[Rev. 2/28/2019 11:19:00 AM]
κ1969 Statutes of Nevada, Page 401 (CHAPTER 236, AB 610)κ
(c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.
(d) Employment of aliens by the University of Nevada in the technical, graduate assistant and student [held] help categories, but not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student help categories may be aliens.
(e) Employment of aliens as nurses in state or county hospitals.
4. Subject to the exceptions contained in this section, no money shall be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any of the work mentioned in this section unless such person shall be a citizen or ward or naturalized citizen of the United States.
5. Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such officer, or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees by the production of fraudulent papers evidencing citizenship in the United States.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 640Committee on Judiciary
CHAPTER 237
AN ACT relating to criminal procedure; requiring the court, when appropriate and requested, to make a certain charge to a jury when the penalty may be life without possibility of parole; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 175.161 is hereby amended to read as follows:
175.161 1. Upon the close of the argument, the judge shall charge the jury. He may state the testimony and declare the law, but shall not charge the jury in respect to matters of fact; such charge shall be reduced to writing before it is given; and in no case shall any charge or instructions be given to the jury otherwise than in writing, unless by the mutual consent of the parties. If either party request it, the court must settle and give the instructions to the jury before the argument begins, but this shall not prevent the giving of further instructions which may become necessary by reason of the argument.
2. In charging the jury, the court shall state to them all such matters of law as it shall think necessary for their information in giving their verdict.
3. Either party may present to the court any written charge, and request that it may be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused.
κ1969 Statutes of Nevada, Page 402 (CHAPTER 237, AB 640)κ
4. Upon each charge so presented and given, or refused, the court shall endorse its decision, and shall sign it. If part be given and part refused, the court shall distinguish, showing by the endorsement what part of the charge was given and what part refused.
5. When the offense charged carries a possible penalty of life without possibility of parole a charge to the jury that such penalty does not exclude executive clemency is a correct and pertinent charge, and shall be given upon the request of either party.
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Senate Bill No. 207Senator Dodge
CHAPTER 238
AN ACT relating to gaming; permitting the Nevada gaming commission to establish the amount of the bond required of licensees; providing that the revenue of the lessee of a portion of the premises of a licensee-owner be attributed to such owner; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.220 is hereby amended to read as follows:
463.220 1. After final order approving an application, the board will present its recommendation to the commission at the next meeting of the commission.
2. The commission may, after considering the recommendation of the board, issue to the applicant or applicants names, as individuals, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same. The commission may limit such license or place such conditions thereon as it may deem necessary in the public interest. The commission may, if satisfied of the necessity of such act, issue a probationary license. No state gaming license shall be assigned either in whole or in part.
3. After final order of the state gaming control board recommending denial of an application, the commission, after considering the recommendation of the board, may:
(a) Deny the application;
(b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or
(c) By unanimous vote of the members present, grant the application for a license.
4. If the commission is not satisfied that an applicant approved by the state gaming control board is qualified to be licensed hereunder, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
κ1969 Statutes of Nevada, Page 403 (CHAPTER 238, SB 207)κ
If the commission desires further investigation be made or to conduct such hearings, it shall, within 30 days after presentation of the recommendation of the board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission shall be taken within 120 days after the recommendation of the board has been presented to the commission. Failure of the commission to take action within such 120-day period shall be deemed to constitute approval of such applicant by the commission, and a license shall be issued forthwith upon compliance by the applicant with the provisions of subsection 6 of this section.
5. The commission shall have full and absolute power and authority to deny any application for a license for any cause deemed reasonable by such commission. In the event an application is denied, the commission shall prepare and file its written decision upon which its order denying such application is based.
6. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission will issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
[In any case in which the establishment for which a license is to be issued has not operated for the full period of the preceding calendar quarter, or if for any reason a record of the past full quarter cannot be obtained, a provisional license may be issued for the current quarter on an estimate of the license fees due upon filing of a sufficient bond or undertaking in a penal sum not exceeding $50,000 conditioned on the payment in arrears at the end of the first full calendar quarter of operation of the license fee due on the basis of the gross revenue for such full quarter, and any partial quarter preceding such full quarter.
In any case in which the establishment for which a license is to be issued has been operated for the full period of the preceding calendar quarter, the gross revenue of such establishment during such preceding full calendar quarter may be used in determining the license fees due hereunder.]
The commission shall fix the amount of the bond to be required under this subsection at no more than the total amount of license fees estimated to become due from the licensee prior to his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter.
The bond shall be furnished in cash or negotiable securities. If furnished in negotiable securities, the principal shall be placed without restriction at the disposal of the commission, but any income shall inure to the benefit of the licensee.
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 404 (CHAPTER 238, SB 207)κ
applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year.
2. 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, or located in an area or space on such premises which is leased by the licensee-owner to any such person, 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.
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Assembly Bill No. 684Committee on Transportation
CHAPTER 239
AN ACT to amend an act entitled 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.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 80, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 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.
κ1969 Statutes of Nevada, Page 405 (CHAPTER 239, AB 684)κ
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. 2. Section 4 of the above-entitled act, being chapter 80, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 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 vehicle 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. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 527Committee on Judiciary
CHAPTER 240
AN ACT relating to presentence investigation; providing for limited disclosure of the report of the presentence investigation; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.156 is hereby amended to read as follows:
176.156 1. [Upon request of the district attorney or of the defendant or his counsel, the] The court shall disclose to the district attorney and to counsel for the defendant, or to the defendant if he is without counsel, the factual content of the report of the presentence investigation and the recommendations of the probation service and afford an opportunity to each party to comment thereon.
2. The sources of confidential information [need] shall not be disclosed.
________
κ1969 Statutes of Nevada, Page 406κ
Assembly Bill No. 526Committee on Judiciary
CHAPTER 241
AN ACT relating to the imposition of sentences in criminal actions; prohibiting the court from imposing a sentence until it is in receipt of a presentence investigation report from the chief parole and probation officer; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.135 is hereby amended to read as follows:
176.135 The probation service of the district court shall make a presentence investigation and report to the court upon each defendant who pleads guilty or nolo contendere or is found guilty before the imposition of sentence or the granting of probation. [unless the court otherwise directs.]
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Assembly Bill No. 524Committee on Judiciary
CHAPTER 242
AN ACT relating to the registration of convicted persons; excepting from the registration requirements certain persons who have had their civil rights restored; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.090 is hereby amended to read as follows:
207.090 1. It shall be unlawful for any convicted person to be or remain in the State of Nevada for a period of more than 48 hours without, during such 48-hour period, registering with the sheriff of any county or the chief of police of any city in the manner hereinafter prescribed.
2. Any convicted person who does not reside in the State of Nevada but who has a temporary or permanent place of abode outside the State of Nevada, and who comes into the state on five occasions or more during any 30-day period, shall be subject to the provisions of NRS 207.080 to 207.150, inclusive.
3. Any person who has once registered as a convicted person, with the sheriff of any county or the chief of police of any city, shall not be required to register again, except as provided in NRS 207.100; but any person convicted of any of the crimes enumerated in paragraph (d) of subsection 1 of NRS 207.080 shall register as provided in this section, regardless of whether he has previously so registered as a convicted person by reason of his conviction of some crime other than those enumerated in paragraph (d) of subsection 1 of NRS 207.080.
4. Every person required by this section to register shall do so by filing with the sheriff or chief of police a statement in writing, signed by such person, upon a form prescribed and furnished by the sheriff or chief of police, giving the following information:
κ1969 Statutes of Nevada, Page 407 (CHAPTER 242, AB 524)κ
such person, upon a form prescribed and furnished by the sheriff or chief of police, giving the following information:
(a) His true name and all aliases which he has used or under which he may have been known.
(b) A full and complete description of his person.
(c) The kind, character and nature of each crime of which he has been convicted.
(d) The place where each of such crimes was committed and the place or places of conviction.
(e) The name under which he was convicted in each instance and the date thereof.
(f) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced.
(g) The location and address of his residence, stopping place, living quarters or place of abode, and if more than one residence, stopping place or place of abode, that fact must be stated and the location and address of each given.
(h) A statement of the kind of residence, stopping place, or place of abode in which he resides, whether the same is temporary or permanent; that is, whether the same is a private residence, hotel, apartment house or other building or structure.
(i) The length of time he has occupied each such place of residence, stopping place or place of abode; and the length of time he expects or intends to remain in the State of Nevada.
(j) Such other and further information as may be required by the sheriff or chief of police for the purpose of aiding and assisting in carrying into effect the provisions and intent of NRS 207.080 to 207.150, inclusive.
5. When so ordered in the individual case by the state board of parole commissioners or by the state board of pardons commissioners, whichever is appropriate, the provisions of this section shall not apply to a convicted person who has had his civil rights restored.
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Assembly Bill No. 395Mr. Lingenfelter
CHAPTER 243
AN ACT relating to the University of Nevada; providing for the disposition of unclaimed property; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any property which is in the possession of any authorized agent of the University of Nevada and which is not claimed within 1 year by the owner of the property or his authorized agent or representative shall be disposed of by the university in the following manner:
κ1969 Statutes of Nevada, Page 408 (CHAPTER 243, AB 395)κ
1. Moneys may be forfeited to the university;
2. Personal property may be sold at public auction and the proceeds forfeited to the university; and
3. Any property not otherwise disposed of as provided in this section shall be donated to a charitable institution.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 253Committee on Commerce
CHAPTER 244
AN ACT to amend NRS 465.083, relating to cheating games and devices, by clarifying the language referring to alteration of the game, device or result.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 465.083 is hereby amended to read as follows:
465.083 1. It is unlawful:
(a) To conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device; or
(b) To deal, conduct, carry on, operate or expose for play any game or games played with cards, dice or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with [to deceive the public or equipped with electrical or any other device whatever which might render the game more liable to win or lose.] , or placed in a condition, or operated in a manner, the result of which:
(1) Tends to deceive the public; or
(2) Tends to alter the normal random selection of criteria which determine the result of the game.
2. The use of marked cards, loaded dice, plugged or tampered-with machines or devices to deceive the public is expressly made unlawful.
3. Any violation of the provisions of this section is a gross misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 372Mr. Close
CHAPTER 245
AN ACT relating to fees in justices courts; making uniform the fees to be charged in such a court upon commencement of a civil action; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Justices of the peace [in counties wherein the total vote at the last general election did not exceed 800, and justices of the peace in counties wherein the total vote at the last general election exceeded 800,] shall be allowed the following fees:
κ1969 Statutes of Nevada, Page 409 (CHAPTER 245, AB 372)κ
counties wherein the total vote at the last general election exceeded 800,] shall be allowed the following fees:
[Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For filing each paper.......................................................... $0.25............................................................................ $0.15
For issuing any writ or paper by which suit is commenced 1.00................................................................................ .75
For entering cause in docket............................................ .50 .30
For subpena, to each witness.......................................... .25 .15
For administering oath or affirmation.............................. .25 .15
Certifying to the same.............................................. .25 .15
For issuing writ of attachment, order of arrest, or other for delivery of property................................................................. 2.00 1.50
For entering any final judgment, per folio, for the first folio 1.00................................................................................ .75
For each additional folio................................ .50 .30
For taking and approving any bond of undertaking required by law to be taken or approved by him............................. 1.00 .75
For issuing a venire........................................................... 1.00 .75
For taking depositions, per folio...................................... .25 .20
For issuing commission to take testimony..................... 1.00 .75
For copy of any judgment, order, docket, proceeding or paper in his office, per folio.......................................................... .25 .20
For entering satisfaction of judgment............................. .50 .30
For issuing execution........................................................ 1.00 .75
For taking acknowledgments of deeds, or other instruments, including certificates, for the first name................ 1.00 .75
For each subsequent name........................... .25 .25
For issuing supersedeas to an execution....................... 1.00 .75
For making up and transmitting transcript and papers on appeal 2.00............................................................................ 1.50]
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the action........................................................... $7.00
(b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS...................................................... 5.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance, if the appearance or answer be oral.. 2.00
κ1969 Statutes of Nevada, Page 410 (CHAPTER 245, AB 372)κ
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For every additional defendant, appearing separately............................. $1.00
(d) No fee shall be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention........................................... 2.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court, after the issuance of four such writs.......................................................... 1.00
(g) For filing a notice of appeal, and appeal bonds................................. 1.00
One charge only shall be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court................................................................................................ 1.00
(i) For preparation and transmittal of transcript and papers on appeal 10.00
(j) For taking depositions in actions or other matters not pending before the court, per folio....................................................................................... .35
(k) For issuing a search warrant or commitment............... [$1.00] [.75] 1.00
(l) For celebrating a marriage and returning the certificate to the county recorder .............................................................................. [5.00] 5.00
[For issuing a writ of restitution............................................. 1.00 .75
For all services and proceedings in a criminal action, the same fees as are allowed in civil cases, but in no case shall there be a charge against the county exceeding in any one case the sum of........................... 10.00 5.00
For taking bail after commitment in criminal cases, to be collected from the defendant.................................................................................. 1.00 .75
For entering any cause without process.............................. 1.00 1.00]
(m) For entering judgment by confession, as in the district court [3.00] 3.00
[For each motion, exception, rule, order, default, dismissal, discontinuance or nonsuit, and for filing each paper required to be filed .25 .15]
2. The justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
κ1969 Statutes of Nevada, Page 411 (CHAPTER 245, AB 372)κ
Sec. 2. NRS 4.080 is hereby amended to read as follows:
4.080 No other fees shall be charged by justices of the peace than those specifically set forth in NRS 4.060, [and 4.070,] nor shall fees be charged for any other services than those mentioned in those sections.
Sec. 3. NRS 4.140 is hereby amended to read as follows:
4.140 All fees prescribed in NRS 4.060 [and 4.070] shall be payable in advance, if demanded. If a justice of the peace shall not have received any or all of his fees, which may be due him for services rendered by him in any suit or proceedings, he may have execution therefor in his own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.
Sec. 4. NRS 4.380 is hereby amended to read as follows:
4.380 1. A justice of the peace shall in the manner provided by law make and file a claim against the county to reimburse him for moneys expended for postage stamps and registry charges of the post office incurred in connection with the duties prescribed in chapter 73 of NRS and by rules of court for small claims actions. The claims shall be acted upon by the board of county commissioners in the same manner as other claims presented to the board.
2. The board of county commissioners of every county shall furnish to every justice of the peace in their county a reasonable supply of the various blank forms required in small claims actions, and also all forms, docket book and stationery necessary for the use of the justice in complying with the provisions of chapter 73 of NRS and the rules of court.
[3. In those townships where the compensation of the justice of the peace consists of fees allowed by law, the justice of the peace in cases brought under the provisions of chapter 73 of NRS may charge and collect the same fees which a justice of the peace may charge and collect, and no others.
4. In townships where the justice of the peace draws a flat salary, the board of county commissioners may make such allowance for such additional work, upon application of the justice of the peace, as may be deemed adequate for the services performed.]
Sec. 5. NRS 73.030 is hereby amended to read as follows:
73.030 1. [No fee or charge of any kind or nature shall be charged or collected by any officer for any service rendered under this chapter except as provided herein.
2.] The justice of the peace shall, however, forthwith ascertain and charge as costs against the losing party and in favor of the prevailing party, without the filing of a cost bill, the costs of the proceeding as in other cases arising in justices court, which sum when received by the justice of the peace shall be delivered to the county treasurer in the same manner as other fees are delivered by the justice of the peace.
[3.] 2. The prevailing party shall deposit the amount ascertained and assessed as costs with the justice of the peace before final judgment is [rendered] entered by the justice.
Sec. 6. NRS 4.070 is hereby repealed.
________
κ1969 Statutes of Nevada, Page 412κ
Assembly Bill No. 399Committee on Judiciary
CHAPTER 246
AN ACT relating to guardianships; establishing procedures for the appointment and removal of guardians; designating the duties and liabilities of guardians; and providing other matters properly relating thereto.
[Approved April 8, 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 the provisions set forth as sections 2 to 97, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Court means any court having jurisdiction of the persons and estates of minors and incompetent persons, or any judge thereof.
Sec. 4. Guardian means any person or corporation appointed under this chapter as guardian of the person, of the estate, or of the person and estate for any other person, and includes a bank under NRS 662.110 and joint appointees.
Sec. 5. Incompetent includes any person who, by reason of mental illness, mental deficiency, advanced age, disease, weakness of mind or any other cause, is unable, without assistance, properly to manage and take care of himself or his property.
Sec. 6. Institution includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of incompetents or minors.
Sec. 7. Minor means any person who has not arrived at the age of majority as provided by the laws of Nevada.
Sec. 8. Proposed ward means any person for whom proceedings for the appointment of a guardian have been initiated.
Sec. 9. Ward means any person for whom a guardian has been appointed.
Sec. 10. So far as possible, any proceeding or matter undertaken or commenced pursuant to any provision of law prior to July 1, 1969, shall be conducted and completed pursuant to this chapter.
Sec. 11. A guardian appointed under sections 2 to 97, inclusive, of this act, is a general guardian. A guardian appointed under any other provision of law is a special guardian.
Sec. 12. The provisions of this chapter do not apply to guardians ad litem.
Sec. 13. Any court having jurisdiction of the persons and estates of minors and incompetent persons may appoint:
1. Guardians of the person, of the estate or of the person and estate for resident incompetents or resident minors.
2. Guardians of the person or of the person and estate for incompetents or minors who, although not residents of this state, are physically present in this state and whose welfare requires such appointment.
3. Guardians of the estate for nonresident incompetents or nonresident minors who have property within this state.
κ1969 Statutes of Nevada, Page 413 (CHAPTER 246, AB 399)κ
Sec. 14. 1. The venue for the appointment of a guardian shall be:
(a) The county where the proposed ward resides; or
(b) If the proposed ward does not reside in this state, any county in which any property of the proposed ward is located, or any county in which the proposed ward is physically present.
2. If, under paragraph (b) of subsection 1, the venue may properly be in two or more counties, then the county in which the proceeding is first commenced shall be the proper county in which to continue the proceedings.
Sec. 15. 1. If proceedings for the appointment of a guardian for the same proposed ward are commenced in more than one county, they shall be stayed, except in the county where first commenced, until final determination of venue in that county. If the proper venue is finally determined to be in another county, the court shall cause a transcript of the proceedings and all original papers filed therein, all certified by the clerk of the court, to be sent to the clerk of the court of the proper county.
2. A proceeding is considered commenced by the filing of a petition.
3. The proceedings first legally commenced for the appointment of a guardian of the estate or of the person and estate extends to all the property of the proposed ward which is in this state.
Sec. 16. A court having before it any guardianship matter may transfer the matter to another country in the interest of the ward or, if not contrary to the interest of the ward, for the convenience of the guardian. A petition for the transfer, setting forth the reasons therefor, may be filed in the guardianship proceeding. If the court is satisfied that the transfer is in the interest of the ward or, if not contrary to the interest of the ward, for the convenience of the guardian, the court shall make an order of transfer and cause a transcript of the proceedings in the matter, all original papers filed in such proceedings and the original bond filed by the guardian, to be certified by the clerk of the court originally hearing the matter and sent to the clerk of the court of the other county. Upon receipt of the transcript, papers and bond, and the filing of them for record, the court of the other county has complete jurisdiction of the matter, and thereafter all proceedings shall be as though they were commenced in that court.
Sec. 17. All petitions filed in any guardianship proceeding shall bear the title of the court and cause. It is sufficient for the caption to read, IN THE MATTER OF THE GUARDIANSHIP OF ................................................................................................................. ,
(minor) (adult)
a(n) ...................................................................................... , WARD, without designating the ward as an incompetent.
Sec. 18. Any person may file with the clerk of the court a petition for the appointment of a guardian. The petition shall include the following information, if known by the petitioner:
1. The name, age, residence and post office address of the proposed ward.
2. Whether the proposed ward is an incompetent or minor, and whether he is a resident or nonresident of this state.
3. Whether the appointment of a guardian of the person, of the estate or of the person and estate is sought.
4. The name, residence and post office address of the proposed guardian, and a declaration that the proposed guardian is qualified to serve as guardian.
κ1969 Statutes of Nevada, Page 414 (CHAPTER 246, AB 399)κ
guardian, and a declaration that the proposed guardian is qualified to serve as guardian.
5. A general description and the probable value of the property of the proposed ward and any income to which he is entitled. If any moneys are paid or payable to the proposed ward by the United States through the Veterans Administration, the petition shall so state.
6. The name and address of any person or institution having the care, custody or control of a proposed ward who is an incompetent or minor.
7. The reasons why the appointment of a guardian is sought, the relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
Sec. 19. 1. Except as otherwise provided in sections 20 to 22, inclusive, of this act, the court, upon the filing of a petition under section 18 of this act, shall direct the clerk to issue a citation setting forth a time and place for the hearing and directing the persons or institutions referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.
2. A citation issued under subsection 1 shall be served:
(a) If the proposed ward is an incompetent, on any person or an officer of any institution having the care, custody or control of the incompetent, and on the incompetent.
(b) If the proposed ward is a minor, on any person or an officer of any institution having the care, custody or control of the minor, and if the minor is 14 years of age or older, on the minor.
Sec. 20. The court may, without citation, appoint a guardian for the proposed ward if:
1. The petitioner is a parent seeking appointment of a guardian for his or her minor child under 14 years of age who is in the lawful custody of the petitioner.
2. The proposed ward is a minor 14 years of age or older and the petition is accompanied by the written consent of the minor or the minor consents in open court.
3. The petitioner is a foreign guardian of a nonresident proposed ward, and the petition is accompanied by an authenticated copy of the record of his appointment and by evidence of existing authority of the foreign guardian.
Sec. 21. If the court determines that the welfare of the proposed ward requires the immediate appointment of a guardian, the court may, with such notice as the court may order or without notice, appoint a temporary guardian to serve until succeeded by another guardian, but in no event for a period of more than 6 months. The temporary guardian shall be subject to such terms and conditions as the court may prescribe in the order of appointment and, except as otherwise provided in the order and in this section, shall be subject to the provisions of this chapter.
Sec. 22. 1. The citation shall be served by the sheriff of the county where the person to be served is found, or by his deputy, or by any citizen of the United States over 21 years of age, not a party to or interested in the proceeding. Where the service of citation is made outside of the United States, after any order of publication, it may be served either by any citizen of the United States over 21 years of age or by any resident of the country, territory, colony or province who is over 21 years of age and not a party to or interested in the proceeding.
κ1969 Statutes of Nevada, Page 415 (CHAPTER 246, AB 399)κ
the country, territory, colony or province who is over 21 years of age and not a party to or interested in the proceeding.
2. If personal service of the citation is had within the state in which the proceeding is pending, it shall be served at least 20 days prior to the date set for the hearing.
3. If any person on whom the citation is to be served resides out of the state, has departed from the state, cannot, after due diligence, be found within the state or conceals himself to avoid the service of citation, and where it is proven, by affidavit, to the satisfaction of the court or judge, that a petition for appointment of a guardian has been filed and that the person to be served with a citation is one of the persons set forth in section 19 of this act, service of citation shall be made in the manner provided by NRCP 4(e). In all such cases, the citation shall be served upon such person at least 20 days prior to the date set for the hearing.
4. Service of citation is not necessary on a person or an officer of an institution who has signed the petition or a written waiver of service of citation or who makes a general appearance.
5. If the proposed ward is receiving moneys paid or payable by the United States through the Veterans Administration, a copy of the citation shall be mailed to any Veterans Administration office in this state.
Sec. 23. 1. If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed ward, the court shall make an order appointing a guardian. The order shall:
(a) Specify whether the guardian appointed is guardian of the person, of the estate, or of the person and estate;
(b) Specify whether the ward is an incompetent or minor;
(c) Specify whether the ward is a resident or nonresident of this state;
(d) Specify the amount of the bond to be executed and filed by the guardian; and
(e) Designate the names and addresses of the heirs at law and next of kin of the ward, so far as may be determined, upon whom notice shall be served.
2. Any notice required by the provisions of this chapter to be given the heirs at law and next of kin of the ward is sufficient if mailed to the persons listed in the order of appointment or in any amendment to such order which may be made by the court.
Sec. 24. 1. Where the appointment of a guardian is sought for two or more proposed wards who are children of a common parent, parent and child or husband and wife, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed ward or wards.
2. If a guardian is appointed for such wards, the guardian shall keep separate accounts of the estate of each ward, may make investments for each ward, may compromise and settle claims against one or more wards, and may sell, lease, mortgage or otherwise manage the property of one or more wards. The guardianship may be terminated with respect to less than all the wards in the same manner as provided by law with respect to a guardianship of a single ward.
Sec. 25. Any qualified person or entity that the court finds suitable may serve as a guardian.
κ1969 Statutes of Nevada, Page 416 (CHAPTER 246, AB 399)κ
may serve as a guardian. A person is not qualified to serve as a guardian who is:
1. An incompetent.
2. A minor.
3. A person who has been convicted of a felony.
4. A person suspended for misconduct or disbarred from the practice of law during the period of the suspension or disbarment.
5. A nonresident of this state who has not:
(a) Associated as a cofiduciary a banking corporation whose principal place of business is in this state; and
(b) Caused the appointment to be filed in the guardianship proceeding.
Sec. 26. The parents of a minor, or either parent, if qualified and suitable, shall be preferred over all others for appointment as guardian for the minor. Subject to this preference, the court shall appoint as guardian for an incompetent or minor the qualified person who is most suitable and is willing to serve. In determining who is most suitable, the court shall give consideration, among other factors, to:
1. Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.
2. Any request for the appointment as guardian for a minor child contained in a will or other written instrument executed by a parent of the minor child.
3. Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.
4. The relationship by blood or marriage of the proposed guardian to the proposed ward.
Sec. 27. If any person or qualified entity is nominated guardian by will, the court may, on the probate of the will, or at any time thereafter, appoint such guardian without any petition or notice.
Sec. 28. 1. Except as otherwise provided by law, every guardian shall, before entering upon his duties as guardian, execute and file in the guardianship proceeding a bond, with sufficient surety or sureties, in such amount as the court determines necessary for the protection of the ward and the estate of the ward, and conditioned upon the faithful discharge by the guardian of his authority and duties according to law. The bond shall be approved by the court. Sureties shall be jointly and severally liable with the guardian and with each other.
2. If a banking corporation, as defined in NRS 657.010, doing business in this state, is appointed guardian of the estate of a ward, no bond shall be required of such guardian, unless specifically required by the court.
3. Joint guardians may unite in a bond to the ward or wards, or each may give a separate bond.
4. If there are no assets of the ward, no bond shall be required of the guardian.
5. If a person is appointed in a will to be guardian and the will provides that no bond is to be required of such guardian, the court may direct letters of guardianship to issue to the person on his taking and subscribing the oath of office and filing his name and address in the proceeding.
κ1969 Statutes of Nevada, Page 417 (CHAPTER 246, AB 399)κ
Sec. 29. 1. The court may at any time, for good cause and after notice to the guardian, increase or decrease the amount of the bond required of a guardian.
2. The court may at any time, where the bond or the sureties are determined to be insufficient or for other good cause, require a guardian to execute and file a new or additional bond. The court may exonerate the sureties on a former bond from any liabilities thereunder arising from the acts or omissions of their principal after such exoneration.
Sec. 30. Every bond given by a guardian shall be filed and preserved in the office of the clerk of the district court of the county in which the guardianship proceeding is conducted. In case of the breach of any condition of such bond, an action may be maintained in behalf of the ward or wards jointly if all are interested, or of any person interested in the estate, and such bond shall not be void on the first recovery. If the action on the bond is in behalf of one ward on a bond given to more than one ward, the other wards mentioned in the bond need not be united in or made parties to such action.
Sec. 31. No action may be maintained against the sureties on any bond given by a guardian unless it is commenced within 3 years from the time the guardian is discharged, unless at the time of such discharge the person entitled to bring the action is under any legal disability to sue, in which case the action may be brought at any time within 3 years after the disability is removed.
Sec. 32. Every guardian shall, before entering upon his duties as guardian and before letters of guardianship may issue, take and subscribe the official oath and file in the guardianship proceeding his name, residence and post office address. Such oath, to be endorsed on the letters of guardianship, shall state that:
1. The guardian will well and faithfully perform the duties of guardian according to law;
2. All matters stated in any petition or paper filed with the court are true of his own knowledge, except as to matters stated on information and belief; and
3. As to matters stated on information and belief, he believes them to be true.
Sec. 33. When a guardian has taken the official oath and filed a bond as provided herein, the court shall cause to be issued letters of guardianship to the guardian. Letters of guardianship may be in the following form:
|
STATE OF NEVADA
COUNTY OF........................... |
} |
ss. |
|
TO ALL TO WHOM THESE PRESENTS COME, GREETING: |
|
KNOW YE, that on .............................., 19......., the .................... Court, .................... County, State of Nevada, |
|
(month) (day) |
|
appointed ...................................... guardian of the .................................................................for ................................, |
|
(name of guardian) (person or estate or person and estate) (name of ward) |
|
a(n) ................................, |
|
(minor or adult) |
κ1969 Statutes of Nevada, Page 418 (CHAPTER 246, AB 399)κ
that the named guardian has qualified and has the authority and shall perform the duties of the guardian of the ...................................................................
(person or estate or person and estate)
for the named ward as provided by law.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the court at my office on .............................................., 19......
(month) (day)
.......................................................
Clerk
(SEAL)
.......................................................
Deputy clerk
Sec. 34. A guardian of the person and estate has the authority and shall perform the duties as provided by law for a guardian of the person and a guardian of the estate.
Sec. 35. 1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the ward, and, has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the ward, including but not limited to the following:
(a) Supplying the ward with food, clothing, shelter and all incidental necessaries.
(b) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward.
(c) Seeing that the ward is properly trained and educated and that he has the opportunity to learn a trade, occupation or profession.
2. In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard shall be given to the extent of the estate of the ward. A guardian of the person is not required to incur expenses on behalf of the ward except to the extent that the estate of the ward is sufficient to reimburse the guardian. Nothing contained in this section shall be deemed to relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.
Sec. 36. 1. A guardian of the person shall make and file in the guardianship proceeding a written report on the condition of the ward and the exercise of authority and performance of duties by the guardian:
(a) Annually within 60 days after the anniversary date of his appointment; and
(b) At such other times as the court may order.
2. The guardian of the person shall give to the guardian of the estate, if any, a copy of each report within 30 days after such report has been filed with the court.
Sec. 37. A guardian of the estate shall:
1. Protect, preserve, manage and dispose of the estate of the ward according to law and for the best interests of the ward.
2. Apply the estate of the ward for the proper care, maintenance, education and support of the ward and any person to whom the ward owes a legal duty of support, having due regard for other income or property available to support the ward or any person to whom the ward owes a legal duty to support.
κ1969 Statutes of Nevada, Page 419 (CHAPTER 246, AB 399)κ
property available to support the ward or any person to whom the ward owes a legal duty to support.
3. Have such other authority and perform such other duties as are provided by law.
Sec. 38. 1. Within 60 days after the date of his appointment, or, if necessary, such further time as the court may allow, a guardian of the estate shall make and file in the guardianship proceeding a verified inventory of all the property of the ward which comes to his possession or knowledge.
2. Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, he shall make and file in the guardianship proceeding a verified supplemental inventory within 30 days after the property comes to his possession or knowledge or include the property in his next accounting. The court may order which of the two methods the guardian shall follow.
3. The court may order all or any part of the property of the ward appraised as provided in NRS 144.020, 144.030, 144.070 and 144.090.
Sec. 39. Within 60 days after the date of his appointment, a guardian of the estate shall cause to be recorded, in the official records of each county in which real property of the ward is situated other than the county in which the guardian is appointed, a copy, certified by the clerk of the court, of the order of appointment.
Sec. 40. A guardian of the estate shall take possession of all the property of substantial value of the ward, of rents, income, issues and profits from such property, whether accruing before or after the appointment of the guardian, and of the proceeds from the sale, mortgage, lease or other disposition of such property. The guardian may permit the ward to have possession and control of such personal property and funds as are appropriate to the needs and capacities of the ward. The title to all property of the ward is in the ward and not in the guardian.
Sec. 41. Upon the filing of a petition in the guardianship proceeding by the guardian, the ward or any other interested person, alleging that any person is indebted to the ward, has or is suspected of having concealed, embezzled, converted or disposed of any property of the ward or has possession or knowledge of any such property or of any writing relating to such property, the court may require such person to appear and answer under oath concerning the matter, and proceed as provided in NRS 143.110 and 143.120.
Sec. 42. A guardian of the estate shall demand, sue for and receive all debts and other choses in action due to the ward. A guardian of the estate, with prior approval of the court by order, may compound or compromise any such debt or other chose in action and give a release and discharge to the debtor or other obligor.
Sec. 43. A guardian of the estate shall appear for and represent the ward in all actions, suits or proceedings to which the ward is a party, unless a guardian ad litem is appointed in the action, suit or proceeding. If the person of the ward would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the ward in such action, suit or proceeding.
Sec. 44. Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a ward made by the ward are voidable by the guardian of the estate if such contract or transaction was made at any time by the ward while an incompetent or a minor.
κ1969 Statutes of Nevada, Page 420 (CHAPTER 246, AB 399)κ
made by the ward are voidable by the guardian of the estate if such contract or transaction was made at any time by the ward while an incompetent or a minor.
Sec. 45. A guardian of the estate shall not be personally liable on any written or oral contract entered into for or on behalf of the ward where the guardian is acting within his authority as such guardian. Any action, suit or proceeding on any such contract shall be brought against the guardian in his fiduciary capacity only, and any judgment or decree obtained in such action, suit or proceeding shall be satisfied only from property of the ward.
Sec. 46. 1. A guardian of the estate may exercise the wards rights which accrue pursuant to the wards ownership of common or preferred stock, including, but not limited to, the right to:
(a) Vote for officers or directors;
(b) Approve or disapprove mergers or consolidations;
(c) Exercise stock options;
(d) Appoint proxies;
(e) Consent to dissolutions; and
(f) Exercise all rights which the ward might exercise, if legally qualified, regarding the management of the corporation. If the stock owned by the ward in a corporation exceeds 20 percent of the total issued and outstanding stock having voting rights, the guardian must have prior approval of the court to consent to any merger, consolidation or dissolution of the corporation or the sale or encumbrance of its assets where the consent of the stockholders is required by law.
2. Whenever the estate of a ward includes corporate stock, the guardian may hold it in the name of a nominee without mention of the guardianship in the stock certificate or stock registration books, if:
(a) The guardians records and all reports or accounts rendered by the guardian clearly show the ownership of the stock by the wards estate and the facts regarding its holding; and
(b) The nominee deposits with the guardian a signed statement showing ownership of such stock by the wards estate, endorses the stock certificate in blank and does not have possession of the stock certificate or access to such certificate except under the immediate supervision of the guardian.
3. The guardian shall be personally liable for any loss to the wards estate resulting from any act of such nominee in connection with stock held pursuant to subsection 2.
Sec. 47. A guardian of the estate shall pay from the guardianship estate pursuant to sections 48 to 50, inclusive, of this act, all just claims against the ward, the estate or the guardian as such, whether accruing before or after the appointment of the guardian and whether arising in contract, in tort or otherwise.
Sec. 48. A guardian of the estate may pay from the guardianship estate his own claims against the ward or the estate and claims accruing after the appointment of the guardian arising from contracts entered into by the guardian on behalf of the ward, without complying with sections 48 to 50, inclusive, of this act, but such claims and the payment thereof shall be reported by the guardian in his account made and filed in the guardianship proceeding following each such payment.
κ1969 Statutes of Nevada, Page 421 (CHAPTER 246, AB 399)κ
Sec. 49. Except as provided in section 48 of this act, all claims against the ward, the guardianship estate or the guardian of the estate as such shall be presented to the guardian of the estate. Each such claim shall be in writing, shall describe the nature and the amount of the claim, if ascertainable, and shall be accompanied by the affidavit of the claimant, or someone on his behalf, who has personal knowledge of the fact. The affidavit shall state that within the knowledge of the affiant the amount claimed is justly due, no payments have been made thereon which are not credited and there is no counterclaim thereto, except as stated in the affidavit. If such claim is founded on a written instrument, the original or a copy thereof with all endorsements shall be attached to the claim. The original instrument shall be exhibited to the guardian or the court, upon demand, unless it is lost or destroyed, in which case the fact of its loss or destruction shall be stated in the claim.
Sec. 50. 1. A guardian of the estate shall examine each claim presented to him. If the guardian is satisfied that the claim is just, he shall:
(a) Endorse upon it the words examined and allowed and the date;
(b) Officially subscribe such notation; and
(c) Pay the claim from the guardianship estate.
2. If the guardian is not satisfied that the claim is just, he shall:
(a) Indorse upon it the words examined and rejected and the date;
(b) Officially subscribe such notation; and
(c) Within 60 days after the date the claim was presented to the guardian, notify the claimant by personal service or by mailing a notice by registered or certified mail that the claim was rejected.
Sec. 51. 1. If, within 60 days after the date the claim was presented to the guardian, a rejected claim is returned to the claimant or the guardian of the estate fails to approve or reject and return a claim, the claimant, before the claim is barred by the statute of limitations, may:
(a) File the claim or a like claim in the guardianship proceeding for summary determination by the court; or
(b) Commence an action or suit on the claim. Such action or suit shall be brought against the guardian in his fiduciary capacity and any judgment or decree obtained shall be satisfied only from property of the ward.
2. If a claimant files a claim or a like claim in the guardianship proceeding for summary determination, the claimant shall serve notice of such filing on the guardian. Within 20 days after such service the guardian may serve notice of objection to summary determination on the claimant and file a copy of such notice in the guardianship proceeding. If the guardian serves such notice and files such copy, summary determination shall not be had. If the guardian fails to serve such notice and file such copy, the court, after notice to the claimant and guardian, shall hear the matter, determine the claim or like claim in a summary manner and make an order allowing or rejecting the claim, either in whole or in part. No appeal may be taken from such order.
3. If the guardian rejects summary determination of the claim, the claimant may then commence an action or suit on the claim as provided in subsection 1.
Sec. 52. 1. At any time after his appointment, the guardian of the estate may petition the court for an order authorizing the guardian to:
κ1969 Statutes of Nevada, Page 422 (CHAPTER 246, AB 399)κ
(a) Invest the property of the ward.
(b) Continue the business of the ward.
(c) Borrow money for the ward.
(d) Complete contracts of the ward.
(e) Make gifts from the wards estate or make expenditures for the wards relatives.
(f) Sell, lease or surrender any property of the ward.
(g) Exchange or partition the wards property.
(h) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the wards property.
2. Any such petition shall be signed by the guardian and contain:
(a) The name, age, residence and address of the ward.
(b) A concise statement as to the condition of the wards estate.
(c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.
(d) The terms and conditions of any proposed sale, lease, partition, exchange or investment, and a specific description of any property involved.
3. All or any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do any one or more of such acts.
4. A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for appointment of the guardian, and if the guardian is appointed the court may enter additional orders authorizing the guardian to continue the business of the ward or to complete contracts of the ward.
Sec. 53. 1. Upon the filing of any petition under section 52 of this act, or any account, the clerk of the court shall give notice of the filing of the petition or account by causing a notice to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of hearing. The notice shall:
(a) Give the name of the ward.
(b) Give the name of the petitioner.
(c) Give the date, time and place of the hearing.
(d) State the nature of the petition.
(e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the order should not be made.
2. At least 10 days prior to the day of the hearing, the petitioner shall cause a copy of the notice to be mailed to the following:
(a) Any minor ward over the age of 14 years.
(b) The heirs at law and next of kin, so far as known to the petitioner, of the ward.
(c) The guardian of the person of the ward, if he is not the petitioner.
(d) Any person or institution having the care, custody or control of the ward.
(e) Any Veterans Administration office in this state if the ward is receiving any payments or benefits through the Veterans Administration.
(f) Any other interested person or his attorney who has filed a request for notice in the guardianship proceeding and served a copy of such request upon the guardian. Any such request for notice shall state the interest of the person filing such requests, and his name and address, or that of his attorney.
κ1969 Statutes of Nevada, Page 423 (CHAPTER 246, AB 399)κ
interest of the person filing such requests, and his name and address, or that of his attorney. If the notice so requests, copies of all petitions and accounts shall likewise be mailed to such person or his attorney.
Sec. 54. 1. Upon approval of the court by order, a guardian of the estate may invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.
2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:
(a) Savings accounts in any bank or savings and loan association in this state, to the extent that such deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
(b) Interest bearing obligations of or fully guaranteed by the United States.
(c) Interest bearing general obligations of this state.
(d) Interest bearing general obligations of any county, city or school district of this state.
3. A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.
Sec. 55. A guardian of the estate, with prior approval of the court by order, may continue any business of the ward. The order may provide for any one or more of the following:
1. The conduct or reorganization of the business solely by the guardian, jointly by the guardian with one or more of the wards partners or joint venturers or as a corporation of which the ward is or becomes a shareholder.
2. The extent to which the guardian may incur liability of the estate of the ward for obligations arising from the continuation of the business.
3. Whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate of the ward allocated for use in the business or to the estate as a whole.
4. The period of time during which the business may be conducted.
5. Such other conditions, restrictions, regulations and requirements as the court considers proper.
Sec. 56. 1. A guardian of the estate, with prior approval of the court by order, may borrow money for the account of the ward when necessary:
(a) To continue any business of the ward.
(b) The pay claims against the ward, the guardianship estate or the guardian of the estate as such.
(c) To provide for the proper care, maintenance, education and support of the ward and any person to whom the ward owes a legal duty of support.
(d) For any other purpose that is in the best interests of the ward.
2. If the court determines that the borrowing is necessary or proper, the court shall make an order approving the borrowing and may authorize one or more separate loans. The order shall prescribe the maximum amount of each loan, the maximum rate of interest and the date of final maturity of each loan, and may authorize the guardian to secure any loan by mortgage, deed of trust, pledge or other security transaction authorized by the laws of this state.
κ1969 Statutes of Nevada, Page 424 (CHAPTER 246, AB 399)κ
by mortgage, deed of trust, pledge or other security transaction authorized by the laws of this state. The order shall describe the property, if any, to be given as security for each loan.
