay in addition to such license fees 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 [,] where the fee is based on gross revenue and $800 in all other cases, which penalty shall be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
7. Any person who shall operate, carry on, conduct or expose for play any gambling game, gaming device or slot machine after his license shall have become subject to renewal, and shall thereafter fail to apply for renewal as herein provided, shall be guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 2. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, before issuing a state 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:
κ1969 Statutes of Nevada, Page 188 (CHAPTER 134, AB 29)κ
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 and one-half percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year.
2. [No state 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.] Unless the licensee is operating under a provisional license, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar quarter, on or before the last day of the first month of the calendar quarter for which the license is issued.
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. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof shall be attributed to such owner for the purposes of this section and shall be counted as part of the gross revenue of the owner. The lessee shall be liable to the owner for his proportionate share of such license fees.
[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 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 are other charges, license fees and penalties under this chapter.]
Sec. 3. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for the operation of not more than 15 slot machines and no other game or gaming device, the commission shall charge and collect from such applicant a license fee of $25 for each slot machine for each quarter year.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the [25th] last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. No proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
κ1969 Statutes of Nevada, Page 189 (CHAPTER 134, AB 29)κ
machines situated in such location, whether such machines are owned by one or more licensee-owners.
[5. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month as required by subsection 2 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, which penalty shall be collected as are other charges, license fees and penalties under this chapter.]
Sec. 4. NRS 463.375 is hereby amended to read as follows:
463.375 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for the operation of 16 or more slot machines or for the operation of any number of slot machines together with any other game or gaming device, the commission shall charge and collect from such applicant a license fee of $40 for each slot machine for each calendar year.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of $10 for each slot machine for each calendar quarter:
(a) On or before the [25th] last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. No proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
[5. Any person failing to pay the license fees provided for in this section on or before the due date as required by subsection 2 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 $800, which penalty shall be collected as are other charges, license fees and penalties under this chapter.]
Sec. 5. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, [prior to the 10th day of January of every year,] before issuing a state 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.
κ1969 Statutes of Nevada, Page 190 (CHAPTER 134, AB 29)κ
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.
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 the operation of the licensee is continuing, the commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year. 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 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 $800, which penalty shall be collected as are other charges, license fees and penalties under this chapter.]
κ1969 Statutes of Nevada, Page 191 (CHAPTER 134, AB 29)κ
Sec. 6. NRS 463.383 is hereby amended to read as follows:
463.383 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect from each applicant a quarterly license fee to be determined on the basis of the following annual rates:
(a) From establishments operating or to operate ten games or less:
Those establishments operating or to operate one game, the sum of $50.
Those establishments operating or to operate two games, the sum of $100.
Those establishments operating or to operate three games, the sum of $200.
Those establishments operating or to operate four games, the sum of $375.
Those establishments operating or to operate five games, the sum of $875.
Those establishments operating or to operate six or seven games, the sum of $1,500.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $3,000.
(b) From establishments operating or to operate more than ten games:
(1) For each game up to and including 16 games, the sum of $500.
(2) For each game from 17 to 26 games, inclusive, the sum of $4,800.
(3) For each game from 27 to 35 games, inclusive, the sum of $2,800.
(4) For each game more than 35 games, the sum of $100.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of one-fourth of the prescribed annual rate for each calendar quarter:
(a) On or before the [25th] last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional games into play during a calendar quarter.
3. No proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. 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.
5. 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.
6. 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.
κ1969 Statutes of Nevada, Page 192 (CHAPTER 134, AB 29)κ
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.
[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 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 $800, which penalty shall be collected as are other charges, license fees and penalties under this chapter.]
Sec. 7. NRS 463.390 is hereby amended to read as follows:
463.390 1. Any person, firm, association or corporation desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance shall, upon proper application to the sheriff of the county wherein it is proposed that such slot machine, game or games shall be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:
(a) The person, firm, association or corporation so applying for a license shall furnish a complete description of the particular room and premises in which the licensee desires to carry on or conduct such slot machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized.
(b) The person, firm, association or corporation so applying for a license shall state definitely the particular type of slot machine or the particular game or device which the licensee desires to carry on or conduct in the room and premises, and as so stated the same shall be specifically described in and entered upon the license.