Sec. 57. If a ward for whom a guardian of the estate is appointed was, at the time of the appointment, a party to a contract which has not been fully performed, and which was made by the ward while not under any legal disability, the guardian of the estate, with prior approval of the court by order, may complete the performance of such contract. If such contract requires the conveyance of any real or personal property, or any interest in such property, the court may authorize the guardian to convey the interest and estate of the ward in the property, and the effect of such conveyance shall be the same as though made by the ward while not under legal disability.
Sec. 58. A guardian of the estate, with prior approval of the court by order, may, from the estate of the ward which is not necessary for the proper care, maintenance, education and support of the ward and of persons to whom the ward owes a legal duty of support:
1. Make reasonable gifts to charitable or religious institutions on behalf of the ward, consistent with the wards standard of living.
2. Provide for or contribute to the care, maintenance, education or support of persons who are or have been related to the ward by blood or marriage.
3. Pay or contribute to the payment of reasonable expenses of remedial care and treatment for and the funeral and burial of persons who are or have been related to the ward by blood or marriage.
Sec. 59. A guardian of the estate, with prior approval of the court by order, may sell or lease any of the property of the ward:
1. For the purpose of paying claims against the ward, the guardianship estate or the guardian of the estate as such.
2. For the purpose of providing for the proper care, maintenance, education and support of the ward and any person to whom the ward owes a legal duty of support.
3. For the purpose of investing the proceeds.
4. To obtain income through rentals or royalties.
5. For any other purpose that is in the best interests of the ward.
Sec. 60. In entering any order authorizing sale of the wards property, or any interest in such property, the court may:
1. Authorize the guardian to enter into a written contract with one or more licensed real estate brokers to secure a purchaser for any real or personal property of the ward. Such contract may provide for the payment to the agent of a commission, not exceeding 5 percent, out of the proceeds of any sale to a purchaser secured by such broker. The commission shall be payable only when the sale is confirmed by the court, if such confirmation is required, and the consideration paid or delivered to the guardian. No personal liability shall attach to the guardian upon execution of such contract.
2. Order the property to be appraised or reappraised either by the appraisers originally appointed by the court or by additional appraisers to be appointed. If the property to be sold is real property, or an interest in real property, and more than 1 year has elapsed since the last appraisal, the court shall order a new appraisal.
κ1969 Statutes of Nevada, Page 425 (CHAPTER 246, AB 399)κ
3. Authorize the sale to be made for cash or on credit. If the sale is to be made on credit, the order shall set forth the minimum terms as to the amount of the down payment, the interest rate on the deferred balance, the security to be given, the minimum period of time within which the deferred balance shall be paid, and whether the property should be sold by title retaining contract of sale or whether title shall rest in the purchaser to be secured by mortgage, deed of trust, pledge or other security agreement. The guardian shall not be authorized to offer the property for sale, or accept bids, on terms less favorable than authorized in the order.
4. Authorize the sale to be made subject to any mortgage, deed of trust or other lien which is a valid encumbrance against the property, or direct that the proceeds of the sale be applied to the payment and satisfaction of the mortgage, deed of trust or other lien, after paying the necessary expenses of the sale, including any Federal Housing Administration or other government agency costs of seller in connection with the satisfaction of such prior encumbrance.
5. Authorize the guardian to incur reasonable expenses, not exceeding an amount to be fixed by the court, to secure a title opinion, a title insurance policy or to advertise the property for sale.
6. Authorize the sale of stocks or bonds on an established stock or bond exchange without any further notice, to fix the terms and conditions of the sale, authorize the payment of customary brokerage fees and commissions and dispense with the appraisal of stocks and bonds which have a market value established on a major stock or bond exchange or over-the-counter transaction list.
7. Direct that the property to be sold be offered for sale in separate lots or parcels or in one offering. Personal property and real property may be offered for sale in one parcel if it appears to the court that such method of offering is likely to bring the highest price.
8. Direct that the sale be made at public auction or by private sale.
9. Dispense with the necessity of confirmation of the sale by the court if the property to be sold is personal property with an established market value or if the appraised value is less than $5,000.
Sec. 61. In case of sale, pursuant to subsection 1 of section 60 of this act, on an increased bid made at the time of confirmation to a purchaser not procured by the licensed real estate broker holding the contract, and if the successful purchaser was procured by a licensed real estate broker holding a contract with the guardian, the court shall allow a commission on the full amount for which the sale is confirmed, with one-half of the commission on the original bid to be paid to the broker who procured the purchaser whose bid was returned to the court for confirmation and the balance of the commission to be paid to the broker who procured the purchaser to whom the sale is confirmed. If there is no qualified second broker, one-half of the commission on the original bid shall be paid to the broker who procured the purchaser whose bid was returned to the court for confirmation.
Sec. 62. 1. Any interest of the ward in real or personal property, including interests in contracts and choses in action, may be sold in the manner provided in this chapter.
κ1969 Statutes of Nevada, Page 426 (CHAPTER 246, AB 399)κ
2. A wards interest in a partnership may be sold as personal property, and the wards partner or partners may be purchasers at the sale.
Sec. 63. Perishable property and other personal property which will depreciate in value if not disposed of promptly or which will incur loss or undue expense by being kept may be sold without notice and prior court approval, and title shall pass without confirmation. The guardian is responsible for the actual value of the property unless, after making return and on a proper showing, the court approves the sale.
Sec. 64. The guardian shall give notice of the sale, pursuant to section 65 of this act, except in cases of perishable or depreciating personal property.
Sec. 65. 1. Notice of sale shall be given by posting a copy of the notice at the front entrance of the courthouse and by publication of a copy of the notice in a newspaper published in the county in which the property is located, or if no newspaper is published in such county, then in a newspaper of general circulation in such county, designated by the court.
2. If the property to be sold is personal property, 10 days prior notice of the sale must be given by posting and publication, and the notice must be published twice during such 10-day period, the second publication being at least 1 week after the first publication.
3. If the property to be sold is real property, or real and personal property being sold together, at least 15 days prior notice of the sale must be given by posting and publication, and the notice must be published three times, 1 week apart, before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.
4. When it appears from the inventory and appraisement that the value of the property to be sold does not exceed $1,000, the guardian may, in his discretion, dispense with the publication, and in lieu thereof post a notice of the sale in three public places in the city, town or township where the sale is to take place for the period of time required by subsection 2 or 3, depending upon the nature of the property to be sold.
5. The notice of the sale must describe the property to be sold with certainty and:
(a) State the time, place, terms and conditions of sale; or
(b) In cases of private sale the day on or after which the sale is to be made and the manner of making bids or offers.
Sec. 66. 1. Sales of personal property at public auction may be made at the courthouse door or at any other place open to the public within the county. The personal property shall be present at the place of sale. If personal property and real property are to be sold together or if the personal property is not capable of manual delivery, the court may authorize the sale of the personal property without its being present at the time of sale.
2. Sales of real property at public auction shall be made at the courthouse of the county in which the property, or some part thereof, is located. If the real property consists of a single parcel, or two or more contiguous parcels included in one sale, situated in two or more counties, notice of the sale must be posted and published in each county in which the property is located, but the sale may be conducted in one county. The court may authorize the sale of separate lots, pieces or parcels of land as one parcel where they constitute a part of a single economic unit or enterprise.
κ1969 Statutes of Nevada, Page 427 (CHAPTER 246, AB 399)κ
one parcel where they constitute a part of a single economic unit or enterprise.
3. All sales at public auction shall be made within the hours of 9 a.m. and 5 p.m. on the day named in the notice of sale and must be completed on the same day, unless the sale is postponed. If the sale is postponed, notice of sale must be given again.
4. In the case of a private sale, bids or offers must be in writing, and may be left at the place designated in the notice, delivered to the guardian personally or filed with the clerk of the court where the proceedings are pending within the time specified in the notice.
Sec. 67. The authority of a guardian to make a sale, except as provided in section 63 of this act, shall expire 6 months after entry of the order authorizing the sale, unless the court by order extends the time in which the sale may be made. An order extending the time may be granted ex parte, upon the filing of a petition by the guardian showing that the sale is still necessary or for the best interests of the ward. The court may order a new appraisal of the property or add such other provisions of conditions as it may deem appropriate.
Sec. 68. 1. If confirmation of the sale is not required by the order of the court authorizing the sale as provided in section 60 of this act, or the sale is made pursuant to section 63 of this act, the sale shall be final and the guardian, upon receiving the consideration for the sale, shall execute and deliver a bill of sale, deed or other conveyance to the purchaser.
2. In all other cases, the guardian, within 10 days after making the sale, shall file with the clerk of the court a return of his proceedings concerning the sale and a petition to confirm the sale.
3. The clerk of the court shall set the petition for hearing and give notice thereof in the manner required by section 53 of this act.
4. Any interested person may appear at the hearing and object to the sale, or file written objections to the sale at any time before the hearing. If written objections are filed, a copy shall be served on the guardian.
Sec. 69. Upon the hearing of the petition to confirm the sale and the objections to the sale, if any are made or filed, the court shall make an order confirming the sale, unless the court determines that:
1. There was substantial irregularity in the sale;
2. The sum bid for the property is unreasonably less than the value of the property; or
3. By reason of another bid, made in writing and filed with the clerk of the court prior to the hearing, which conforms with the terms and conditions of the sale as set forth in the order authorizing the sale and notice thereof, a net price may be obtained for the property which exceeds by at least 10 percent the net price to be obtained from the sale returned.
Sec. 70. If the court refuses to confirm the sale, upon finding that one or more of the conditions set forth in section 69 of this act exists:
1. The court shall enter an order vacating the sale and direct that the property be resold if there was substantial irregularity in the sale or if the sum bid for the property is unreasonably less than the value of the property.
2. If the court determines that, by reason of another bid, a net price can be obtained for the property which exceeds by at least 10 percent the net price to be obtained from the sale returned, the court may accept such offer and confirm the sale to such person, order a new sale or conduct a public auction in open court.
κ1969 Statutes of Nevada, Page 428 (CHAPTER 246, AB 399)κ
can be obtained for the property which exceeds by at least 10 percent the net price to be obtained from the sale returned, the court may accept such offer and confirm the sale to such person, order a new sale or conduct a public auction in open court.
Sec. 71. 1. Upon confirmation of the sale, after receiving from the purchaser the consideration offered for the property, the guardian shall execute and deliver a bill of sale, deed or other conveyance to the purchaser. If the property consists of real property, or any interest therein, the guardian shall record a certified copy of the order confirming the sale in the office of the county recorder of the county where the land or any portion thereof lies.
2. The effect of the transfer or conveyance made by the guardian shall be the same as though made by the ward while not under legal disability.
Sec. 72. If, after the confirmation of the sale, the purchaser neglects or refuses to comply with the terms of the sale, the court, on motion of the guardian and after notice to the purchaser, may vacate the order of confirmation and order a resale of the property. If the amount realized on such resale does not cover the bid and the expenses of the previous sale, the defaulting purchaser is liable to the estate for the deficiency. This remedy is not exclusive, and the guardian may elect to pursue any other available remedy.
Sec. 73. The periods of limitations prescribed in NRS 11.270 shall apply to all actions for the recovery of any property sold by a guardian in accordance with the provisions of this chapter, and to all actions to set aside such a sale.
Sec. 74. A guardian of the estate may lease any real property of the ward or any interest in real property:
1. Without securing prior court approval, where the tenancy is from month to month or for a term not to exceed 1 year and the reasonable fixed rental for the property or the wards proportionate interest in such rental does not exceed $250 per month.
2. With prior approval of the court by order, for such period of time as may be authorized by the court, not exceeding any time limitation prescribed by law, and upon such terms and conditions as the court may approve. Such lease may extend beyond the period of minority of a minor ward.
Sec. 75. The court may authorize the guardian to enter into a written contract with one or more licensed real estate brokers to secure a lessee of the wards property, which contract may provide for the payment of a commission, not exceeding 5 percent of the fixed rental for the first 2 years, to be paid out of the proceeds of any such lease.
Sec. 76. 1. Petitions to secure court approval of any lease shall describe the property to be leased with reasonable certainty and set forth the proposed fixed rental, the duration of the lease and a brief description of the duties of the proposed lessor and lessee.
2. Upon the hearing of such petition, if the court is satisfied that such lease is for the best interests of the ward and his estate, it shall enter an order authorizing the guardian to enter into such lease.
Sec. 77. A guardian of the estate, with prior approval of the court by order, may enter into agreements providing for the rental or bailment of the wards personal property.
κ1969 Statutes of Nevada, Page 429 (CHAPTER 246, AB 399)κ
order, may enter into agreements providing for the rental or bailment of the wards personal property. All proceedings to obtain such a court order shall be the same as required for the lease of real property.
Sec. 78. 1. If the property to be leased consists of mining claims, an interest in such claims, property worked as a mine or lands containing oil, gas, steam, gravel or any minerals, the court may authorize the guardian to enter into a lease which provides for payment by the lessee of a royalty, in money or in kind, in lieu of a fixed rental. The court may also authorize the guardian to enter into a lease which provides for a pooling agreement or authorizes the lessee to enter into pooling or other cooperative agreements with lessees, operators or owners of other lands and minerals for the purpose of bringing about the cooperative development and operation of any mine, oil field or other unit of which the wards property is a part.
2. If the proposed lease contains an option to purchase, and the property to be sold under the option consists of mining claims, property worked as a mine, or interests in oil, gas, steam, gravel or any mineral, which has a speculative or undefined market value, the court may authorize the guardian to enter into such a lease and sales agreement or give an option to purchase without requiring the property to be sold at public auction or by private sale in the manner required by this chapter for sales of other real property.
3. If the petition filed pursuant to this section requests authority to enter into a lease with an option to purchase, in addition to the notice required by section 53 of this act, the guardian shall publish a copy of the notice at least twice, the first publication to be at least 10 days prior to the date set for the hearing and the second publication to be not earlier than 1 week after the first publication. Such notice shall be published in a newspaper published in the county where the property is situated, or if no newspaper is published in such county, then in a newspaper of general circulation in such county, designated by the court.
Sec. 79. 1. A guardian of the estate, with prior approval of the court, may accept an offer for the purchase of the interest or estate of the ward, in real or personal property or both real and personal property, where it appears from the petition and the court determines that:
(a) The interest or estate of the ward in such property is an interest in a partnership, joint venture or closely held corporation, in which the offeror or offerors own the remaining interests in the partnership, joint venture or closely held corporation, or are offering to purchase such remaining interests.
(b) The interest or estate of the ward in such property is an undivided interest in property in which the offeror or offerors own the remaining interests in such property or are offering to purchase such remaining interests.
(c) The interest or estate of the ward to be sold or granted is an easement in or creates a servitude upon the wards property.
2. A guardian of the estate, with prior approval of the court, may accept an offer to surrender the interest or estate of the ward in real or personal property or both real and personal property, where it appears from the petition and the court determines that:
κ1969 Statutes of Nevada, Page 430 (CHAPTER 246, AB 399)κ
(a) The interest or estate of the ward is contingent or dubious.
(b) The interest or estate of the ward in such property is a servitude upon the property of another.
Sec. 80. 1. A guardian of the estate may petition the court for advice and instructions in any matter concerning:
(a) The administration of the wards estate;
(b) The priority of paying claims;
(c) The propriety of making any proposed disbursement of funds;
(d) Elections for or on behalf of the ward to take under the will of a deceased spouse;
(e) Exercising for or on behalf of the ward any options or other rights under any policy of insurance, except the right to change beneficiaries of any policy of life insurance, which shall not be allowed;
(f) The propriety of exercising any right exercisable by owners of property; and
(g) Matters of a similar nature.
2. Any act done by a guardian of the estate after securing court approval or instructions with reference to the matters set forth in subsection 1 shall be binding upon the ward or those claiming through the ward, and the guardian shall not be personally liable for performing any such act.
3. If any other party may be adversely affected by the proposed act of the guardian, the court shall direct the issuance of a citation to such party, to be served upon such person at least 20 days prior to the hearing on the petition. Such citation shall be served in the same manner that summons is served in a civil action and shall direct such party to appear and show cause why the proposed act of the guardian should not be authorized or approved. All parties so served shall be bound by the order of the court, and such order shall be final and conclusive, subject to any right of appeal.
Sec. 81. 1. A guardian of the estate shall record a certified copy of any court order authorizing the sale, mortgage, lease, surrender or conveyance of real property in the office of the county recorder of the county in which any portion of the land is located.
2. To carry out effectively any transaction affecting the wards property as authorized by this chapter, the court may authorize the guardian to execute any promissory note, mortgage, deed of trust, deed, lease, security agreement or other legal document or instrument which is reasonably necessary to carry out such transaction.
Sec. 82. In case of the sale or other transfer by a guardian of the estate of any real or personal property specifically devised or bequeathed by the ward who was competent to make a will at the time he executed the will but was not competent to make a will at the time of the sale or transfer and never executed a valid later will after removal of the legal disability, the devisee or legatee may at his option take the proceeds of such sale or other transfer with the incidents of a specific device or bequest.
Sec. 83. 1. A guardian of the estate, with prior approval of the court by order, where it appears from the petition and the court determines that the best interests of the ward are served by such action, may:
(a) Accept an offer to exchange all or any interest of the ward in real or personal property or both real and personal property for real or personal property or both real and personal property of another, and pay or receive any cash or other consideration to equalize the values on such exchange; or
κ1969 Statutes of Nevada, Page 431 (CHAPTER 246, AB 399)κ
or personal property or both real and personal property for real or personal property or both real and personal property of another, and pay or receive any cash or other consideration to equalize the values on such exchange; or
(b) Effect a voluntary partition of real or personal property or both real and personal property in which the ward owns an undivided interest.
2. Upon hearing the petition, the court shall inquire into the value of the property to be exchanged or partitioned, the rental or income therefrom, and the use for which the property is best suited.
Sec. 84. A guardian of the estate shall make and file a verified account in the guardianship proceeding:
1. Annually within 60 days after the anniversary date of his appointment, unless the court otherwise orders.
2. Upon filing his petition to resign and before his resignation is accepted by the court.
3. Within 30 days after the date of his removal.
4. Within 90 days after the date of termination of the guardianship.
5. At such other times as the court may order.
Sec. 85. 1. Each account made and filed by a guardian of the estate shall include the following information:
(a) The period of time covered by the account.
(b) All cash receipts and disbursements during the period covered by the account.
(c) All claims filed and the action taken thereon.
(d) Any changes in the wards property due to sales, exchanges, investments, acquisitions, gifts, mortgages or other transactions which have increased, decreased or altered the wards property holdings as reported in the original inventory or the preceding account.
(e) Such other information as the guardian considers necessary to show the condition of the affairs of the ward.
2. If the account is for the estates of two or more wards it shall show the interest of each ward in the receipts, disbursements and property.
3. Receipts or vouchers for all expenditures shall be filed with the account or produced at the hearing, unless excused by law or by the court. The court may dispense with the necessity of filing receipts or vouchers under the same circumstances provided for in NRS 150.150.
Sec. 86. 1. Any person interested in the guardianship may appear at the hearing and object to the account or file written objections thereto prior to the hearing. If there are no objections or if the court overrules such objections the court may enter an order allowing and confirming the account.
2. The order settling and allowing the account, when it becomes final, is conclusive against all persons interested in the guardianship proceeding.
Sec. 87. A guardian shall be allowed reasonable compensation for his services as guardian and the necessary and reasonable expenses incurred in exercising his authority and performing his duties. The guardian shall be allowed reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services. Reasonable compensation and services will be based upon similar services performed for persons who are not under a legal disability.
κ1969 Statutes of Nevada, Page 432 (CHAPTER 246, AB 399)κ
Sec. 88. 1. The court may remove a guardian if the court determines that:
(a) The guardian has become disqualified, mentally incompetent, unsuitable or otherwise incapable of exercising his authority and performing his duties as provided by law;
(b) The guardian of the estate has mismanaged the estate of the ward;
(c) The guardian has failed to perform any duty as provided by law or by any lawful order of the court; or
(d) The best interest of the ward will be served by the appointment of another person as guardian.
2. Upon its own motion or upon a petition filed by a ward who is a minor 14 years of age or older, by any person for a ward who is an incompetent or a minor under 14 years of age, or by any other interested person, the court may make an order directing the issuance of a citation requiring the guardian to appear and show cause why he should not be removed. The citation shall require the guardian to appear and show cause within the applicable period of time required for appearance after service of summons, and shall be served and returned as summons is served and returned in a civil action.
Sec. 89. When a guardian dies, is removed by order of the court or his resignation is accepted by the court, the court, upon its own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.
Sec. 90. Where, at the time of the appointment of the guardian or thereafter, the estate of a ward consists of personal property having a value not exceeding by more than $1,000 the aggregate amount of unpaid expenses of administration of the guardianship estate and claims against the estate, the guardian of the estate, with prior approval of the court by order, may pay such expenses and claims from the estate and deliver all the remaining personal property to such person as the court may designate in the order, to be held, invested or used as ordered by the court. The recipient of the property so delivered shall give a receipt therefor to the guardian. The receipt is a release and acquittance to the guardian as to the property so delivered. The guardian shall file in the guardianship proceeding proper receipts or other evidence satisfactory to the court showing such delivery, and the guardian shall be released from his trust and his bond exonerated.
Sec. 91. A guardianship is terminated:
1. If for a minor, when the minor reaches the age of majority according to the law of such minors domicile;
2. By the death of the ward; or
3. Upon order of the court, if the court determines that the guardianship no longer is necessary. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate or the person and estate.
Sec. 92. The guardian of the estate is entitled to possession of the wards property and authorized to perform his duties as guardian for a period not exceeding 90 days after the termination of the guardianship or until the appointment of an executor or administrator of the estate of a deceased ward, to wind up the guardianship affairs.
κ1969 Statutes of Nevada, Page 433 (CHAPTER 246, AB 399)κ
a deceased ward, to wind up the guardianship affairs. During such time the guardian shall:
1. Pay all expenses of administration of the guardianship estate, including those incurred in winding up the affairs of the guardianship.
2. Complete the performance of any contractual obligations incurred by him as guardian.
3. If the guardianship is terminated for a reason other than the death of the ward, examine and allow and pay, or reject, all claims presented to him prior to the termination of the guardianship for obligations incurred prior to such termination.
Sec. 93. 1. If the guardianship is terminated by reason of the death of the ward, any claims which are presented to the guardian, or which have been presented to the guardian but have not been paid, except those incurred in paying the expenses of administration of the guardianship estate and in winding up its affairs, shall be reported by the guardian to the executor or administrator. Claims which have been allowed by the guardian, but not paid, shall be paid by the executor or administrator in the course of probate in the priority provided by law for payment of claims against a decedent, and shall have the same effect and priority as a judgment against a decedent. Claims which have been presented and not allowed or rejected shall be acted upon by the executor or administrator in the same manner as other claims against a decedent.
2. The executor or administrator shall be substituted as the party in interest for the guardian in any action commenced or which may be commenced by the creditor pursuant to section 49 of this act, including summary determination, on any claim rejected by the guardian.
Sec. 94. 1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the wards property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.
2. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased wards property in the same manner as authorized by NRS 146.070 or 146.080, if the value of the property remaining in the hands of the guardian does not exceed the sum of $1,000 or $5,000, as the case may be.
Sec. 95. Upon filing of receipts and vouchers showing compliance with the orders of the court in winding up the affairs of the guardianship, the court shall enter an order discharging the guardian and exonerating his bond.
Sec. 96. If at any time during the course of the guardianship proceedings it appears to the court that after payment of all claims and expenses of the guardianship, the value of the wards property does not exceed $3,000, the court may:
1. Authorize the guardian of the estate to convert such property to cash or marketable stocks and bonds and sell any of such property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit such cash in savings accounts or invest such cash as provided in section 54 of this act, and hold the investment and all interest, issues, dividends and profits for the benefit of the ward.
κ1969 Statutes of Nevada, Page 434 (CHAPTER 246, AB 399)κ
profits for the benefit of the ward. The court may dispense with annual accountings and all other proceedings required by this chapter if such investment fund is held intact to be distributed to the ward upon removal of his legal disability.
2. If the ward is a minor, terminate the guardianship of the estate and direct the guardian to deliver the wards property to the father or mother of such minor to hold, invest or use as the court may order.
Sec. 97. 1. Where a guardian of the estate for a nonresident has not been appointed in this state, but the nonresident has a foreign guardian and a person within this state is indebted to such nonresident or such nonresident has property within this state that is capable of being removed and which is on deposit with or in the possession of a resident of this state, and such property is not subject to a mortgage, pledge, lien or other encumbrance restricting removal of the property from this state, the person in possession of the property may deliver such property or the person indebted may pay such debt, to the foreign guardian. The delivery of such property or the payment of such debt is, to the extent of such delivery or payment, a release and discharge with respect to such property or debt.
2. The court may require such foreign guardian to post a bond in the same manner as required of a resident guardian and may enter such orders as are necessary to protect secured creditors of the ward and unsecured creditors of the ward who are residents of this state.
Sec. 98. Section 1 of chapter 136, Statutes of Nevada 1969, entitled 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 19, 1969, is hereby amended to read 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
κ1969 Statutes of Nevada, Page 435 (CHAPTER 246, AB 399)κ
(b) Is terminated by any order of a court of competent jurisdiction which appoints a [legal] guardian.
Sec. 99. NRS 159.010 to 159.660, inclusive, are hereby repealed.
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Assembly Bill No. 179Mr. McKissick
CHAPTER 247
AN ACT relating to costs and disbursements; clarifying certain provisions relating to the award of costs and disbursements in court actions; providing for the award of certain costs relating to trials; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding [.] , including:
(a) Clerks fees.
(b) Costs of depositions obtained by the prevailing party and used by him at the trial.
(c) Jury fees as provided in NRS 6.150.
(d) Witness fees of witnesses as provided in NRS 48.290.
2. The court may allow to the prevailing party the fees of expert witnesses in an amount not to exceed $250.
3. The court may make an allowance of attorneys fees to:
(a) The plaintiff as prevailing party when the plaintiff has not sought recovery in excess of $10,000; or
(b) The defendant as prevailing party when the defendant has not recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.
Sec. 2. NRS 18.020 is hereby amended to read as follows:
18.020 Costs shall be allowed of course to the plaintiff upon a judgment in his favor, from any defendant against whom judgment is rendered, in the following cases:
κ1969 Statutes of Nevada, Page 436 (CHAPTER 247, AB 179)κ
1. In an action for the recovery of real property.
2. In an action to recover the possession of personal property, where the value of the property amounts to $300 or over; such value shall be determined by the jury, court or master by whom the action is tried.
3. In an action for the recovery of money or damages, where plaintiff recovers $300 or over.
4. In a special proceeding.
5. In an action which involves the title or possession of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in such action if originally commenced in a justice court.
Sec. 3. NRS 18.040 is hereby amended to read as follows:
18.040 Costs shall be allowed of course to the defendant upon a judgment in his favor, from any plaintiff against whom judgment is rendered, in the actions mentioned in NRS 18.020, and in a special proceeding in the nature of an action.
Sec. 4. NRS 37.190 is hereby amended to read as follows:
37.190 Costs may be allowed or not, and if allowed may include a maximum of $350 for appraisal reports used at the trial and $150 for fees of expert witnesses who testify at the trial, and may be apportioned between the parties on the same or adverse sides, in the discretion of the court.
Sec. 5. NRS 48.290 is hereby amended to read as follows:
48.290 Witnesses required to attend in the courts of this state shall receive the following compensation:
1. For attending in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpena, [$5] $10 for each days attendance, which shall include Sundays and holidays.
2. Mileage shall be allowed and paid at the rate of 15 cents a mile, one way only, for each mile necessarily and actually traveled from the place of residence by the shortest and most practical route, provided:
(a) That no person shall be obliged to testify in a civil action or proceeding unless his mileage and at least 1 days fees shall have been paid him if he demanded the same.
(b) That any person being in attendance at the trial and sworn as a witness shall be entitled to witness fees irrespective of service of subpena.
3. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.
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κ1969 Statutes of Nevada, Page 437κ
Assembly Bill No. 54Messrs. Bryan and Reid
CHAPTER 248
AN ACT relating to hallucinogenic drugs; prohibiting the sale of such drugs; increasing the penalty for the unlawful use or possession of such drugs; making an exception; permitting probation for a minor convicted of the first offense of supplying a hallucinogenic drug; providing penalties; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 454.460 is hereby amended to read as follows:
454.460 1. It is unlawful for any person, except as provided in this section, to sell, supply, use or possess:
(a) Lysergic acid;
(b) LSD (d-lysergic acid diethylamide);
(c) DMT (N-N-dimethyltryptamine);
(d) Any salt or derivative of any drug listed in paragraphs (a), (b) and (c); or
(e) Any compound, mixture or preparation which is physiologically similar to any drug listed in paragraphs (a), (b) and (c) in its effect on the central nervous system. [, except that plant of the genus Lophophora commonly known as peyote and preparations thereof.]
2. The provisions of subsection 1 do not apply to that plant of the genus Lophophora commonly known as peyote when such drug is used as the sacrament in religious rites of any bona fide religious organization.
3. The drugs enumerated in subsection 1 may lawfully be possessed by:
(a) A manufacturer licensed by the Food and Drug Administration to produce and distribute such drugs, or his agent, to be sold only to a person authorized under this subsection to possess such drugs or transported in interstate commerce. Each such shipment must bear the identifying number assigned by the Food and Drug Administration.
(b) A licensed pharmacy, to be dispensed only to a physician, osteopathic physician or research scientist qualified under paragraph (c) or (d). Every pharmacy which receives or dispenses any such drug shall keep a record showing the date, amount and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of 3 years from the date of the transaction recorded, and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.
(c) A physician licensed pursuant to chapter 630 of NRS or an osteopathic physician licensed pursuant to chapter 633 of NRS, to be used only as provided in subsection [3.] 4. Every physician or osteopathic physician who receives or administers any such drug shall keep a record showing the date, amount and source of drugs receive, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs. Every such record shall be kept for a period of 3 years from the date of administration, and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.
κ1969 Statutes of Nevada, Page 438 (CHAPTER 248, AB 54)κ
inspection by any peace officer or health officer of this state or by any equivalent federal officer.
(d) A psychologist licensed pursuant to chapter 641 of NRS or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of such drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician or osteopathic physician as provided in subsection [3.] 4. Any psychologist or research scientist who uses any such drug shall keep a record showing the date, amount and source of drugs received and the disposition and use of all such drugs. Every such record shall be kept for a period of 3 years from date of use, and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.
[3.] 4. Any physician or osteopathic physician who administers any drug listed in subsection 1 to any human being shall keep such patient under his personal supervision until the effect of such drug has entirely ceased.
[4. Whoever violates any provision of this section is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and shall upon conviction be punished by imprisonment in the Nevada state prison for not less than 1 nor more than 10 years.]
Sec. 2. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. (a) Except as otherwise provided in subsections 2, 3 and 4, any person who violates any provision of NRS 454.460 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
(b) For a second offense, or if, in case of a first conviction of violation of any provision of NRS 454.460, the offender previously has been convicted of any violation of the laws of the United States or of any state, territory or district relating to the drugs referred to in NRS 454.460, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.
(c) For a third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to the drugs referred to in NRS 454.460, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.
2. Any person who is convicted of the illegal sale or supplying of a drug referred to in NRS 454.460 to a person who is:
(a) Twenty-one years of age or older shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life, without possibility of parole, and may be further punished by a fine of not more than $5,000.
κ1969 Statutes of Nevada, Page 439 (CHAPTER 248, AB 54)κ
(b) Under 21 years of age shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole.
3. Any person who is under 21 years of age and is convicted of an offense otherwise punishable under subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, with possibility of probation. For a second or subsequent conviction, any such person shall be punished as provided in subsection 2 for a second or subsequent offense and any term of imprisonment imposed shall be served without possibility of probation.
4. Any person who supplies a drug referred to in NRS 454.460 to another person knowing that such other person intends illegally to sell, exchange, barter, supply or give away such drug, and such other person illegally sells or supplies such drug shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offenders shall be punished by imprisonment in the state prison for life without possibility of parole.
5. Any term of imprisonment imposed under the provisions of subsections 2 and 4 shall be served without possibility of probation.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 201Messrs. Getto and Jacobsen
CHAPTER 249
AN ACT relating to public employment; limiting the amount of sick leave benefits that a public employee may receive; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When any public employee is eligible at the same time for benefits under chapter 616 or 617 of NRS and for any sick leave benefit:
1. The amount of sick leave benefit paid to him for any pay period shall not exceed the difference between his normal salary and the amount of any benefit received, exclusive of reimbursement or payment of medical or hospital expenses under chapter 616 or 617 of NRS for that pay period.
2. If the amount of his sick leave benefit is reduced pursuant to subsection 1 below the amount normally payable, the amount of sick leave time charged against him as taken during that pay period shall be reduced in the same proportion.
________
κ1969 Statutes of Nevada, Page 440κ
Assembly Bill No. 239Mr. Swackhamer
CHAPTER 250
AN ACT to amend NRS 428.070, relating to the responsibility to reimburse for county hospitalization to an indigent person, by adding the indigent himself.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 428.070 is hereby amended to read as follows:
428.070 1. The father, mother, children, brothers or sisters, of sufficient financial ability so to do, shall pay to the county which has extended county hospitalization to any person under the provisions of NRS 428.030, the amount granted to such person.
2. A recipient of aid under the provisions of NRS 428.030 who later acquires sufficient financial ability so to do, shall reimburse the county which extended county hospitalization to him for any unpaid portion of the aid granted. Action against the relatives of such person is not a condition precedent to action against him.
3. The board of county commissioners shall advise the attorney general of the failure of a responsible person to pay such amount and the attorney general shall cause appropriate legal action to be taken to enforce the collection of all or part of such amount. If suit is filed to enforce the collection, the court shall determine the question of the sufficiency of the financial ability of the person against whom such action is filed, but the board of county commissioners shall determine the responsible [relative] person to be sued, and failure of an action against one such [relative] person shall not preclude subsequent or concurrent actions against others.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 388Mr. Schouweiler
CHAPTER 251
AN ACT relating to attorneys; prohibiting a certain practice; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 7 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No city attorney, district attorney or attorney general or their deputies and assistants hired or elected to prosecute persons charged with the violation of any ordinance or any law of this state shall, during their terms of office or during the time they are so employed, in any court of this state, accept an appointment to defend, agree to defend or undertake the defense of any person charged with the violation of any ordinance or any law of this state.
κ1969 Statutes of Nevada, Page 441 (CHAPTER 251, AB 388)κ
state, accept an appointment to defend, agree to defend or undertake the defense of any person charged with the violation of any ordinance or any law of this state.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 467Committee on Health and Welfare
CHAPTER 252
AN ACT relating to old-age assistance; authorizing vendor payments.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 427.020 is hereby amended to read as follows:
427.020 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments [to,] or medical care to or in behalf of or any type of remedial care in behalf of, needy aged persons who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
(a) Who is a patient in an institution for tuberculosis or mental diseases; or
(b) Who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as the result thereof.
3. Director means the director of the department of health, welfare and rehabilitation.
4. Recipient means any person who has received and is still receiving assistance.
5. Social Security Act means the Act of Congress approved August 14, 1935, and compiled as Title 42, United States Code § 301, and certain sections following that section, as amended.
6. State board means the state welfare board.
7. Welfare division means the welfare division of the department of health, welfare and rehabilitation.
________
κ1969 Statutes of Nevada, Page 442κ
Assembly Bill No. 475Committee on Health and Welfare
CHAPTER 253
AN ACT relating to mentally retarded children; providing for the payment by a parent or guardian for the care, support or maintenance of any such child; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 435.050 is hereby amended to read as follows:
435.050 The following terms, wherever used or referred to in NRS 435.050 to 435.080, inclusive, and sections 3 to 6, inclusive, of this act, have the following meanings unless a different meaning clearly appears in the context:
1. Cottage type group care facility means a structure similar to a private residence which will house a small number of persons in a home-like atmosphere.
2. Mental hygiene division means the mental hygiene division of the department of health, welfare and rehabilitation.
3. Mental retardation refers to subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
Sec. 2. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. 1. When any mentally retarded child is committed to the Nevada state hospital by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of such child regarding the ability of such parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of such child while residing in such facility.
2. If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.
3. If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from such estate.
4. If the parent, parents or guardian fail or refuse to comply with the order of the court, the mental hygiene division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest at the rate of 7 percent per annum.
Sec. 4. 1. When any mentally retarded child is transferred from the Nevada state hospital to a cottage type group care facility as provided in NRS 435.075, the parent, parents or guardian shall continue to contribute such amount for the care, support and maintenance of such child as may have previously been ordered by the court of competent jurisdiction committing such child.
2. If no such order was entered by the committing court, the mental hygiene division may petition such court for an order requiring the parent, parents or guardian to contribute.
κ1969 Statutes of Nevada, Page 443 (CHAPTER 253, AB 475)κ
3. Any order for contribution entered under the provisions of subsection 2, shall be entered in the same manner and have the same effect as an order for contribution entered under the provisions of section 3 of this act.
Sec. 5. 1. When any mentally retarded child is admitted to a cottage type group care facility at the request of a parent, parents or guardian, such parent, parents or guardian shall enter into an agreement with the mental hygiene division providing for the contribution of an amount for the care, support and maintenance of such child as determined by such division to be reasonable. In determining the amount, the mental hygiene division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contribution.
2. If the parent, parents or guardian fail or refuse to perform under the terms of the agreement, the mental hygiene division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest at the rate of 7 percent per annum.
3. If the mental hygiene division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of such child, but that the estate of such child is able to contribute, the mental hygiene division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of such child, if there is none, and for an order requiring such guardian to contribute an amount as determined by the court.
Sec. 6. Any moneys collected by the mental hygiene division under sections 3, 4 and 5 of this act shall be deposited in the state treasury and may be expended for the support of the hospital or cottage type group care facility in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 7. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the court shall have exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county:
(1) Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support.
(2) Whose occupation, behavior, environment or associations are injurious to his welfare.
(3) Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.
(4) Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.
(5) Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.
(b) Concerning any person over the age of 18 years and under the age of 21 years charged with having violated any provision of subparagraph (5) of paragraph (a) prior to having become 18 years of age.
κ1969 Statutes of Nevada, Page 444 (CHAPTER 253, AB 475)κ
Such a minor shall be dealt with under the provisions of this chapter relating to children.
(c) For the care or commitment to an institution of a mentally [defective or mentally disordered] retarded child.
2. Nothing contained in this chapter shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
Sec. 8. NRS 387.123 is hereby amended to read as follows:
387.123 1. For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, average daily attendance means the 6 months of highest average daily attendance for the current school year of:
(a) Pupils in grades 1 to 12, inclusive, of the public schools plus six-tenths of the pupils in the kindergarten department of the public schools.
(b) Physically or mentally handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive.
(c) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.
2. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils. In calculating average daily attendance of pupils, no pupil specified in paragraphs (a), (b) and (c) of subsection 1 shall be counted more than once.
3. The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the state board of education shall reduce the average daily attendance for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and may withhold the quarterly apportionment entirely.
Sec. 9. NRS 388.440 is hereby amended to read as follows:
388.440 As used in NRS 388.440 to 388.540, inclusive, physically [or mentally] handicapped or mentally retarded minor means a physically or mentally defective or handicapped person under the age of 21 years who is in need of education. Any minor who, by reason of physical or mental impairment, cannot receive the full benefit of ordinary education facilities shall be considered a physically [or mentally] handicapped or mentally retarded person for the purposes of NRS 388.440 to 388.540, inclusive.
κ1969 Statutes of Nevada, Page 445 (CHAPTER 253, AB 475)κ
or mentally retarded person for the purposes of NRS 388.440 to 388.540, inclusive. Minors with vision, hearing, speech, orthopedic, mental and neurological disorders or defects, or with rheumatic or congenital heart disease, or any disabling condition caused by accident, injury or disease, shall be considered as being physically [or mentally] handicapped [.] or mentally retarded.
Sec. 10. NRS 388.450 is hereby amended to read as follows:
388.450 1. Subject to the provisions of NRS 388.440 to 388.540, inclusive, the board of trustees of a school district may make such special provisions as in its judgment may be necessary for the education of physically [or mentally] handicapped or mentally retarded minors.
2. The board of trustees of a school district may establish uniform rules of eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.540, inclusive. The rules and regulations shall be subject to such standards as may be prescribed by the state department of education.
Sec. 11. NRS 388.460 is hereby amended to read as follows:
388.460 No minor shall be required to take advantage of the special provisions for the education of physically [or mentally] handicapped or mentally retarded minors if the parent or guardian of the minor files a statement with the board of trustees of the school district showing that the minor is receiving adequate educational advantages.
Sec. 12. NRS 388.480 is hereby amended to read as follows:
388.480 Any school district furnishing education to physically [or mentally] handicapped or mentally retarded minors shall furnish such education to any resident handicapped or retarded minor of the school district.
Sec. 13. NRS 388.490 is hereby amended to read as follows:
388.490 [Handicapped] Physically handicapped or mentally retarded minors may be admitted at the age of 3 years to special schools or classes established for such minors, and their attendance shall be counted for apportionment purposes as if they were already 6 years of age.
Sec. 14. NRS 388.500 is hereby amended to read as follows:
388.500 1. Physically [or mentally] handicapped or mentally retarded minors may be instructed in special ungraded schools or classes for the instruction of handicapped or retarded minors.
2. Boards of trustees of school districts may:
(a) Purchase sites and erect buildings for such purposes in the same manner as other school sites or school buildings may be purchased and erected.
(b) Rent suitable property at an economical rental for special or ungraded rooms.
(c) Accept gifts or donations of sites and buildings for such purposes.
Sec. 15. NRS 388.510 is hereby amended to read as follows:
388.510 The board of trustees of a school district may provide for the transportation of pupils assigned to special schools or classes for physically [or mentally] handicapped or mentally retarded pupils.
Sec. 16. NRS 388.520 is hereby amended to read as follows:
388.520 The state department of education shall prescribe minimum standards for the special education of physically [or mentally] handicapped or mentally retarded minors. No apportionment of state funds shall be made by the superintendent of public instruction to any school district for the instruction of physically [or mentally] handicapped or mentally retarded minors until the program of instruction maintained therein for such handicapped or retarded minors is approved by the state department of education as meeting the prescribed minimum standards.
κ1969 Statutes of Nevada, Page 446 (CHAPTER 253, AB 475)κ
shall be made by the superintendent of public instruction to any school district for the instruction of physically [or mentally] handicapped or mentally retarded minors until the program of instruction maintained therein for such handicapped or retarded minors is approved by the state department of education as meeting the prescribed minimum standards.
Sec. 17. NRS 388.540 is hereby amended to read as follows:
388.540 The attendance of all physically [or mentally] handicapped or mentally retarded pupils instructed in accordance with the provisions of NRS 388.440 to 388.540, inclusive, including those instructed under cooperative arrangements for vocational rehabilitation with the state department of education, shall be reported annually, together with all other attendance, on forms prescribed by the superintendent of public instruction.
Sec. 18. NRS 433.300 is hereby amended to read as follows:
433.300 1. The superintendent is authorized to receive and care for mentally [deficient,] retarded, noneducable children of the State of Nevada [over 2 years of age] at state expense when:
(a) [Properly] A person over 6 years of age is properly committed to the hospital; or
(b) Admission of children not over the age of 21 years is requested by a parent, parents or guardian upon application and proof to the superintendent.
(c) Either under a judicial commitment as provided in paragraph (a) or in a voluntary admission as provided in paragraph (b) space is available in a facility operated by the mental hygiene division which is designed and equipped to treat the patient seeking admission.
2. A minor child over 2 years of age may be received, cared for and examined without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200, in which event the superintendent shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the superintendents report. When the child is found to be without specific mental disorder or is considered educable, the child shall not be detained at the hospital, but shall be released to such authority as the juvenile court may order.
Sec. 19. NRS 433.698 is hereby amended to read as follows:
433.698 No person may be admitted to a hospital pursuant to NRS 433.665 or 433.669 unless mutually agreeable financial arrangements relating to the costs of hospitalization are made between the hospital and the patient or person requesting his admission. [The state is not responsible for payment of the costs of hospitalization for patients admitted in a facility not operated by the mental hygiene division except where, prior to hospitalization, the administrator of the mental hygiene division authorizes the expenditure of state funds for such purpose.]
Sec. 20. Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state is not responsible for payment of the costs of hospitalization for patients admitted in a facility not operated by the mental hygiene division except where, prior to hospitalization, the administrator of the mental hygiene division authorizes the expenditure of state funds for such purpose.
κ1969 Statutes of Nevada, Page 447 (CHAPTER 253, AB 475)κ
mental hygiene division authorizes the expenditure of state funds for such purpose.
Sec. 21. NRS 435.010 is hereby amended to read as follows:
435.010 1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the [feebleminded] mentally retarded children of their respective counties.
2. For that purpose they are empowered to make all necessary contracts and agreements to carry out the provisions of NRS 435.010 to 435.040, inclusive. Any such contract or agreement may be made with any responsible person or institution in or without the State of Nevada.
Sec. 22. NRS 435.030 is hereby amended to read as follows:
435.030 1. A parent, relative, guardian or nearest friend of any [feebleminded] mentally retarded child, resident of this state, may file with the board of county commissioners of the proper county an application under oath stating:
(a) That by reason of deficient mental understanding, the child is disqualified from being taught by the ordinary process of instruction or education; and
(b) That the applicant is unable to pay for the childs support, education and instruction in an institution or by a responsible person.
2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.
3. The board of county commissioners shall make necessary arrangements for the transportation of a [feebleminded] mentally retarded child to the institution or responsible person as designated in NRS 435.010 at the expense of the county.
4. A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or institution in or without the State of Nevada under contract with the board of county commissioners to receive any such [feebleminded] mentally retarded child.
Sec. 23. NRS 435.040 is hereby amended to read as follows:
435.040 1. In case an inmate of the Nevada state childrens home is adjudged to be [feebleminded,] mentally retarded, a responsible person or institution as designated in NRS 435.010 is authorized to receive the inmate from the superintendent of the Nevada state childrens home and shall make provision for such child in the same manner as if received from a board of county commissioners.
2. The county of the childs residence immediately preceding admission to the Nevada state childrens home shall bear the expense of transportation to the responsible person or institution and of the subsequent care.
3. If the child is a dependent child committed to the Nevada state childrens home under the provisions of NRS 423.210, the county shall be entitled to receive from the parent or parents, and to recover by appropriate legal action if necessary, all sums expended by the county under subsection 2; but the sum which the county may receive or recover shall not exceed the amount which the district court has ordered such parent or parents to pay under NRS 423.210.
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κ1969 Statutes of Nevada, Page 448κ
Assembly Bill No. 580Committee on Labor and Management
CHAPTER 254
AN ACT increasing the amounts of the weekly benefits and augmented weekly benefits payable under the Unemployment Compensation Law; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.340 is hereby amended to read as follows:
612.340 1. [An individuals weekly benefit amount for any benefit year commencing on or after April 4, 1965, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $41 per week, not less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
2.] An individuals weekly benefit amount for any benefit year commencing on or after April 30, 1967, and prior to April 27, 1969, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $43 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
2. An individuals basic weekly benefit amount for any benefit year commencing on or after April 27, 1969, shall be an amount equal to one-twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest but not more than $47 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
Sec. 2. NRS 612.345 is hereby amended to read as follows:
612.345 1. Each eligible individual who is unemployed in any week shall have his basic weekly benefit amount augmented with respect to such week by $5 if he has one dependent, and by $5 for each additional dependent, provided that the eligible individuals basic weekly benefit amount shall not be augmented by more than $20 in any case, nor shall the augmented weekly benefit amount exceed [$63] $67 or 6 percent of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser.
2. If the augmented weekly benefit amount is not a multiple of $1, it shall be computed to the next higher multiple of $1.
3. The basic weekly benefit amount payable to an individual or his wife may not be augmented if both husband and wife living in the same household are being simultaneously paid benefits under the provisions of this chapter or any other state or federal unemployment compensation law.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 449κ
Assembly Bill No. 581Mr. Reid
CHAPTER 255
AN ACT relating to trustees and fiduciaries; designating the trust powers which may be included in a will or agreement by reference; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 32, inclusive, of this act.
Sec. 2. 1. By an expressed intention of the testator or settlor so to do contained in a will, or in an instrument in writing whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in, sections 3 to 32, inclusive, of this act, as they exist at the time of the signing of the will by the testator or at the time of the signing by the the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in such will or other written instrument, with the same effect as though such language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in sections 3 to 32, inclusive, of this act, by reference to the proper section shall be in addition to and not in limitation of the common law or statutory powers of the fiduciary.
2. A fiduciary shall not exercise any power or authority conferred as provided in sections 2 to 32, inclusive, of this act in such a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. Tax includes, but is not limited to, any federal income, gift, estate or inheritance tax.
3. This section does not prevent the incorporation of the powers enumerated in sections 3 to 32, inclusive, of this act in any other kind of instrument or agreement.
Sec. 3. A fiduciary may retain for such time as the fiduciary deems advisable any property, real or personal, which the fiduciary may receive, even though the retention of such property by reason of its character, amount, proportion to the total estate or otherwise would not be appropriate for the fiduciary apart from this provision.
Sec. 4. 1. A fiduciary may:
(a) Sell, exchange, give options upon, partition or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, with or without order of court, at public or private sale or otherwise, upon such terms and conditions, including credit, and for such consideration as the fiduciary deems advisable.
(b) Transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple, absolute or otherwise, free of all trust.
2. The person dealing with the fiduciary has no duty to follow the proceeds or other consideration received by the fiduciary from such sale or exchange.
κ1969 Statutes of Nevada, Page 450 (CHAPTER 255, AB 581)κ
proceeds or other consideration received by the fiduciary from such sale or exchange.
Sec. 5. A fiduciary may invest and reinvest, as the fiduciary deems advisable:
1. In stocks (common or preferred), bonds, debentures, notes, mortgages or other securities in or outside the United States;
2. In insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest, or in annuity contracts for any beneficiary;
3. In any real or personal property;
4. In investment trusts;
5. In participations in common trust funds; and
6. Generally in such property as the fiduciary deems advisable, even though such investment is not of the character approved by applicable law but for this section.
Sec. 6. A fiduciary may make investments which cause a greater proportion of the total property held by the fiduciary to be invested in investments of one type or of one company than would be considered appropriate for the fiduciary apart from this section.
Sec. 7. 1. A fiduciary may, to the extent and upon such terms and conditions and for such periods of time as the fiduciary deems necessary or advisable, continue or participate in the operation of any business or other enterprise, whatever its form of organization, including but not limited to the power to:
(a) Effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise;
(b) Dispose of any interest therein or acquire the interest of others therein;
(c) Contribute thereto or invest therein additional capital or to lend money thereto, in any such case upon such terms and conditions as the fiduciary approves from time to time; or
(d) Determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate or trust set aside for use in the business or to the estate or trust as a whole; and
2. In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it is not necessary to itemize receipts and disbursements and distributions of property but it is sufficient for the fiduciary to show in the account a single figure or consolidation of figures; and the fiduciary may account for money and property received from the business and any payments made to the business in lump sum without itemization.
Sec. 8. A fiduciary may form a corporation or other entity and transfer, assign and convey to such corporation or entity all or any part of the estate or of any trust property in exchange for the stock, securities or obligations of any such corporation or entity, and continue to hold such stock and securities and obligations.
Sec. 9. A fiduciary may continue any farming operation received by the fiduciary pursuant to the will or other instrument and do any and all things deemed advisable by the fiduciary in the management and maintenance of such farm and the production and marketing of crops and dairy, poultry, livestock, orchard and the forest products, including but not limited to the following powers:
κ1969 Statutes of Nevada, Page 451 (CHAPTER 255, AB 581)κ
poultry, livestock, orchard and the forest products, including but not limited to the following powers:
1. To operate the farm with hired labor, tenants or sharecroppers;
2. To lease or rent the farm for cash or for a share of the crops;
3. To purchase or otherwise acquire farm machinery and equipment and livestock;
4. To construct, repair and improve farm buildings of all kinds needed, in the fiduciarys judgment, for the operation of the farm;
5. To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes such as for production, harvesting or marketing, or for the construction, repair or improvement of farm buildings, or for the purchase of farm machinery, equipment or livestock;
6. To employ approved soil conservation practices in order to conserve, improve and maintain the fertility and productivity of the soil;
7. To protect, manage and improve the timber and forest on the farm and sell the timber and forest products when it is to the best interest of the estate;
8. To ditch, dam and drain damp or wet fields and areas of the farm when and where needed;
9. To engage in the production of livestock, poultry or dairy products, and to construct such fences and buildings and plant such pastures and crops as may be necessary to carry on such operations;
10. To market the products of the farm; and
11. In general, to employ good husbandry in the farming operation.
Sec. 10. In the management of real property a fiduciary may:
1. Improve, manage, protect and subdivide any real property;
2. Dedicate or withdraw from dedication parks, streets, highways or alleys;
3. Terminate any subdivision or part thereof;
4. Borrow money for the purposes authorized by this section for such periods of time and upon such terms and conditions as to rates, maturities and renewals as the fiduciary deems advisable and mortgage or otherwise encumber any such property or part thereof, whether in possession or reversion;
5. Lease any such property or part thereof to commence at the present or in the future, upon such terms and conditions, including options to renew or purchase, and for such period or periods of time as the fiduciary deems advisable although such period or periods may extend beyond the duration of the trust or the administration of the estate involved;
6. Make gravel, sand, oil, gas and other mineral leases, contracts, licenses, conveyances or grants of every nature and kind which are lawful in the jurisdiction in which such property lies;
7. Manage and improve timber and forests on such property, sell the timber and forest products, and make grants, leases and contracts with respect thereto;
8. Modify, renew or extend leases;
9. Employ agents to rent and collect rents;
10. Create easements and release, convey or assign any right, title or interest with respect to any easement on such property or part thereof;
11. Erect, repair or renovate any building or other improvement on such property, and remove or demolish any building or other improvement in whole or in part; and
κ1969 Statutes of Nevada, Page 452 (CHAPTER 255, AB 581)κ
such property, and remove or demolish any building or other improvement in whole or in part; and
12. Deal with any such property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with such property either in the same or in different ways from those specified elsewhere in this section.
Sec. 11. A fiduciary may pay taxes, assessments, compensation of the fiduciary, and other expenses incurred in the collection, care, administration and protection of the trust or estate.
Sec. 12. A fiduciary may receive additional property from any source and administer such additional property as a portion of the appropriate trust or estate under the management of the fiduciary, but may not be required to receive such property without his consent.
Sec. 13. In dealing with one or more fiduciaries, a fiduciary may:
1. Sell property, real or personal, to, or exchange property with, the trustee of any trust which the decedent or the settlor or his spouse or any child of his has created, for such estates and upon such terms and conditions as to sale price, terms of payment and security as to the fiduciary seem advisable. The fiduciary has no duty to follow the proceeds of any such sale.
2. Borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and securities as the fiduciary deems available from any trust created by the decedent, his spouse or any child of his, for the purpose of:
(a) Paying debts of the decedent, taxes, the costs of the administration of the estate, and like charges against the estate, or any part thereof; or
(b) Discharging the liability of any fiduciary thereof,
A fiduciary may mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to secure such loan or loans and to renew such loans.
Sec. 14. A fiduciary may:
1. Borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and security as the fiduciary deems advisable, including the power of a corporate fiduciary to borrow from its own banking department, for the purpose of paying debts, taxes or other charges against the estate or any trust, or any part thereof;
2. Mortgage, pledge or otherwise encumber such portion of the estate or any trust as may be required to secure such loan or loans; and
3. Renew existing loans either as maker or endorser.
Sec. 15. A fiduciary may advance money for the protection of the trust or estate, and for all expenses, losses and liabilities sustained in the administration of the trust or estate or because of the holding or ownership of any trust or estate assets, for which advances with any interest the fiduciary shall have a lien on the assets of the trust or estate as against a beneficiary.
Sec. 16. A fiduciary may vote shares of stock owned by the estate or any trust at stockholders meetings in person or by special, limited or general property, with or without power of substitution.
Sec. 17. A fiduciary may hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship so that title to the security may pass by delivery, but the fiduciary shall be liable for any act of the nominee in connection with the stock so held.
κ1969 Statutes of Nevada, Page 453 (CHAPTER 255, AB 581)κ
in other form without disclosure of the fiduciary relationship so that title to the security may pass by delivery, but the fiduciary shall be liable for any act of the nominee in connection with the stock so held.
Sec. 18. A fiduciary may:
1. Exercise all options, rights and privileges to convert stocks, bonds, debentures, notes, mortgages or other property into other stocks, bonds, debentures, notes, mortgages or other property;
2. Subscribe for other additional stocks, bonds, debentures, notes, mortgages or other property; and
3. Hold such stocks, bonds, debentures, notes, mortgages or other property so acquired as investments of the estate or trust so long as the fiduciary deems advisable.
Sec. 19. A fiduciary may:
1. Unite with other owners of property similar to any which may be held at any time in the decedents estate or in any trusts in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease or sale of the property, incorporation or reincorporation, reorganization or readjustment of the capital or financial structure of any corporation, company or association the securities of which may form any portion of an estate or trust;
2. Become and serve as a member of a stockholders or bondholders protective committee;
3. Deposit securities in accordance with any plan agreed upon;
4. Pay any assessments, expenses or sums of money that may be required for the protection or furtherance of the interest of the distributees of an estate or beneficiaries of any trust with reference to any such plan; and
5. Receive as investments of any estate or any trust any securities issued as a result of the execution of such plan.
Sec. 20. A fiduciary may reduce the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of an estate or trust.
Sec. 21. A fiduciary may continue any obligation, whether secured or unsecured, upon and after maturity with or without renewal or extension upon such terms as the fiduciary deems advisable, without regard to the value of the security, if any, at the time of such continuance.
Sec. 22. A fiduciary may:
1. Foreclose, as an incident to the collection of any bond, note or other obligation, any mortgage, deed of trust or other lien securing such bond, note or other obligation;
2. Bid in the property at such foreclosure sale, or acquire the property by deed from the mortgagor or obligor without foreclosure; and
3. Retain the property so bid in or taken over without foreclosure.
Sec. 23. A fiduciary may carry such insurance coverage, including public liability, for such hazards and in such amounts, either in stock companies or in mutual companies, as the fiduciary deems advisable.
Sec. 24. A fiduciary may collect, receive and receipt for rents, issues, profits and income of an estate or trust.
Sec. 25. A fiduciary may compromise, adjust, arbitrate, sue on or defend, abandon or otherwise deal with and settle claims in favor of or against the estate or trust as the fiduciary deems advisable, and the fiduciarys decision shall be conclusive between the fiduciary and the beneficiaries of the estate or trust and the person against or for whom the claim is asserted, in the absence of fraud by such person; and in the absence of fraud, bad faith or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the estate or trust.
κ1969 Statutes of Nevada, Page 454 (CHAPTER 255, AB 581)κ
defend, abandon or otherwise deal with and settle claims in favor of or against the estate or trust as the fiduciary deems advisable, and the fiduciarys decision shall be conclusive between the fiduciary and the beneficiaries of the estate or trust and the person against or for whom the claim is asserted, in the absence of fraud by such person; and in the absence of fraud, bad faith or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the estate or trust.
Sec. 26. A fiduciary may employ and compensate, out of income or principal or both and in such proportion as the fiduciary deems advisable, persons deemed by the fiduciary needful to advise or assist in the proper settlement of the estate or administration of any trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental agents, realtors, appraisers and tax specialists; and do so without liability for any neglect, omission, misconduct or default of such agent or representative if he was selected and retained with due care on the part of the fiduciary.
Sec. 27. 1. A fiduciary may:
(a) Acquire, receive, hold and retain the principal of several trusts created by a single instrument undivided until division becomes necessary in order to make distributions;
(b) Hold, manage, invest, reinvest and account for the several shares or parts of shares by appropriate entries in the fiduciarys books of account, and allocate to each share or part of share its proportionate part of all receipts and expenses.
2. The provisions of this section shall not defer the vesting in possession of any share or part of share of the estate or trust.
Sec. 28. 1. A fiduciary may:
(a) Set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements and general maintenance of buildings or other property out of rents, profits or other income received; and
(b) Set up reserves also for the equalization of payments to or for beneficiaries.
2. The provisions of this section shall not affect the ultimate interests of beneficiaries in such reserves.
Sec. 29. 1. A fiduciary may:
(a) Make distribution of capital assets of the estate or trust in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests, as the fiduciary finds to be most practicable and for the best interests of the distributees; and
(b) Determine the value of capital assets for the purpose of making distribution thereof if and when there is more than one distributee thereof, which determination shall be binding upon the distributees unless clearly capricious, erroneous and inequitable.
2. The fiduciary shall not exercise any power under this section unless the fiduciary holds title to or an interest in the property to be distributed and is required or authorized to make distribution thereof.
Sec. 30. A fiduciary may:
1. Make payments in money, or in property in lieu of money, to or for a minor or incompetent in any one or more of the following ways:
κ1969 Statutes of Nevada, Page 455 (CHAPTER 255, AB 581)κ
(a) Directly to such minor or incompetent.
(b) To apply directly in payment for the support, maintenance, education and medical, surgical, hospital or other institutional care of such minor or incompetent.
(c) To the legal or natural guardian of such minor or incompetent.
(d) To any other person, whether or not appointed guardian of the person by any court, who has, in fact, the care and custody of the person of such minor or incompetent.
2. The fiduciary has no duty to see to the application of the payments so made, if the fiduciary exercised due care in the selection of the person, including the minor or incompetent, to whom such payments were made, and the receipt of such person shall be full acquittance to the fiduciary.
Sec. 31. A fiduciary may determine:
1. What is principal and what is income of any estate or trust and may allocate or apportion receipts and expenses as between principal and income in the exercise of the fiduciarys discretion, and, by way of illustration and no limitation of the fiduciarys discretion, may charge premiums on securities purchased at a premium against principal or income or partly against each.
2. Whether to apply stock dividends and other noncash dividends to income or principal or apportion them as the fiduciary deems advisable.
3. What expenses, costs, taxes (other than estate, inheritance and succession taxes) and other governmental charges shall be charged against principal or income or apportioned between principal and income and in what proportions.
Sec. 32. A fiduciary may make contracts and execute instruments, under seal or otherwise, as may be necessary in the exercise of the powers herein granted.
Sec. 33. This act shall become effective upon passage and approval.
________
Assembly Bill No. 385Mrs. Brookman
CHAPTER 256
AN ACT relating to elections; broadening the time limits within which absent ballots may be applied for and returned by ill or disabled persons; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.316 is hereby amended to read as follows:
293.316 1. Any registered voter unable to go to the polls because of illness or disability [incurred after the closing date for absent ballot applications] resulting in his confinement in a hospital, sanatorium, dwelling or nursing home may request in a written statement, signed by him, that the county clerk send him an absent ballot. The county clerk shall deliver the ballot, at the office of the clerk, to any authorized representative of the voter possessing a written statement from the voters physician or practitioner or a written statement signed by an official of the hospital, sanatorium or nursing home stating that the voter is a patient in a hospital, sanatorium or nursing home, [giving the date of admittance thereto,] and stating that the voter will be confined therein on election day.
κ1969 Statutes of Nevada, Page 456 (CHAPTER 256, AB 385)κ
the ballot, at the office of the clerk, to any authorized representative of the voter possessing a written statement from the voters physician or practitioner or a written statement signed by an official of the hospital, sanatorium or nursing home stating that the voter is a patient in a hospital, sanatorium or nursing home, [giving the date of admittance thereto,] and stating that the voter will be confined therein on election day.
2. After marking his ballot the voter shall place it in the identification envelope. He shall then affix his signature on the back of the envelope and return it to the office of the county clerk.
3. A request for a ballot under this section shall be made, and the ballot delivered to the voter and returned to the county clerk, not later than [the day preceding the day of the election, unless the voter enters the hospital, sanatorium or nursing home on the day preceding the day of election or on election day, in which case he may apply for, obtain and return his ballot up to] the time the polls close on election day.
4. The procedure authorized by this section shall be subject to all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 532Mr. Schouweiler
CHAPTER 257
AN ACT relating to elections; increasing the number of delegates from voting precincts to county conventions in certain counties.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of registered voters of that party residing in such precinct as follows:
Counties with fewer than 400 registered voters. In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct shall have one delegate for each five such registered voters.
Counties with 400-600 voters. In counties in which such total number or registered voters of that party has exceeded 400 but has not exceeded 600, each precinct shall have one delegate for each eight such registered voters.
Counties with 600-800 registered voters. In counties in which such total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct shall have one delegate for each 10 such registered voters.
Counties with 800-1,400 registered voters. In counties in which such total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct shall have one delegate for each 15 such registered voters.
κ1969 Statutes of Nevada, Page 457 (CHAPTER 257, AB 532)κ
not exceeded 1,400, each precinct shall have one delegate for each 15 such registered voters.
Counties with 1,400-2,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct shall have one delegate for each 20 such registered voters [.] or major fraction of such number.
Counties with 2,000-3,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct shall have one delegate for each 30 such registered voters [.] or major fraction of such number.
Counties with 3,000-4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct shall have one delegate for each 35 such registered voters [.] or major fraction of such number.
Counties with more than 4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 4,000, each precinct shall have one delegate for each 50 such registered voters [.] or major fraction of such number.
2. The county clerk shall determine the number of registered voters of each party in each precinct as of the 1st Monday in January of each even-numbered year, and shall notify the county central committee of each political party of such numbers within 30 days after such determinative date.
3. In all counties every precinct shall be entitled to at least one delegate to each county convention.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 221Messrs. Lowman, Torvinen, Smith, Branch, Close, McKissick, Swallow and Kean
CHAPTER 258
AN ACT relating to dangerous drugs; deleting the requirement of notice when the state board of pharmacy finds certain drugs to be dangerous to public health or safety; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 454.430 is hereby amended to read as follows:
454.430 1. If the board [, after a hearing following notice to persons who have filed written requests therefor with the board,] finds any drug to be dangerous to the public health or safety, it may make other rules, not inconsistent with NRS 454.180 to 454.450, inclusive, limiting or restricting the furnishing of such drug. The proceedings for adoption of such rules shall be governed by Chapter 233B of NRS.
2. A violation of any such rule shall be punished in the same manner as is provided in NRS 454.380 and 454.400.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 458κ
Assembly Bill No. 511Messrs. Ashworth, Bowler, Branch, Bryan, Hilbrecht, Mrs. Tyson, Messrs. Lowman, Smith and Wilson
CHAPTER 259
AN ACT relating to county lands; modifying the procedure for reconveying certain donated land to the donor; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.290 is hereby amended to read as follows:
244.290 1. The board of county commissioners of any county may reconvey, upon such terms as may be prescribed by the order of the board, all the right, title and interest of the county in and to any land donated and dedicated for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person or persons, association or corporation from whom such land was acquired or to his, their or its heirs, assigns or successors, whether such land is held solely by the county or as tenant in common with any municipality or other political subdivision of this state under dedication to the same public use or uses, in any case where such land has been theretofore donated and dedicated to the county, or to the county and such coowner, for any of the use or uses hereinbefore mentioned. [; provided:
(a) That there is filed with the board a petition signed by electors of the county equal in number to at least 51 percent of the number of votes cast in the county for Representative in Congress at the last preceding general election; and
(b) That it shall]
2. Prior to any such reconveyance, it must be determined by a resolution of the board of county commissioners that the maintenance by the county either solely or in connection with such coowner of such public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground for the accommodation of the traveling public, or public land for the purposes specified in the instrument or instruments of donation or dedication, is unnecessarily burdensome upon the county, or that such reconveyance will be advantageous to the county and its citizens.
[2.] 3. Upon the adoption of such resolution, without other formalities or requirements, a deed of reconveyance on behalf of the county shall be executed under the hand of the chairman of the board of county commissioners, attested by the county clerk under the seal of the county.
[3. The signatures to the petition mentioned in paragraph (a) of subsection 1 need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made and the signatures therein set forth are true to the best of his knowledge and belief.
κ1969 Statutes of Nevada, Page 459 (CHAPTER 259, AB 511)κ
The petition, so verified, shall be prima facie evidence that each of the signers thereof is an elector of the county.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 571Mr. Swackhamer
CHAPTER 260
AN ACT relating to the regulation of hours of work in smelters and mills, open mines, surface workings of underground mines, and plaster and cement mills; authorizing employment beyond 8 hours with the consent of employees; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 608.210 is hereby amended to read as follows:
608.210 1. The period of employment of workingmen in smelters and in all other institutions for the reduction or refining of ores or metals shall be 8 hours per day, except: [in cases of emergency where life or property is in imminent danger.]
(a) In cases of emergency where life or property is in imminent danger; or
(b) When the workingman voluntarily agrees to work beyond the 8-hour period.
2. Any person who violates this section, or any person, corporation, employer or his or its agent who hires, contracts with, or causes any person to work in a smelter or any other institution or place for the reduction or refining of ores or metals for a period of time longer than 8 hours during 1 day, unless life and property [shall be] are in imminent danger [, shall be guilty] or the workingman has voluntarily agreed to work beyond the 8-hour period, is guilty of a misdemeanor.
Sec. 2. NRS 608.220 is hereby amended to read as follows:
608.220 1. The period of employment of workingmen in open pit and open cut mines shall not exceed 8 hours in any 24 hours, except: [in cases of emergency where life or property is in imminent danger.]
(a) In cases of emergency where life or property is in imminent danger; or
(b) When the workingman voluntarily agrees to work beyond the 8-hour period.
2. Any person who violates any provision of subsection 1, or any person, persons, corporation, employer, or his or its agent who hires, contracts with, or causes any person to labor in any open pit or open cut mine for a period of time longer than 8 hours within any 24 hours, except in cases of emergency where life or property is in imminent danger [, shall be guilty] or the workingman has voluntarily agreed to work beyond the 8-hour period, is guilty of a misdemeanor.
κ1969 Statutes of Nevada, Page 460 (CHAPTER 260, AB 571)κ
Sec. 3. NRS 608.230 is hereby amended to read as follows:
608.230 1. The number of hours of work or labor of mechanics, engineers, blacksmiths, carpenters, topmen, and all workingmen employed or working on or about the surface or surface workings of any underground mineworkings, shall not exceed 8 hours in any period of 24 hours, except: [in cases of emergency where life or property is in imminent danger.]
(a) In cases of emergency where life or property is in imminent danger; or
(b) When the mechanic, engineer, blacksmith, carpenter, topman or other workingman voluntarily agrees to work more than 8 hours in any period of 24 hours.
2. Any person who violates any of the provisions of this section, or any person, corporation, employer or agent who hires, contracts with, or in any manner causes or induces any person to work or labor on or about the surface or surface workings of any underground mineworkings for more than 8 hours in any period of 24 hours, except in cases of emergency where life or property is in imminent danger [, shall be] or the workingman has voluntarily agreed to work more than 8 hours in any period of 24 hours, is guilty of a misdemeanor.
Sec. 4. NRS 608.240 is hereby amended to read as follows:
608.240 1. The period of employment of all persons engaged or employed in any mill or other institution wherein plaster or cement is manufactured shall not exceed 8 hours in any 24 hours, except: [in cases of emergency where life is in imminent danger, or the product of such mill or institution liable to loss or damage by delay in treatment.]
(a) In cases of emergency where life is in imminent danger; or
(b) In cases where the product of such mill or institution is liable to loss or damage by delay in treatment; or
(c) Where the employee voluntarily agrees to work more than 8 hours in any period of 24 hours.
2. Any person who violates any provision of this section, or any person, persons, corporation, employer or agent who hires, contracts with or causes any person to be engaged or employed in any mill or other institution where plaster or cement is manufactured for a period of time longer than 8 hours in any 24 hours, except in [cases where life is in imminent danger or the product of such mill or institution liable to loss or danger by delay in treatment, shall be] the cases specified in paragraphs (a), (b) and (c) of subsection 1, is guilty of a misdemeanor.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 461κ
Assembly Bill No. 283Committee on Government Affairs (By request)
CHAPTER 261
AN ACT relating to highways; providing for relief against unauthorized crossing or cutting of control-of-access fences on highways; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintained by the department on an interstate or other highway, to which the state has acquired the abutters easements of access to and from the abutting land, the department may petition the district court of the county where such highway is located for an order permanently enjoining such person from further penetration of the control of access, and if the court finds, upon taking proof by affidavit or otherwise, that the state has acquired the abutters rights of access, it shall enjoin such person from further violation of such control-of-access fence or barrier and shall provide in its order that the department may recover from such person a sum treble the actual expense incurred by the department in restoring the control-of-access fence or barrier.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 131Mr. Homer
CHAPTER 262
AN ACT exempting native Nevada Indians from the provisions of NRS 527.050, relating to the unlawful removal and destruction of certain trees and flora; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.050 is hereby amended to read as follows:
527.050 1. [After March 26, 1937, it shall be] It is unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert flora, or any seeds, roots or bulbs of either or any of the foregoing from any of the lands owned by or under the control of the State of Nevada or the United States, or from any private lands, without a written permit therefor from the owner or occupant of any private land, or his duly authorized agent [.] , or from the federal or state agency which controls or regulates any public land.
2. Every person violating the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor.
κ1969 Statutes of Nevada, Page 462 (CHAPTER 262, AB 131)κ
of a public offense, as prescribed in NRS 193.155, proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor.
3. The state forester firewarden and his representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.
4. The provisions of this section shall not apply:
(a) To persons picking cacti or other desert flora for the use and adornment of homes and gardens within the State of Nevada.
(b) To institutions of learning of this state or of the United States, or research activity conducted for purely scientific purposes or in the advancement of agriculture, botany or any of the sciences.
(c) To Indians, native to Nevada, who gather any such article for food or medicinal use or for sale for themselves and not as employees of any other person, except as to private lands.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 254Committee on Commerce
CHAPTER 263
AN ACT relating to gaming licensing and control; including games operated by charitable or educational organizations under certain conditions in the definition of game; making certain technical changes; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.0110 is hereby amended to read as follows:
463.0110 Game or gambling game means any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine but shall not include social games played solely for drinks, or cigars or cigarettes served individually, [or] games played in private homes or residences for prizes [.] or games operated by charitable or educational organizations which are approved by the board pursuant to the provisions of section 6 of this act.
Sec. 2. NRS 463.142 is hereby amended to read as follows:
463.142 1. At any time within 3 years after [any tax or] any amount of fees, interest, penalties or tax required to be collected pursuant to the provisions of this chapter becomes due and payable, and at any time within 3 years after the delinquency of [any tax or] any amount of such fees, interest, penalties or tax, the commission may bring a civil action in the courts of this state, or any other state, or of the United States, in the name of the State of Nevada to collect the amount delinquent together with penalties and interest.
κ1969 Statutes of Nevada, Page 463 (CHAPTER 263, AB 254)κ
States, in the name of the State of Nevada to collect the amount delinquent together with penalties and interest. An action may be brought even though the person owing the amount is not a gaming licensee under the provisions of this chapter.
2. If the action is brought in this state:
(a) A writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.
(b) The records of the commission shall be prima facie evidence of the determination of the tax or the amount of the tax, the delinquency of the amount set forth and compliance by the commission with all the provisions of this chapter in relation to the computation and determination of the amounts.
Sec. 3. NRS 463.150 is hereby amended to read as follows:
463.150 1. The commission is empowered and shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter.
2. Such regulations may, without limiting the general powers herein conferred, include the following:
(a) Prescribing the method and form of application which any applicant for a gaming license or for a manufacturers, sellers or distributors license shall follow and complete prior to consideration of his application by the board.
(b) Prescribing the information to be furnished by any applicant or licensee concerning such persons antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Requiring fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification.
(d) Prescribing the manner and procedure of all hearings conducted by the board or commission or any hearing examiner of the board or commission, including special rules of evidence applicable thereto and notices thereof.
(e) Requiring any applicant to pay all or any part of the [cost] fees and costs of investigation of such applicant [.] as may be determined by the board.
(f) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(g) Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices for the purposes of this chapter.
(h) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
(i) Governing the manufacture, sale and distribution of gambling devices and equipment.
(j) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the board or commission, except any privilege afforded by the constitutions of the United States or this state.
κ1969 Statutes of Nevada, Page 464 (CHAPTER 263, AB 254)κ
(k) Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others shall be permitted to practice before the board or commission.
Sec. 4. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall investigate any apparent violations of this chapter, [or] chapter 464 or chapter 465 of NRS or any regulations adopted thereunder which come to its attention and, when disciplinary or other action is to be taken against a licensee, shall conduct such investigative hearings with respect thereto as may be necessary. The commission may direct the board to investigate any apparent violations of this chapter, [or] chapter 464 or chapter 465 of NRS or any regulations which come to its attention.
2. If, after such investigation the board is satisfied that a license should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review the same and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
4. After the provisions of subsections 1, 2 and 3 above have been complied with, the commission shall have full and absolute power and authority to:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; and
(c) Fine a licensed gaming establishment in an amount not to exceed $100,000 for the first violation by such establishment, or any individual licensee in an amount not to exceed $50,000 for the first violation by such individual,
for any cause deemed reasonable by the commission. All fines shall be paid to the state treasurer for deposit in the general fund in the state treasury.
5. For the second violation by any licensed gaming establishment or individual licensee, the commission shall revoke the license of such establishment or individual.
6. In the event the commission shall limit, condition, suspend or revoke any license or impose a fine, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.
κ1969 Statutes of Nevada, Page 465 (CHAPTER 263, AB 254)κ
7. Any such limitation, condition, revocation, suspension or fine so made shall be and remain effective until reversed or modified upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.
Sec. 5. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any [dealer in a licensed gaming establishment] gaming employee as defined in NRS 463.335 is convicted of a violation of NRS 465.083, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a [dealer] gaming employee 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] gaming employee holds a work permit issued by the board, revoke such work permit.
(b) If such [dealer] gaming employee 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] gaming employee has not been convicted by a court of record of a violation of NRS 465.083, he is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315.
Sec. 6. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board may approve the operation of a game or games by a charitable or educational organization subject to such conditions and limitations as the board may impose, but no such approval shall be given by the board for the operation of a game or games for more than one event or function conducted or sponsored by one charitable or educational organization during any 1 quarter calendar year.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 302Mr. Swackhamer
CHAPTER 264
AN ACT relating to group insurance; broadening the power of public agencies to participate in group insurance programs; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 287.025 is hereby amended to read as follows:
287.025 [1.] The governing body of any [school district having less than 25 employees] county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada shall have, in addition to the other powers granted in NRS 287.010 and 287.020, the power to negotiate and contract with [any adjoining school district] any other such agency or with the committee on group insurance for the state group insurance plan to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established [by an adjoining school district] or in the state group insurance plan.
κ1969 Statutes of Nevada, Page 466 (CHAPTER 264, AB 302)κ
Nevada shall have, in addition to the other powers granted in NRS 287.010 and 287.020, the power to negotiate and contract with [any adjoining school district] any other such agency or with the committee on group insurance for the state group insurance plan to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established [by an adjoining school district] or in the state group insurance plan.
[2. The governing body of any school district shall have the power to negotiate and contract with any adjoining school district having less than 25 employees, to provide such school districts officers and employees with group insurance in any group insurance plan established or to be established by the school district.]
Sec. 2. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on group insurance shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all such state officers and employees.
2. Negotiate and contract with [any school district in the state having less than 25 employees] the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers and employees by participation in the state group insurance program.
3. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state for the benefit of all eligible state officers and employees who elect to participate in the states group insurance program.
4. Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive.
Sec. 3. NRS 287.044 is hereby amended to read as follows:
287.044 A part of the cost of the monthly premiums of such group insurance, not to exceed $8.54 for each state or other participating [school district] officer or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or [school district] public agency which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency, commission or [school district] public agency for such purpose.
Sec. 4. NRS 287.045 is hereby amended to read as follows:
287.045 1. Every state officer or employee who is employed on a permanent and full-time basis on July 1, 1963, shall be eligible immediately to participate in the states group insurance program.
2. Except as provided in subsection 3, every officer or employee of the state who commences his employment after July 1, 1963, shall be eligible to participate in such program upon the completion of 90 days of full-time employment.
3. University of Nevada professional employees with annual employment contracts shall be eligible to participate in such program upon the effective dates of their respective employment contracts.
4. Every officer or employee who is employed by a participating [school district] public agency on a permanent and full-time basis on the date such [school district] agency enters into an agreement to participate in the states group insurance program, and every officer or employee who commences his employment after that date upon completion of 90 days of full-time employment, shall be eligible to participate in the states group insurance program.
κ1969 Statutes of Nevada, Page 467 (CHAPTER 264, AB 302)κ
date such [school district] agency enters into an agreement to participate in the states group insurance program, and every officer or employee who commences his employment after that date upon completion of 90 days of full-time employment, shall be eligible to participate in the states group insurance program.
Sec. 5. NRS 287.046 is hereby amended to read as follows:
287.046 Any state or other participating [school district] officer or employee who elects to participate in the states group insurance program shall be entitled so to participate, and the department, agency, commission or [school district] public agency which employs such officer or employee shall pay the states share of the cost of the premiums of such group insurance from funds appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program shall authorize deductions from their compensation for the payment of premiums on such insurance.
Sec. 6. NRS 287.047 is hereby amended to read as follows:
287.047 Upon the termination of his employment, any such or other participating [school district] officer or employee may, for any purpose, elect to retain his membership in the states group insurance program if the retention of such membership is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to such program, but no part of the cost of the group insurance premiums shall thereafter be paid by the department, agency, commission or [school district] public agency which employed such officer or employee.
Sec. 7. NRS 287.048 is hereby amended to read as follows:
287.048 Nothing contained in NRS 287.041 to 287.047, inclusive, shall be construed to make it compulsory upon any officer or employee of the State of Nevada or of a participating [school district] public agency to accept or join the states group insurance program, or to assign his wages or salary to or authorize deductions from his wages or salary in payment of group insurance premiums.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 415Mrs. Brookman
CHAPTER 265
AN ACT authorizing the sale of state surplus property to Nevada Indian tribes; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.462 is hereby amended to read as follows:
333.462 Whenever the department of highways declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of such department, or requests that any such tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 2 of NRS 333.220, the chief shall, notwithstanding the provisions of subsection 4 of NRS 333.220, offer the same for sale to the various counties, incorporated cities, [and] volunteer fire departments and Indian tribes organized under the Indian Reorganization Act (25 U.S.C.
κ1969 Statutes of Nevada, Page 468 (CHAPTER 265, AB 415)κ
tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 2 of NRS 333.220, the chief shall, notwithstanding the provisions of subsection 4 of NRS 333.220, offer the same for sale to the various counties, incorporated cities, [and] volunteer fire departments and Indian tribes organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.), in this state in accordance with the provisions of NRS 333.463 to 333.468, inclusive.
Sec. 2. NRS 333.463 is hereby amended to read as follows:
333.463 1. Whenever any tools, implements, machinery or other equipment become available for purchase by counties, cities or volunteer fire departments as provided in NRS 333.462, the chief shall give written notice thereof to the board of county commissioners of each county, the chief executive officer of each incorporated city in the state and, [each] volunteer fire department in the state [.] and each Indian tribe in this state organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.).
2. The notice shall contain:
(a) A description of the specific items or lots of items available for purchase, including the make, model, type, age and serial number of other identification of machinery or equipment;
(b) A statement of the time and place where such items will be available for inspection;
(c) A statement of the place where such items will be delivered to the purchaser;
(d) A statement of the time and place at which sealed bids for the purchase of such items or lots of items will be accepted and the time and place such bids will be opened; and
(e) Such other information as the chief may deem appropriate.
Sec. 3. NRS 333.466 is hereby amended to read as follows:
333.466 1. Upon the opening of bids, the chief shall accept the highest bid for each item or lot of items submitted by any county which conforms to the requirements of NRS 333.464.
2. If no bid conforming to the requirements of NRS 333.464 is received from any county, the chief shall accept the highest conforming bid for each item or lot of items submitted by any incorporated city.
3. If no bid conforming to the requirements of NRS 333.464 is received from any incorporated city, the chief shall accept the highest conforming bid for each item or lot of items submitted by any volunteer fire department.
4. If no bid conforming to the requirements of NRS 333.464 is received from any volunteer fire department, the chief shall accept the highest conforming bid for each item or lot of items submitted by any Indian tribe in this state organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.).