(c) Card games, that is, stud and draw poker, bridge, whist, solo, and panguingui for money, shall be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable 3 months in advance.
(d) A license fee of $50 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, shall be paid to the sheriff for each game or device license issued except those games as otherwise provided for herein and except slot machines. For each money slot machine the license fee shall be $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance. When a combination of units are operated by one handle the license fee shall be the sum of $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, for each and every unit paying in identical denominations operated thereby.
(e) The license shall entitle the holder or holders, or his or their employee or employees, to carry on, conduct and operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.
κ1969 Statutes of Nevada, Page 193 (CHAPTER 134, AB 29)κ
employee or employees, to carry on, conduct and operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.
2. The licensee shall be entitled to carry on, conduct and operate two or more slot machines, games or devices, [mentioned in NRS 463.020,] in the same room, by paying the license fee herein provided for, for each slot machine, game or device and otherwise complying with the terms of this section.
[3. The sheriff of any county shall not issue the licenses provided for in this section unless the applicant for such licenses shall first have obtained from the commission the licenses provided for in NRS 463.380.]
Sec. 8. This act shall become effective upon passage and approval.
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Senate Bill No. 142Committee on Finance
CHAPTER 135
AN ACT relating to state aid to the medically indigent; requiring counties to make payments to the State of Nevada for deposit in the Title XIX fund; and providing other matters properly relating thereto.
[Approved March 19, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto a new section to be designated NRS 428.370, which shall read as follows:
428.370 1. During each fiscal year, commencing July 1, 1969, each county shall pay to the state a sum of money equal to the amount produced by the countys annual levy of 11 cents ad valorem tax on each $100 of assessed valuation of taxable property in the county.
2. The remittance required by subsection 1 shall be made at least quarterly to the state treasurer, who shall deposit the same in the Title XIX fund.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 194κ
Assembly Bill No. 294Mr. Torvinen (By request)
CHAPTER 136
AN ACT relating to guardians; providing for the temporary appointment of a guardian for a minor by a written instrument executed by the parent or parents having legal custody; and providing other matters properly relating thereto.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any competent adult person residing in this state may be appointed as the temporary legal guardian of the person of a minor child residing in this state, without the approval of a court, by an instrument in writing providing for such appointment, executed by both parents if living, not divorced and in legal custody of such minor, otherwise by the parent having legal custody, and acknowledged in the same manner as deeds are acknowledged in this state.
2. Such instrument shall contain a provision for its expiration on a date not more than 6 months after the date of execution unless renewed by an acknowledged writing prior to its expiration date. If such provision is not expressed in such instrument, the instrument shall expire by operation of law 6 months after the date of its execution.
3. The appointment of a temporary legal guardian under this section:
(a) May be terminated by an instrument in writing signed by either parent if such parent has not been deprived of the legal custody of the minor; and
(b) Is terminated by any order of a court of competent jurisdiction which appoints a legal guardian.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 519Messrs. Prince and Swallow
CHAPTER 137
AN ACT relating to highways and roads; redesignating state Route 44.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.625 is hereby amended to read as follows:
408.625 Route 44 begins at a point [southeast of New Ruth, thence northerly to a point on Route 2 at Keystone. Route 44 begins again at Kimberly, thence easterly to a junction with itself northeast of New Ruth.] approximately 0.3 mile west of the junction of the road to Reipetown (G Street), thence continues northeasterly to a point on Route 2 near Keystone.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 195κ
Senate Bill No. 189Senators Pozzi and Gibson
CHAPTER 138
AN ACT relating to the Multistate Tax Compact; decreasing the number of mandatory meetings of the advisory committee; and providing other matters properly relating thereto.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 376.050 is hereby amended to read as follows:
376.050 There is hereby established the Multistate Tax Compact advisory committee composed of the member of the Multistate Tax Commission representing this state, any alternate designated by him, the attorney general or his designee, and two members of the senate, appointed by the president thereof and two members of the assembly, appointed by the speaker thereof. The chairman shall be the member of the commission representing the state. The committee shall meet on the call of its chairman or at the request of a majority of its members, but in any event it shall meet not less than [three times] once in each year. The committee may consider any and all matters relating to recommendations of the Multistate Tax Commission and the activities of the members in representing this state thereon.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 219Committee on State Institutions
CHAPTER 139
AN ACT providing for the interstate transportation of prisoners; and providing other matters properly relating thereto.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
An officer of the Nevada state prison may transport a prisoner temporarily to or through any state which adjoins the State of Nevada if:
1. The prisoner will perform general labor in connection with forestry projects and will be directly returned to the State of Nevada after completion of the general labor; or
2. Some part of Nevada is threatened by fire or other natural disaster and the threat emanates from an adjoining state.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 196κ
Senate Bill No. 238Committee on Taxation
CHAPTER 140
AN ACT to amend NRS 354.320, relating to county auditors annual statements, by removing the obsolete reference therein to poll tax collections.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.320 is hereby amended to read as follows:
354.320 On or before the 3rd Monday of July of each year each county auditor shall prepare and forward to the state controller a statement showing:
1. The indebtedness of the county, funded and floating, stating the amount of each class, and the rate of interest borne by such indebtedness, or any part thereof, and the amount of cash in the county treasury, in its several funds.