5. If no bid conforming to the requirements of NRS 333.464 is received, the chief may dispose of any such item or lot of items in such other manner as is authorized by law.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 469κ
Assembly Bill No. 577Messrs. Viani and Tim Hafen
CHAPTER 266
AN ACT to amend the title of and to amend an act entitled An act authorizing and empowering the board of county commissioners of Mineral County, Nevada, to sell that certain property commonly known as and called the Mineral County power system, providing the method of making such sale and the minimum offer authorized to be accepted, prohibiting said commissioners in the management of said power system from engaging in any business other than that of selling or distributing electric energy to consumers, providing for the bonding of employees entrusted with money, and prohibiting said commissioners from using any of the proceeds from the management of said power system for any use other than the purchase of power, the payment of interest on bonds and redemption of bonds, and the actual operating and maintenance expense of said system, authorizing the commissioners to sell certain property, authorizing the county commissioners to transfer surplus proceeds to the general fund of Mineral County, and other matters properly connected therewith or appertaining thereto, approved March 26, 1929, as amended.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 139, Statutes of Nevada 1929, as last amended by chapter 353, Statutes of Nevada 1963, at page 761, is hereby amended to read as follows:
Section 1. The board of county commissioners of Mineral County, Nevada, [are] is hereby empowered and authorized to sell [,] or lease, after open negotiation with one or more qualified public utilities authorized to serve consumers within the State of Nevada under the jurisdiction of the public service commission of [the State of] Nevada, as [they] the board may deem best, and subject to the approval of the public service commission of [the State of] Nevada, all or any part of the property belonging to [said] Mineral County known as and commonly called the Mineral County power system, consisting of power lines, stations, machinery, equipment, and all other property used in and for [said] the system and necessary for the use and operation thereof. [Said] The sale or lease shall be made in the manner following:
The board of county commissioners may, by resolution duly passed and entered in the minutes, authorize the sale or lease of [said] the Mineral County power system or any part thereof at a price negotiated by [said commissioners,] the board, subject to the approval of [said sale] the sale or lease by a majority of the [qualified electors] registered voters voting at a general election or a special election called for that purpose on a date fixed by the board of county commissioners by resolution duly passed.
Sec. 2. Section 1.5 of the above-entitled act, being chapter 139, Statutes of Nevada 1929, as added by chapter 353, Statutes of Nevada 1963, at page 762, is hereby amended to read as follows:
Section 1.5. 1. Whenever the board of county commissioners of Mineral County, Nevada, shall propose to sell or lease the Mineral County power system by resolution duly passed and entered in the minutes, the proposal for the approval of [said sale] such sale or lease shall be submitted to the [qualified electors] registered voters of Mineral County at a general election or at a special election called for that purpose.
κ1969 Statutes of Nevada, Page 470 (CHAPTER 266, AB 577)κ
County at a general election or at a special election called for that purpose.
2. The election officers of [the County of] Mineral County who are charged with the duty of providing for and conducting elections as set forth in NRS 293.217 shall follow the procedure set forth in [said] that section and shall provide printed ballots for the use of the voters entitled to vote at the election. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A statement of the proposal to be voted upon.
3. In the event a special election is called for the purpose of approving the sale or lease of the Mineral County power system, and immediately upon receipt by the county clerk of a certified copy of the resolution of the board of county commissioners of Mineral County authorizing [said sale] such sale or lease, and fixing a date for such election, the county clerk shall publish a notice of special election in a newspaper of general circulation in [the County of] Mineral County once a week for 2 successive weeks with the date of the last publication being at least 15 days prior to the election. If no such newspaper is published in [the County of] Mineral [,] County, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice shall contain:
(a) The date of the election.
(b) The location of the polling places.
(c) The hours during which the polling places will be open for voting.
(d) A statement of the proposal to be voted upon.
4. The county clerk shall forward to each justice of the peace [, except those in incorporated cities,] within the county one written or printed notice for each precinct or voting district. Each justice of the peace to whom such notice is delivered shall post the same in a public place in each precinct or voting district in his township or district at least 15 days prior to the date of the special election.
5. The election officers of Mineral County who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If the approval election is held in conjunction with a general election, the same single ballot box shall be used at each polling place.
6. Every citizen of the United States 21 years of age or over who has resided in the state 6 months, in the county 30 days, and in the precinct 10 days next preceding the election shall be entitled to vote at the election, if he has complied with the registration laws of this state.
7. Immediately after the closing of the polls the election officers shall proceed to canvass the ballots. The results disclosed by the canvass shall be certified by the election officers to the board of county commissioners.
8. If a majority of the ballots cast are in favor of the sale or lease as proposed by the board of county commissioners of Mineral County of the Mineral County power system, the proposal to sell or lease the Mineral County power system shall have been carried and the proper officers of Mineral County shall be authorized to complete the sale or lease of such Mineral County power system.
9. If a majority of the ballots are against the sale or lease of the Mineral County power system, the proposal to sell or lease the Mineral County power system shall have failed, the proper officers of the Mineral County power system shall proceed no further with the sale or lease of the [said] Mineral County power system, and all acts or agreements theretofore made by [said] the board of county commissioners in relation to [said sale] such sale or lease shall be considered null and void and of no effect.
κ1969 Statutes of Nevada, Page 471 (CHAPTER 266, AB 577)κ
Mineral County power system, the proposal to sell or lease the Mineral County power system shall have failed, the proper officers of the Mineral County power system shall proceed no further with the sale or lease of the [said] Mineral County power system, and all acts or agreements theretofore made by [said] the board of county commissioners in relation to [said sale] such sale or lease shall be considered null and void and of no effect.
10. Where not specifically provided for in this act, the general election laws of the State of Nevada shall govern where applicable.
Sec. 3. Section 2 of the above-entitled act, being chapter 139, Statutes of Nevada 1929, at page 178, is hereby amended to read as follows:
Section 2. All money received by the board of county commissioners of Mineral County for the sale or lease of the Mineral County power system shall be deposited in the Mineral County light and power bond redemption fund of Mineral County, to be used as provided by law, until all of [said] the bonds and the interest thereon have been fully paid, and any sum remaining in [said] such fund after redemption of [said] the bonds and the interest thereon same shall be transferred to the general fund of the county and used as other general funds.
Sec. 4. The title of the above-entitled act, being chapter 139, Statutes of Nevada 1929, as last amended by chapter 127, Statutes of Nevada 1941, at page 295, is hereby amended to read as follows:
An act authorizing and empowering the board of county commissioners of Mineral County, Nevada, to sell or lease that certain property commonly known as and called the Mineral County power system, providing the method of making such sale and the minimum offer authorized to be accepted, prohibiting said commissioners in the management of said power system from engaging in any business other than that of selling or distributing electric energy to consumers, providing for the bonding of employees entrusted with money, and prohibiting said commissioners from using any of the proceeds from the management of said power system for any use other than the purchase of power, the payment of interest on bonds and redemption of bonds, and the actual operating and maintenance expense of said system, authorizing the commissioners to sell certain property, authorizing the county commissioners to transfer surplus proceeds to the general fund of Mineral County, and other matters properly connected therewith or appertaining thereto.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 472κ
Assembly Bill No. 579Committee on Labor and Management
CHAPTER 267
AN ACT increasing compensation to be paid employees within the provisions of the Nevada Industrial Insurance Act for death benefits and for permanent partial disability and temporary total and permanent total disability.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.580 is hereby amended to read as follows:
616.580 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for permanent total disability:
1. In cases of total disability adjudged to be permanent, compensation [of $188.50 per month;] per month of 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional [$43.50 per month for each dependent, but not more than $261 per month.] 15 percent for each dependent, but not more per month than 90 percent of the average monthly wage. Any excess of wages over $320 per month shall not be taken into account in computing such compensation.
2. In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.
3. Those recipients who have been adjudged to be permanent disability cases, and are receiving $188.50 per month plus dependency allowance on the effective date of this act shall continue to receive such benefits, and they shall not participate in any increase in benefits resulting from the amendment of subsection 1.
Sec. 2. NRS 616.585 is hereby amended to read as follows:
616.585 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:
1. During the period of temporary total disability, but in no event for more than 100 months, 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman during the time for which compensation is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.
2. Any excess of wages over [$350] $385 a month shall not be taken into account in computing such compensation.
κ1969 Statutes of Nevada, Page 473 (CHAPTER 267, AB 579)κ
Sec. 3. NRS 616.590 is hereby amended to read as follows:
616.590 In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of [$180] $200 per month, shall be paid for the period named in the following schedule:
Arms.
Amputation at shoulder or between shoulder and elbow, major arm ............................................................................................. 60 months
Amputation at shoulder or between shoulder and elbow, minor arm ............................................................................................. 50 months
Amputation at elbow, major arm.................................................. 56 2/3................................................................................... months
Amputation at elbow, minor arm.................................................. 46 2/3................................................................................... months
Amputation between elbow and wrist joint, major arm............ 53 1/3................................................................................... months
Amputation between elbow and wrist joint, minor arm............ 43 1/3................................................................................... months
The permanent and complete loss of the use of an arm may be deemed the same as the loss of an arm by separation.
For the partial loss of use of an arm, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.
Eyes and loss of sight.
For the loss of an eye by enucleation......................................... 50 months
For the permanent and complete loss of sight in one eye without enucleation............................................................................ 40 months
For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.
Feet.
For the loss of a foot..................................................................... 40 months
The permanent and complete loss of the use of a foot may be deemed the same as the loss of a foot by separation.
For the partial loss of a foot, 50 percent of the average monthly wage during that portion of the number of months provided in this section for the complete loss of use of a foot, which the partial loss of use thereof bears to the total loss of use of a foot.
Fingers and thumbs.
For the loss of a thumb................................................................. 15 months
For the loss of one-half of the distal phalange of a thumb...... 4 months For the loss of a first finger, commonly called the index finger............................................................... 9 months
κ1969 Statutes of Nevada, Page 474 (CHAPTER 267, AB 579)κ
For the loss of a first finger, commonly called the index finger 9................................................................................... months
For the loss of one-half of the distal phalange of a first finger 2 1/2................................................................................... months
For the loss of a second finger.................................................... 7 months
For the loss of one-half of a distal phalange of a second finger 1 1/2................................................................................... months
For the loss of a third finger......................................................... 5 months
For the loss of a fourth finger, commonly called the little finger 4................................................................................... months
The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.
The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one thumb or finger exceed the amount provided in this section for the loss of a hand.
The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third or fourth finger shall be considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.
For the partial loss of use of a finger or thumb, 50 percent of the average monthly wage during the proportion of the number of months provided in this section for the complete loss of use of a finger or thumb, which the partial loss of use thereof bears to the total loss of use of a finger or thumb.
Hands.
Amputation of major hand at wrist.............................................. 50 months
Amputation of minor hand at wrist............................................. 40 months
The permanent and complete loss of the use of a hand may be deemed the same as the loss of a hand by separation.
For the partial loss of use of a hand, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a hand, which the partial loss of use thereof bears to the total loss and use of a hand.
Head and facial disfigurement.
For permanent disfigurement about the head or face the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed 12 months.
κ1969 Statutes of Nevada, Page 475 (CHAPTER 267, AB 579)κ
Hearing.
For permanent and complete loss of hearing in both ears....... 60 months
For permanent and complete loss of hearing in one ear.......... 20 months
For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.
Legs.
For the loss of a leg....................................................................... 50 months
The permanent and complete loss of the use of a leg may be deemed the same as the loss of a leg by separation.
For the partial loss of use of a leg, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a leg, which the partial loss of use thereof bears to the total loss of use of a leg.
Toes.
For the loss of a great toe............................................................. 7 months
For the loss of one of the other toes, other than the great toes 2 1/2................................................................................... months
The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.
The loss of more than one phalange shall be considered as the loss of the entire toe.
The permanent and complete loss of the use of a toe may be deemed the same as the loss of a toe by separation.
For the partial loss of use of a toe, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a toe, which the partial loss of use thereof bears to the total loss of use of a toe.
Sec. 4. NRS 616.605 is hereby amended to read as follows:
616.605 1. In all cases of permanent partial disability not otherwise specified in NRS 616.590, 616.595 and 616.600, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality the period of 1 month shall represent a 1-percent disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of [$180] $200 per month, shall be paid for the period so determined.
κ1969 Statutes of Nevada, Page 476 (CHAPTER 267, AB 579)κ
2. In determining the percentage of disability, consideration shall be given, amount other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.
3. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
4. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
Sec. 5. NRS 616.615 is hereby amended to read as follows:
616.615 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
1. Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed $650. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.
2. Widow without children. To the widow, if there is no child, 50 percent of the average monthly wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years compensation in one sum upon remarriage.
3. Widower without children. To the widower, if there is no child, 40 percent of the average monthly wage of the deceased employee, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
4. Widow or widower with children.
(a) To the widow or widower, if there is a child or children, the compensation payable under subsection 1 and subsection 2, and the additional amount of 15 percent of such wage for each child until the child reaches the age of 18 years.
(b) In case of the subsequent death of the surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to the surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he or they shall reach the age of 18 years; but the total amount payable shall in no case exceed 80 percent of such wage.
(c) If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to the guardian.
(d) The compensation payable on account of any child shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.
κ1969 Statutes of Nevada, Page 477 (CHAPTER 267, AB 579)κ
when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.
5. Surviving children but no surviving wife or dependent husband. If there be a surviving child or children of the deceased employee under the age of 18 years, but no surviving wife (or dependent husband), then for the support of each child until he reaches the age of 18 years, 30 percent of the average monthly wage of the deceased employee; but the aggregate shall in no case exceed 90 percent of such wage.
6. Dependent parents, brothers and sisters. If there be no surviving wife (or dependent husband) or child under the age of 18 years, there shall be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 50 percent of the average monthly wage of the deceased employee during dependency.
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.
(d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 80 percent of the average monthly wage of the deceased employee during dependency.
7. Questions of total or partial dependency.
(a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
9. Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.
10. Excess of wage not considered in computing death benefit. Any excess of wages over [$305] $335 a month shall not be taken into account in computing compensation for death benefits.
κ1969 Statutes of Nevada, Page 478 (CHAPTER 267, AB 579)κ
11. Lump sum settlements not allowed. In cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.
12. Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed $500 shall be paid.
________
Assembly Bill No. 666Committee on Judiciary
CHAPTER 268
AN ACT relating to proceedings before the magistrate; permitting the magistrate to appoint an attorney for an indigent defendant for proceedings in the justices court; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.188 is hereby amended to read as follows:
171.188 1. Any defendant charged with a felony or a gross misdemeanor who is an indigent may, by [written application addressed to the district court and delivered to the] oral statement to the district judge or magistrate, request the appointment of an attorney to represent him.
2. [The application] Such request shall be accompanied by the defendants affidavit, which shall state:
(a) That he is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainty concerning his financial disability.
3. The district judge or magistrate shall forthwith [transmit the application and affidavit to the appropriate judge of the district court. If, after reading the application and affidavit and conducting] consider the application and shall make such further inquiry as he may deem necessary. [, the judge] If the district judge or magistrate finds that the defendant is without means of employing an attorney, the judge or magistrate shall appoint an attorney or designate the public defender to represent him.
4. The provision in this section for the appointment of an attorney by the magistrate sitting as a justice of the peace shall be limited to proceedings in the justices court.
Sec. 2. NRS 7.260 is hereby amended to read as follows:
7.260 1. An attorney other than a public defender appointed by a magistrate or a district court to represent a defendant before a magistrate or to defend a person charged with any offense by indictment or information, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, is entitled to receive a fee to be set at the discretion of the appointing court, judge or justice, but the fee shall not be set at more than $200 for services in a justices court and $300 for services in a district court unless the crime is punishable by death, in which event the fee for services in a district court shall not be set at more than $1,000.
κ1969 Statutes of Nevada, Page 479 (CHAPTER 268, AB 666)κ
a district court unless the crime is punishable by death, in which event the fee for services in a district court shall not be set at more than $1,000. The fee shall be paid from the county treasury, unless the proceeding is based upon a petition for a writ of habeas corpus filed by an indigent petitioner imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, or upon an automatic appeal, in which cases the fee shall be paid from the reserve for statutory contingency fund pursuant to NRS 353.264.
2. If such an attorney is called by a court into a county other than the county in which he has his office, he shall be allowed in addition to the fee provided in subsection 1 traveling expenses and subsistence allowance in the amounts specified in NRS 281.160.
3. Compensation for services and expenses which is a county charge shall be paid by the county treasurer out of any moneys in the county treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed. Compensation for services and expenses which is a state charge shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.
4. An attorney cannot, in such case, be compelled to follow a case to another county or into the supreme court, and if he does so, he may recover an enlarged compensation to be graduated on a scale corresponding to the sums allowed.
Sec. 3. NRS 260.030 is hereby amended to read as follows:
260.030 1. The public defender shall be a qualified attorney licensed to practice in this state.
2. The public defender shall, when designated by the appropriate magistrate or judge of the district court, represent, without charge, each indigent person who is under arrest and held for a crime which constitutes a felony or gross misdemeanor.
Sec. 4. NRS 260.050 is hereby amended to read as follows:
260.050 When representing an indigent person, the public defender shall:
1. Counsel and defend him, if he is held in custody and charged with a public offense amounting to a felony or gross misdemeanor, at every stage of the proceedings following his designation by the appropriate magistrate or judge of the district court; and
2. Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
Sec. 5. NRS 260.060 is hereby amended to read as follows:
260.060 For cause, the magistrate or district court may, on its own motion or upon motion of the public defender or the indigent person, appoint and compensate out of county funds an attorney other than, or in addition to, the public defender to represent such indigent person at any stage of the proceedings or on appeal in accordance with the laws of this state pertaining to the appointment of counsel to represent indigent criminal defendants.
________
κ1969 Statutes of Nevada, Page 480κ
Senate Bill No. 173Senator Fransway
CHAPTER 269
AN ACT relating to the control of rodents; permitting the formation of rodent control districts; providing a penalty; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. The legislature declares that it is primarily the responsibility of each owner or occupier of land in this state to control rodents on his own land, but finds that in certain areas this responsibility can best be discharged through cooperation in organized districts.
Sec. 3. 1. The board of county commissioners of any county shall create one or more rodent control districts in that portion of the county which lies outside any incorporated city or incorporated town if there is filed a petition which:
(a) Designates the area to the included in the rodent control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by the owners of more than 50 percent in assessed valuation, as shown by the current assessment roll of the county, of the lands to be included in the rodent control district.
2. Before creating a rodent control district, the board of county commissioners shall hold at least one public hearing, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any rodents which exist on such land do not render substantially more difficult the control of rodents on other lands in the proposed district.
Sec. 4. 1. The board of county commissioners of any county in which a rodent control district has been created shall appoint a board of directors of the district composed of three persons who:
(a) Are landowners in the district, whether or not they signed the petition for its creation. For the purpose of this paragraph, if any corporation or partnership owns land in the district, a partner or a director, officer or beneficial owner of 10 percent or more of the stock of the corporation shall be deemed a landowner.
(b) Fairly represent the agricultural economy of the district.
2. The initial appointments to the board of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent appointment shall be for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term.
κ1969 Statutes of Nevada, Page 481 (CHAPTER 269, SB 173)κ
Sec. 5. The board of directors of a rodent control district may:
1. With the approval of the executive director of the state department of agriculture, appoint a rodent control officer.
2. Receive and expend any moneys provided by assessment, voluntary contribution or otherwise for the control of rodents in the district.
3. Exercise any other power necessary or proper to effectuate the purposes for which the district exists.
4. Elect a chairman from among its members, and secretary who may or may not be a member.
Sec. 6. The state board of agriculture shall, after a hearing held in the county, promulgate regulations for each rodent control district which shall include but are not limited to:
1. The species of rodents to be controlled in the district.
2. The means of control, including a designation of the types of rodenticides permitted and the movement from, to and within the district of agricultural products and other vectors capable of spreading the rodents designated for control.
Sec. 7. 1. Within 60 days after regulations have been promulgated for any rodent control district, each landowner in the district shall file with the board of directors:
(a) A sketch of his land; and
(b) A plan for the control of rodents on his land.
2. If any landowner fails to submit the plan as required by subsection 1, the rodent control officer shall prepare such a plan.
3. The board of directors shall consider each plan submitted by a landowner or prepared by the rodent control officer and shall, consistently with the regulations for the district:
(a) Approve the plan; or
(b) Require specified changes in the plan.
4. If any landowner fails to carry out the plan of rodent control for his land as approved or modified by the board of directors, the rodent control officer may, after giving 10 days notice in writing to the owner by registered or certified mail directed to his last-known address, enter upon the land, perform any work necessary to carry out the plan, and charge such work against the landowner. Any such charge, until paid, is a lien against the land affected coequal with a lien for unpaid general taxes, and may be enforced in the same manner.
Sec. 8. 1. Upon the preparation and approval of a budget in the manner required by the Local Government Budget Act, the board of county commissioners shall, by resolution, levy an assessment upon all real property in the rodent control district.
2. Every assessment so levied shall be a lien against the property assessed.
3. The county commissioners may obtain short-term loans of an amount of money not to exceed the total amount of such assessment, for the purpose of paying the expenses of controlling the rodents in a rodent control district. Such loans may be made only after such assessments are levied.
Sec. 9. Any person violating any of the provisions of sections 2 to 8, inclusive, of this act, or failing, refusing or neglecting to perform or observe any conditions or regulation prescribed by the state board of agriculture, in accordance with the provisions of sections 2 to 6, inclusive, of this act, is guilty of a misdemeanor.
κ1969 Statutes of Nevada, Page 482 (CHAPTER 269, SB 173)κ
observe any conditions or regulation prescribed by the state board of agriculture, in accordance with the provisions of sections 2 to 6, inclusive, of this act, is guilty of a misdemeanor.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 214Senators Harris and Hug
CHAPTER 270
AN ACT relating to the Nevada state prison; conferring peace officer status on certain personnel of the Nevada state prison; and providing other matters properly relating thereto.
[Approved April 10, 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:
1. The warden, deputy warden and correctional officers of the Nevada state prison shall have the powers and privileges of peace officers when pursuing an escaped prisoner or returning him to the prison.
2. Other employees of the Nevada state prison shall have the powers and privileges of peace officers while pursuing an escaped prisoner or returning him to the prison, if so directed by the warden.
3. Employees of the Nevada state prison shall have the powers of peace officers while transporting, escorting or exercising control over prisoners outside the confines of the prison.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 235Committee on Health and Welfare
CHAPTER 271
AN ACT relating to overpayments to welfare recipients; authorizing restitution of overpayments fraudulently received; creating a presumption; providing a penalty; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.250 is hereby amended to read as follows:
425.250 1. Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, or assistance greater than that to which he is entitled, and with the intent to defeat the purposes of this chapter, shall be guilty of a gross misdemeanor.
κ1969 Statutes of Nevada, Page 483 (CHAPTER 271, SB 235)κ
he is entitled, and with the intent to defeat the purposes of this chapter, shall be guilty of a gross misdemeanor.
2. For the purposes of subsection 1, whenever a recipient of assistance under the provisions of this chapter receives an overpayment of benefits for the third time and such overpayments have resulted from a false statement or representation by such recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that such payment was fraudulently received.
Sec. 2. NRS 427.280 is hereby amended to read as follows:
427.280 1. It is unlawful for any person knowingly to obtain, or attempt to obtain, or aid or abet any person to obtain, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance to which he is not entitled or assistance greater than that to which he is justly entitled.
2. It is unlawful for any recipient to dispose of his property without the consent of the welfare division and with the intent to defeat the purposes of this chapter.
3. It is unlawful for any person to aid or abet in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the welfare division and with the intent to defeat the purposes of this chapter.
4. Any person violating the provisions of subsection 1 shall be guilty of a gross misdemeanor, and any person violating any of the other provisions of this section shall be guilty of a misdemeanor. In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received.
Sec. 3. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, or assistance greater than that to which he is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.
2. For the purposes of subsection 1, whenever a recipient of assistance under the provisions of this chapter receives an overpayment of benefits for the third time and such overpayments have resulted from a false statement or representation by such recipient or from the failure of the recipient to notify the welfare division of the department of health, welfare and rehabilitation of a change in his circumstances which would affect the amount of assistance such recipient receives, a rebuttable presumption arises that such payment was fraudulently received.
Sec. 4. Chapter 427 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. Whoever, by means of a false statement or representation or by impersonation or other fraudulent device, obtains assistance or aid or aids or abets any person to obtain assistance to which he is not entitled shall make restitution and all actions necessary to secure restitution may be brought against him.
κ1969 Statutes of Nevada, Page 484 (CHAPTER 271, SB 235)κ
Sec. 6. For the purposes of NRS 427.280, whenever a recipient of assistance under the provisions of this chapter receives an overpayment of benefits for the third time and such overpayments have resulted from a false statement or representation by such recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that such payment was fraudulently received.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 251Committee on Judiciary
CHAPTER 272
AN ACT relating to executors; providing for the nomination of a substitute under certain circumstances; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 138 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who is named as executor under a will, either alone or with another or others, who is not incompetent by virtue of NRS 138.020, may appoint a substitute if:
(a) The person so named is unable by reason of absence from the state or other personal reason to undertake the execution of the will; and
(b) The testator has not designated an alternate to serve in place of the named executor, or such alternate is unable to serve.
2. A person named as alternate executor who is not incompetent by virtue of NRS 138.020 may appoint a substitute if:
(a) The named alternate is unable to serve; and
(b) A named executor has not designated a substitute.
3. The substitute, unless otherwise disqualified under this chapter, is entitled to letters testamentary in like manner as if he had been named in the will.
________
Senate Bill No. 255Committee on Judiciary
CHAPTER 273
AN ACT relating to the administration of trusts; providing that certain trustees furnish annual accountings to beneficiaries rather than filing an accounting with the court; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 164.030 is hereby amended to read as follows:
164.030 1. Any trustee whose appointment has been confirmed, as provided in NRS 164.010, at any time thereafter may petition the court for instructions in the administration of the trust or for a construction of the trust instrument, or upon or after the filing of [any] a final account, for the settlement and allowance thereof.
κ1969 Statutes of Nevada, Page 485 (CHAPTER 273, SB 255)κ
for instructions in the administration of the trust or for a construction of the trust instrument, or upon or after the filing of [any] a final account, for the settlement and allowance thereof.
2. Upon the filing of the petition the court shall make an order fixing a time and place for hearing thereof, unless hearing has been waived in writing by the beneficiaries of the trust.
3. Unless otherwise ordered by the court, notice of the hearing shall be given as follows:
(a) The clerk shall cause a copy of the order to be posted at the courthouse of the county where the proceedings are pending, at least 10 days before the day of the hearing; and
(b) The trustee filing such petition shall cause a copy of the order to be delivered to the beneficiaries of the trust as follows:
(1) By handing the notice or copy to the beneficiary personally or to his guardian, or attorney of record; or
(2) By sending it by registered mail with return receipt requested to such beneficiary, or his guardian or attorney of record, at the last-known address of the addressee.
4. Upon the hearing the court shall make such order as it deems appropriate, which order shall be final and conclusive as to all matters thereby determined and binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the supreme court may be taken from the order within 30 days from the entry thereof by filing notice of appeal with the clerk of the district court, who shall mail a copy of the notice to each adverse party who has appeared of record.
5. A trustee whose appointment has been confirmed, as provided in NRS 164.010, shall furnish to each beneficiary of the trust periodic accounts in the manner provided by NRS 165.135.
Sec. 2. NRS 164.020 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 271Committee on Education
CHAPTER 274
AN ACT relating to private schools; removing such schools offering preparatory courses for an occupation from the jurisdiction of the state board of education; requiring certain schools to obtain a permit from such board; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 394.010 is hereby amended to read as follows:
394.010 As used in NRS 394.010 to 394.120, inclusive:
1. Person includes a company, partnership, association or corporation, as well as a natural person.
2. School means any educational institution or class maintained or conducted for the purpose of offering instruction to five or more students at one and the same time or to 25 or more students during any calendar year, the purpose of which is to educate an individual generally or specially, or to prepare an individual for more advanced study, [or for an occupation,] and includes all schools, colleges, universities and other institutions engaged in such education, except:
κ1969 Statutes of Nevada, Page 486 (CHAPTER 274, SB 271)κ
or conducted for the purpose of offering instruction to five or more students at one and the same time or to 25 or more students during any calendar year, the purpose of which is to educate an individual generally or specially, or to prepare an individual for more advanced study, [or for an occupation,] and includes all schools, colleges, universities and other institutions engaged in such education, except:
(a) Schools maintained by the state or any of its political subdivisions and supported by public funds.
(b) Schools or school systems for elementary, secondary and higher education operated or conducted by religious organizations.
(c) Schools, colleges and universities specifically exempted by NRS 394.020.
(d) Schools licensed under the provisions of NRS 394.200 to 394.420, inclusive.
Sec. 2. NRS 394.020 is hereby amended to read as follows:
394.020 1. In addition to those schools exempt by definition, under NRS 394.010, the following types of schools are exempted from the provisions of NRS 394.010 to 394.120, inclusive:
(a) Schools maintained or classes conducted by employers for their own employees where no fee or tuition is charged.
(b) Courses of instruction on religious subjects given under the auspices of a religious organization.
(c) Courses of instruction given by any fraternal society or benevolent order to its members or their immediate relatives, which courses are not operated for profit.
(d) Schools which are under state or federal supervision.
[(e) Business colleges qualified and accredited by the National Association and Council of Business Schools.
(f) Schools of cosmetology licensed and registered by the state board of cosmetology.
(g) Flying schools qualified under the Civil Aeronautics Administration.
(h) Any school qualified and certified or able to qualify under the Veterans Readjustment Assistance Act of 1952, being 38 U.S.C. § 1601 et seq.
(i) Schools which do not purport to be colleges or universities, and which by nature are specialized and acknowledge completion merely by certificate of completion and not by granting of a degree.
(j) Schools maintained or classes conducted for apprentices by recognized labor unions.]
2. Any exempt school may choose to apply for a license under NRS 394.010 to 394.120, inclusive, and upon approval and issuance thereof shall be subject to the provisions of NRS 394.010 to 394.120, inclusive.
Sec. 3. NRS 394.200 is hereby amended to read as follows:
394.200 As used in NRS 394.210 to 394.420, inclusive, unless the context otherwise requires:
1. Board means the state board of education.
2. Privately owned correspondence, business or trade school means a school maintaining a place of business in Nevada from which or in which it gives training for a consideration or remuneration in any business, trade, technical or industrial occupation, but does not include:
κ1969 Statutes of Nevada, Page 487 (CHAPTER 274, SB 271)κ
(a) Public or tax-supported institutions.
(b) Parochial, denominational or eleemosynary institutions.
(c) Schools licensed under other provisions of Nevada law.
(d) Schools primarily offering instruction in the avocational, recreational or entertainment fields, including schools of dancing, schools of charm and schools of photography.
(e) Correspondence schools accredited by the National Home Study Council.
(f) Schools belonging to accredited associations recognized by the Office of Education of the Department of Health, Education and Welfare.
(g) Flying schools certificated by the Federal Aviation Administration.
(h) Schools maintained or classes conducted for apprentices by recognized labor unions.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 315Committee on Finance
CHAPTER 275
AN ACT relating to the buildings and grounds division of the department of administration; permitting the superintendent to charge the public for use of the auditorium on the first floor of the legislative building; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 331 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The superintendent may establish and charge such fees as may be reasonable for the use by the public of the auditorium on the first floor of the legislative building.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 322Clark County Delegation
CHAPTER 276
AN ACT relating to the eradication of forest pests by the state forester firewarden; clarifying the method of establishing the cost to be paid by a private landowner.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.200 is hereby amended to read as follows:
527.200 1. If an owner fails to take appropriate measures to destroy forest pests on his property within 30 days after the service of notice to do so as provided in NRS 527.180, the state forester may, without further notice, take such action as he may deem necessary to effect control measures to eradicate the forest pests upon such land.
κ1969 Statutes of Nevada, Page 488 (CHAPTER 276, SB 322)κ
do so as provided in NRS 527.180, the state forester may, without further notice, take such action as he may deem necessary to effect control measures to eradicate the forest pests upon such land.
2. The cost of any such control measures may be paid from the forest pests control fund; but such costs, or such portion thereof as the state forester may determine, shall be a lien on all land of the owner within the zone of infestation.
3. The state forester may apply, on such basis as he may deem equitable, any moneys made available to him by the Federal Government, by the state or by any public or private agency for the purpose of controlling forest pests to defray all or any portion of the cost of control measures effected on privately owned lands. [Unless full reimbursement is provided for, any moneys made available by the state shall not be used for control measures on privately owned lands.]
4. Upon completion of control measures on any privately owned lands, the state forester shall file with the board of county commissioners of the county or counties in which such lands are located an itemized and sworn statement setting forth the date when such work was done, the nature of such work and the portion of the cost thereof not defrayed by funds made available under subsection 3 and chargeable to each owner upon whose lands the work was performed. The board of county commissioners shall thereupon present a bill to each owner for the costs payable by him, and if such owner fails for 30 days thereafter to pay the same such bill and costs shall be collected in the manner in which delinquent taxes are collected.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 318Senator Dodge
CHAPTER 277
AN ACT relating to irrigation districts; increasing the authorized redemption premiums on bonds of such districts; increasing the authorized denominations of such bonds and increasing the authorized interest rate; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.620 is hereby amended to read as follows:
539.620 The board of directors shall have the power, with the approval of a majority of the members of the irrigation district bond commission, to fix and determine otherwise than as provided in NRS 539.617 the time for the issuance and maturity of the bonds, the manner, method, terms and conditions of their payment, and to provide for the calling and redeeming of the bonds before maturity at a premium not in excess of [2] 7 percent above par; but in no case shall the maturity of any bond be more than 50 years from the date thereof.
κ1969 Statutes of Nevada, Page 489 (CHAPTER 277, SB 318)κ
Sec. 2. NRS 539.627 is hereby amended to read as follows:
539.627 The bonds shall each be of a denomination of not less than $100. [, nor more than $1,000.]
Sec. 3. NRS 539.630 is hereby amended to read as follows:
539.630 The bonds shall bear interest at the rate of not to exceed [6] 7 percent per annum, payable semiannually on January 1 and July 1 of each year.
Sec. 4. NRS 539.6363 is hereby amended to read as follows:
539.6363 1. To levy and collect taxes, the board of directors shall:
(a) Determine in each year the amount of money necessary to be raised by general (ad valorem) taxation, taking into consideration other sources of revenue of the district; and
(b) Fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district and together with other revenues, will raise the amount required by the district annually to supply funds for paying promptly in full, when due, all interest on and principal of bonds of the district.
In the event of accruing defaults or deficiencies, an additional levy may be made as provided in NRS 539.6364.
2. The board of directors shall certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed, with directions that at the time and in the manner required by law for levying taxes for county purposes, such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
3. The board of directors shall levy such general (ad valorem) taxes upon all property in the district which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation now or hereafter existing and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
4. Any such general (ad valorem) tax levy shall enjoy the same priority as provided by NRS [350.250,] 350.600, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 490κ
Senate Bill No. 331Committee on Judiciary
CHAPTER 278
AN ACT relating to county recorders; requiring county recorders to note redemptions upon the index of a certificate of sale when the records are photographed; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 21.220 is hereby amended to read as follows:
21.220 1. If property be so redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption with 2 percent thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and in addition the amount of any liens held by the last redemptioner prior to his own, with interest; but the judgment under which the property was sold need not be so paid as a lien.
2. The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within 60 days after the last redemption, on paying the sum paid on the last previous redemption, with 2 percent thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest.
3. Written notice of redemption must be given to the sheriff and a duplicate filed with the recorder of the county; and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder; and if such notice be not filed, the property may be redeemed without paying such tax, assessment or lien.
4. If no redemption be made within 1 year after the sale, the purchaser, or his assignee, is entitled to a conveyance; or, if so redeemed, whenever 60 days have elapsed and no other redemption has been made and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriffs deed; but in all cases the judgment debtor shall have the entire period of 1 year from the date of the sale to redeem the property.
5. If the judgment debtor redeem, he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeem, the effect of the sale is terminated, and he is restored to his estate.
6. Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged or approved before an officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the recorder of the county in which the property is situated, and the recorder must note the record thereof: [in]
κ1969 Statutes of Nevada, Page 491 (CHAPTER 278, SB 331)κ
(a) In the margin of the record of the certificate of sale.
(b) If the certificate is recorded by microfilm, as provided in NRS 239.070, in the margin of the index of the certificate of sale.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 336Committee on Taxation
CHAPTER 279
AN ACT relating to the vehicle privilege tax; providing that the department of motor vehicles may retain penalties for late payment; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 371.140 is hereby amended to read as follows:
371.140 1. If the privilege tax is not paid within 30 days after it becomes delinquent, a penalty equal to 10 percent of the tax, but not less than $3, shall be added thereto and be collected therewith, but, if the annual registration of a vehicle is being renewed, the penalty shall be added to any payment made on or after the 31st day of the registration year, unless the vehicle has not been operated on the highways since the expiration of the prior registration. The department may retain any penalty so collected.
2. Evidence of nonoperation of a vehicle shall be made by an affidavit executed by a person having knowledge of the fact. The affidavit shall accompany the application for renewal of registration.
________
Senate Bill No. 337Committee on Judiciary
CHAPTER 280
AN ACT relating to instruments entitled to recordation; providing for the use of a stamp by the officer acknowledging the instrument; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 111.310 is hereby amended to read as follows:
111.310 1. A certificate of the acknowledgment of any conveyance or other instrument in any way affecting the title to real or personal property, or the proof of the execution thereof, as provided in this chapter, signed by the officer taking the same, and under the seal or stamp of such officer, if such officer is required by law to have a seal or stamp, shall entitle such conveyance or instrument, with the certificate or certificates, to be recorded in the office of the recorder of any county in this state.
κ1969 Statutes of Nevada, Page 492 (CHAPTER 280, SB 337)κ
officer, if such officer is required by law to have a seal or stamp, shall entitle such conveyance or instrument, with the certificate or certificates, to be recorded in the office of the recorder of any county in this state.
2. Any state or United States contract or patent for land may be recorded without any acknowledgment or proof.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 343Committee on Federal, State and Local Governments
CHAPTER 281
AN ACT relating to public libraries; authorizing merger of certain libraries with other libraries; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.345 is hereby amended to read as follows:
266.345 The city council shall have the power:
1. To provide for the burial of the indigent dead and to pay the expenses thereof.
2. To authorize the taking, and to provide for the safekeeping and education for such periods of time as may be expedient, of all children who are destitute of proper parental care.
3. To establish, maintain and regulate free public libraries, and reading rooms as is or may be provided by law, [and] to perpetuate free libraries and reading rooms as may have been heretofore established in such cities [.] , or to provide for the merger of such libraries with other free public libraries.
Sec. 2. NRS 379.025 is hereby amended to read as follows:
379.025 1. The library trustees of any county, district or town library, and their successors, shall:
(a) Hold and possess the property and effects of the library and reading room in trust for the public.
(b) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(c) In the case of a district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
2. The library trustees may:
(a) Establish, supervise and maintain a library and reading room.
(b) Make purchases and secure rooms.
(c) Appoint a librarian and other officers and employ assistants.
(d) Establish bylaws and regulations for the management of the library and their own management.
(e) Manage all the property, real and personal, of the library.
κ1969 Statutes of Nevada, Page 493 (CHAPTER 281, SB 343)κ
(f) Acquire and hold real and personal property, by gift, purchase or bequest, for the library and reading room.
(g) Administer any trust declared or created for the library and reading room.
(h) Maintain or defend any action in reference to the property or affairs of the library and reading room.
(i) Authorize the merger of a town or city library with a county library district.
(j) Do all acts necessary for the orderly and efficient management and control of the library.
Sec. 3. NRS 379.050 is hereby amended to read as follows:
379.050 1. Whenever a new county library shall be provided for in any county having a population of 15,000 or more persons, the library trustees of any district library in the county previously established are authorized to transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the library trustees of the new library.
2. Whenever there are two or more county library districts in any county having a population of 15,000 or more persons, such districts may merge into one county library district upon approval of the library trustees of the merging districts.
3. Whenever there is a city or a town library located adjacent to a county library district, the city or town library may merge with the county library district upon approval of the library trustees of the merging library and district.
4. All expenses incurred in making such transfer or merger shall be paid out of the general fund of the new library.
Sec. 4. NRS 379.105 is hereby amended to read as follows:
379.105 1. The governing body of the city shall determine whether:
(a) To constitute itself the governing authority of the library; or
(b) To appoint a board of trustees as such governing authority.
2. If library trustees are appointed, they and their successors shall:
(a) Hold and possess the property and effects of the library and reading room in trust for the public; and
(b) Submit annual budgets to the governing body of the city, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
3. If appointed, the library trustees may:
(a) Establish, supervise and maintain a library and reading room.
(b) Make purchases and secure rooms.
(c) Appoint a librarian and other officers and employ assistants.
(d) Establish bylaws and regulations for the management of the library and their own management.
(e) Manage all the property, real and personal, of the library.
(f) Acquire and hold real and personal property, by gift, purchase or bequest, for the library and reading room.
(g) Administer any trust declared or created for the library and reading room.
(h) Maintain or defend any action in reference to the property or affairs of the library and reading room.
κ1969 Statutes of Nevada, Page 494 (CHAPTER 281, SB 343)κ
(i) Authorize the merger of a city library with a county library district.
(j) Do all acts necessary for the orderly and efficient management and control of the library.
________
Senate Bill No. 345Committee on Federal, State and Local Governments
CHAPTER 282
AN ACT relating to the Nevada state library; authorizing it to enter into contracts with the Nevada center for cooperative library services; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 378 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. The state librarian and the executive board of the Nevada center for cooperative library services, a cooperative organization which has been formed under the provisions of chapter 277 of NRS, may from time to time enter into a contract for the purpose of providing a program of services for the libraries and public agencies which are members of the center.
2. Such contract may provide that the state library shall administer the program and that it shall be supported by moneys which are made available to the Nevada center for cooperative library services from its various federal, local and foundation sources.
Sec. 3. 1. The program of services, which may be implemented by a contract of the kind provided in section 2 of this act, may comprise any one or all of the following, depending, in part, on the moneys available:
(a) Technical, including, but not limited to, the acquisition, cataloging, processing and delivery of library materials;
(b) Budgeting;
(c) Auditing;
(d) Purchasing;
(e) Personnel administrative; or
(f) Central data processing.
2. Renegotiation of any phase of the program of services may be undertaken annually on the anniversary date of the contract if:
(a) The executive board of the Nevada center for cooperative library services can demonstrate that the program should be adjusted to conform to real or anticipated needs of the libraries and public agencies which are members of the center; or
(b) The sources of money available for the support of the existing program have diminished or increased to such an extent as to require a commensurate curtailment or enlargement of services.
Sec. 4. 1. All contractual arrangements which may have been made previously between the state library and the Nevada center for cooperative library services for the administration of library services in this state and which remain in force on July 1, 1969, are regarded by the legislature of the State of Nevada as contributing to the proper maintenance of superior library services in this state and are hereby ratified.
κ1969 Statutes of Nevada, Page 495 (CHAPTER 282, SB 345)κ
and which remain in force on July 1, 1969, are regarded by the legislature of the State of Nevada as contributing to the proper maintenance of superior library services in this state and are hereby ratified.
2. All such prior arrangements shall be incorporated in the contract authorized by section 2 of this act no later than October 1, 1969, whether or not such arrangements in force on July 1, 1969, have been reduced to writing.
Sec. 5. NRS 378.080 is hereby amended to read as follows:
378.080 1. The state librarian shall serve as the executive officer of the state library, and shall administer all its activities and services.
2. He shall have the following powers and duties:
(a) To administer the state library, including the law and government library and the public and other departments, in accordance with law and good library practice.
(b) To select and purchase books, periodicals, pamphlets, films and other library materials, supplies, equipment and services.
(c) To purchase and exchange the Nevada Revised Statutes and supplements, or any other compilation or code of Nevada laws which may be thereafter published, with each of the state libraries of the United States in return for their legal compilations.
(d) To withdraw from the library collection and dispose of any items no longer needed.
(e) To borrow books from, lend books to, and exchange books with other libraries.
(f) To enter into agreements with other libraries in the state or with the Nevada center for cooperative library services for the improvement of library service.
(g) To make and enforce rules and regulations necessary for the administration, government and protection of the state library and all property belonging thereto.
(h) To render, in his discretion, financial assistance to regional, county, city or town free public libraries.
(i) To render, in his discretion, technical assistance to any library seeking such assistance [.] or to the Nevada center for cooperative library services.
________
Senate Bill No. 392Senators Slattery, Swobe, Farr and Harris
CHAPTER 283
AN ACT directing the Virginia City Restoration Commission to continue its studies and investigations concerning the problems of restoring Virginia City and to report its findings to the 56th session of the Nevada legislature.
[Approved April 10, 1969]
Whereas, Pursuant to the provisions of chapter 175, Statutes of Nevada 1963, the Virginia City Restoration Commission was created and charged with a study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto; and
κ1969 Statutes of Nevada, Page 496 (CHAPTER 283, SB 392)κ
Whereas, The Virginia City Restoration Commission was directed to continue its activities by action of the 53rd session of the Nevada legislature in chapter 404, Statutes of Nevada 1965, and by the 54th session in chapter 295, Statutes of Nevada 1967; and
Whereas, The Virginia City Restoration Commission has filed a report of its findings with the 55th session of the Nevada legislature; and
Whereas, Additional study and investigation by such commission is proper and necessary; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Virginia City Restoration Commission created pursuant to the provisions of chapter 175, Statutes of Nevada 1963, is hereby directed to continue its study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto, and shall report its additional findings and recommendations to the 56th session of the legislature of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 395Senator Swobe
CHAPTER 284
AN ACT relating to the extension of terms of existing county utility franchises; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 709.250 is hereby amended to read as follows:
709.250 Any person, association or corporation engaged in the business of supplying electric light, heat or power within two or more counties of this state, and operating under franchises granted prior to [March 26, 1919,] the effective date of this amendatory act, may have the term of each franchise under which it is operating increased to not exceeding 50 years, including the unexpired portion of the term of such former franchise or franchises, by filing with the boards of county commissioners of the counties wherein such former franchise was granted an application in writing setting forth:
1. The name of the applicant.
2. The county or counties within which the applicant is operating.
3. The time when such former franchise was granted.
4. The unexpired portion of the term thereof.
5. The time for which such franchise is to be extended, which, together with the unexpired term of the former franchise, shall not exceed 50 years.
κ1969 Statutes of Nevada, Page 497 (CHAPTER 284, SB 395)κ
Sec. 2. NRS 709.280 is hereby amended to read as follows:
709.280 Upon the granting of a franchise, as provided in NRS 709.210, or the extension of the term of a franchise granted prior to [March 26, 1919,] the effective date of this amendatory act, as provided in NRS 709.270, the county clerk shall issue to the grantee a formal franchise for the term so granted or extended by the board of county commissioners, for which a charge of $5 shall be made by the county clerk.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 402Committee on Judiciary
CHAPTER 285
AN ACT relating to criminal procedure; requiring the prosecution under certain conditions to proceed against a defendant incarcerated in another jurisdiction; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.558 is hereby amended to read as follows:
178.558 [A] Where a defendant who before being brought to trial in this state is held in custody in another state or by the United States for a crime committed in that [state] jurisdiction, the prosecution shall proceed to bring such defendant to trial within a reasonable time after it has become possible to obtain his presence at trial. If the presence of the defendant for trial in this state cannot be obtained after the state has made a diligent effort to secure such presence, the defendant shall be brought to trial within a reasonable time after his release from such custody. [, and no] No motion to discharge such a person from custody in this state may be granted if the requirements of this section are met.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 403Committee on Judiciary
CHAPTER 286
AN ACT relating to the fiscal analyst; permitting the destruction of certain original records upon photographing; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.870 is hereby amended to read as follows:
218.870 1. The fiscal analyst shall keep or cause to be kept:
[1.] (a) A complete, accurate and adequate set of fiscal transactions of the office of the legislative counsel bureau.
κ1969 Statutes of Nevada, Page 498 (CHAPTER 286, SB 403)κ
[2.] (b) A complete file of copies of all audit reports, examinations, investigations and any and all other reports or releases issued by him.
[3.] (c) A complete file of audit work papers and other evidences pertaining to work of the fiscal analyst.
2. Whenever the fiscal analyst has photographed or microphotographed or filmed all or any part of the records kept by him pursuant to subsection 1 in a manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the National Bureau of Standards, and has placed such photographs or microphotographs or films in conveniently accessible files and made for preserving, examining and using them, the fiscal analyst may, upon the approval of the legislative commission, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 423Committee on Public Resources
CHAPTER 287
AN ACT relating to mining claims; correcting language relating to the amendment of location certificates; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 517.200 is hereby amended to read as follows:
517.200 1. If at any time the locator of any mining claim located before or after March 16, 1897, or his assigns, apprehends that his original location certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or if he is desirous of changing his surface boundaries or of taking in any part of an overlapping claim which has been abandoned, or in case the original location certificate was made prior to March 16, 1897, and he is desirous of securing the benefits of this chapter, such locator, or his assigns, may file an [additional] amended location certificate, subject to the provisions of this chapter, if such [relocation] amendment does not interfere with the existing rights of others at the time of such [relocation.] amendment.
2. No such [relocation] amendment or the record thereof shall preclude the claimant or claimants from proving any such titles as he or they may have held under previous locations.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 499κ
Senate Bill No. 384Senators Gibson and Brown
CHAPTER 288
AN ACT relating to annexation of land by Boulder City; allowing such city to annex noncontiguous lands and to improve such lands at the option of the city council; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature finds that because of the existence of certain interests in land which borders the present boundary of Boulder City and which separates Boulder City from certain other lands necessary for the beneficial growth and development of such city, the general law of this state relating to annexations by cities cannot be made applicable.
Sec. 2. 1. The city of Boulder City may annex, at once or from time to time, any portion up to a total of 50,000 acres of land described as follows:
(a) T. 23 S., R. 63 E.: Sections 19, 23, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35 and 36.
(b) T. 23 S., R. 63 1/2 E.: Sections 25 and 36.
(c) T. 23 S., R. 64 E.: Sections 30, 31, 32, 33 and 34.
(d) T. 23 1/2 S., R. 64 E.: Sections 31, 32, 33, 34 and 35.
(e) T. 24 S., R. 63 E.: Sections 1 to 36, inclusive.
(f) T. 24 S., R. 4 E.: Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35.
(g) T. 25 S., R. 64 E.: Sections 1, 2, 3, 4, 5 and 6.
All township and range references are to the Mount Diablo Base and Meridian.
2. The city shall not annex any parcel of the land described in subsection 1 until it has obtained with respect to that parcel:
(a) If it has been patented, the consent of the owner to the annexation.
(b) If it has not been patented, the consent of the Colorado River commission of Nevada, or its successor in interest under the right granted by the United States to acquire patents to the described land, to the annexation.
Sec. 3. The city may provide any or all of the municipal services enumerated in NRS 268.578 to any portion or all of the territory so annexed, at any time after annexation.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 500κ
Senate Bill No. 371Senator Slattery
CHAPTER 289
AN ACT relating to minimum wages to be paid female employees in private employment; increasing the amounts of minimum wages to be paid female workers under the age of 18 years, 18 years and over and during probationary periods; prohibiting discrimination by employers; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 609.030 is hereby amended to read as follows:
609.030 1. With respect to the employment of females in private employment in this state, it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.
2. The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed 8 hours in any 1 day, and 6 days in any calendar week, so as to provide a day of rest and recreation in each calendar week, are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare.
3. The policy of this state is hereby declared to be:
(a) That 8 hours in any one 13-hour period, and not more than 48 hours in any 1 calendar week, and not more than 6 days in any calendar week, are the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions; and
(b) [That not less than the rate of $1.10 for 1 hour, or $8.80 for 1 day of 8 hours, or $52.80 for 1 week of 6 days of 8 hours each, shall be paid such female workers under the age of 18 years in this state; and
(c) That not less the $1.25 for 1 hour or $10 for 1 day of 8 hours, or $60 for 1 week of 6 days of 8 hours each, shall be paid such female workers 18 years of age or over in this state.] That the minimum wages which may be paid to female workers under the age of 18 years in this state are as follows:
(1) From the effective date of this act until February 1, 1970, $1.15 per hour.
(2) From February 1, 1970, to February 1, 1971, $1.30 per hour.
(3) From February 1, 1971, $1.45 per hour; and
(c) That the minimum wages which may be paid to female workers 18 years of age or over in this state are as follows:
(1) From the effective date of this act until February 1, 1970, $1.30 per hour.
(2) From February 1, 1970, to February 1, 1971, $1.45 per hour.
(3) From February 1, 1971, $1.60 per hour.
Sec. 2. NRS 609.040 is hereby amended to read as follows:
609.040 1. [It shall be] Except as provided in NRS 609.060, it is unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with, any female under the age of 18 years at or for a lesser wage than [$1.10 per hour, or $8.80 for 1 day of 8 hours, or $52.80 for 1 week of 6 days of 8 hours each.]
κ1969 Statutes of Nevada, Page 501 (CHAPTER 289, SB 371)κ
with, cause to be contracted with, or permit to be contracted with, any female under the age of 18 years at or for a lesser wage than [$1.10 per hour, or $8.80 for 1 day of 8 hours, or $52.80 for 1 week of 6 days of 8 hours each.] specified in NRS 609.030.
2. It [shall be] is unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female 18 years of age or older at or for a lesser wage than [$1.25 per hour, or $10 for 1 day of 8 hours, or $60 for 1 week or 6 days of 8 hours each.] specified in NRS 609.030.
Sec. 3. NRS 609.060 is hereby amended to read as follows:
609.060 1. During a probationary period of not to exceed 3 months, which need not be consecutive, the employer and his employee or employees may stipulate that the provisions of NRS 609.010 to 609.180, inclusive, which provide [a wage of $1.10 per hour or $8.80 or more for 1 day of 8 hours or less, or $52.80 or more for 1 week of 48 hours or less, for females under the age of 18 years, and a wage of $1.25 per hour, or $10 or more for 1 day of 8 hours of less, or $60 or more for 1 week of 48 hours or less, for females 18 years of age or older,] the amounts of minimum wages which may be paid to female workers shall not apply; but in all such cases where such a stipulation has been entered into: [, the employer shall pay to such female employees under the age of 18 years not less than $7 for 1 day of not more than 8 hours, or $42 for 1 week of 6 days of not more than 8 hours each, and shall pay to such female employees 18 years of age or older not less than $8 for 1 day of not more than 8 hours, or $48 for 1 week of 6 days of not more than 8 hours each.]
(a) The employer shall pay to such female employees under the age of 18 years:
(1) From the effective date of this act until February 1, 1970, not less than 92.5 cents per hour.
(2) From February 1, 1970, to February 1, 1971, not less than $1.08 per hour.
(3) From February 1, 1971, not less than $1.23 per hour; and
(b) The employer shall pay to such female employees 18 years of age or over:
(1) From the effective date of this act until February 1, 1970, not less than $1.05 per hour.
(2) From February 1, 1970, to February 1, 1971, not less than $1.20 per hour.
(3) From February 1, 1971, not less than $1.35 per hour.
All other provisions of NRS 609.010 to 609.180, inclusive, shall in all other respects govern hours and wages of female employees during the stipulated probationary period.
2. At the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during the probationary period.
κ1969 Statutes of Nevada, Page 502 (CHAPTER 289, SB 371)κ
3. If any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to the female by the second employer is of a similar nature to that certified to by the former employer of the female of which such employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon the employer to show the contrary.
4. The fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.
Sec. 4. Chapter 609 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No employer having employees subject to the provisions of this chapter shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 401Committee on Judiciary
CHAPTER 290
AN ACT relating to limitation of actions; repealing the limitation on proceedings to contest the election of state officers; and providing other matters properly relating thereto.
[Approved April 10, 1969]
Whereas, The general election laws of this state provide a limitation on filing a statement of contest in any election and such limitation is in conflict with the provisions of NRS 11.240 limiting proceedings to contest the election of a state officer and that it is desirable to resolve such conflict.
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 11.240 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 503κ
Senate Bill No. 334Committee on Finance
CHAPTER 291
AN ACT relating to state financial administration; amending certain provisions concerning the duties of the chief of the budget division of the department of administration to conform to present practices; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the chief shall be:
1. To appraise the quantity and quality of services rendered by each agency in the executive department of the state government, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of the executive department, and to install such plans as are approved by the respective heads of the various agencies of such department, or as are directed to be installed by the governor or the legislature.
3. To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.
4. To devise and prescribe the forms of operation reports to be required periodically from the several agencies in the executive department, and to require the several agencies to make such reports.
5. To prepare the executive budget report for the governors approval and submission to the legislature.
6. To prepare a budget for the executive department of the state government for the next 2 fiscal years, which budget shall:
(a) Present a complete financial plan for the next 2 fiscal years;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;
(c) Set forth all interest and debt redemption charges during the next 2 fiscal years;
(d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and
(e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.
7. To examine and approve work programs and allotments to the several agencies in the executive department, and changes therein.
8. To examine and approve [all] statements and reports on the financial condition and estimated future financial condition and the operations of the agencies in the executive department of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication [.] , which have been prepared by such agencies and budget units.
κ1969 Statutes of Nevada, Page 504 (CHAPTER 291, SB 334)κ
9. To receive and deal with [all] requests for information as to financial conditions and operations of the state.
10. To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.
11. To do and perform such other and further duties relative to the development and submission of an adequate budget for the executive department of the state government of the State of Nevada as the governor may require.
Sec. 2. NRS 353.190 is hereby amended to read as follows:
353.190 1. In addition to the other duties imposed by law on the chief, he shall be ex officio clerk of the state board of examiners. He shall:
(a) Assist the state board of examiners in the examination, classification and preparation for audit of all the claims required to be presented to the board.
(b) Conduct an effective check and preaudit of all such claims before they are submitted to the board.
[(c) Prepare a written statement listing all claims checked and audited by him prior to the expiration of 30 days from the checking and auditing thereof, which statement shall contain:
(1) The number of each claim.
(2) The name of the claimant.
(3) The nature and substance thereof.
(4) The amount found due and owing thereon.
He shall submit the statement, together with each individual claim listed therein, to the board.]
2. The general rules of procedure governing the duties of the chief shall be promulgated by the state board of examiners, and shall be consistent with the provisions of this section.
3. The chief may delegate the duties herein set forth to his duly appointed and qualified deputy.
Sec. 3. NRS 353.263 is hereby amended to read as follows:
353.263 1. There is hereby created in the state treasury a fund to be known as the state board of examiners emergency fund. Moneys for such fund shall be provided by direct legislative appropriation.
2. The state board of examiners emergency fund shall be a continuing fund and none of the moneys in such fund shall revert to the general fund at any time.
3. When the state board of examiners finds, after diligent inquiry and examination, that an extreme emergency exists, such board may declare the existence of such an emergency and authorize the expenditure of sums not exceeding $50,000 from the state board of examiners emergency fund.
4. When the state board of examiners finds, after diligent inquiry and examination, that:
(a) As a result of the payment of terminal leave pay or sick leave pay to any state officer or employee, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
κ1969 Statutes of Nevada, Page 505 (CHAPTER 291, SB 334)κ
(b) The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may, with the approval of the fiscal analyst, authorize the expenditure of sums not exceeding $2,000 from the state board of examiners emergency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
5. The state board of examiners shall [annually] biennially file a report with the president of the senate and the speaker of the assembly enumerating the expenditures authorized by the state board of examiners under the provisions of this section.
________
Senate Bill No. 333Committee on Finance
CHAPTER 292
AN ACT relating to the department of economic development; abolishing the state economic development and publicity fund; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 231.140 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 311Committee on Finance
CHAPTER 293
AN ACT relating to state financial administration; establishing a Fiscal and Accounting Procedures Law; repealing the Funds Consolidation Law; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.195 is hereby amended to read as follows:
353.195 1. The chief is authorized:
(a) To examine all public accounts of agencies in the executive department of the state government.
(b) To administer an oath to and examine under oath, when he deems it necessary, any public official in the executive department of the state government in relation to or concerning his books and accounts.
2. Each such officer shall cause the system of accounting provided for in sections 3 to 17, inclusive, of this act to be installed and maintained, and shall allow the chief full access to and inspection of his books or of the accounts therein contained, or any records or data pertaining to the conduct of his office.
κ1969 Statutes of Nevada, Page 506 (CHAPTER 293, SB 311)κ
and shall allow the chief full access to and inspection of his books or of the accounts therein contained, or any records or data pertaining to the conduct of his office. [, and shall install and maintain the system of accounting as provided for in NRS 353.150 to 353.246, inclusive.]
Sec. 2. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 17, inclusive, of this act.
Sec. 3. Sections 3 to 17, inclusive, of this act shall be known as the Fiscal and Accounting Procedures Law.
Sec. 4. 1. It is the purpose of the Fiscal and Accounting Procedures Law to set forth legislative policy governing that phase of the states fiscal procedures which relates to financial funds. Generally accepted accounting principles and fiscal procedures shall be applied except when in conflict with constitutional and statutory provisions.
2. The legislature reserves the right to establish funds not otherwise provided for by the Nevada constitution.
3. It is the policy of the legislature that all general governmental programs and functions shall be subject to its review, regardless of the sources of revenue available to the various departments, institutions or agencies.
Sec. 5. As used in the Fiscal and Accounting Procedures Law, unless the context otherwise requires, and in all accounting procedures and reports pursuant to this chapter, the words and terms defined in sections 6 to 14, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 6. Accrual basis means the basis of accounting under which revenues are recorded when earned and expenditures are recorded as soon as they result in liabilities for benefits received, notwithstanding that the receipt of the revenue or payment of the expenditure may take place, in whole or in part, in another accounting period.
Sec. 7. Appropriation means an authorization granted by a legislative body to make expenditures and to incur obligations for specific purposes for a specified period of time.
Sec. 8. Authorization means the permission granted by the legislature to receive and expend funds from sources other than the general fund.
Sec. 9. Fiscal period means any period at the end of which a governmental unit determines its financial position and the results of its operations.
Sec. 10. Fund means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash and other resources, together with all related liabilities, obligations, reserves and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.
Sec. 11. Fund balance means:
1. In the case of a fund not subject to budgetary accounting, the excess of its assets over the sum of its liabilities and reserves.
2. In the case of a fund subject to budgetary accounting, the excess of the sum of its assets and estimated revenues for the remainder of the fiscal period over the sum of its liabilities, reserves and appropriations for the remainder of the fiscal period.
κ1969 Statutes of Nevada, Page 507 (CHAPTER 293, SB 311)κ
fiscal period over the sum of its liabilities, reserves and appropriations for the remainder of the fiscal period.
Sec. 12. Modified accrual basis means the basis of accounting under which expenditures are recorded in the accounting period when liabilities are incurred and revenues are recorded when received in cash, except for material or available revenues, or both, which should be accrued to reflect properly the revenue earned.
Sec. 13. Revenue means the increase in ownership equity during a designated period of time, and designates additions to assets which do not increase any liability, nor represent the recovery of an expenditure, and the cancellation of liabilities without a corresponding increase in other liabilities or a decrease in assets.
Sec. 14. Unappropriated fund balance means that portion of a fund balance which is not segregated for specific purposes.
Sec. 15. The revenues and other resources of the funds shall be subject to legislative authorization or appropriation and legislative review for each fiscal period except where such procedure conflicts with constitutional or statutory provisions.
Sec. 16. Authority is hereby granted to establish collection or suspense accounts to facilitate allocation of those revenues which are required by law to be apportioned to more than one fund. Collection or suspense accounts are not funds and shall not hold cash or other assets beyond the end of the calendar month in which received.
Sec. 17. 1. The state controller shall proceed immediately upon July 1, 1969, to implement the provisions of the Fiscal and Accounting Procedures Law.
2. The state controller shall present reports on the development and implementation of the Fiscal and Accounting Procedures Law to the fiscal and auditing division of the legislative counsel bureau.
3. All proposed changes in the method and procedures of accounting shall be presented to the department of administration and the fiscal and auditing division of the legislative counsel bureau and the state board of finance for their review and recommendations prior to the implementation.
Sec. 18. NRS 353.290, 353.292, 353.294, 353.296, 353.298, 353.300, 353.302, 353.304, 353.306, 353.308, 353.310, 353.312, 353.314, 353.316, 353.318, 353.320, 353.322, 353.324, 353.326, 353.328, 353.330, 353.332, 353.334, 353.336, 353.338, 353.340, 353.342, 353.344, 353.346, 353.348, 353.350, 353.352, 353.354, 353.356, 353.358, 353.360, 353.362, 353.364, 353.366, 353.368, 353.370, 353.372 and 353.374 are hereby repealed.
________
κ1969 Statutes of Nevada, Page 508κ
Senate Bill No. 276Committee on Judiciary
CHAPTER 294
AN ACT relating to constitutional amendments; providing the procedure to be followed when a constitutional amendment is ratified while another affecting the same provision is pending; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature finds and declares that the provisions of section 1 of article 16 of the constitution of the State of Nevada require for the amendment of the constitution that:
(a) Two successive legislatures respectively propose and approve the identical change; and
(b) The people ratify by majority vote the change so proposed and approved.
2. If an enrolled joint resolution proposing an amendment to the constitution which is returned by the secretary of state to the next ensuing session of the legislature contains one or more sections of the constitution to which an amendment has been ratified since the proposal of the amendment to be considered, the legislature shall, if it approves the proposed amendment:
(a) Conform the text of each section of the constitution so affected to include the amendment so ratified; and
(b) Make no substantive change in the amendment proposed and approved.
3. The legislative counsel shall prepare any amendment or amendments to the text of an enrolled joint resolution required by this section, and submit them to the proper house at the time such enrolled joint resolution is delivered by the secretary of state.
4. The joint resolution shall be submitted to the people for ratification in its amended form, so that the people may know in voting upon it:
(a) The text of each affected section of the constitution as presently effective; and
(b) The change proposed and approved by the successive legislatures.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 509κ
Senate Bill No. 256Senator Dodge
CHAPTER 295
AN ACT relating to irrigation districts; clarifying provisions relating to special elections; permitting new owners of real property to establish eligibility to vote in special elections; permitting liens to attach for certain services rendered by the district; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.553 is hereby amended to read as follows:
539.553 In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure shall be followed:
1. The secretary of the district shall prepare from the assessment book a list of all electors qualified [by an interest in real property having an appurtenant surface water right,] by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector. For the purposes of this section, the number of acres listed to an elector who holds an undivided interest in land shall be the product of the fraction representing his interest multiplied by the number of acres subject to his interest.
2. At the time and place appointed for the election, such list shall be open for inspection. An inspector of election shall mark indelibly upon the ballot issued to each elector the number of acres listed to such elector. If both spouses vote with respect to acreage in which their interest is community property, the number of acres listed shall be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders of an acreage of 5 acres or more with respect to which there is no otherwise qualified elector, the entire acreage shall be attributed to him.
3. At the end of the time appointed for voting the secretary of the district shall determine the total number of electors approving the proposal and shall declare it passed if:
(a) The proposal is approved by a majority of the electors voting; and
(b) The proposal is approved by electors holding property representing a majority of the number of acres listed to electors voting in the election.
4. If the proposal is not so approved, the proposal is rejected and such result shall be entered of record.
5. No informalities in conducting the election shall invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
6. For the purposes of this section, eligibility to vote and the number of acres listed to each elector shall be determined from the current assessment book. [without giving effect to any acquisition of an interest in land since its compilation.]
κ1969 Statutes of Nevada, Page 510 (CHAPTER 295, SB 256)κ
in land since its compilation.] The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.
Sec. 2. NRS 539.685 is hereby amended to read as follows:
539.685 Whenever any tolls or charges for the use of water and other charges for services rendered by an irrigation district have been fixed by the board of directors it shall be lawful to make the same payable in advance, and in case such tolls or charges remain unpaid at the time specified in this chapter for levying the annual assessment, the amount due for such tolls and charges may be added to and become a part of the assessment levied upon the land upon which the water for which such toll or charges levied and remain unpaid was used.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 249Senators Farr, Hecht and Young
CHAPTER 296
AN ACT relating to gaming control; providing for holiday and special event permits; providing penalties; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in section 3 of this act, holidays or special events refers to periods during which the influx of tourist activity in this state or any area thereof may require additional industry accommodation as determined by the commission.
Sec. 3. 1. Any licensee holding a valid license under this chapter may apply to the commission, on application forms prescribed by the commission, for a holiday or special event permit for the purpose of increasing the licensees game operations during holidays or special events.
2. Such application shall be filed with the commission at least 3 days prior to the date when games are to be added.
3. If the commission approves the application, it shall issue to the licensee a permit to operate additional games, not to exceed 25 percent of the number of games operated by the licensee at the time the application is filed. The permit shall state the period for which it is issued and the number of additional games allowed. For purposes of computation, any fractional game shall be counted as one full game. The licensee shall present any such permit on the demand of any inspecting agent of the board or commission.
4. Before issuing any permit, the commission shall charge and collect from the licensee a fee of $14 per game per day for each day the permit is effective. Such fees shall be in lieu of the fees required under NRS 463.383.
κ1969 Statutes of Nevada, Page 511 (CHAPTER 296, SB 249)κ
5. A permit may not be issued to any licensee for more than 40 cumulative days during any calendar year, nor for a period longer than 10 days during any calendar quarter year. Such 10-day period during a calendar quarter year may be consecutive or divided into two lesser periods. For purposes of computation, 1 day is equal to a 24-hour period.
6. The additional games allowed under a permit shall not be counted in computing the casino entertainment tax under NRS 463.401.
7. If any such additional games are not removed at the time the permit expires, the licensee shall immediately be subject to the fees provided for in NRS 463.383 and all other applicable provisions of this chapter.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 221Senators Slattery and Herr
CHAPTER 297
AN ACT relating to blind persons; giving special status to those using guide dogs; and providing a penalty.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.510 is hereby amended to read as follows:
426.510 1. No person, except those wholly or partially blind, shall use a guide dog or carry or use on any street, highway, or in any other public place a cane or walking stick which is white in color, or white tipped with red.
2. Any pedestrian who is not wholly or partially blind, or any driver of a vehicle, who approaches or comes in contact with a person wholly or partially blind using a guide dog or carrying a cane or walking stick white in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind.
3. Any person other than a person wholly or partially blind:
(a) Who shall use a guide dog or carry a cane or walking stick such as is described in this section, contrary to the provisions of this section; or
(b) Who shall fail to heed the approach of a person using a guide dog or carrying such a cane as is described by this section; or
(c) Who shall fail to come to a stop upon approaching or coming in contact with a person so using a guide dog or so carrying such a cane or walking stick; or
(d) Who shall fail to take precaution against accident or injury to such a person after coming to a stop,
as provided for in this section, is guilty of a misdemeanor.
4. This section does not apply to any sighted person who uses a guide dog or white cane for the purpose of training such dog or of instructing a blind person.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 512κ
Senate Bill No. 172Committee on Judiciary
CHAPTER 298
AN ACT relating to public employees retirement; eliminating provisions for waiver of retirement allowances; and providing other matters properly relating thereto.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.670 is hereby amended to read as follows:
286.670 [1.] The right of a person to a pension, an annuity, a retirement allowance, the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the various funds created by this chapter, shall:
[(a)] 1. Be exempt from all state, county and municipal taxes.
[(b)] 2. Not be subject to execution, garnishment, attachment or any other process.
[(c)] 3. Not be subject to the operation of any bankruptcy or insolvency law.
[(d)] 4. Not be assignable [.] , by power of attorney or otherwise.
[2. Notwithstanding any provision of subsection 1, a person in receipt of a service retirement allowance or a disability retirement allowance, or a beneficiary under an optional plan, may waive any portion of such allowance. Such waiver shall be made in writing upon a form prescribed by the board, and that portion of the allowance waived shall remain in the retirement fund and shall not be recoverable at any time. Such waiver shall be effective upon the 1st day of the month in which such waiver is received by the board. Such waiver may be canceled by such person at any time by notifying the board of such cancellation upon a form to be prescribed by the board. Such cancellation shall be effective upon the 1st day of the month following the month in which notice thereof is received by the board.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 502Messrs. Prince and Swallow
CHAPTER 299
AN ACT relating to county finances; repealing the provision requiring that claims against the county be sworn to by claimants or their representatives, that certain fees be paid, and providing for their disposition.
[Approved April 10, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.160 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 513κ
Assembly Bill No. 70Mr. Lowman
CHAPTER 300
AN ACT relating to obscene material; prohibiting the exhibition and sale of obscene material to minors; providing a penalty; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Unless the context otherwise requires, the definitions set forth in sections 3 to 9, inclusive, of this act govern the construction of sections 2 to 10, inclusive, of this act.
Sec. 3. Harmful to minors means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and is utterly without redeeming social importance for minors.
Sec. 4. Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of the character and content of any material described in sections 2 to 10, inclusive, of this act which is reasonably susceptible of examination by the defendant and the age of the minor. If a person has made a reasonable, bona fide attempt to ascertain the true age of a minor, an honest mistake will excuse such person from liability.
Sec. 5. Minor means any person under the age of 18 years, but as applied to the showing of a motion picture excludes any person employed on the premises where the motion picture is shown.
Sec. 6. Nudity means the showing of the human male or female genitals or pubic area or the depiction of covered male genitals in a discernible turgid state.
Sec. 7. Sado-masochistic abuse means flagellation or torture practiced by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
Sec. 8. Sexual conduct means acts of masturbation, homosexuality, sexual intercourse or physical contact with a persons unclothed genitals or pubic area.
Sec. 9. Sexual excitement means the condition of human male or female genitals in the state of sexual stimulation or arousal.
Sec. 10. A person is guilty of a misdemeanor who knowingly:
1. Exhibits or sale, sells or loans for monetary consideration to a minor any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors;
2. Exhibits for sale, sells or loans for monetary consideration to a minor any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which taken as a whole is harmful to minors; or
κ1969 Statutes of Nevada, Page 514 (CHAPTER 300, AB 70)κ
minor any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which taken as a whole is harmful to minors; or
3. Exhibits for monetary consideration to a minor, sells to a minor an admission ticket or pass or admits a minor, for monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors, unless such minor is accompanied by his parent, guardian or spouse.
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of obtaining admission of such minor to any motion picture, show or any other presentation which is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining admission to any motion picture, show or other presentation which is harmful to minors.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 407Messrs. Prince and Swallow
CHAPTER 301
AN ACT relating to agricultural districts; providing for additional agricultural districts; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 547.010 is hereby amended to read as follows:
547.010 The state is divided into [11] 13 agricultural districts as follows:
Agricultural District No. 1. Carson City and the counties of Douglas and Storey shall constitute agricultural district No. 1.
Agricultural district No. 2. The county of Esmeralda shall constitute agricultural district No. 2.
Agricultural district No. 3. The county of Humboldt shall constitute agricultural district No. 3.
Agricultural district No. 4. The county of Elko shall constitute agricultural district No. 4.
Agricultural district No. 5. The county of Mineral shall constitute agricultural district No. 5.
Agricultural district No. 6. The counties of Eureka, Lander [, Nye, Lincoln and White Pine] and Nye shall constitute agricultural district No. 6.
Agricultural district No. 7. The county of Churchill shall constitute agricultural district No. 7.
κ1969 Statutes of Nevada, Page 515 (CHAPTER 301, AB 407)κ
Agricultural district No. 8. The county of Clark shall constitute agricultural district No. 8.
Agricultural district No. 9. The county of Lyon shall constitute agricultural district No. 9.
Agricultural district No. 10. The county of Washoe shall constitute agricultural district No. 10.
Agricultural district No. 11. The county of Pershing shall constitute agricultural district No. 11.
Agricultural district No. 12. The county of Lincoln shall constitute agricultural district No. 12.
Agricultural district No. 13. The county of White Pine shall constitute agricultural district No. 13.
Sec. 2. NRS 547.040 is hereby amended to read as follows:
547.040 1. Within 10 days after the formation of an agricultural association within any of the agricultural districts constituted in NRS 547.010 in accordance with the provisions of this chapter, [and after notice of such formation has been given to the governor, the governor shall appoint eight resident citizens of such agricultural district as members of a district board of agriculture for the district.] eight resident citizens of such agricultural district shall be appointed as members of a district board of agriculture for the district by:
(a) The governor for agricultural districts comprised of more than one county.
(b) The board of county commissioners for each county which constitutes a single-county agricultural district.
2. Within 10 days after their appointment, the persons so appointed shall meet at a place within the agricultural district and organize by the election of:
(a) One of their number as president of the board and association, who shall hold the office of president for 1 year and until his successor is elected.
(b) A secretary and a treasurer.
3. At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of the first class shall expire at the end of the first fiscal year. The terms of office of the second class shall expire at the end of the second fiscal year. The terms of office of the third class shall expire at the end of the third fiscal year. The terms of office of the fourth class shall expire at the end of the fourth fiscal year.
Sec. 3. NRS 547.050 is hereby amended to read as follows:
547.050 When any district board of agriculture is classified and organized as provided in NRS 547.040, the secretary of the board shall report such classification and organization to:
1. The state department of agriculture; and
2. [The governor.] Its appointing authority.
Sec. 4. NRS 547.060 is hereby amended to read as follows:
547.060 1. Except as provided in [NRS 547.040, the governor shall appoint directors for terms of 4 years.] subsection 3 of NRS 547.040, each director shall be appointed for a term of 4 years.
2. The secretary shall report any vacancy which may occur in the board to [the governor, and the governor shall fill the vacancy by appointment for the unexpired term.]
κ1969 Statutes of Nevada, Page 516 (CHAPTER 301, AB 407)κ
board to [the governor, and the governor shall fill the vacancy by appointment for the unexpired term.] Its appointing authority as specified in NRS 547.040, and the vacancy shall be filled by appointment for the unexpired term.
Sec. 5. Chapter 51, Statutes of Nevada 1937, entitled An Act to authorize the board of county commissioners of the county of White Pine to levy a special tax annually for the support of the White Pine County fair, to provide for the payment of the proceeds of such tax levy, and other matters in connection therewith, approved March 8, 1937, is hereby repealed.
Sec. 6. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Assembly Bill No. 420Mr. Swackhamer
CHAPTER 302
AN ACT relating to weed control districts; clarifying and amplifying the provisions for their formation and operation; providing penalties; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The legislature declares that it is primarily the responsibility of each owner or occupier of land in this state to control weeds on his own land, but finds that in certain areas this responsibility can best be discharged through control by organized districts.
Sec. 3. 1. The board of county commissioners of any county shall create one or more weed control districts in that portion of the county which lies outside any incorporated city or incorporated town if there is filed a petition which:
(a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by owners of land within the proposed weed control district who:
(1) Are 60 percent or more of the total number of such owners; and
(2) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included.
2. Before creating a weed control district, the board of county commissioners shall hold at least one public hearing, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made.
κ1969 Statutes of Nevada, Page 517 (CHAPTER 302, AB 420)κ
if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any weeds which exist on such land do not render substantially more difficult the control of weeds on other lands in the proposed district.
Sec. 4. 1. The board of county commissioners of any county in which a weed control district has been created shall appoint a board of directors of the district composed of three persons who:
(a) Are landowners in the district, whether or not they signed the petition for its creation. For the purpose of this paragraph, if any corporation or partnership owns land in the district, a partner or a director, officer or beneficial owner of 10 percent or more of the stock of the corporation shall be deemed a landowner.
(b) Fairly represent the agricultural economy of the district.
2. The initial appointments to the board of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent appointment shall be for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term.
3. In addition to other causes provided by law, a vacancy is created on the board if any director:
(a) Ceases to be a landowner in the district.
(b) Is absent, unless excused, from three meetings of the board.
Sec. 5. The board of directors of a weed control district may:
1. With the approval of the state quarantine officer, appoint a weed control officer.
2. Receive and expend any moneys provided by assessment, voluntary contribution or otherwise for the control of weeds in the district.
3. Exercise any other power necessary or proper to effectuate the purposes for which the district exists.
4. Elect a chairman from among its members, and secretary who may or may not be a member.
Sec. 6. 1. The board of directors shall prepare regulations for the weed control district, which shall include but are not limited to:
(a) The species of weeds to be controlled in the district.
(b) The means of direct control by spray, cultivation or otherwise.
(c) The means of indirect control, including the movement from, to and within the district of agricultural machinery, agricultural products, livestock and other vectors capable of spreading the weeds designated for control.
2. One copy of the proposed regulations shall be delivered to the state quarantine officer, and at least two copies made available for public inspection in the office of the district secretary or the county clerk, as the board may by resolution prescribe.
3. The state quarantine officer shall then hold a public hearing in the county to consider the proposed regulations, of which he shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the hearing. At this hearing, the state quarantine officer shall entertain written suggestions for the modification of the regulations.
4. After the hearing, and any additional time which the state quarantine officer may allow for the submission of additional facts or proposals, he shall approve, modify or disapprove the proposed regulations. If the board of directors of the district does not concur in the action of the state quarantine officer, the state board of agriculture shall establish the regulations.
κ1969 Statutes of Nevada, Page 518 (CHAPTER 302, AB 420)κ
board of directors of the district does not concur in the action of the state quarantine officer, the state board of agriculture shall establish the regulations.
Sec. 7. NRS 555.210 is hereby amended to read as follows:
555.210 [1. Upon receipt of a written petition signed by 65 percent of the landowners in a county or portion of a county, outside of an incorporated town or municipality, the board of county commissioners shall designate the county or portion of the county as a weed control district for the control of weeds as specified in this section.
2. Any area within the weed control district composed of not less than 3,000 adjoining acres shall, upon petition of 75 percent of the landowners therein, be excluded from the weed control district.
3. When a weed control district is designated, the board of county commissioners shall appoint a board of directors consisting of three persons from among the landowners signing the petition.
4. The board of directors shall elect one of its members as chairman.
5. The board of directors shall:
(a) Administer any funds provided by assessment, voluntary contribution, county appropriation or otherwise for the control of the designated weeds in the district.
(b) Subject to the approval of the state quarantine officer:
(1) Designate the weeds to be controlled in the district.
(2) Appoint a properly qualified supervisor, who shall be in direct charge of the control of the designated weeds in the district.
(3) Promulgate regulations governing the intrastate and intradistrict movement of all agricultural products, livestock, agricultural machinery or other vectors capable of spreading the weeds designated for control in the district.] If any landowner fails to carry out a plan of weed control for his land in compliance with the regulations of the district, the weed control officer may enter upon the land affected, perform any work necessary to carry out the plan, and charge such work against the landowner. Any such charge, until paid, is a lien against the land affected coequal with a lien for unpaid general taxes, and may be enforced in the same manner.
Sec. 8. NRS 555.215 is hereby amended to read as follows:
555.215 1. Upon the [written request of the board of directors, the] preparation and approval of a budget in the manner required by the Local Government Budget Act, the board of county commissioners shall, by resolution, levy an assessment upon all real property in the weed control district.
2. Every assessment so levied shall be a lien against the property assessed.
3. The county commissioners may obtain short-term loans of an amount of money not to exceed the total amount of such assessment, for the purpose of paying the expenses of controlling the weeds in the weed control district. Such loans may be made only after such assessments are levied.
Sec. 9. NRS 555.220 is hereby amended to read as follows:
555.220 Any person violating any of the provisions of NRS 555.130 to 555.210, inclusive, or sections 2 to 6, inclusive, of this act, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the state quarantine officer, in accordance with the provisions of NRS 555.130 to 555.210, inclusive, [shall be] or sections 2 to 6, inclusive, of this act, is guilty of a misdemeanor.
κ1969 Statutes of Nevada, Page 519 (CHAPTER 302, AB 420)κ
prescribed by the state quarantine officer, in accordance with the provisions of NRS 555.130 to 555.210, inclusive, [shall be] or sections 2 to 6, inclusive, of this act, is guilty of a misdemeanor.
Sec. 10. 1. The board of county commissioners of each county in which one or more weed control districts have been organized prior to the effective date of this act shall on or before July 1, 1969:
(a) Appoint the required number of new directors for any district any of whose directors are ineligible to serve under the provisions of this act.
(b) Designate which of the directors of each district shall respectively serve for terms of 1, 2 and 3 years.
2. The board of directors of each weed control district organized prior to the effective date of this act, and the state quarantine officer and state board of agriculture with respect to such district, shall on or before March 1, 1970, prepare, approve or establish weed control regulations for such district pursuant to this act. Until such new regulations become effective, any such district may control weeds and enforce its existing regulations in accordance with the law in effect prior to passage and approval of this act.