2. A careful estimate of the value of all property owned by the county.
3. The aggregate value of the real and personal property in the county, as shown by the last assessment roll, stating each separately.
4. The rate of taxation in such year in the county [, and the amount of poll taxes collected,] and the number of registered voters.
5. The amount of taxes so assessed, stating the portion, if any, which was delinquent.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 296Senators Lamb and Young
CHAPTER 141
AN ACT relating to the state treasurer; deleting a certain residence requirement; and providing other matters properly relating thereto.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 226.030 is hereby amended to read as follows:
226.030 The state treasurer shall keep his office [and reside] at the seat of government.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 197κ
Senate Bill No. 101Committee on Taxation
CHAPTER 142
AN ACT to amend an act entitled An Act relating to crimes and punishments; to harmonize the penalties provided according to the nature of the offense; and providing other matters properly relating thereto, approved March 29, 1967, as amended.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 361 of the above-entitled act, being chapter 211, Statutes of Nevada 1967, at page 563, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 309Committee on Judiciary
CHAPTER 143
AN ACT relating to the recall of public officers; clarifying the method of determining the number of signatures required on a petition to recall; and providing other matters properly relating thereto.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 306.020 is hereby amended to read as follows:
306.020 1. For the purpose of recalling any public officer, there may be filed with the officer with whom the petition for nomination to such office is required by law to be filed a petition signed by electors who voted in the state, or in the county, district or municipality electing such officer, equal in number to 25 percent of the votes cast in the state, or in the county, district or municipality, for the [6-year term as] office of justice of the supreme court for which the highest number of votes for a 6-year term were cast at the last preceding election.
2. The petition shall also contain the residence addresses of the signers, shall set forth in not to exceed 200 words the reason why the recall is demanded, and shall contain a statement of the minimum number of signatures necessary to the validity of the petition.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 198κ
Senate Bill No. 237Committee on Taxation
CHAPTER 144
AN ACT to amend NRS 361.790, relating to property taxes on certain parcels of land; providing for its retroactive application; and providing other matters properly relating thereto.
[Approved March 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.790 is hereby amended to read as follows:
361.790 1. Whenever a person has acquired a legal or beneficial interest in a parcel of real property, which is a part of a larger parcel upon which there are assessed or delinquent taxes, and such person offers to tender to the county treasurer, in the county where the real [property] estate is assessed, his prorated share of the tax on the larger parcel, covering the parcel in which he has acquired an interest, then the county treasurer shall make a report of such offer to the board of county commissioners of such county.
2. The board of county commissioners shall then examine the report of the county treasurer, and request a report from the county assessor as to the relative values of each parcel together with such other evidence as may be presented in connection therewith. If, after reviewing such report and evidence, the board of county commissioners is satisfied that the person offering to tender payment of the taxes due has a legal or beneficial interest in the smaller parcel only, it shall:
(a) Determine what proportion of the assessment and tax on the entire parcel affected shall be attributed to the smaller parcel.
(b) Enter an order in the minutes of the board, directing:
(1) Each officer who has custody of the tax or assessment roll for the year for which the offer to tender has been made and for each subsequent year to divide and prorate the assessment and tax accordingly.
(2) The county treasurer to accept the prorated tax when tendered and apply it to the proper parcel.