3. The board of directors of any weed control district established prior to the effect date of this act may petition the board of county commissioners to add to the district any land on which the existence of weeds makes more difficult the control of weeds on lands within the district. The board of county commissioners shall, before granting such a petition in whole or in part, hold a hearing as provided in section 3 of this act.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 204Committee on Judiciary
CHAPTER 303
AN ACT relating to professional corporations and professional associations; clarifying provisions of chapter 89 of NRS relating to liability arising out of professional service; establishing the legal status of professional associations; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 89.010 is hereby amended to read as follows:
89.010 This chapter is known and may be cited as the Professional Corporations and Associations Act.
Sec. 2. NRS 89.020 is hereby amended to read as follows:
89.020 As used in this chapter, unless the context requires otherwise:
1. Employee means a person duly licensed or otherwise legally authorized to render professional service within this state who renders such service through a professional corporation [,] or a professional association, but does not include clerks, bookkeepers, technicians or other individuals who are not usually considered by custom and practice of the profession to be rendering professional services to the public.
κ1969 Statutes of Nevada, Page 520 (CHAPTER 303, SB 204)κ
individuals who are not usually considered by custom and practice of the profession to be rendering professional services to the public.
2. Professional association means a common law association of two or more persons duly licensed or otherwise legally authorized to render professional service within this state when created by written articles of association which contain in substance the following provisions characteristic of corporate entities:
(a) The death, insanity, bankruptcy, retirement, resignation, expulsion or withdrawal of any member of the association shall not cause its dissolution.
(b) The authority to manage the affairs of the association shall be vested in a board of directors or an executive board or committee, elected by the members of the association.
(c) The members of the association shall be employees of the association.
(d) Members ownership interests are evidenced by membership certificates.
3. Professional corporation means a corporation organized under this chapter for the purpose of rendering a professional service.
[3.] 4. Professional service means any type of personal service which may legally be performed only pursuant to a license, certificate of registration or other legal authorization. [and which prior to July 1, 1963, could not by reason of law be performed by a corporation.
4.] 5. Regulating board means the body which regulates and authorizes the admission to the profession which a professional corporation or a professional association is authorized to perform.
Sec. 3. NRS 89.040 is hereby amended to read as follows:
89.040 1. One or more individuals, each of whom is authorized to perform the same professional service, may organize a professional corporation in the manner provided for organizing a private corporation under chapter 78 of NRS The articles of incorporation shall contain the following additional information:
(a) The profession to be practiced by means of the professional corporation.
(b) The names and residence addresses of the original stockholders [,] and directors [, officers and employees] of the professional corporation.
(c) A certificate from the regulating board of the profession to be practiced showing that each of the stockholders [,] and directors [, officers and employees] is duly licensed to practice such profession.
2. Notwithstanding the provisions of NRS 78.115, a professional corporation of fewer than four stockholders may have a board of directors of fewer than three members, but of at least one member.
3. The corporate name of a professional corporation shall [bear the full name or last name of one or more persons formerly or currently associated with it. The corporation name shall end with the word Chartered or Limited, the abbreviation Ltd., the words Professional Association, or the abbreviation Prof. Assn.] contain the words Professional Corporation or the abbreviation Prof. Corp., or the word Chartered or Limited or the abbreviation Ltd. The corporate name shall contain the last name of one or more of its stockholders; but the corporation may render professional services and exercise its authorized powers under a name which is identical to its corporate name, except that the words or abbreviations set forth in the first sentence of this subsection as part of the name of the corporation may be omitted if the corporation has first registered the name to be so used in the manner required under chapter 602 of NRS for the registration of fictitious names.
κ1969 Statutes of Nevada, Page 521 (CHAPTER 303, SB 204)κ
the corporation may render professional services and exercise its authorized powers under a name which is identical to its corporate name, except that the words or abbreviations set forth in the first sentence of this subsection as part of the name of the corporation may be omitted if the corporation has first registered the name to be so used in the manner required under chapter 602 of NRS for the registration of fictitious names.
Sec. 4. NRS 89.060 is hereby amended to read as follows:
89.060 [This chapter does] The provisions of this chapter relating to professional corporations do not modify any law applicable to the relationship between a person furnishing professional service and a person receiving such service, including liability arising out of such professional service [.] ; but nothing contained in this section shall render:
1. A person personally liable in tort for any act in which he has not personally participated.
2. A director, officer or employee of a professional corporation liable in contract for any contract which he executes on behalf of a professional corporation within the limits of his actual authority.
Sec. 5. NRS 89.070 is hereby amended to read as follows:
89.070 1. [No person may be a stockholder of a professional corporation who is not authorized to render and is not actively engaged in rendering the professional service for which the corporation is organized. A professional corporation may issue the shares of its capital stock and a stockholder may transfer his shares in such corporation only to an individual who is authorized to render the professional service for which the corporation is organized. The articles of incorporation or bylaws of a professional corporation may contain, in addition to those set forth in this section, such other lawful restrictions on the issuance or transfer of shares as the stockholders or directors may consider appropriate.
2. No person who is not a stockholder may:
(a) Be an officer or director of a professional corporation.
(b) Vote any stock of a professional corporation.] No corporation organized under the provisions of this chapter may issue any of its capital stock to anyone other than an individual who is duly licensed or otherwise legally authorized to render the same specific professional services as those for which the corporation was incorporated. No stockholder of a corporation organized under this chapter shall enter into a voting trust agreement or any other type of agreement vesting another person with the authority to exercise the voting power of any or all of his stock, unless such other person is duly licensed or otherwise legally authorized to render the same specific professional services as those for which the corporation was incorporated.
2. No shares of a corporation organized under this chapter shall be sold or transferred except to an individual who is eligible to be a stockholder of such corporation or to the personal representative or estate of a deceased or legally incompetent stockholder. The personal representative or estate of such stockholder may continue to own such shares for a reasonable period, but shall not be authorized to participate in any decisions concerning the rendering of professional services. The articles of incorporation or bylaws may provide specifically for additional restrictions on the transfer of shares and may provide for the redemption or purchase of such shares by the corporation or its stockholders at prices and in a manner specifically set forth.
κ1969 Statutes of Nevada, Page 522 (CHAPTER 303, SB 204)κ
purchase of such shares by the corporation or its stockholders at prices and in a manner specifically set forth. The provisions dealing with the purchase or redemption by the corporation of its shares may not be invoked at a time or in a manner that would impair the capital of the corporation.
3. Any act in violation of this section shall be void and ineffective to pass any rights or privileges or to vest any powers, except as to an innocent person who is not a stockholder and who has relied on the effectiveness of such action.
Sec. 6. NRS 89.080 is hereby amended to read as follows:
89.080 1. [If any director, officer or employee of a professional corporation becomes legally disqualified to render the professional service, or discontinues the active practice of the professional service, for which the professional corporation was organized, the professional corporation shall immediately terminate his employment. A corporations failure to require compliance with this provision shall be a ground for the forfeiture of its charter.
2. Within 90 days following the death, insanity, bankruptcy, retirement, resignation, expulsion or other legal disqualification of a stockholder, all of the shares of such stockholder shall be purchased by the professional corporation or its stockholder.
3. If the articles of incorporation or bylaws of a professional corporation fail to fix the price or method of computing the price at which the corporation or stockholders shall purchase the shares of a deceased or disqualified stockholder, the price for such shares shall be the book value of the shares as of the end of the month immediately preceding the death or other disqualification of the stockholder and the book value shall be determined by an independent certified public accountant or an independent licensed public accountant from the books and records of the corporation by the regularly established method of accounting employed by the corporation.] If any officer, stockholder, director or employee of a corporation organized under this chapter who has been rendering professional service to the public becomes legally disqualified to render such professional services within this state, he shall sever within a reasonable period all employment with and financial interest in such corporation; but nothing contained in this chapter shall prevent a corporation formed under this chapter from entering into an employment contract with an employee that provides for severance pay or for compensation for past services upon termination of employment, whether by death or otherwise.
2. No person shall be an officer or director of a corporation organized under this chapter other than an individual who is duly licensed or otherwise legally authorized to render the same specific professional services as those for which the corporation was incorporated.
3. A corporations failure to require compliance with the provisions of this section shall be a ground for the forfeiture of its charter.
Sec. 7. NRS 89.100 is hereby amended to read as follows:
89.100 [This chapter does] The provisions of this chapter relating to professional corporations do not bar the regulating board of any profession from taking any action otherwise within its power, nor [does it] do they affect the rules of ethics or practice of any profession.
κ1969 Statutes of Nevada, Page 523 (CHAPTER 303, SB 204)κ
Sec. 8. Chapter 89 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 16, inclusive, of this act.
Sec. 9. The provisions of chapter 87 of NRS (Uniform Partnership Act) do not apply to professional associations.
Sec. 10. 1. Within 30 days following the organization of a professional association under this chapter the association shall file with the secretary of state a copy of the articles of association, duly executed, and shall pay at that time a filing fee of $25. Any such association formed as a common law association prior to the effective date of this amendatory act shall file, within 30 days of the effective date of this amendatory act, a certified copy of its articles of association, with any amendments thereto, with the secretary of state, and shall pay at that time a filing fee of $25. A copy of any amendments to the articles of association adopted after the effective date of this amendatory act shall also be filed with the secretary of state within 30 days after the adoption of such amendments. Each copy of amendments so filed shall be certified as true and correct and shall be accompanied by a filing fee of $10.
2. The name of such a professional association shall contain the words Professional Association, Professional Organization or the abbreviations Prof. Assn or Prof. Org. If the association name contains the last name of one or more of its members the association may render professional services and exercise its authorized powers under a name which is identical to its association name, except that the words or abbreviations set forth in the first sentence of this subsection as part of the name of the association may be omitted if the association has first registered the name to be so used in the manner required under chapter 602 of NRS for the registration of fictitious names.
Sec. 11. The provisions of this chapter relating to professional associations do not modify any law applicable to the relationship between a person furnishing professional service and a person receiving such service, including liability arising out of such professional service, but:
1. A member or employee of a professional association shall not be personally liable in tort for any act in which he has not personally participated.
2. A member or employee of a professional association shall not be personally liable in contract for any contract which he executes on behalf of a professional association within the limits of his actual authority.
Sec. 12. Members who organize a professional association shall all be individuals duly licensed or otherwise legally authorized to render the same specific professional services as those for which the professional association is organized. A professional association may render professional service only through its members and employees, all of whom shall be duly authorized to render such professional service.
Sec. 13. 1. If any member or employee of a professional association who has been rendering professional service to the public becomes legally disqualified to render such professional service within this state, he shall sever within a reasonable period all employment with and financial interest in such association; but nothing contained in this chapter shall prevent a professional association from entering into an employment contract with a member or employee that provides for severance pay or for compensation for past services upon termination of employment, whether by death or otherwise.
κ1969 Statutes of Nevada, Page 524 (CHAPTER 303, SB 204)κ
a member or employee that provides for severance pay or for compensation for past services upon termination of employment, whether by death or otherwise.
2. No membership interest in a professional association shall be sold or transferred except to an individual who is eligible to be a member of such association or to the personal representative or estate of a deceased or legally incompetent member. The personal representative of such a member may continue to own such interest for a reasonable period, but shall not be authorized to participate in any decisions concerning the rendering of professional service.
3. The articles of association may provide specifically for additional restrictions on the transfer of members interests and may provide for the redemption or purchase of such interest by the association or its other members at prices and in a manner specifically set forth. The provisions dealing with the purchase or redemption by the association of a members interest may not be invoked at a time or in a manner that would create a capital deficit for the association.
Sec. 14. 1. A professional association shall, on or before July 1 of each year, furnish a statement to the secretary of state showing the names and residence addresses of all members and employees in such association and shall certify that all members and employees are duly licensed or otherwise legally authorized to render professional service in this state.
2. The statement shall:
(a) Be made on a form prescribed by the secretary of state but shall contain no fiscal or other information except that expressly called for by this section.
(b) Be signed by the chief executive officer of the association and acknowledged before a notary public by the person signing the statement.
Sec. 15. The provisions of this chapter relating to professional associations do not bar the regulating board of any profession from taking any action otherwise within its power, nor do they affect the rules of ethics or practice of any profession.
Sec. 16. No professional association may do any act which is prohibited to be done by individual persons authorized to practice the profession which the professional association is organized to practice.
________
κ1969 Statutes of Nevada, Page 525κ
Senate Bill No. 27Committee on Federal, State and Local Governments
CHAPTER 304
AN ACT to amend chapter 267 of NRS, relating to the commission form of municipal government, by adding new sections authorizing public improvements, their acquisition, improvement, equipment, operation and maintenance, and the issuance of bonds for public improvements; providing for the payment of such bonds and additionally securing their payment by a pledge of municipal revenues; concerning other securities pertaining to such improvements; otherwise concerning powers, duties, rights, privileges, immunities, liabilities, disabilities, limitations and other details in connection therewith; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 267 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 36, inclusive, of this act.
Sec. 2. Sections 2 to 36, inclusive, of this act shall be known as the Commission City Bond Law.
Sec. 3. Except as otherwise provided in the Commission City Bond Law, terms used or referred to herein are as defined in the Local Government Security Law; but the definitions in sections 4 to 30, inclusive, of the Commission City Bond Law, except where the context otherwise requires, govern the construction hereof.
Sec. 4. Building project means any public building or complex of buildings to accommodate or house lawful municipal activities, including without limitation courts, records, municipal personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, maintenance shops, off-street parking facilities, fire protection and fire-fighting facilities, transportation terminal facilities and fallout shelter facilities (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.
Sec. 5. Cemetery project means facilities pertaining to a municipal cemetery for use of all inhabitants of the municipality, including without limitation sites therefor, mortuaries, mausoleums, crematories, coffins, urns, markers (or any combination thereof), and other buildings, structures, fixtures, furnishings and equipment therefor.
Sec. 6. Communications project means facilities pertaining to a municipal communications system for the broadcast, translation, transmission and relay of television, radio, telephone or telegraph, including without limitation subsurface, surface and elevated transmission and distribution lines, towers, generators, powerplants, stations, conduits, engines, meters, poles, resistors, transformers, cables, apparatus, tools, and other buildings, structures, fixtures, furnishings, equipment and other communications facilities (or any combination thereof).
Sec. 7. Drainage project, or flood control project, or any phrase of similar import, means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and flood waters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gages, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures, and buildings, flood warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water diversion, drainage and flood control facilities (or any combination thereof).
κ1969 Statutes of Nevada, Page 526 (CHAPTER 304, SB 27)κ
collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and flood waters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gages, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures, and buildings, flood warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water diversion, drainage and flood control facilities (or any combination thereof).
Sec. 8. Electric project means facilities pertaining to a municipal electric heat, light and power system for the generation, transportation and distribution of electrical energy, including without limitation ponds, lakes, dams, spillways, reservoirs, towers, generators, pumping plants, powerplants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, poles, resistors, transformers, apparatus, tools, equipment, fixtures, structures, buildings and other electric energy generation, transmission and distribution facilities (or any combination thereof).
Sec. 9. Equipment or equip means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to any project, or any interest therein, herein authorized, and includes the acquisition of passenger cars, pickups, other trucks and other motor vehicles for use by the municipality in connection with municipal facilities or a division of government to which such project pertains, as the governing body of the municipality may determine.
Sec. 10. Fire protection project means any facilities for a municipal fire protection system, including without limitation fire stations, pumper trucks, hook and ladder trucks, rescue trucks, fire engines, other motor vehicles, waterworks, hydrants and other water supply facilities, telegraphic fire signals, telephone, telegraph, radio and television service facilities, hooks, ladders, chutes, buckets, gauges, hoses, pumps, fire extinguishers, fans, artificial lights, respirators, rescue equipment and other fire protection and fire-fighting apparatus (or any combination thereof), and other buildings, structures, furnishings and equipment therefor.
Sec. 11. Flood control project means a drainage project as defined in section 7 of this act.
Sec. 12. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto, and hereunder refer to the Commission City Bond Law and not solely to the particular portion thereof in which such word is used.
Sec. 13. Municipal means pertaining to a municipality as defined in section 14 of this act.
κ1969 Statutes of Nevada, Page 527 (CHAPTER 304, SB 27)κ
Sec. 14. Municipality means any incorporated city having the type of commission form of government described in paragraph (b) of subsection 1 of NRS 267.010.
Sec. 15. Off-street parking project means parking facilities for the parking of motor vehicles off the public streets, including without limitation graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators and traffic-control equipment (or any combination thereof).
Sec. 16. Overpass project means any bridge, viaduct or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, over any street, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, cross-walks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).
Sec. 17. Park project means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, club houses, tennis courts, swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment and other recreational facilities (or any combination thereof).
Sec. 18. Project means any structure, facility, undertaking or system which a municipality is herein authorized to acquire, improve, equip, operate and maintain. A project may consist of any kinds of property, including without limitation grounds and other real property as a site or sites for any capital improvements or otherwise pertaining to a project.
Sec. 19. Property means real property, personal property, mixed property or any other property (or any combination thereof).
Sec. 20. Real property means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limitation rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Sec. 21. Recreational project means parks, playgrounds, swimming pools, golf courses, tennis courts, squash courts, other courts, ball fields, other athletic fields, tracks, racecourses, playgrounds, stadiums, fieldhouses, rinks, gymnasiums, appurtenance shower, locker and other bathhouse facilities, amusement halls, dance halls, auditoriums, arenas, theaters, concert halls, museums, exposition buildings, aviaries, aquariums, zoological gardens, biological gardens and vivariums (or any combination thereof), and structures, fixtures, furnishings and equipment therefor.
Sec. 22. Refuse project means facilities for the collection and disposal of garbage, refuse and solid waste, including without limitation sites therefor, incinerators, motor vehicles, other collection and disposal facilities (or any combination thereof), and buildings, structures, fixtures, furnishings and equipment therefor.
κ1969 Statutes of Nevada, Page 528 (CHAPTER 304, SB 27)κ
sites therefor, incinerators, motor vehicles, other collection and disposal facilities (or any combination thereof), and buildings, structures, fixtures, furnishings and equipment therefor.
Sec. 23. Sewerage project means facilities pertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes and transmission lines, pumping plants, filter plants, powerplants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof). A sewage project may include as a part thereof a drainage project as defined in section 7 of this act.
Sec. 24. Sidewalk project means any sidewalk and capital improvements pertaining thereto, including without limitation graded, regraded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment and pedestrian mall (or any combination thereof).
Sec. 25. State means the State of Nevada, or any agency, instrumentality or corporation thereof; and where the context so indicates, state means the geographical area comprising the State of Nevada.
Sec. 26. Street means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, or any sidewalk designed primarily for use by pedestrians.
Sec. 27. Street project means any street and capital improvements pertaining thereto, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, cross-walks, sidewalks, pedestrian rights-of-ways, driveway approaches, curb cuts, curbs, gutters, sidewalks, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, malls, grade separators, traffic separators and traffic-control equipment (or any combination thereof).
Sec. 28. Transportation project means facilities for a municipal system of transportation, including without limitation surface, underground or overhead railways, tramways, buses or any other means of local transportation other than taxis, passenger terminal and parking facilities, and other buildings, structures, furnishings and equipment therefor.
Sec. 29. Underpass project means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, including without limitation approaches, ramps, structures, cross-walks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).
κ1969 Statutes of Nevada, Page 529 (CHAPTER 304, SB 27)κ
manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof).
Sec. 30. Water project means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, powerplants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connection, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).
Sec. 31. Any governing body of a municipality, upon its behalf and in its name, without any election, may at any time or from time to time, acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. An off-street parking project;
8. An overpass project;
9. A park project;
10. A recreational project;
11. A refuse project;
12. A sewerage project;
13. A sidewalk project;
14. A street project;
15. A transportation project;
16. An underpass project; and
17. A water project.
Sec. 32. 1. For the purpose of defraying wholly or in part the cost of the acquisition, improvement and equipment (or any combination thereof) of any project or projects herein authorized, the governing body of any municipality, at any time or from time to time, in the name and on the behalf of the municipality, may issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended, except as otherwise provided in subsection 2:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such capital improvements, and if so determined by the governing body of the municipality further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the municipality or from any license or other excise taxes levied by the municipality for revenue, as may be legally made available for their payment.
κ1969 Statutes of Nevada, Page 530 (CHAPTER 304, SB 27)κ
governing body of the municipality further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the municipality or from any license or other excise taxes levied by the municipality for revenue, as may be legally made available for their payment.
2. Any municipality organized and existing under a charter framed and adopted by the electors of the municipality as permitted by this chapter and a supplemental enabling act may issue any such bonds without any compliance with NRS 350.010 to 350.070, inclusive, if such charter provides a procedure for issuing general obligation bonds of the municipality by the municipality publishing a notice of its intent to issue the bonds without an election in the absence of a referendum petition being filed and requiring an election, and if the bonds herein authorized are authorized to be issued in at least substantial compliance with such charter provisions.
Sec. 33. Subject to the provisions of section 32 of this act, in connection with any project herein authorized the governing body of any municipality, as the governing body may determine from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated, and evidence such obligations by the issuance of general obligation bonds and other general obligation securities, and in connection with such undertaking or project, the governing body may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 34. Any municipality issuing securities hereunder which constitute the incurrence of an additional indebtedness of the municipality shall not by the issuance of such securities contravene any debt limitation pertaining to the municipality and fixed by law other than by the Commission City Bond Law.
Sec. 35. In order to insure the payment, wholly or in part, of the general obligation securities of the municipality the payment of which bonds is additionally secured by a pledge of the revenues derived from any such income-producing project and from any such excise taxes, the governing body of the municipality may establish and maintain, and the governing body may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the project and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the governing body authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 36. 1. No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the act herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
2. The powers conferred by sections 2 to 36, inclusive, of this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by sections 2 to 36, inclusive, of this act shall not affect the powers conferred by, any other law.
3. No part of sections 2 to 36, inclusive, of this act shall repeal or affect any other law or part thereof, it being intended that sections 2 to 36, inclusive, of this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and sections 2 to 36, inclusive, of this act shall not be construed as repealing, amendment or changing any such other law.
κ1969 Statutes of Nevada, Page 531 (CHAPTER 304, SB 27)κ
affect any other law or part thereof, it being intended that sections 2 to 36, inclusive, of this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and sections 2 to 36, inclusive, of this act shall not be construed as repealing, amendment or changing any such other law.
Sec. 37. This act shall become effective upon passage and approval.
________
Assembly Bill No. 116Mr. Lowman
CHAPTER 305
AN ACT relating to crimes against property; including vehicle theft within the crimes of grand and petit larceny; repealing NRS 205.272, relating to the unlawful taking of vehicles; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.220 is hereby amended to read as follows:
205.220 Every person who shall feloniously steal, take and carry away, lead or drive away the personal goods or property of another, of the value of $100 or more [, except a vehicle as defined in NRS 482.135,] shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $5,000.
Sec. 2. NRS 205.240 is hereby amended to read as follows:
205.240 Every person who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of $100 [, except a vehicle as defined in NRS 482.135] ; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under $100, except those described in paragraph (a) of subsection 1 of NRS 205.225, commits petit larceny and is guilty of a misdemeanor.
Sec. 3. NRS 205.271 is hereby amended to read as follows:
205.271 As used in NRS [205.272 to 205.274, inclusive,] 205.273 and 205.274, the word owner means a person having the lawful use or control or the right to the use and control of a vehicle under a lease or otherwise for a period of 10 or more successive days.
Sec. 4. NRS 205.272 is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 532κ
Senate Bill No. 198Senators Swobe and Gibson
CHAPTER 306
AN ACT relating to taxation; providing for the submission to the registered voters at the general election in 1970 of the question whether the Sales and Use Tax Act of 1955 and the Local School Support Tax Law should be amended to exempt prescription drugs from such taxes and to remove the exemption from such taxes on the sale of periodicals; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. At the general election on November 3, 1970, a proposal shall be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law shall be in substantially the following form:
Notice is hereby given that at the general election on November 3, 1970, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955.
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 56.1, which shall immediately follow section 56 and shall read as follows:
Section 56.1. 1. These are exempted from the taxes imposed by this act the gross receipts from sales and the storage, use or other consumption of medicines:
(a) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law; or
(b) Furnished by a licensed physician, dentist or chiropodist to his own patient for the treatment of the patient; or
κ1969 Statutes of Nevada, Page 533 (CHAPTER 306, SB 198)κ
(c) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or chiropodist; or
(d) Sold to a licensed physician, dentist, chiropodist or hospital for the treatment of a human being.
2. Medicine means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.
3. Medicine does not include:
(a) Any auditory, prosthetic, ophthalmic or ocular device or appliance.
(b) Articles which are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, crutches, canes, braces, devices or other mechanical, electronic, optical or physical equipment.
(c) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine as defined by subsection 2.
4. Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on prescription within the meaning of this section.
Sec. 2. Section 61 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 773, is hereby amended to read as follows:
Section 61. There are exempted from the taxes imposed by this act the gross receipts from the sale of and the storage, use, or other consumption in this state of tangible personal property which becomes an ingredient or component part of any newspaper [or periodical] regularly issued at average intervals not exceeding [three months] 1 week and any such newspaper. [or periodical.]
Sec. 3. This act shall become effective on January 1, 1971.
Sec. 4. The ballot labels to be used on voting machines used in voting on the question shall be in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to exempt from such taxes prescription medicines and to repeal the exemption of periodicals sales from such taxes?
Yes............... No...............
Sec. 5. The paper ballots to be used shall contain the question to be voted upon and an explanation in substantially the following form:
Shall-An Act to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955.-be approved?
Yes............
No............
κ1969 Statutes of Nevada, Page 534 (CHAPTER 306, SB 198)κ
(Explanation of Question)
The proposed amendments to the Sales and Use Tax of 1955 would exempt prescription medicines from the taxes effective January 1, 1971, and impose such taxes on sales of periodicals effective January 1, 1971. A yes vote is to provide for the exemption on prescription medicines and to tax periodical sales. A no vote is a vote not to provide the exemption on prescription medicines and not to tax periodical sales.
Sec. 6. If a majority of the votes cast on the question is yes, the amendments to the Sales and Use Tax Act of 1955 shall become effective on January 1, 1971. If a majority of the votes cast on the question is no, the question shall have failed and the amendments to the Sales and Use Tax Act of 1955 shall not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held shall be so construed as not to invalidate the adoption of the act by a majority of the registered voters, voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether such amendments were adopted or rejected by a majority of such registered voters.
Sec. 9. NRS 374.320 is hereby amended to read as follows:
374.320 There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property which becomes an ingredient or component part of any newspaper [or periodical] regularly issued at average intervals not exceeding [3 months] 1 week and any such newspaper. [or periodical.]
Sec. 10. Chapter 374 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There are exempted from the taxes imposed by this act the gross receipts from sales and the storage, use or other consumption of medicines:
(a) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law; or
(b) Furnished by a licensed physician, dentist or chiropodist to his own patient for the treatment of the patient; or
(c) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or chiropodist; or
(d) Sold to a licensed physician, dentist, chiropodist or hospital for the treatment of a human being.
2. Medicine means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.
3. Medicine does not include:
(a) Any auditory, prosthetic, ophthalmic or ocular device or appliance.
κ1969 Statutes of Nevada, Page 535 (CHAPTER 306, SB 198)κ
(b) Articles which are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, crutches, canes, braces, devices or other mechanical, electronic, optical or physical equipment.
(c) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine as defined by subsection 2.
4. Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on prescription within the meaning of this section.
Sec. 11. Sections 1 to 8, inclusive, of this act shall become effective on July 1, 1969. Sections 9 and 10 shall become effective on January 1, 1971, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 3, 1970.
________
Assembly Bill No. 553Messrs. McKissick and Lowman
CHAPTER 307
AN ACT authorizing peace officers to stop, question and search criminal suspects; and providing other matters properly relating thereto.
[Approved April 11, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. Any peace officer may detain any person whom such officer encounters under circumstances which reasonably indicate that such person has committed, is committing or is about to commit a crime.
2. The officer may detain such person only to ascertain the identity of such person and the suspicious circumstances surrounding his presence abroad. Any person so detained shall not be compelled to answer any inquiry of any peace officer.
3. No person may be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 15 minutes. Such detention shall not extend beyond the place or the immediate vicinity of the place where the detention was first effected.
Sec. 3. At any time after the onset of the detention pursuant to section 2 of this act, the person so detained shall be arrested if probable cause for an arrest appears. If, after inquiry into the circumstances which prompted the detention, no probable cause for arrest appears, such person shall be released.
Sec. 4. 1. If any peace officer reasonably believes that any person whom he has detained or is about to detain pursuant to section 2 of this act is armed with a dangerous weapon and is a threat to the safety of the peace officer or another, the peace officer may search such person to the extent reasonably necessary to ascertain the presence of such weapon. If the search discloses a weapon or any evidence of a crime, such weapon or evidence may be seized.
κ1969 Statutes of Nevada, Page 536 (CHAPTER 307, AB 553)κ
the search discloses a weapon or any evidence of a crime, such weapon or evidence may be seized.
2. Nothing seized by a peace officer in any such search is admissible in any proceeding unless the search which disclosed the existence of such evidence is authorized by and conducted in compliance with this section.
________
Assembly Bill No. 230Mr. Swackhamer
CHAPTER 308
AN ACT relating to real property transfer tax; exempting the transfer of unpatented mining claims from such tax; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 375 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of this chapter do not apply to the transfer, assignment or any conveyance of unpatented mines or mining claims.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 270Committee on Transportation
CHAPTER 309
AN ACT relating to drivers licenses; adopting single drivers license; permitting classification of drivers licenses; providing penalties; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Driver means a person who is in actual physical control of a vehicle upon a highway.
Sec. 3. Drivers license means a license issued under the laws of this state authorizing a person to drive a motor vehicle in this state.
Sec. 4. License or license to drive a motor vehicle means any drivers license or permit to operate a vehicle issued under or granted by the laws of this state, including:
1. Any temporary license or instruction permit; and
2. The privilege to drive a vehicle by a person who does not hold a drivers license.
κ1969 Statutes of Nevada, Page 537 (CHAPTER 309, AB 270)κ
Sec. 5. Licensee means a person who has a license.
Sec. 6. 1. The department upon issuing a drivers license shall indicate thereon the type or class of vehicles which the licensee may drive.
2. The department shall establish such qualifications as it believes reasonably necessary for the safe driving of the various types, sizes or combinations of vehicles and shall appropriately examine each applicant to determine his qualification according to the type or class of license applied for.
Sec. 7. 1. The department shall not license a person under the age of 18 years to drive a motor vehicle when in use as a school bus transporting children or when in use for the transporting of persons for compensation unless he has had at least 1 year of licensed driving experience exclusive of experience gained while driving a motorcycle or power cycle.
2. In addition to the requirement of subsection 1, the department shall not license a person under the age of 18 years to drive a motor vehicle when in use as a school bus transporting children unless:
(a) Such person is over the age of 17 years; and
(b) The board of trustees of the school district in which the school bus is to be driven recommends the licensing of such person.
Sec. 8. NRS 483.010 is hereby amended to read as follows:
483.010 NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, may be cited as the Uniform Motor Vehicle [Operators and Chauffeurs] Drivers License Act.
Sec. 9. NRS 483.020 is hereby amended to read as follows:
483.020 When used in NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, the words and phrases [contained] defined in NRS 483.030 to 483.190, inclusive, [shall, for the purpose of NRS 483.010 to 483.630, inclusive,] and sections 2 to 5, inclusive, of this act have the meanings respectively ascribed to them in [NRS 483.030 to 483.190, inclusive.] such sections.
Sec. 10. NRS 483.040 is hereby amended to read as follows:
483.040 Cancellation or canceled means that a license which was issued through error or fraud is declared void and terminated. A new license may be obtained only as permitted in NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 11. NRS 483.120 is hereby amended to read as follows:
483.120 Owner means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 12. NRS 483.150 is hereby amended to read as follows:
483.150 Revocation means that the licensees privilege to drive a vehicle is terminated. A new license may be obtained only as permitted in NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
κ1969 Statutes of Nevada, Page 538 (CHAPTER 309, AB 270)κ
Sec. 13. NRS 483.200 is hereby amended to read as follows:
483.200 1. The administrator is authorized to employ examiners, deputies and such other help as may be necessary to carry out the provisions of NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
2. The department may appoint as examiners, sheriffs, chiefs of police or other officials or private citizens whom it deems qualified.
3. Any sheriff, chief of police or other person accepting appointment as an examiners shall conduct examinations under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, and make such written reports of findings and recommendations to the department as it may require.
Sec. 14. NRS 483.220 is hereby amended to read as follows:
483.220 The administrator is authorized to promulgate rules and regulations governing activities of the department under NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 15. NRS 483.230 is hereby amended to read as follows:
483.230 1. [No person, except those expressly exempted in NRS 483.010 to 483.630, inclusive, shall drive any motor vehicle upon a highway in this state on or after June 30, 1941, unless such person has a valid license as an operator or chauffeur under the provisions of NRS 483.010 to 483.630, inclusive.
2. Any person holding a valid chauffeurs license under the provisions of NRS 483.010 to 483.630, inclusive, need not procure an operators license.
3. Any person licensed as an operator or chauffeur under the provisions of NRS 483.010 to 483.630, inclusive,] Except persons expressly exempted in NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, a person shall not drive any motor vehicle upon a highway in this state unless such person has a valid license as a driver under the provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act for the type or class of vehicle being driven.
2. Any person licensed as a driver under the provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act may exercise the privilege thereby granted upon all streets and highways of this state and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board or body having authority to adopt local police regulations.
3. Except persons expressly exempted in NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, a person shall not steer or exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway unless such person has a license to drive the type or class of vehicle being towed.
4. A person shall not receive a drivers license until he surrenders to the department all valid licenses in his possession issued to him by this or any other jurisdiction. Surrendered licenses issued by another jurisdiction shall be returned by the department to such jurisdiction. A person shall not have more than one valid drivers license.
Sec. 16. NRS 483.240 is hereby amended to read as follows:
483.240 The following persons are exempt from license under the provisions of NRS 483.010 to 483.630, inclusive [:
κ1969 Statutes of Nevada, Page 539 (CHAPTER 309, AB 270)κ
1. Any person while operating a motor vehicle in the service of the Army, Navy or Marine Corps of the United States.
2. Any person while driving or operating any road machine, farm tractor or implement of husbandry temporarily operated or moved on a highway.
3. A nonresident who is at least 16 years of age and who has in his immediate possession a valid operators license issued to him in his home state or country may operate a motor vehicle in this state only as an operator.
4. A nonresident who is at least 18 years of age and who has in his immediate possession a valid chauffeurs license issued to him in his home state or country may operate a motor vehicle in this state either as an operator or chauffeur.
5. Any nonresident who is at least 18 years of age, whose home state or country does not require the licensing of operators, may operate a motor vehicle as an operator only for a period of not more than 90 days in any calendar year, if the motor vehicle so operated is duly registered in the home state or country of such nonresident.] , and sections 2 to 7, inclusive, of this act:
1. Any person while driving a motor vehicle in the service of the Armed Forces.
2. Any person while driving any road machine, farm tractor or implement of husbandry temporarily operated or moved on a highway.
3. A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country may drive a motor vehicle in this state of the type or class he may operate in his home state or country.
4. Any nonresident who is at least 18 years of age, whose home state or country does not require the licensing of drivers, may drive a motor vehicle for a period of not more than 90 days in any calendar year, if the motor vehicle driven is duly registered in the home state or country of such nonresident.
5. A nonresident on active duty in the Armed Forces who has a valid license issued by his home state and such nonresidents spouse or dependent child who has a valid license issued by such state.
6. Any person on active duty in the Armed Forces who has a valid license issued in a foreign country by the Armed Forces may drive a motor vehicle for a period of not more than 45 days from the date of his return to the United States.
Sec. 17. NRS 483.245 is hereby amended to read as follows:
483.245 1. When a person who owns a motor vehicle required to be registered under the provisions of chapter 482 of NRS, and who was formerly a nonresident, becomes a resident, he may continue to use a valid license from another jurisdiction until such time as it becomes necessary for him to register such motor vehicle in this state. At that time he shall be required to obtain a Nevada license as a prerequisite to [operation of] driving any motor vehicle in the State of Nevada.
2. Where a person who applies for a license has a valid [operators] drivers license from a state which has requirements for issuance of [operators] drivers licenses comparable to those of the State of Nevada, the department may:
κ1969 Statutes of Nevada, Page 540 (CHAPTER 309, AB 270)κ
(a) Waive the examination for such person and issue a Nevada license which shall expire no later than the license from such other state; or
(b) Issue a Nevada license under the same terms and conditions applicable to a renewal of a license in this state.
Sec. 18. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive [:] , and sections 2 to 7, inclusive, of this act:
1. To any person [, as an operator,] who is under the age of 16 years, except that the department may issue:
(a) A restricted [operators] license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. [To any person, as a chauffeur, who is under the age of 18 years, except as provided in NRS 483.260.
3.] To any person [, as an operator or chauffeur,] whose license has been revoked until the expiration of the period for which such license was revoked; nor to any person whose license has been suspended; but, upon good cause shown to the administrator, the department may issue a restricted license to such person or shorten any period of suspension.
[4.] 3. To any person [, as an operator or chauffeur,] who is an habitual drunkard or is addicted to the use of narcotic drugs.
[5.] 4. To any person [, as an operator or chauffeur,] who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
[6.] 5. To any person [, as an operator or chauffeur,] who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless such person [shall have] has successfully passed such examination.
[7.] 6. To any person when the administrator has good cause to believe that such person by reason of physical or mental disability would not be able to [operate] drive a motor vehicle with safety upon the highways.
[8.] 7. To any person when the administrator has good reason to believe that the [operation] driving of a motor vehicle on the highways by such person would be inimical to public safety or welfare. Two or more convictions of driving while under the influence of intoxicating liquors or of stimulating or stupefying drugs shall be sufficient evidence of conduct inimical to the public welfare, and the administrator shall refuse to issue or renew [an operators or chauffeurs] a license for a person so convicted until it [shall have been] is proven to the reasonable satisfaction of the administrator that such issuance or renewal is not opposed to the public interest.
κ1969 Statutes of Nevada, Page 541 (CHAPTER 309, AB 270)κ
8. To any person who is not a resident of this state.
Sec. 19. NRS 483.270 is hereby amended to read as follows:
483.270 1. The department may issue a restricted [operators] license to any pupil between the ages of 14 and 16 years who is attending a public school in a school district in this state when transportation to and from school is not provided by the board of trustees of the school district and it is impossible or impractical to furnish such pupil with private transportation to and from school.
2. An application for the issuance of a restricted [operators] license under this section shall:
(a) Be made upon a form provided by the department.
(b) Be signed and verified as provided in NRS 483.300.
(c) Be approved by the board of trustees of the school district.
(d) Contain such other information as may be required by the department.
3. Any restricted [operators] license issued pursuant to this section:
(a) Shall be effective only for the school year during which it is issued or for a more restricted period.
(b) Shall authorize the licensee to [operate] drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.
(c) Shall contain such other restrictions as the department may deem necessary and proper.
(d) May authorize the licensee to transport as passengers in a motor vehicle [operated] driven by him, only while he is going to and from school, members of his immediate family, or other minor persons upon written consent of the parents or guardians of such minors; but in no event shall the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.
4. No restricted [operators] license shall be issued under the provisions of this section until the department is satisfied fully as to the applicants competency and fitness to [operate] drive a motor vehicle.
Sec. 20. NRS 483.280 is hereby amended to read as follows:
483.280 1. Any person who is at least 15 1/2 years of age may apply to the department for an instruction permit. The department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having such permit in his immediate possession, to drive a motor vehicle upon the highways for a period of [6] 8 months when accompanied by a licensed [operator or chauffeur] driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. No license may be issued until the applicant has reached [his 16th birthday.] the age of 16 years. The term licensed driving experience as used in this subsection does not include driving experience gained under an instruction permit pursuant to the provisions of this section.
2. The department may, in its discretion, issue a temporary drivers permit to an applicant for [an operators] a drivers license permitting him to [operate] drive a motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants right to receive [an operators] a drivers license.
κ1969 Statutes of Nevada, Page 542 (CHAPTER 309, AB 270)κ
permit to an applicant for [an operators] a drivers license permitting him to [operate] drive a motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants right to receive [an operators] a drivers license. Such permit must be in his immediate possession while [operating] driving a motor vehicle, and it shall be invalid when the applicants license has been issued or for good cause has been refused.
3. The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or more restricted period, to an applicant who is enrolled in a driver-education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for [an operators] a drivers license. Such instruction permit shall entitle the permittee when he has such permit in his immediate possession to [operate] drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.
Sec. 21. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for [an operators or chauffeurs] a drivers license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
2. Every application shall be accompanied by the required fee.
3. Every application shall state the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as [an operator or chauffeur,] a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal [.] , and such other information as the department may require to determine the applicants competency and eligibility.
4. Every applicant between the ages of 14 and 21 years shall furnish proof of his age by displaying a birth certificate, baptismal certificate or other proof acceptable to the department.
Sec. 22. NRS 483.295 is hereby amended to read as follows:
483.295 1. Whenever an application for an instruction permit or for [an operators or chauffeurs] a drivers license is received from a person previously licensed in another state, the department shall request a copy of the [operators] drivers record from such other state. When received, the [operators] drivers record shall become a part of the [operators] drivers record in this state with the same effect as though entered on the [operators] drivers record in this state in the original instance.
2. Whenever the department receives a request for [an operators] a drivers record from another licensing state the record shall be forwarded without charge.
Sec. 23. NRS 483.300 is hereby amended to read as follows:
483.300 1. The application of any person under the age of 18 years for an instruction permit or [operators] drivers license shall be signed and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or in the event neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or in the event there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act upon a person signing the application of a minor.
κ1969 Statutes of Nevada, Page 543 (CHAPTER 309, AB 270)κ
and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or in the event neither parent is living, then by the person or guardian having such custody, or by an employer of such minor, or in the event there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act upon a person signing the application of a minor.
2. Any negligence or willful misconduct of a minor under the age of 18 years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of such minor for a permit or license, which person shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct.
Sec. 24. NRS 483.310 is hereby amended to read as follows:
483.310 Any person who has signed the application of a minor for a license may thereafter file with the department a verified written request that the license of the minor so granted be canceled. Thereupon, the department shall cancel the license of the minor, and the person who signed the application of such minor shall be relieved from the liability imposed under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor in [operating] driving a motor vehicle.
Sec. 25. NRS 483.320 is hereby amended to read as follows:
483.320 The department, upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for a license, shall cancel such license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act. This provision shall not apply in the event the minor has attained the age of 18 years.
Sec. 26. NRS 483.330 is hereby amended to read as follows:
483.330 1. The department shall examine every applicant for [an operators or chauffeurs license, except as otherwise provided in this section.] a drivers license. Such examination may be held in the county where the applicant resides within 30 days from the date application is made. It shall include a test of the applicants eyesight, his ability to read and understand [highway signs regulating, warning and directing traffic,] official traffic control devices, his knowledge of safe driving practices and the traffic laws of this state, and, except as provided in subsection 3, shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle [and] of the type or class of vehicle for which he is to be licensed. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicants fitness to [operate] drive a motor vehicle safely upon the highways.
2. Notwithstanding the provisions of subsection 1, the department may provide by regulation for the acceptance of a report from an ophthalmologist, oculist or optometrist in lieu of an eye test by a drivers license examiner.
3. If the department establishes a type or classification of drivers license to operate a motor vehicle of a type which is not normally available for the purpose of examining an applicants ability to exercise ordinary and reasonable control of such vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a past, present or prospective employer of such an applicant, or an approved driver training school, in lieu of such actual demonstration.
κ1969 Statutes of Nevada, Page 544 (CHAPTER 309, AB 270)κ
license to operate a motor vehicle of a type which is not normally available for the purpose of examining an applicants ability to exercise ordinary and reasonable control of such vehicle, the department may, by regulation, provide for the acceptance of an affidavit from a past, present or prospective employer of such an applicant, or an approved driver training school, in lieu of such actual demonstration.
Sec. 27. NRS 483.340 is hereby amended to read as follows:
483.340 The department shall (upon payment of the required fee) issue to every applicant qualifying therefor [an operators or chauffeurs license as applied for,] a drivers license indicating the type or class of vehicles the licensee may drive, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be valid until it has been so signed by the licensee.
Sec. 28. NRS 483.350 is hereby amended to read as follows:
483.350 Every licensee shall have his [operators or chauffeurs] drivers license in his immediate possession at all times when [operating] driving a motor vehicle and shall [display the same,] manually surrender the license for examination, upon demand [of] , to a justice of the peace, a peace officer, or a deputy of the department. However, no person charged with violating this section shall be convicted if he produces in court or the office of the arresting officer [an operators or chauffeurs] a drivers license theretofore issued to him and valid at the time of [his arrest.] the demand.
Sec. 29. NRS 483.360 is hereby amended to read as follows:
483.360 1. The department upon issuing [an operators or chauffeurs] a drivers license shall have authority, whenever good cause appears, to impose restrictions suitable to the licensees driving ability with respect to [the type of or] special mechanical control devices required on a motor vehicle which the licensee may [operate,] drive, or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe [operation] driving of a motor vehicle by the licensee.
2. The department may either issue a special restricted license or may set forth such restrictions upon the usual license form.
3. The department may, upon receiving satisfactory evidence of any violation of the restrictions of such license, suspend or revoke the same, but the licensee shall be entitled to a hearing as upon a suspension or revocation under NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
4. It is a misdemeanor for any person to [operate] drive a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him.
Sec. 30. NRS 483.370 is hereby amended to read as follows:
483.370 In the event that an instruction permit or [operators or chauffeurs] drivers license issued under the provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act is lost or destroyed, the person to whom the same was issued may (upon payment of the rental fee) obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the department that such permit or license has been lost or destroyed.
κ1969 Statutes of Nevada, Page 545 (CHAPTER 309, AB 270)κ
of the rental fee) obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the department that such permit or license has been lost or destroyed.
Sec. 31. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every [operators and chauffeurs] drivers license issued after the effective date of this act shall expire on the [fifth] fourth anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance. [, except that any such license issued on or after the 65th birthday of the applicant shall expire on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance.] Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, be considered to have the anniversary of his birth fall on February 28. Every such license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and, except as provided in subsection 6, each applicant for renewal shall appear before a drivers license examiner and [submit to an eye test.] successfully pass a test of his eyesight.
2. Thirty days prior to the expiration of his license, the drivers license division of the department shall mail to each licensee who has not already renewed his license an [unvalidated renewal license. Before using such renewal license, the licensee shall present it to a drivers license examiner for validation upon the same conditions as applications for renewal are granted.] expiration notice and prepare a renewal license. The department may require an applicant for a renewal license successfully to pass such additional tests as the department may find reasonably necessary to determine his qualification according to the type or class of license applied for.
3. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330.
4. All persons whose licenses have expired must take the regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license with the exception of the following persons who are exempt from the foregoing penalty:
(a) Persons who have not driven a motor vehicle subsequent to the expiration of their Nevada drivers license and who submit an affidavit stating such fact;
(b) Persons renewing an expired Nevada drivers license who have in their possession a valid drivers license from another jurisdiction; and
(c) Persons whose Nevada drivers license has expired during a period of suspension, if a renewal application is completed within 30 days from the date of eligibility for renewal.
[2. Operators or chauffeurs licenses or renewal licenses for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during time of war or national emergency, shall be extended by the department to the termination of such service.
κ1969 Statutes of Nevada, Page 546 (CHAPTER 309, AB 270)κ
or national emergency, shall be extended by the department to the termination of such service.
3.] 5. The department may, by regulation, defer the expiration of the drivers license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such person if the spouse or child is residing with such person.
6. The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a drivers license examiner in any case in which the applicant is unable to appear in person during the required time because of absence from the state or other good cause.
Sec. 32. NRS 483.390 is hereby amended to read as follows:
483.390 1. Whenever any person after applying for or receiving [an operators or chauffeurs] a drivers license shall move from the address named in such application or in the license issued to him, or when the name of a licensee is changed by marriage or otherwise, such person shall within 10 days thereafter notify the drivers license division of the department [in writing] of his new and old addresses, or of such former and new names, and of the number of any license then held by him.
2. Where the licensee has filed to notify the drivers license division as required by subsection 1, and a renewal license has been prepared as provided in NRS 483.380, an assessment of $1 shall be imposed to cover the cost of reprocessing the renewal license, which assessment shall be added to the license renewal fee.
Sec. 33. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license issued [the following fees] a $5 fee shall be charged. [:
Operators license for a person under 65 years of age................................. $3
Operators license for a person 65 years of age or older............................. 1
Chauffeurs license for a person under 65 years of age............................... 5
Chauffeurs license for a person 65 years of age or older........................... 2]
2. For every reinstatement or duplication of a license or change of name or address the following fees shall be charged:
Reinstatement of license after suspension, revocation or cancellation.... $5
Duplicate license................................................................................................ 1
Change of name.................................................................................................. 1
Change of address............................................................................................. 1
3. A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 unless exempt under NRS 483.380.
4. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
5. All money collected by the administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.
κ1969 Statutes of Nevada, Page 547 (CHAPTER 309, AB 270)κ
Sec. 34. NRS 483.420 is hereby amended to read as follows:
483.420 1. The department is hereby authorized to cancel any [operators or chauffeurs] drivers license upon determining that the licensee was not entitled to the issuance thereof under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, or that the licensee failed to give the required or correct information in his application or committed any fraud in making such application.
2. Upon such cancellation, the licensee must surrender the license canceled to the department.
Sec. 35. NRS 483.430 is hereby amended to read as follows:
483.430 1. The privilege of driving a motor vehicle on the highways of this state given to a nonresident under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act shall be subject to suspension or revocation by the department in like manner and for like cause as [an operators or chauffeurs] a drivers license issued under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act may be suspended or revoked.
2. The department is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
3. When a nonresidents driving privilege is suspended or revoked in this state, the department shall forward a copy of the record of such action to the motor vehicle administrator in the state where such driver resides.
Sec. 36. NRS 483.440 is hereby amended to read as follows:
483.440 The department is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of [the license of an operator or chauffeur.] his license.
Sec. 37. NRS 483.450 is hereby amended to read as follows:
483.450 1. Whenever any person is convicted of any offense for which NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act make mandatory the revocation of the [operators or chauffeurs] drivers license of such person by the department, the court in which such conviction is had shall require the surrender to it of all [operators or chauffeurs] drivers licenses then held by the person so convicted, and the court shall thereupon, within 5 days, forward the same, together with a record of such conviction, to the department.
2. Such record of conviction shall be made upon a form furnished by the department and shall include the name and address of the person charged, the number of his [operators or chauffeurs] drivers license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture, and a statement that the license was revoked or suspended as the case may be.
3. Every court having jurisdiction over offenses committed under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within 5 days, forward to the department a record of the conviction of any person in such court for a violation of any such laws other than regulations governing standing or parking, and may recommend the suspension of the [operators or chauffeurs] drivers license of the person so convicted.
κ1969 Statutes of Nevada, Page 548 (CHAPTER 309, AB 270)κ
NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within 5 days, forward to the department a record of the conviction of any person in such court for a violation of any such laws other than regulations governing standing or parking, and may recommend the suspension of the [operators or chauffeurs] drivers license of the person so convicted.
4. For the purposes of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, the term conviction [shall mean] means a final conviction. Also, for the purpose of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, a forfeiture of bail or collateral deposited to secure a defendants appearance in court, which forfeiture has not been vacated, [shall be] is equivalent to a conviction.
5. The necessary expenses of mailing licenses and records of conviction to the department as required by subsections 1 and 3 of this section shall be paid by the court charged with the duty of forwarding such licenses and records of conviction.
Sec. 38. NRS 483.460 is hereby amended to read as follows:
483.460 [The] Unless otherwise provided by law, the department shall forthwith revoke, for a period of 1 year, the license of any [operator or chauffeur] driver upon receiving a record of such [operators or chauffeurs] drivers conviction of any of the following offenses, when such conviction has become final:
1. Manslaughter resulting from the [operation] driving of a motor vehicle.
2. A second conviction of driving a motor vehicle while under the influence of intoxicating liquor or [a narcotic drug;] the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or of inhalation, ingestion, application or other use of any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders the driver incapable of safely driving; but the revocation provided for in this subsection shall in no event exceed the time fixed as provided in subsection 3 of NRS 484.050.
3. Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
5. Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, or under any other law relating to the ownership or [operation] driving of motor vehicles.
6. Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
Sec. 39. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department is hereby authorized to suspend the license of [an operator or chauffeur] a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
κ1969 Statutes of Nevada, Page 549 (CHAPTER 309, AB 270)κ
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e) Is physically or mentally incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license; or
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.
2. As used in this section, traffic violation means conviction on a charge involving a moving traffic violation in any municipal court, justices court or district court in the State of Nevada.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within the State of Nevada affecting any holder of [an operators or chauffeurs] a drivers license issued by the department.
4. Such system shall be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his [operators or chauffeurs] drivers license should not be suspended.
5. Such system shall be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of such violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. Details of the violation shall be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
6. When any [operator or chauffeur] licensee has accumulated 12 demerit points the department shall suspend the license of such [operator or chauffeur] licensee until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
7. The director of the department of motor vehicles is hereby empowered to set up a scale of demerit values for each traffic violation.
8. Upon suspending the license of any person as authorized in subsection 1, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.
Sec. 40. NRS 483.480 is hereby amended to read as follows:
483.480 The department, having good cause to believe that a licensed [operator or chauffeur] driver is incompetent or otherwise not qualified to be licensed, may upon written notice of at least 5 days to the licensee require him to submit to an examination.
κ1969 Statutes of Nevada, Page 550 (CHAPTER 309, AB 270)κ
qualified to be licensed, may upon written notice of at least 5 days to the licensee require him to submit to an examination. Upon the conclusion of such examination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under NRS 483.360 [.] or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination shall be ground for suspension or revocation of his license.
Sec. 41. NRS 483.510 is hereby amended to read as follows:
483.510 Any resident or nonresident whose [operators or chauffeurs] drivers license or right or privilege to [operate] drive a motor vehicle in this state has been suspended or revoked, as provided in NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act shall not [operate] drive a motor vehicle in this state under a license, permit or registration certificate issued by any other jurisdiction, or otherwise, during such suspension or after such revocation until a new license is obtained when and as permitted under NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 42. NRS 483.520 is hereby amended to read as follows:
483.520 Any person denied a license or whose license has been canceled, suspended or revoked by the department shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the district court in the county wherein such person shall reside, and such court is hereby vested with jurisdiction and it shall set the matter for hearing upon 30 days written notice to the administrator, and thereupon shall take testimony and examine into the facts resulting in the action by the department and shall determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of a license under the provisions of NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 43. NRS 483.530 is hereby amended to read as follows:
483.530 [1.] It is a misdemeanor for any person:
[(a)] 1. To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, [or] fraudulently altered [operators or chauffeurs] or fraudulently obtained drivers license or any license issued under any prior laws;
[(b)] 2. To alter, forge, substitute, counterfeit or use an unvalidated [operators or chauffeurs] drivers license;
[(c)] 3. To lend his [operators or chauffeurs] drivers license to any other person or knowingly permit the use thereof by another;
[(d)] 4. To display or represent as ones own any [operators or chauffeurs] drivers license not issued to him;
[(e)] 5. To fail or refuse to surrender to the department upon its lawful demand any [operators or chauffeurs] drivers license which has been suspended, revoked or canceled;
[(f)] 6. To use a false or fictitious name in any application for [an operators or chauffeurs] a drivers license or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application;
κ1969 Statutes of Nevada, Page 551 (CHAPTER 309, AB 270)κ
[(g)] 7. To permit any unlawful use of [an operators or chauffeurs] a drivers license issued to him; or
[(h)] 8. To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
[2. The department shall suspend for 1 year the license of a person convicted of any of the misdemeanors enumerated in subsection 1.]
9. To photograph, photostat, duplicate, or in any way reproduce any drivers license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.
Sec. 44. NRS 483.540 is hereby amended to read as follows:
483.540 Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, of this act, to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punishable by fine or imprisonment as other persons committing perjury are punishable.
Sec. 45. NRS 483.550 is hereby amended to read as follows:
483.550 1. It is unlawful for any person to [operate] drive a motor vehicle upon a public street or highway in this state without being the holder of a valid [operators or chauffeurs] drivers license.
2. Any person convicted of violating the provisions of this section shall be punished by a fine or not more than $100. The court shall require the person convicted to obtain a valid [operators license or chauffeurs] drivers license or produce a notice of disqualification from the department.
Sec. 46. NRS 483.560 is hereby amended to read as follows:
483.560 1. Whenever the department has canceled, suspended or revoked the license of any [operator or chauffeur,] driver, it shall be unlawful for such [operator or chauffeur] driver to operate a vehicle on the public streets and highways of this state during the period of cancelation, suspension or revocation.
2. [Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.] The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of such person was suspended shall extend the period of such suspension for an additional like period, and if the conviction was upon a charge of driving while a license was revoked the department shall not issue a new license for an additional period of 1 year from and after the date such person would otherwise have been entitled to apply for a new license.
Sec. 47. NRS 483.570 is hereby amended to read as follows:
483.570 No person whose driving privilege as a nonresident has been canceled, suspended or revoked, as provided in NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, shall drive any motor vehicle upon the highways of this state while such privilege is canceled, suspended or revoked.
κ1969 Statutes of Nevada, Page 552 (CHAPTER 309, AB 270)κ
Sec. 48. NRS 483.580 is hereby amended to read as follows:
483.580 No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, or in violation of any of the provisions of NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 49. NRS 483.590 is hereby amended to read as follows:
483.590 No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act or in violation of any of the provisions of NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 50. NRS 483.600 is hereby amended to read as follows:
483.600 No person shall employ as a [chauffeur] driver of a motor vehicle any person not then licensed as provided in NRS 483.010 to 483.630, inclusive [.] , and sections 2 to 7, inclusive, of this act.
Sec. 51. NRS 483.610 is hereby amended to read as follows:
483.610 1. No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, or, in the case of a nonresident, then duly licensed under the laws of the state or country of his residence except a nonresident whose home state or country does not require that [an operator] a driver be licensed.
2. No person shall rent a motor vehicle to another until he has inspected the [operators or chauffeurs] drivers license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his presence.
3. Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person and the date and place when and where the license was issued. Such record shall be open to inspection by any police officer or officer of the department.
Sec. 52. NRS 483.620 is hereby amended to read as follows:
483.620 It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, unless such violation is by NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act, or other law of this state declared to be a felony.
Sec. 53. NRS 483.630 is hereby amended to read as follows:
483.630 NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of this act shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Sec. 54. NRS 483.050, 483.110 and 483.260 are hereby repealed.
________
κ1969 Statutes of Nevada, Page 553κ
Senate Bill No. 290Committee on Judiciary
CHAPTER 310
AN ACT relating to libel and slander; requiring a demand for a retraction and providing for damages for failure to retract; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 3 to 9, inclusive, of this act, except where the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in sections 3 to 6, inclusive, of this act.
Sec. 3. Actual malice is that state of mind arising from hatred or ill will toward the plaintiff and does not include that state of mind occasioned by a good faith belief in the truth of the publication or broadcast.
Sec. 4. Exemplary damages are damages which may, in the discretion of the court or jury, be recovered in addition to general and special damages for the sake of example and by way of punishing a defendant who has made a publication or broadcast with actual malice.
Sec. 5. General damages are damages for loss of reputation, shame, mortification and hurt feelings.
Sec. 6. Special damages are only those damages which a plaintiff alleges and proves that he has suffered in respect to his property, business, trade, profession or occupation, including such amounts of money as the plaintiff alleges and proves he has expended as a result of the alleged libel or slander.
Sec. 7. 1. In any action for damages for the publication of a libel in a newspaper, or of a slander by radio or television broadcast, the plaintiff may recover no more than special damages unless a correction is demanded by the plaintiff and not published or broadcast.
2. A demand for correction shall be in writing and shall be served upon the newspaper or broadcaster at its place of business. Such demand shall specify the statements claimed to be libelous or slanderous and shall demand a correction.
3. Such demand for correction must be served within 20 days after the plaintiff has knowledge of the publication or broadcast of the statements claimed to be libelous or slanderous.
Sec. 8. If a correction is demanded as provided in section 7 of this act and is not published or broadcast within 20 days in substantially as conspicuous a manner in the newspaper or by the broadcaster as the statements claimed to be libelous or slanderous, the plaintiff may plead and prove such demand and failure to correct and may recover general and special damages. In addition, the plaintiff may recover exemplary damages if he can prove that the defendant published or broadcast the statement with actual malice. Actual malice shall not be presumed or inferred from the publication or broadcast.
Sec. 9. A correction published or broadcast in substantially as conspicuous a manner by the newspaper or broadcaster as the statements claimed to be libelous or slanderous, prior to the receipt of a demand therefor, shall have the same effect as though the correction had been published or broadcast as required in section 7 of this act.
κ1969 Statutes of Nevada, Page 554 (CHAPTER 310, SB 290)κ
claimed to be libelous or slanderous, prior to the receipt of a demand therefor, shall have the same effect as though the correction had been published or broadcast as required in section 7 of this act.
Sec. 10. NRS 200.570 is hereby repealed.
________
Assembly Bill No. 281Committee on Government Affairs (By request)
CHAPTER 311
AN ACT relating to federal-aid highways; authorizing relocation payments and advisory assistance to displaced persons; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. It is the intent of the legislature in enacting sections 2 to 15, inclusive, of this act to provide a statutory basis for the prompt, orderly and equitable relocation and reestablishment of persons, businesses, farm operations and nonprofit organizations displaced by construction of federal-aid highways in this state, consistent with the public policy declared by the Congress in section 30 of the Federal-Aid Highway Act of 1968 (21 U.S.C. § 501) that a comprehensive program of relocation payments and advisory assistance shall be provided to all persons so displaced.
Sec. 3. Business means any lawful activity conducted primarily:
1. For the purchase and resale, manufacture, processing or marketing of products, commodities or any other personal property;
2. For the sale of services to the public; or
3. By a nonprofit organization.
Sec. 4. Displaced person means any:
1. Person who is head of a family or any individual not a member of a family who moves from a dwelling as the result of the acquisition, or reasonable expectation of acquisition and the subsequent acquisition, of real property on which such dwelling was situated and which was acquired for a federal-aid highway; or
2. Owner of a business or farmer who moves as the result of the acquisition of real property on which such owner or farmer conducted a business or farm operation and which was acquired, in whole or in part, for a federal-aid highway.
Sec. 5. Family means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship.
Sec. 6. Farm operation means any activity conducted primarily for the production of one or more agricultural products or commodities for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operators support.
κ1969 Statutes of Nevada, Page 555 (CHAPTER 311, AB 281)κ
Sec. 7. Farmer is any person who as an owner, part owner, tenant or sharecropper operates a farm.
Sec. 8. The term federal-aid highways has the meaning ascribed to it in 23 U.S.C. § 101.
Sec. 9. 1. Upon application approved by the engineer, a displaced person who moves as the result of any highway project approved under 23 U.S.C. §§ 106 and 107 may elect to receive actual and reasonable expenses in moving himself, his family, his business or his farm operation, including moving personal property, if the payment for such actual and reasonable moving expenses, when added to other payments received under sections 10 and 11 of this act, does not exceed $25,000.
2. Any displaced person who moves from a dwelling may elect to accept in lieu of actual expenses a dislocation allowance of $100 and a moving expense allowance, not to exceed $200, determined according to a schedule established by the engineer.
3. Any displaced person who moves or discontinues his business or farm operation may elect to accept in lieu of actual expenses a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or $5,000, whichever is less. In the case of a business, no payment shall be made under this subsection unless the engineer is satisfied that the business cannot be relocated without a substantial loss of its existing patronage and is not part of a commercial enterprise having at least one other establishment which is not being acquired by the state or by the United States and is engaged in the same or similar business.
4. For the purposes of this section average annual net earnings means one-half of any net earnings of the business or farm operation, before federal income tax, acquired during the 2 taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such 2-year period.
5. To be eligible for the payment authorized under subsection 3, the business or farm operation must make its financial statements and accounting records available to the department for confidential inspection and use in determining the amount of the payment authorized.
Sec. 10. In addition to amounts otherwise authorized by sections 9 and 11 of this act, the department shall make a payment to:
1. The owner of real property which is acquired for a federal-aid highway project and is improved by a dwelling for one, two or three families actually owned and occupied by the owner for not less than 1 year prior to the first written offer for the acquisition of such property. Such payment shall not exceed $5,000 or the amount which, when added to the acquisition payment, equals the average price required for a comparable dwelling which is determined, in accordance with standards established by the engineer, to be a decent, safe and sanitary dwelling adequate to accommodate the displaced owner, reasonably accessible to public services and places of employment and available on the private market, whichever amount is less. Such payment shall be made only to a displaced owner who purchases and occupies such a comparable replacement dwelling within 1 year from the date on which he is required to move from the dwelling acquired for the project.
κ1969 Statutes of Nevada, Page 556 (CHAPTER 311, AB 281)κ
replacement dwelling within 1 year from the date on which he is required to move from the dwelling acquired for the project.
2. Any individual or family displaced from any dwelling and not eligible to receive a payment under subsection 1 where such dwelling was actually and lawfully occupied by such individual or family for not less than 90 days prior to the first written offer for acquisition of such property. Such payment shall not exceed $1,500 or the amount necessary to enable such person to lease or rent for a period not to exceed 2 years, or to make the down payment on the purchase of, a decent, safe and sanitary dwelling of standards adequate to accommodate such individual or family and located in areas not generally less desirable in regard to public utilities and public and commercial facilities, whichever amount is less.
Sec. 11. In addition to amounts otherwise authorized by sections 9 and 10 of this act, the department shall reimburse the owner of real property acquired for a federal-aid highway project for reasonable and necessary expenses incurred as the result of:
1. Recording fees, title examination charges, escrow fees and similar expenses incidental to conveying such property; and
2. Penalty costs for prepayment of any mortgage or deed of trust encumbrancing such real property if such mortgage or deed of trust was entered into in good faith and is on record or has been filed for record in accordance with chapter 247 of NRS on the date when the board gives final approval of the location of such highway project.
Sec. 12. The department shall provide a relocation advisory assistance program, which shall include such measures, offices, facilities and services as the engineer may deem necessary or appropriate in order to:
1. Determine the needs, if any, of displaced families, individuals, business concerns and farm operators for relocating assistance.
2. Assure that, within a reasonable period of time prior to displacement, to the extent that can reasonably be accomplished, housing will be available:
(a) Which is located in areas not generally less desirable in regard to public utilities and public and commercial facilities than the area from which relocation is being made;
(b) At rents or prices within the financial means of the families and individuals displaced;
(c) Which meets the standards established by the engineer for decent, safe and sanitary dwellings;
(d) To such displaced persons in equal number to the families and individuals so displaced; and
(e) Which is reasonably accessible to the places of employment of such displaced persons.
3. Assist owners of displaced businesses and displaced farm operators in obtaining and becoming established in suitable locations; and
4. Supply information concerning the Federal Housing Administration home acquisition program under section 221(d)(2) of the National Housing Act (12 U.S.C. § 1715(1)), the small business disaster loan program under section 7(b)(3) of the Small Business Act (15 U.S.C. § 636(b)) and any other state or federal programs offering assistance to displaced persons.
κ1969 Statutes of Nevada, Page 557 (CHAPTER 311, AB 281)κ
Sec. 13. The engineer is authorized to prescribe such rules and regulations as he may deem necessary in order to carry into effect the provisions of sections 2 to 15, inclusive, of this act and to obtain reimbursement, pursuant to the Federal-Aid Highway Act of 1968 (23 U.S.C. §§ 501-511) of the federal share of the relocation payments authorized by sections 2 to 15, inclusive, of this act.
Sec. 14. Any displaced person aggrieved by a determination of his eligibility for a payment authorized by this act or of the amount of a payment may have such determination reviewed by the engineer, whose decision shall be final.
Sec. 15. Sections 2 to 15, inclusive, of this act do not create in any defendant in a condemnation proceeding brought by the department any right of recovery for any element of damages not in existence on the effective date of this act.
Sec. 16. NRS 408.020 is hereby amended to read as follows:
408.020 As used in this chapter the words and terms defined in NRS 408.025 to 408.095, inclusive, and sections 3 to 8, inclusive, of this act, shall, unless the context otherwise requires, have the meanings ascribed to them in NRS 408.025 to 408.095, inclusive [.] , and sections 3 to 8, inclusive, of this act.
Sec. 17. This act shall become effective upon passage and approval.
________
Assembly Bill No. 347Messrs. Bryan, Fry and Reid
CHAPTER 312
AN ACT relating to the relationship of parent and child; permitting the commencement of an action to establish such relationship; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An action may be brought for the purpose of having declared the existence or nonexistence between the parties of the relation of parent and child, by birth or adoption.
2. Any such action shall be entitled In the Matter of the Parental Relation of ................ and ................ Notice of the bringing of the action shall be served, in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process, upon each of the following persons if living:
(a) The child whose percentage it is sought to establish; and
(b) Each known or alleged parent, except a parent who has brought the action.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 558κ
Assembly Bill No. 381Committee on Taxation
CHAPTER 313
AN ACT relating to property taxes; providing for the collection of the tax levied by the state during the designated year; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When an ad valorem tax on property is levied by the legislature for a designated fiscal year, such tax shall be collected, in one sum or in installments as provided by this chapter, during the designated fiscal year upon:
1. Property assessed during that fiscal year which is not placed upon the secured roll.
2. Property assessed during the preceding fiscal year which was placed upon the secured roll.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 455Committee on Taxation
CHAPTER 314
AN ACT relating to motor vehicle fuel taxes; making technical amendments to provisions relating to the collection and distribution of motor vehicle fuel taxes; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.150 is hereby amended to read as follows:
365.150 [1.] Funds [for] to augment the administration of the provisions of this chapter shall be provided by direct legislative appropriation [from the state highway fund and the county gas tax fund proportionately, upon the presentation of budgets in the manner required by law.
2. All costs of administration of this chapter shall be paid from funds provided by direct legislative appropriation from the state highway fund and the county gas tax fund proportionately on claims presented by the tax commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid] to the tax commission from the state highway fund and the combined gas tax fund.
Sec. 2. NRS 365.370 is hereby amended to read as follows:
365.370 Any person who shall export any motor vehicle fuel from this state, or who shall sell any such fuel to the United States Government for official use of the United States Armed Forces, or who shall buy and use any such fuel for purposes other than in and for the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of such tax by the vendor from such consumer or indirectly by the addition of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him except as follows:
κ1969 Statutes of Nevada, Page 559 (CHAPTER 314, AB 455)κ
motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of such tax by the vendor from such consumer or indirectly by the addition of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him except as follows:
1. Refund claims shall be paid [once every 6 months and the dates for payment shall be prescribed by classes by the tax commissions rules and regulations.] by prescribed classes in accordance with the tax commissions rules and regulations.
2. The minimum claim for refund shall be based on at least 200 gallons purchased and used in a 6-month period.
3. From the amount of gasoline tax refund due shall be deducted an amount equal to 2 percent of the refund, which shall be deposited in the state highway fund.
4. No refund of motor vehicle fuel taxes shall be made for off-highway use of motor vehicle fuel consumed in watercraft in this state for recreational purpose.
Sec. 3. NRS 365.430 is hereby amended to read as follows:
365.430 1. All claims for refunds under this chapter shall be paid from the [state highway fund and applicable county gasoline tax funds] combined gas tax fund upon claims presented by the tax commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
2. Any refunds to be made to the taxes provided for in NRS 365.180 and 365.190 shall be paid in the manner provided in this chapter and deducted from the amount of any later payment to the county or counties in which the taxes were collected.
Sec. 4. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected as prescribed by NRS 365.170, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, shall be placed to the credit of the state highway fund by the state treasurer.
2. The money collected as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, [shall be placed to the credit of the county gasoline tax fund by the state treasurer and] shall be allocated by the tax commission to the counties as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 shall be [placed to the credit of the state highway fund and the county gasoline tax fund by the state treasurer, and the allocation of the county excise tax shall be made] allocated by the tax commission as prescribed by NRS 365.550 and 365.560.
________
κ1969 Statutes of Nevada, Page 560κ
Assembly Bill No. 52Mr. Close
CHAPTER 315
AN ACT relating to legal holidays; providing for uniform annual observance of certain legal holidays on Mondays; adding Washingtons Birthday as a legal holiday for Nevada; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 236.010 is hereby amended to read as follows:
236.010 1. [The] Until January 1, 1971, the following days are declared to be legal holidays for state and county government offices:
January 1 (New Years Day)
February 22 (Washingtons Birthday)
May 30 (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
October 31 (Nevada Day)
November 11 (Veterans Day)
Thanksgiving Day
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States [or by the governor] for public fast, thanksgiving or as a legal holiday.
2. All state and county offices, courts, banks and the University of Nevada shall close on the holidays enumerated in subsection 1 unless in the case of appointed holidays all or part thereof are specifically exempted.
3. If January 1, February 22, May 30, July 4, October 31, November 11 of December 25 [shall fall] falls upon a Sunday, the Monday following shall be observed as a holiday.
Sec. 2. Chapter 236 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. On and after January 1, 1971, the following days are declared to be legal holidays for state and county government offices:
January 1 (New Years Day)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Fourth Monday in October (Veterans Day)
October 31 (Nevada Day)
Fourth Thursday in November (Thanksgiving Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday.
2. All state and county offices, courts, banks and the University of Nevada shall close on the holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
κ1969 Statutes of Nevada, Page 561 (CHAPTER 315, AB 52)κ
the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31 or December 25 falls upon a Sunday, the Monday following shall be observed as a holiday.
Sec. 3. NRS 1.130 is hereby amended to read as follows:
1.130 1. No court except a justices court or a municipal court shall be opened nor shall any judicial business be transacted except by a justices court or municipal court on Sunday, or on any day declared to be a holiday according to the provisions of [NRS 236.010,] section 2 of this act, except for the following purposes:
(a) To give, upon their request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same. All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. Nothing herein contained shall affect private transactions of any nature whatsoever.
Sec. 4. NRS 236.010 is hereby repealed.
Sec. 5. 1. Sections 1 and 2 of this act shall become effective upon passage and approval.
2. Sections 3 and 4 of this act shall become effective on January 1, 1971.
________
Assembly Bill No. 529Mr. Schouweiler
CHAPTER 316
AN ACT to amend NRS 362.130, relating to assessment by the Nevada tax commission of net proceeds of mines, by changing the dates required for filing of certificates with the county assessors; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the Nevada tax commission shall have determined the net proceeds of any mine or mines, it shall prepare its certificate of the amount of the net proceeds thereof in triplicate and shall file one copy thereof with the secretary of the Nevada tax commission, one copy with the county assessor of the county in which the mine or mines are located, and shall send the third copy to the person, corporation or association, the owner of the mine.
κ1969 Statutes of Nevada, Page 562 (CHAPTER 316, AB 529)κ
copy thereof with the secretary of the Nevada tax commission, one copy with the county assessor of the county in which the mine or mines are located, and shall send the third copy to the person, corporation or association, the owner of the mine.
2. Upon the filing of the copy of such certificate with the county assessor and with the secretary of the Nevada tax commission, the assessment shall be deemed to be made in the amount fixed by the certificate of the Nevada tax commission, and taxes thereon at the rate established shall be immediately due and payable. Such certificate of assessment shall be filed by the Nevada tax commission with its secretary, and with the county assessor, and mailed to the mine owner not later than the [1st] 15th day of [March] April and the [1st] 15th day of [September] October immediately following respectively the months of January and July during which such statements must be filed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 531Mr. Schouweiler (By request)
CHAPTER 317
AN ACT relating to motorboats; prohibiting issuance of a number or certificate of number for motorboats until sales and use taxes are paid.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for number with the commission on forms approved by it accompanied by [such evidence of ownership as the commission may require.] proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Nevada tax commission, or by proof of exemption from such taxes as provided in NRS 372.320, and by such evidence of ownership as the commission may require. The commission shall not issue a number or certificate of number until such evidence is presented to it.
2. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of $3. All fees received by the commission under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the commission shall:
(a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner and legal owner.
(b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.
κ1969 Statutes of Nevada, Page 563 (CHAPTER 317, AB 531)κ
the name and address of the owner and identifying information concerning such motorboat.
3. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the commission in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the commission as to size, color and type of number shall be in conformity therewith.
4. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.
5. The commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be $3.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 649Mr. Reid
CHAPTER 318
AN ACT relating to the liability of sheriffs and chiefs of police; relieving sheriffs and chiefs of police of liability for acts of their deputies or officers; permitting additional liability insurance; providing that the state, its political subdivisions and public corporations may bring actions on behalf of aggrieved or wronged persons; declaring the jurisdiction of courts not to be limited or abridged; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No action may be brought against:
(a) Any sheriff which is based solely upon any act or omission of a deputy; or
(b) A chief of a police department which is based solely upon any act or omission of an officer of such department.
2. Nothing contained in this section shall be construed:
(a) To limit the authority of the state or a political subdivision or a public corporation of the state to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.
(b) To limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged.
κ1969 Statutes of Nevada, Page 564 (CHAPTER 318, AB 649)κ
Sec. 2. NRS 41.038 is hereby amended to read as follows:
41.038 1. The state and any political subdivision may:
(a) Insure itself against any liability arising under NRS 41.031.
(b) Insure any of its officers or employees against tort liability resulting from an act or omission in the scope of his employment.
(c) Insure against the expense of defending a claim against itself whether or not liability exists on such claim.
2. Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of his employment while attending such function.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 62Committee on Finance
CHAPTER 319
AN ACT relating to legislators retirement; adjusting the formula for optional benefits; extending the permitted lapse in service before forfeiture of all rights; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.2388 is hereby amended to read as follows:
218.2388 The minimum requirement for retirement is 8 years of accredited service at the age of 60 years. A lapse of more than 8 years in service as a legislator shall operate to forfeit all retirement rights accrued prior to such lapse, but a legislator with 12 or more years of accredited service may receive an allowance at age 60 years regardless of any lapse after accrual of 12 years of accredited service.
Sec. 2. NRS 218.2391 is hereby amended to read as follows:
218.2391 1. At the time of retirement a legislator may, at his election, choose to receive [:
(a) Seventy-five percent of the retirement allowance to which he is entitled with the provision that, upon his death, 50 percent of such allowance shall be continued for the lifetime of a designated beneficiary, who must be his spouse; or
(b) Fifty percent of the retirement allowance to which he is entitled with the provision that, upon his death, the same allowance shall be continued for the lifetime of a designated beneficiary, who must be his spouse.
2. If the designated beneficiary should predecease the legislator the full allowance may then be paid to the retired legislator.] a reduced service retirement allowance of equivalent actuarial value payable during the members life with the provision that it shall continue after his death:
(a) For the life of the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement; or
κ1969 Statutes of Nevada, Page 565 (CHAPTER 319, SB 62)κ
(b) At one-half the rate paid to him and shall be paid at such rate for the life of the beneficiary whom he nominates by written designation duly acknowledged and filed with the board at the time of retirement.
2. If the designated beneficiary predeceases the legislator, the legislator may then receive the full allowance due him at the time of retirement less the actuarial equivalent of the protection received from the time of retirement to the death of the beneficiary. Such adjusted allowance shall become effective on the first day of the month succeeding the death of the beneficiary.
Sec. 3. NRS 218.2392 is hereby amended to read as follows:
218.2392 1. The provisions of NRS 286.671 to 286.6792, inclusive, relating to survivor benefits under the public employees retirement system, are applicable to a legislators dependents, and such survivor benefits shall be paid by the board following the death of a legislator to the persons entitled thereto from the [public employees] legislators retirement fund. [as if such deceased legislator were a member of the public employees retirement system.]
2. It is declared that of the contributions required by subsections 1 and 2 of NRS 218.2387 one-half of 1 percent shall be regarded as costs incurred in survivor benefits.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 98Committee on Commerce
CHAPTER 320
AN ACT relating to real estate licenses; changing license expiration dates; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.220 is hereby amended to read as follows:
645.220 The real estate division shall at least annually, on or before [October] August 1, publish a list of the names and addresses of all licensees licensed by it during the preceding [fiscal] license year under the provisions of this chapter, and of licensees whose licenses have been suspended or revoked during the preceding [fiscal] license year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. One of such lists shall be mailed to each licensee and one of such lists shall be mailed to the county clerk in each county and shall be filed by him as a public record. Lists shall also be mailed by the real estate division to any person in this state upon request, without charge.
Sec. 2. NRS 645.780 is hereby amended to read as follows:
645.780 1. All licenses issued under the provisions of this chapter prior to July 1, [1963, and in effect on June 30, 1963,] 1969, shall expire on [December 31, 1963,] June 30, 1969, at 12 p.m.
κ1969 Statutes of Nevada, Page 566 (CHAPTER 320, SB 98)κ
2. [All licenses] Every license issued under the provisions of this chapter on and after July 1, [1963,] 1969, shall expire [on June 30 of each year] at 12 p.m. on April 30 next after it is issued.
Sec. 3. NRS 645.790 is hereby amended to read as follows:
645.790 An original real estate brokers license referred to in this chapter is a license issued to an applicant therefor who had no such real estate brokers license unrevoked and unsuspended on [December 31, 1963,] June 30, 1969, and thereafter on [June] April 30 of the [fiscal] license year prior to the [fiscal] license year for which the license is issued.
Sec. 4. NRS 645.800 is hereby amended to read as follows:
645.800 A renewal real estate brokers license referred to in this chapter is a license issued to an applicant therefor who had a real estate brokers license unrevoked and unsuspended on [December 31, 1963,] June 30, 1969, and thereafter on [June] April 30 of the [fiscal] license year prior to the [fiscal] license year for which the license is issued.
Sec. 5. NRS 645.810 is hereby amended to read as follows:
645.810 An original real estate salesmans license referred to in this chapter is a license issued to an applicant therefor who had no such real estate salesmans license unrevoked and unsuspended on [December 31, 1963,] June 30, 1969, and thereafter on [June] April 30 of the [fiscal] license year prior to the [fiscal] license year for which the license is issued.
Sec. 6. NRS 645.820 is hereby amended to read as follows:
645.820 A renewal real estate salesmans license referred to in this chapter is a license issued to an applicant therefor who had a real estate salesmans license unrevoked and unsuspended on [December 31, 1963,] June 30, 1969, and thereafter on [June] April 30 of the [fiscal] license year prior to the [fiscal] license year for which the license is issued.
Sec. 7. NRS 645.843 is hereby amended to read as follows:
645.843 Upon renewal of every real estate brokers and real estate salesmans license on or before [June 30, 1967,] April 30, 1970, and on or before [June] April 30 of each year thereafter, every licensed broker and salesman, when renewing any such license, shall pay in addition to the renewal fee, a fee of $10. Such additional fee shall be paid into the state treasury and credited to the fund, and shall be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.
Sec. 8. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, unless the context otherwise requires, license year means a year which begins on May 1 and ends on April 30.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 567κ
Senate Bill No. 100Committee on Commerce
CHAPTER 321
AN ACT to amend NRS 645.290, relating to required information concerning real estate transactions, by specifying the information to be delivered to the vendor and purchaser; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.290 is hereby amended to read as follows:
645.290 Within 1 month after the closing of a transaction in which title to real property is conveyed from a [seller] vendor to a purchaser through a licensed real estate broker, such broker shall [inform or cause the information to be given to the seller and purchaser, in writing, of the selling price thereof, and in the event an exchange of real property is involved, such information shall include a description of the property and amount of added money consideration, if any.] deliver to the vendor and purchaser a written closing statement which shall include an accounting of all money and property and show in detail the receipts of disbursement of each item as it is charged or credited to the vendor or purchaser. If the transaction is closed through escrow and the escrow holder renders a [closing] statement which reveals such information, that shall be deemed compliance with this section on the part of the broker.
________
Senate Bill No. 168Committee on Judiciary
CHAPTER 322
AN ACT relating to the regulation of the profession of cosmetology; deleting the reference to the practice of naturopathy.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 644.460 is hereby amended to read as follows:
644.460 The following persons shall be exempt from the provisions of this chapter:
1. All persons authorized by the laws of this state to practice medicine, surgery, dentistry, osteopathy, chiropractic [, naturopathy] or chiropody.
2. Commissioned surgical and medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to the same.
3. Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:
(a) Cleansing or singeing the hair of any person.