(3) The county assessor to assess each parcel separately thereafter.
(c) Direct the clerk of the board to mail a copy of such order to the person offering to tender payment.
3. If the board of county commissioners issues the orders pursuant to subsection 2, the county treasurer shall issue a receipt to the person when he tenders payment of taxes, which receipt shall be conclusive evidence for the payment of all taxes assessed against the particular parcel for which the payment of tax is tendered, and shall be a complete defense to any action for taxes due on such parcel which may be brought for the period covered by the receipt.
4. Each county assessor receiving a request for a report as provided for in subsection 2 shall submit such report to the board of county commissioners within 30 days.
5. The provisions of this section apply to delinquencies which occurred either before or after April 20, 1967.
Sec. 2. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 199κ
Senate Bill No. 151Committee on Federal, State and Local Governments
CHAPTER 145
AN ACT relating to local government finance; correcting language relating to special districts.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.460 is hereby amended to read as follows:
354.460 1. At the first tax levy following the creation of any emergency indebtedness, the governing board of any political subdivision shall levy a tax sufficient to pay the same. The tax shall be designated City of .............................. Emergency Tax, Town of .............................. Emergency Tax, .............................. School District Emergency Tax, .............................. Agricultural Association Emergency Tax or .............................. District Emergency Tax, as the case may be, the proceeds of which shall be placed in an emergency fund in the city treasury, or in an emergency fund in the county treasury in the cases of towns, school districts, irrigation districts, [mosquito abatement districts,] special districts or agricultural associations, [or fire protection districts,] to be used solely for the purpose of redeeming the emergency loan for which the same is levied.
2. The board of county commissioners of any county is authorized, upon receipt of a written resolution of the board of trustees of a school district, to transfer the money remaining in the emergency loan fund of that school district to the school district fund after payment in full of the emergency loan and the interest thereon.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 150Committee on Federal, State and Local Governments
CHAPTER 146
AN ACT relating to the Nevada historical society; resolving existing ambiguities in statutes governing the society; reducing the required number of state publications to be provided the society; removing the requirement of approval of members by the board of trustees; and providing other matters properly relating thereto.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 382.022 is hereby amended to read as follows:
382.022 1. The board of trustees may hire and fix the duties, powers and conditions of employment of necessary technical and clerical personnel. [Employees in the unclassified and classified service of the state shall receive the salaries provided by law.]
2. Employees of the Nevada historical society in the unclassified service of the state shall receive annual salaries in the amounts specified in NRS 281.115.
κ1969 Statutes of Nevada, Page 200 (CHAPTER 146, SB 150)κ
service of the state shall receive annual salaries in the amounts specified in NRS 281.115.
Sec. 2. NRS 382.026 is hereby amended to read as follows:
382.026 1. The board of trustees may set the qualifications for life, honorary, annual, sustaining and such other memberships as the trustees may deem necessary.
2. All persons holding membership in the Nevada historical society on April 27, 1967, shall be allowed to maintain such membership in compliance with the provisions of this chapter. [, but all applicants for membership after April 27, 1967, shall be subject to the approval of the board of trustees.]
Sec. 3. 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] 2 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. 4. NRS 382.050 is hereby amended to read as follows:
382.050 1. The superintendent of state printing shall cause such number of copies of historical papers issued by the society to be printed as may be ordered by the society. When printed, the copies shall be delivered to the [secretary of the board of trustees] executive secretary of the Nevada historical society to be sold for the societys benefit, to be exchanged, or to be distributed to its members.
2. All plates for illustrating any volume shall be furnished to the superintendent of state printing by the society, and the costs of printing, binding and transportation shall be paid by the society.
3. The society may sell pamphlets or books prepared solely by or printed for the society which shall be for the purpose of disseminating general or historical information only. The society may deposit the proceeds of such sales in an insured commercial bank account.
4. Funds received by the society form donations, grants or any other source may be deposited in the account provided for in subsection 3. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.
5. Checks on the account provided for in subsection 3 may be drawn, and negotiable items endorsed for deposit, by two signatures, one of which shall be that of a [director] trustee and one of which may be that of an employee. All other claims and disbursements on behalf of the society shall be signed by at least two [directors.] trustees.
Sec. 5. NRS 382.024 is hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
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