(b) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
κ1969 Statutes of Nevada, Page 568 (CHAPTER 322, SB 168)κ
the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 231Committee on Health and Welfare
CHAPTER 323
AN ACT to amend NRS 426.420, relating to the determination of the amount of assistance to be awarded a recipient of aid to the blind, by deleting the actual need criterion; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.420 is hereby amended to read as follows:
426.420 1. If the welfare division of the department of health, welfare and rehabilitation is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.
2. The individual needs of each person claiming aid to the blind shall be presumed and deemed to be not less than $100 per month. The amount of aid to which any claimant shall be entitled shall be, when added to the income (including the value of currently used resources, but excepting casual income and inconsequential resources) of the claimant from all other sources, $100 per month. If, however, in any case it is found [the actual need of a claimant exceeds $100 per month, such claimant shall be entitled to receive aid in an amount which shall meet such actual need, unless the amount of aid he is otherwise entitled to receive when added to his income (including the value of currently used resources, but excepting casual income and inconsequential resources) from all other sources, shall equal his actual need.] by the welfare division that, after taking into account all other available income and resources, the $100 a month is insufficient to provide the claimant with a reasonable subsistence compatible with decency and health, such claimant is entitled to receive aid in an amount which has been determined by the welfare division to be necessary to provide the claimant with such subsistence.
3. The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 569κ
Senate Bill No. 366Committee on Taxation
CHAPTER 324
AN ACT relating to real property transfer tax; exempting from such tax transfers from any governmental entity; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 does not apply to:
1. Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.
2. A transfer of title to or from the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C.;
(b) Approved in an equity receivership proceeding involving a railroad corporation, as defined in section 77 of the Bankruptcy Act, 11 U.S.C. § 205;
(c) Approved in an equity receivership proceeding involving a corporation, as defined in section 106 of the Bankruptcy Act, 11 U.S.C. § 506; or
(d) Whereby a mere change in identity, form or place of organization is effected,
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years from the date of such confirmation, approval or change.
5. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which such transfer or conveyance is made recites that such transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) Such order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) Such transfer or conveyance is made in obedience to such order.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 570κ
Senate Bill No. 419Committee on Federal, State and Local Governments
CHAPTER 325
AN ACT relating to the motor vehicle fuel tax; providing that city and county business license taxes may be levied; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.210 is hereby amended to read as follows:
365.210 No county, city or other political subdivision or municipal corporation shall levy or collect any excise, privilege or occupation tax upon or measured by the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel or any other inflammable or combustible liquids except:
1. The county motor vehicle fuel tax authorized by chapter 373 of NRS.
2. Any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town.
3. County and city business license taxes where otherwise authorized by law.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 434Committee on Judiciary
CHAPTER 326
AN ACT relating to corporations; providing an additional mode of serving legal process, demands and notices on corporations; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.020 is hereby amended to read as follows:
14.020 1. Every incorporated company or association and every municipal corporation created and existing under the laws of any other state, territory, or foreign government, or the Government of the United States, owning property or doing business in this state, shall appoint and keep in this state an agent, who may be either an individual or a domestic corporation, upon whom all legal process may be served for such corporation, association or municipal corporation [.] as provided in subsection 2. Such corporation, association or municipal corporation shall file a certificate, properly authenticated by the proper officers of the company, association or municipal corporation, with the secretary of state, specifying the resident agents full name and address, which address shall be the same as that of the principal office. The certificate shall be renewed by such municipal corporation as often as a change may be made in such appointment or vacancy shall occur in such agency, and by such incorporated company or association in the manner required by NRS 80.070.
κ1969 Statutes of Nevada, Page 571 (CHAPTER 326, SB 434)κ
appointment or vacancy shall occur in such agency, and by such incorporated company or association in the manner required by NRS 80.070.
2. All legal process and any demand or notice authorized by law to be served upon such foreign corporation may be served upon the resident agent personally or by leaving a true copy thereof with a person of suitable age and discretion at the address shown on the current certificate filed with the secretary of state designating the resident agent of such corporation, association or municipal corporation.
3. Subsection 2 provides an additional mode and manner of serving such process, demand or notice and does not affect the validity of any other service authorized by law.
Sec. 2. NRS 78.090 is hereby amended to read as follows:
78.090 1. Every corporation shall have a resident agent, who may be either an individual or a corporation, resident or located in this state, in charge of its principal office.
2. Every such resident agent shall, within 10 days after acceptance of an initial appointment as such, file a certificate thereof in the office of the secretary of state, and a copy of such certificate in the office of the county clerk of the county in which the principal office of the corporation in this state shall be located.
3. The resident agent may be any bank or banking corporation, or other corporation, located and doing business in this state, and any such bank or any such corporation acting as resident agent may:
(a) Act as the fiscal or transfer agent of any state, municipality, body politic, or corporation and in such capacity may receive and disburse money.
(b) Transfer, register and countersign certificates of stock, bonds or other evidences of indebtedness and act as agent of any corporation, foreign or domestic, for any purpose now or hereafter required by statute, or otherwise.
(c) Act as trustee under any mortgage or bond issued by any municipality, body politic, or corporation and accept and execute any other municipal or corporate trust not inconsistent with the laws of this state.
(d) Receive and manage any sinking fund of any corporation, upon such terms as may be agreed upon between the corporation and those dealing with it.
4. Every corporation organized under this chapter that fails or refuses to comply with the requirements of this section, for a period of 30 days, shall be subject to a fine of not less than $100 nor more than $500, to be recovered with costs by the state, before any court of competent jurisdiction, by action at law to be prosecuted by the attorney general or by the district attorney of the county in which such action or proceeding to recover such fine is prosecuted.
5. All legal process and any demand or notice authorized by law to be served upon a corporation may be served upon the resident agent of the corporation in the manner provided in subsection 2 of NRS 14.020. This manner and mode of service is in addition to any other service authorized by law.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 572κ
Assembly Bill No. 493Committee on Judiciary
CHAPTER 327
AN ACT relating to liens upon real property; providing limitations upon the amount of recovery under deficiency judgments; providing standards for the conduct of foreclosure sales; declaring public policy; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 40.430 is hereby amended to read as follows:
40.430 1. Except as provided in chapter 104 of NRS, there shall be but one action for the recovery of any debt, or for the enforcement of any right secured by mortgage or lien upon real estate, which action shall be in accordance with the provisions of this section, sections 3 to 7, inclusive, of this act and NRS 40.440 and 40.450. In such action, the judgment shall be rendered for the amount found due the plaintiff, and the court shall have power, by its decree or judgment, to direct a sale of the encumbered property, or such part thereof as shall be necessary, and apply the proceeds of the sale to the payment of the costs and the expenses of the sale, the costs of the suit, and the amount due to the plaintiff. [If the land mortgaged consists of a single parcel, or two or more contiguous parcels, situated in two or more counties, the court may, in its judgment, direct the whole thereof to be sold in one of such counties by the sheriff, and upon such proceedings, and with like effect, as if the whole of the property were situated in that county. If it shall appear from the sheriffs return that there is a deficiency of such proceeds and balance still due to the plaintiff, the judgment shall then be docketed for such balance against the defendant or defendants personally liable for the debts, and shall, from the time of such docketing, be a lien upon the real estate of the judgment debtor, and an execution may thereupon be issued by the clerk of the court, in like manner and form as upon other judgments, to collect such balance or deficiency from the property of the judgment debtor.]
2. A sale directed by the court pursuant to subsection 1 shall be conducted by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sale to be conducted in one of such counties by the sheriff of that county with like proceedings and effect as if the whole of the encumbered land were situated in that county.
Sec. 2. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.
Sec. 3. As used in sections 4 to 7, inclusive, of this act, indebtedness means the principal balance of the obligation secured by a mortgage or deed of trust, together with all interest accrued and unpaid prior to the time of sale, all costs and fees of such foreclosure sale, all advances made with respect to the property by the beneficiary, and all other amounts secured by the mortgage or deed of trust or which constitute a lien on the real property in favor of the person seeking the deficiency judgment. Such amount constituting a lien is limited to the amount of the consideration paid by the lienholder.
κ1969 Statutes of Nevada, Page 573 (CHAPTER 327, AB 493)κ
amount constituting a lien is limited to the amount of the consideration paid by the lienholder.
Sec. 4. 1. It is hereby declared by the legislature to be against public policy for any document relating to the sale of real property to contain any provision waiving the rights of any party which are secured by the laws of this state.
2. No court shall enforce any such provision.
Sec. 5. Upon application of the judgment creditor or the trustee within 3 months from the date of the foreclosure sale or the trustees sale held pursuant to NRS 107.080, respectively, and after the hearing conducted under section 6 of this act, the court may award a deficiency judgment to the judgment creditor or trustee if it appears from the sheriffs return or the recital of consideration in the trustees deed that there is a deficiency of sale proceeds and a balance remaining due to the judgment creditor or the trustee, respectively.
Sec. 6. 1. Before awarding a deficiency judgment under section 5 of this act, the court shall hold a hearing and shall take evidence presented by either party concerning the fair market value of the property sold as of the date of foreclosure sale or trustees sale. Notice of such hearing shall be served upon all defendants who have appeared in the action and against whom a deficiency judgment is sought, or upon their attorneys of record, at least 15 days before the date set for hearing.
2. Upon application of any party made at least 10 days before the date set for the hearing the court shall, or upon its own motion the court may, appoint an appraiser to appraise the property sold as of the date of foreclosure sale or trustees sale. Such appraiser shall file with the clerk his appraisal, which is admissible in evidence. The appraiser shall take an oath that he has truly, honestly and impartially appraised the property to the best of his knowledge and ability. Any appraiser so appointed may be called and examined as a witness by any party or by the court. The court shall fix a reasonable compensation for the appraiser, but his fee shall not exceed similar fees for similar services in the county where the encumbered land is situated.
Sec. 7. After the hearing under section 6 of this act, the court may award a money judgment against the defendant or defendants personally liable for the debt. The court shall not render judgment for more than the amount by which the amount of indebtedness which was secured by the mortgage, deed of trust or other lien at the time of the foreclosure sale or trustees sale, as the case may be, exceeded the fair market value of the property sold at the time of such sale, with interest from the date of such sale. In no event shall the court award such judgment, exclusive of interest after the date of such sale, in an amount exceeding the difference between the amount for which the property was actually sold at the foreclosure sale or trustees sale and the amount of indebtedness which was secured by the mortgage, deed of trust or other lien at the time of such sale.
________
κ1969 Statutes of Nevada, Page 574κ
Senate Bill No. 34Senator Herr
CHAPTER 328
AN ACT relating to eviction; providing a remedy for the tenant to preclude summary eviction; extending the period of notice; specifying the contents of the landlords affidavit in support of the petition for eviction; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 40.250 is hereby amended to read as follows:
40.250 A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer:
1. Possession after expiration of term. Where he continues in possession, in person or by subtenant, of the property or a mobile home or any part thereof, after the expiration of the term for which it is let to him. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy shall be terminated without notice at the expiration of such specified term or period.
2. Possession after notice. When, having leased real property or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, after the end of any such month or period, in cases where the landlord, 15 days or more prior to the end of such month or period, shall have served notice requiring him to quit the premises at the expiration of such month or period; or, in cases of tenancy at will, where he remains in possession of such premises after the expiration of a notice of not less than 5 days.
3. Possession after default in rent. When he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, shall have remained uncomplied with for a period of [3] 5 days after service thereof. Such notice may be served at any time after the rent becomes due.
4. Assignment, sublease contrary to covenants of lease; waste; nuisance. When he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits or maintains on or about the premises any nuisance, and remains in possession after service upon him of 3 days notice to quit.
5. Possession after failure to perform conditions of lease. When he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property or mobile home is held, other than those hereinbefore mentioned, and after notice in writing, requiring in the alternative the performance of such condition or covenant or the surrender of the property, served upon him, and, if there be a subtenant in actual occupation of the premises, also upon such subtenant, shall remain uncomplied with for 5 days after the service thereof. Within 3 days after the service, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform such condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice as last prescribed herein need be given.
κ1969 Statutes of Nevada, Page 575 (CHAPTER 328, SB 34)κ
the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform such condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice as last prescribed herein need be given.
Sec. 2. NRS 40.253 is hereby amended to read as follows:
40.253 1. In addition to the remedy provided by subsection 3 of NRS 40.250 and by NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling, apartment or mobile home with periodic rent reserved by the month or any shorter period, is in default in payment of such rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the [third] fifth full day following the day of service. Such notice shall advise the tenant of his right to contest such notice by filing, within 5 days, an affidavit with the justice of the peace that he is not in default in the payment of such rent.
2. Upon noncompliance with such notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling, apartment or mobile home is located. Such justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph shall contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(b) The landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
3. No action may be taken under subsection 2 if, within 5 days after service of the notice, the tenant files an affidavit as provided in subsection 1. Further proceedings for the removal of the tenant shall be governed by NRS 40.290 to 40.420, inclusive.
________
κ1969 Statutes of Nevada, Page 576κ
Senate Bill No. 91Committee on Transportation
CHAPTER 329
AN ACT relating to the special fuel tax; providing similar procedures for licensing special fuel dealers and users; permitting additional assessments of such dealers and users; providing definitions; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Highway under construction or reconstruction means all portions of a highway which are in any part constructed or maintained through the use of public funds, whether or not open to the use of the public.
Sec. 3. 1. If the department is not satisfied with the records, statements or amount of tax paid by any person pursuant to the provisions of this chapter, it may make an additional or estimated assessment of tax due from such person based upon any information available to it. Every additional or estimated assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the date such additional assessment is imposed until paid.
2. If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of this chapter or the rules and regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of such additional assessment shall be added thereto. If any part of such deficiency is found to be caused by fraud or an intent to evade this chapter or rules and regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the additional assessment shall be added thereto.
3. The department shall give such person written notice of such additional assessment. Such notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to such person at his address as it appears in the records of the department. Every notice of additional assessment proposed to be assessed under this chapter shall be served within 2 years after the claimed erroneous report was filed.
4. When a special fuel user or special fuel dealer refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary in satisfying the department that the amount of tax paid by such user or dealer is correct, the additional or estimated assessment made pursuant to this section is presumed to be correct, and the burden is upon the person challenging any such assessment to establish that it is erroneous.
5. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department for a redetermination within 15 days after service of such notice. If such a petition is not filed with the department within such period, such assessment shall become final.
κ1969 Statutes of Nevada, Page 577 (CHAPTER 329, SB 91)κ
is not filed with the department within such period, such assessment shall become final.
6. If a petition for redetermination is filed within such period, the department shall reconsider the assessment and, if the petitioner so requests, shall grant him an oral hearing and give him 10 days notice of the time and place of such hearing. The department may continue such hearing from time to time as may be necessary.
7. The order of the department upon such a petition shall become final 15 days after service of notice thereof. If any additional assessment is not paid on or before the date it becomes final, there shall be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.
Sec. 4. 1. The operator of a motor vehicle which comes within the provisions of this chapter is presumed to be the owner of such vehicle.
2. The lessee and lessor of a motor vehicle which comes within the provisions of this chapter are jointly and severally liable for any taxes, penalties or interest payable to the department.
Sec. 5. NRS 366.030 is hereby amended to read as follows:
366.030 1. Highway means every way or place of whatever nature open to the use of the public for purposes of traffic, including highways under construction.
2. Highway does not include any way constructed by private individuals for the use of a private enterprise, although such way may be used occasionally by persons other than the individuals constructing such way or who use the way in furtherance of a private enterprise, if no public funds are currently used in the maintenance of such way in any amount whatsoever.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 366.060 is hereby amended to read as follows:
366.060 Special fuel means [and includes] all combustible gases and liquids [suitable] used for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in chapter 365 of NRS.
Sec. 8. NRS 366.080 is hereby amended to read as follows:
366.080 Special fuel user means any person who consumes in this state special fuel for the propulsion of motor vehicles owned or controlled by him upon the highways of this state, including highways under construction or reconstruction, except any person who operates a [private passenger automobile or a pickup truck] motor vehicle having an unladen weight not exceeding [3,900] 6,000 pounds and who purchases special fuel for the operation of such vehicle from a licensed special fuel dealer.
Sec. 9. NRS 366.120 is hereby amended to read as follows:
366.120 The department may employ such accountants, auditors, investigators, assistants and clerks, pursuant to chapter 284 of NRS, as it may deem necessary for the efficient administration of this chapter, and may fix their compensation and provide for their necessary expenses.
Sec. 10. NRS 366.140 is hereby amended to read as follows:
366.140 1. Every special fuel dealer, special fuel user and every person importing, manufacturing, refining, dealing in, transporting or storing special fuel in this state shall keep such records, receipts and invoices and other pertinent papers with respect thereto as the department may require.
κ1969 Statutes of Nevada, Page 578 (CHAPTER 329, SB 91)κ
storing special fuel in this state shall keep such records, receipts and invoices and other pertinent papers with respect thereto as the department may require.
2. Such records, receipts, invoices and other pertinent papers shall be preserved intact for a period of [3] 2 years.
3. The records, receipts, invoices and other pertinent papers shall be available at all times during the business hours of the day to the department or its duly authorized agents.
Sec. 11. NRS 366.210 is hereby amended to read as follows:
366.210 [1.] The tax imposed by this chapter shall be in lieu of the tax imposed by chapter 365 of NRS in connection with special fuel as defined in NRS 366.060.
[2. Nothing contained in this chapter shall in any way affect any obligation which accrued under chapter 365 of NRS or chapter 149, Statutes of Nevada 1939, or any amendments thereto, prior to July 1, 1953.]
Sec. 12. NRS 366.220 is hereby amended to read as follows:
366.220 [It shall be] 1. Except as otherwise provided in this section, it is unlawful for any special fuel dealer or special fuel user to sell or use special fuel within this state unless such special fuel dealer or special fuel user is the holder of a special fuel dealers or special fuel users license issued to him by the department.
2. A nonresident owner or operator of a motor vehicle coming within the provisions of this chapter may apply for a temporary special fuel license which shall be purchased from the first available vendor upon entry into the state. The fee for such license shall be $10 for each motor vehicle. Such license shall satisfy the requirements of this chapter and authorize the operation of such motor vehicle or combination of vehicles upon the highways of this state for a period of 48 consecutive hours. Such license shall allow purchase of special fuel tax free from a licensed special fuel dealer. Upon request, the department shall allow credit for such licenses purchased, provided the applicant applies to the department and is licensed as a special fuel user within 60 days after the purchase of the first such license within a licensing year. Such application shall be considered received on the date shown by the post office cancellation mark stamped on the envelope containing such application properly addressed to the department. Such license shall be evidenced by a sticker displayed on each self-propelled vehicle in a manner specified by the department.
3. The department may adopt, amend and repeal regulations relating to the issuance of any special fuel dealers or special fuel users license and the collection of fees therefor.
Sec. 13. NRS 366.230 is hereby amended to read as follows:
366.230 Every user of special fuels, as defined in this chapter, except temporary special fuel licensees, must, prior to the use of such fuel, apply to the department on a form prescribed by the department for a special fuel users license and a special fuel vehicle [permit] identification for each vehicle propelled by fuel subject to tax under this chapter.
Sec. 14. NRS 366.240 is hereby amended to read as follows:
366.240 1. Upon receipt of the application and bond as set forth in NRS 366.550 in proper form, the department shall issue to the applicant a special fuel dealers license or special fuel users license and special fuel vehicle [permit.]
κ1969 Statutes of Nevada, Page 579 (CHAPTER 329, SB 91)κ
NRS 366.550 in proper form, the department shall issue to the applicant a special fuel dealers license or special fuel users license and special fuel vehicle [permit.] identification.
2. The department may refuse to issue a special fuel dealers license or special fuel users license or special fuel vehicle [permit] identification to any person:
(a) Who formerly held a special fuel [users permit] dealers license or special fuel users identification which, prior to the time of filing the application, has been revoked for cause; or
(b) Who is a subterfuge for the real property in interest whose license or [permit,] identification, prior to the time of filing the application, has been revoked for cause; or
(c) Who neglects or refuses to furnish bond as required by the department; or
(d) Upon other sufficient cause being shown.
Sec. 15. NRS 366.250 is hereby amended to read as follows:
366.250 Any applicant whose application for a special fuel dealers license or special fuel users license has been denied may petition the department for a hearing. The department shall:
1. Grant the applicant a hearing.
2. Give him at least 10 days written notice of the time and place of the hearing.
Sec. 16. NRS 366.260 is hereby amended to read as follows:
366.260 1. Each special fuel dealers license or special fuel users license shall be valid until suspended or revoked for cause or otherwise canceled.
2. Each special fuel vehicle [permit] identification shall be valid for the calendar year unless suspended or revoked for cause or otherwise canceled.
3. No special fuel dealers license, special fuel users license or special fuel vehicle [permit] identification shall be transferable.
Sec. 17. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel dealer or special fuel user within the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel dealer or special fuel user shall:
1. Notify the department in writing at the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee thereof.
2. Make a report and pay all such taxes, interest and penalties and surrender to the department the license certificate theretofore issued to such special fuel dealer or special fuel user by the department.
3. Remove the special fuel vehicle [permit] identification from the vehicle if the vehicle passes from his control.
Sec. 18. NRS 366.380 is hereby amended to read as follows:
366.380 1. On or before the 25th day of each month, each special fuel dealer or special fuel user shall file with the department a monthly tax return, regardless of the amount of excise tax due, on a form prescribed by the department, together with supporting schedules.
κ1969 Statutes of Nevada, Page 580 (CHAPTER 329, SB 91)κ
2. The return shall show such information as the department may reasonably requires for the proper administration and enforcement of this chapter.
3. The monthly tax return shall be accompanied by a remittance, payable to the department, for the amount of excise tax due thereunder [.] , or a minimum remittance of $2, whichever is greater.
4. The department shall transmit all remittances to the state treasurer for deposit in the state highway fund pursuant to the provisions of NRS 366.700.
Sec. 19. NRS 366.530 is hereby amended to read as follows:
366.530 1. Any person failing to pay any excise tax, except taxes assessed under the provisions of [NRS 366.400 to 366.470, inclusive,] section 3 of this act, within the time prescribed by this chapter shall pay in addition to such tax a penalty of 10 percent of the amount thereof, plus interest on the amount of such tax at the rate of 1 percent per month or fraction thereof, from the date such tax became finally due and payable until the date of payment.
2. Any person who fails to submit a monthly tax return as provided in NRS 366.370 to 366.390, inclusive, shall pay a penalty of $10 for each month, or any part thereof, during which such return is delinquent, in addition to any other penalty provided by this chapter.
Sec. 20. NRS 366.540 is hereby amended to read as follows:
366.540 The tax provided for by this chapter shall be paid by the special fuel dealer in all cases where the special fuel is sold within the State of Nevada to a special fuel user who is not the holder of a special fuel users license [.] , a special fuel vehicle identification, or a temporary special fuel license. In all other cases the tax shall be paid by the user of such special fuel, and shall be computed by multiplying the tax rate per gallon provided in this chapter by the number of gallons of special fuel consumed by him in the propulsion of motor vehicles on the highways of this state.
Sec. 21. NRS 366.550 is hereby amended to read as follows:
366.550 1. When the department may deem it necessary, or when specifically provided by this chapter, an applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license, must provide a bond duly executed by the applicant or holder of a special fuel dealers license or holder of a special fuel users license as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of the bond shall be fixed by the department at [twice] three times the estimated amount of the monthly tax, determined in such manner as the department shall deem proper, and may be increased or reduced accordingly by the department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond shall not exceed [$10,000. When cash or a certificate of deposit or investment certificate is used, the amount required shall be rounded off to the next larger integral multiple of $100, within the same limit.]
κ1969 Statutes of Nevada, Page 581 (CHAPTER 329, SB 91)κ
limit.] $5,000. The amount so fixed shall be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license or special fuel users license shall affect the validity of any bond.
3. In lieu of a bond or bonds an applicant for a special fuel dealers license or special fuel users license or the holder of a special fuel dealers license or special fuel users license may deposit with the state treasurer, under such terms as the department may prescribe: [, a]
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department [.] ; or
(b) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada, which shall indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and which shall indicate that such amount is unavailable for withdrawal except upon order of the department. Interest earned on such amount shall accrue to the account of the applicant for or holder of the special fuel dealers license or special fuel users license.
Sec. 22. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed under this chapter, the excise tax, penalty or interest shall be refunded to the person paying the same. Written application for refund, stating the specific grounds therefor, shall be made within 2 years after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds shall not be made to successors or assigns in business of the person making the payment. Refunds shall be made to an estate or heir of such person if written application is made within the time limit and accompanied by proper authority from a probate court.
3. Any amount determined to be refundable by the department shall first be credited on any amounts then due and payable from the special fuel dealer or special fuel user to whom the refund is due, and the department shall then certify to the state board of examiners the balance thereof.
4. All amounts refunded under the provisions of this chapter shall be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. [Users] Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain month may apply for a special fuel tax refund or apply credit in lieu of refund to succeeding reports.
6. Temporary special fuel licensees are not eligible for special fuel tax refunds.
Sec. 23. NRS 366.155, 366.280, 366.300, 366.310, 366.320, 366.330, 366.340, 366.400, 366.410, 366.420, 366.430, 366.440, 366.450, 366.460, 366.470, 366.480, 366.490 and 366.520 are hereby repealed.
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κ1969 Statutes of Nevada, Page 582κ
Senate Bill No. 95Committee on Finance
CHAPTER 330
AN ACT making appropriations to the legislators retirement fund and to the public employees retirement board for the purpose of defraying the costs of administering the legislators retirement system.
[Approved April 14, 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:
1. The sum of $100,000 to the legislators retirement fund.
2. The sum of $1,000 to the public employees retirement board to be expended for the administration of the legislators retirement system.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 139Senators Swobe, Brown, Dodge, Bunker and Harris
CHAPTER 331
AN ACT relating to the public peace; outlawing the commission of an act in a public area which interferes with the peaceful conduct of activities in the area; providing a penalty; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 203 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person may commit any act in a public building or on the public grounds surrounding such building which interferes with the peaceful conduct of activities normally carried on in such building or on such grounds.
2. Any person whose conduct is prohibited by subsection 1 who refuses to leave such building or grounds upon request by the proper official is guilty of a misdemeanor.
3. Any person who aids, counsel or abets another to commit an act prohibited by subsection 2 is guilty of a misdemeanor.
4. For the purpose of this section:
(a) Proper official means the person or persons designated by the administrative officer or board in charge of such building.
(b) Public building means any building owned by:
(1) Any component of the University of Nevada System and used for any university purpose.
(2) The State of Nevada or any county, city, school district or other political subdivision of the state and used for any public purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 583κ
Senate Bill No. 200Committee on Transportation
CHAPTER 332
AN ACT relating to the sale of motor vehicles; prohibiting agreements related to the financing of the sale or purchase of such vehicles whereby the method of such financing is directed; providing penalties; and providing other matters properly relating thereto.
[Approved April 14, 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 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the following words and terms have the following meanings:
1. Person means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors.
2. Sell, sold, buy and purchase include exchange, barter, gift and offer or contract to buy or sell.
Sec. 3. 1. It is unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the business of selling such motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that such person so engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or shall sell and assign the conditional sales contracts, chattel mortgages or leases arising from the sale of motor vehicles or any one or number thereof only to a designated person or class of persons, when the effect of the condition, agreement or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated, by virtue of such condition, agreement or understanding to finance the purchase or sale of motor vehicles or to purchase such conditional sales contracts, chattel mortgages or leases.
2. Any such condition, agreement or understanding is hereby declared to be void and against the public policy of this state.
Sec. 4. Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that such person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, whether patented or unpatented, to such person who is so engaged in the business of selling motor vehicles at retail, unless such person finances the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sales of motor vehicles or any one or number thereof only to a designated person or class of persons is prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell motor vehicles on the condition or with the agreement or understanding prohibited in section 3 of this act.
κ1969 Statutes of Nevada, Page 584 (CHAPTER 332, SB 200)κ
persons is prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell motor vehicles on the condition or with the agreement or understanding prohibited in section 3 of this act.
Sec. 5. Any threat, expressed or implied, made directly or indirectly, to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this state and is affiliated with or controlled by any person engaged, directly or indirectly, in the manufacture or distribution of motor vehicles, that such person so engaged in such manufacture or distribution will terminate his contract with or cease to sell motor vehicles to such person engaged in the sale of motor vehicles at retail in this state unless such person finances the purchase or sale of any one or number of motor vehicles only or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his retail sale of motor vehicles or any one or any number thereof only to such person so engaged in financing the purchase or sale of motor vehicles or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles, is presumed to be made at the direction of and with the authority of such person so engaged in such manufacture or distribution of motor vehicles, and is prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell motor vehicles on the condition or with the agreement or understanding prohibited in section 3 of this act.
Sec. 6. It is unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, to pay or give, or contract to pay or give, any thing or service of value to any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state if the effect of any such payment or the giving of any such thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the person or class of persons who receive or accept such thing or service of value.
Sec. 7. It is unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing or service of value from any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, if the effect of the acceptance or receipt of any such payment, thing or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives, or contracts or agrees to accept or receive, such payment, thing or service of value.
Sec. 8. When there is a violation of any of the provisions of sections 2 to 14, inclusive, of this act by any corporation mentioned, in such sections, the attorney general or the district attorney of the proper county shall institute proper suits or quo warranto proceedings in the district court of the county where the violation occurred for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation.
κ1969 Statutes of Nevada, Page 585 (CHAPTER 332, SB 200)κ
2 to 14, inclusive, of this act by any corporation mentioned, in such sections, the attorney general or the district attorney of the proper county shall institute proper suits or quo warranto proceedings in the district court of the county where the violation occurred for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation.
Sec. 9. It is unlawful for any person who accepts or receives, either directly or indirectly, any payment, thing or service of value, as provided in section 8 of this act, or contracts, either directly or indirectly, to receive any such payment or thing or service of value, to finance or attempt to finance the purchase or sale of any motor vehicle or buy or attempt to buy any conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail in this state.
Sec. 10. 1. Every foreign corporation exercising any of the powers, franchises or functions of a corporation in this state, violating any of the provisions of this act, is prohibited from doing any business in this state, and the attorney general shall enforce this provision by bringing proper proceedings by injunction or otherwise.
2. The secretary of state is authorized to revoke the license of any such corporation previously authorized by him to do business in this state.
Sec. 11. Any contract or agreement in violation of sections 2 to 14, inclusive, of this act, is void and unenforcible either in law or equity.
Sec. 12. The provisions of sections 2 to 14, inclusive, of this act are in addition to and do not supersede any other prohibition or remedy provided by the laws of this state.
Sec. 13. 1. In addition to the criminal and civil penalties provided in sections 2 to 14, inclusive, of this act, any person who is injured in his business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by sections 2 to 14, inclusive, of this act, may commerce a civil action in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, and recover twice the damages by him sustained, and the costs of suit.
2. Whenever it appears to the court before which any proceedings under this act is pending that the ends of justice require that other parties be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not.
Sec. 14. 1. Any person who:
(a) Violates any of the provisions of sections 2 to 14, inclusive, of this act;
(b) Is a party to any agreement, understanding or contract prescribing any condition prohibited by sections 2 to 14, inclusive, of this act, and any employee, agent or officer of any such person who participates in any manner in making, executing, enforcing or performing or in urging, aiding or abetting in the performance of any such contract, condition, agreement or understanding;
(c) Pays or gives or contracts to pay or give any thing or service of value prohibited by sections 2 to 14, inclusive, of this act; or
κ1969 Statutes of Nevada, Page 586 (CHAPTER 332, SB 200)κ
(d) Receives or accepts or contracts to receive or accept any thing or service of value prohibited by sections 2 to 14, inclusive, of this act,
is guilty of a gross misdemeanor.
2. Each days violation of any provision of sections 2 to 14, inclusive, of this act constitutes a separate offense.
Sec. 15. This act shall become effective upon passage and approval.
________
Senate Bill No. 202Senators Slattery, Harris and Herr
CHAPTER 333
AN ACT relating to the blind and visually handicapped; establishing a policy concerning state employment of the handicapped; outlawing discrimination against visually handicapped persons; providing a penalty; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 52 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The failure of a totally or partially blind person to carry a white or metallic colored cane or to use a guide dog shall not be held to constitute contributory negligence per se, but may be admissible as evidence of, contributory negligence in a personal injury action by such a blind person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from such blind persons making use of the facilities or services offered by such carrier or place of public accommodation.
Sec. 2. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Subject to other applicable provisions of this chapter, it is the policy of this state that the visually and physically handicapped shall be employed in the service of the state, in the service of political subdivisions, and in all other employment supported in whole or in part by the state on the same terms and conditions as the able-bodied, if it is not shown that the particular disability prevents the proper performance of the work involved.
Sec. 3. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is the policy of this state to:
1. Enable the visually handicapped to participate fully in the social and economic life of the state and to engage in remunerative employment and to secure for them the same rights as the able-bodied to the full and free use of the street, highways, sidewalks, walkways, public buildings, public facilities and other public places.
2. Promote these objectives by periodic public observance in which the people of the state are reminded:
κ1969 Statutes of Nevada, Page 587 (CHAPTER 333, SB 202)κ
(a) Of the significance of the white cane.
(b) To observe the provisions of the laws for the protection of the disabled and to take precautions necessary to the safety of the disabled.
(c) Of the policies of the state with respect to the visually and physically disabled and to cooperate in giving effect to them.
(d) Of the need to:
(1) Be aware of the presence of disabled persons in the community;
(2) Keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited; and
(3) Offer assistance to disabled persons upon appropriate occasions.
Sec. 4. NRS 651.070 is hereby amended to read as follows:
651.070 All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, [or] national origin [.] or physical or visual handicap.
Sec. 5. Chapter 651 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No place of public accommodation, as defined by NRS 651.050, may:
1. Refuse service to a visually handicapped person because he is accompanied by a guide dog; or
2. Charge an additional fee for such dog unless the dog requires additional space or service.
Any extra charge shall be reasonable and based on the cost of the extra space and services actually provided.
Sec. 6. Chapter 704 is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.
Sec. 7. 1. All visually or physically handicapped persons are entitled to the full and equal enjoyment of the facilities of any common carrier or other means of public conveyance and transportation operating within this state.
2. It is unlawful for any person, firm, partnership or corporation to deny any of the privileges granted by subsection 1.
Sec. 8. No common carrier or other means of public conveyance or transportation operating in this state may:
1. Refuse service to a visually handicapped person because he is accompanied by a guide dog; or
2. Charge an additional fee for such dog unless the dog requires additional space or service.
Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 588κ
Senate Bill No. 225Committee on Federal, State and Local Governments
CHAPTER 334
AN ACT relating to planning and zoning; specifying in what proportion vacated streets shall revert to abutting property owners; providing for the reservation of certain rights and easements; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.480 is hereby amended to read as follows:
278.480 1. Any person, firm or corporation desiring the vacation or abandonment of any street or portion thereof shall file a petition in writing, signed by not less than three freeholders owning lands within the area affected by the proposed vacation and abandonment, with the governing body having jurisdiction.
2. If there be a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.
3. Whenever any streets are proposed to be vacated, the governing body shall cause the streets to be posted with a notice setting forth the extent of the proposed abandonment and setting a date for public hearing, which date shall be not less than 30 days and not more than 40 days subsequent to the date of posting of the street.
4. If, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street to be vacated. The governing body may make such order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.
5. The order shall be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon such recordation title to the street shall revert to the abutting property owners [.] in the proportion that the property was dedicated by such abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion thereof, the governing body may sell such vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body so sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action shall be taken by the governing body to force such owner to purchase such portion and no such portion shall be sold to any person other than such owner if such sale would result in a complete loss of access to a street from such abutting property.
6. Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.
7. In any vacation or abandonment of any street or portion thereof, the governing body may reserve and except therefrom any easements, rights or interests therein which the governing body may deem desirable for the use of the city or of any public utility.
κ1969 Statutes of Nevada, Page 589 (CHAPTER 334, SB 225)κ
rights or interests therein which the governing body may deem desirable for the use of the city or of any public utility.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 230Committee on Health and Welfare
CHAPTER 335
AN ACT relating to dependent children; giving the district attorneys the responsibility for taking action to establish paternity of a child and for taking legal action against a nonsupporting parent of a child; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 126 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The district attorney of the county of residence of the child shall take such action as is necessary to establish paternity of such child and locate, apprehend or take legal action against a deserting or nonsupporting parent of such child.
2. In a county where the district attorney has deputies to aid him in the performance of his duties, such district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.
Sec. 2. NRS 126.090 is hereby amended to read as follows:
126.090 1. The proceedings to compel support may be brought by the mother, of if the child is or is likely to be a public charge, by the authorities charged with its support [.] as provided in section 1 of this act. After the death of the mother or in case of her disability, it may also be brought by the child acting through its guardian or next friend.
2. If the proceeding is brought by the public authorities, the mother, if living, shall be made a party defendant.
Sec. 3. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The district attorney of the county of residence of a minor child who has been deserted, neglected or for whom support and maintenance are refused as prescribed by NRS 201.020 shall take such action as is necessary to establish paternity of such child and locate, apprehend or take legal action against a deserting or nonsupporting parent of such applicant or recipient.
2. In a county where the district attorney has deputies to aid him in the performance of his duties, such district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.
Sec. 4. NRS 201.030 is hereby amended to read as follows:
201.030 Proceedings under NRS 201.020 to 201.080, inclusive, may be instituted upon complaint made under oath or affirmation by the wife or child or children, or by any other person, including the district attorney as provided in section 3 of this act, against any person guilty of either of the offenses named in NRS 201.020.
κ1969 Statutes of Nevada, Page 590 (CHAPTER 335, SB 230)κ
be instituted upon complaint made under oath or affirmation by the wife or child or children, or by any other person, including the district attorney as provided in section 3 of this act, against any person guilty of either of the offenses named in NRS 201.020.
Sec. 5. Chapter 425 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The district attorney of the county of residence of an applicant for or recipient of assistance shall take such action as is necessary to establish paternity of such child and locate, apprehend or take legal action against a deserting or nonsupporting parent of such applicant or recipient.
2. In a county where the district attorney has deputies to aid him in the performance of his duties, such district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.
________
Senate Bill No. 272Committee on Education
CHAPTER 336
AN ACT relating to insurance payments for school property loss; permitting such payments to be used in methods other than in replacing or repairing damaged property in certain instances; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 393.020 is hereby amended to read as follows:
393.020 1. The board of trustees of a school district shall have the power to insure for a reasonable amount the schoolhouses, furniture and school apparatus with some company authorized by law to transact business in the State of Nevada, and to comply with the conditions of the insurance policies.
2. Any money received by a school district from insurance as payment for property loss shall be deposited with the county treasurer in a special fund to the credit of the school district, and [shall] may be expended in the manner provided by law for the repair, rebuilding or replacement of the property damaged or destroyed, without special budget provisions for such expenditure, [.] or, if such repair, rebuilding or replacement is not in the best interest of the district, as determined by the board of trustees, such moneys may be transferred from such special fund to the school district buildings and sites fund. This section does not apply where, in order to obtain the maximum insurance proceeds, the insurance contract requires that the school improvement be reconstructed on the same site.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 591κ
Senate Bill No. 282Committee on Taxation
CHAPTER 337
AN ACT relating to taxation of real property; providing that no exemption provided by law on such property will be granted unless a claim therefor has been filed on or before the 1st Monday in August of the year for which the exemption is claimed; clarifying the amount of exemption to which a taxpayer is entitled; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.155 is hereby amended to read as follows:
361.155 [Notwithstanding any other provisions of this chapter or any section or subsection thereof, all] All claims for tax exemptions on real property [, which are based on NRS 361.080, 361.085 and 361.090,] shall be filed on or before the 1st Monday in August of the year for which the exemption is claimed. [; all other claims for exemptions shall be filed on or before the 1st Monday in October of the year for which the exemption is claimed.] All exemptions provided for under this chapter apply on a fiscal year basis and any exemption granted under this chapter shall not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 437Committee on Judiciary
CHAPTER 338
AN ACT relating to courts; extending the places of holding district courts; and providing other matters properly relating thereto.
[Approved April 14, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.050 is hereby amended to read as follows:
1.050 1. The district court in and for Carson City shall sit at Carson City.
2. [Every] Except as provided in subsection 4, every other court of justice, except justices or municipal court, shall sit at the county set of the county in which it is held.
3. Justices courts shall be held in their respective townships, precincts or cities, and municipal courts in their respective cities.
4. The parties to an action in a district court may stipulate, with the approval of the court, that the action may be tried, or any proceeding related to the action may be had, before that court at any other place in this state where a district court is regularly held.
Sec. 2. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 592κ
Senate Bill No. 520Committee on Finance
CHAPTER 339
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved April 15, 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 $333,026.00.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 224Senators Titlow, Christensen, Farr, Fransway, Harris, Hecht, Herr, Hug, Lamb, Manning, Slattery, Swobe, White and Young
CHAPTER 340
AN ACT relating to occupational diseases; providing that diseases of the heart of certain firemen are occupational diseases and compensable as such; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent total disability or death, shall be considered occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and in the course of the employment of a person who, for 10 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation of firefighting for the benefit or safety of the public and had medical examinations annually which included examinations of the heart.
2. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent total disability or death, shall be considered occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 and who, for 10 years or more, has served continuously as a volunteer fireman and who has not reached the age of 55 years before the onset of such disease and had medical examinations annually which included examinations of the heart.
κ1969 Statutes of Nevada, Page 593 (CHAPTER 340, SB 224)κ
the onset of such disease and had medical examinations annually which included examinations of the heart.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 268Committee on Transportation
CHAPTER 341
AN ACT to amend chapter 484 of NRS, relating to traffic laws, by providing that allegedly intoxicated vehicle drivers impliedly consent to chemical tests to determine degree of intoxication; providing for suspension of the driving privilege for refusal; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. Except as provided in subsections 4 and 5, any person who drives a vehicle upon a highway in this state shall be deemed to have given his consent to a chemical test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood when such test is administered at the direction of a police officer having reasonable grounds to believe that such person was driving a vehicle while under the influence of intoxicating liquor and after such person was arrested for any offense allegedly committed while such person was driving a vehicle under the influence of intoxicating liquor.
2. Such person shall be informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
3. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not such person is informed that his failure to submit to such test will result in the suspension of his privilege to drive a vehicle for a period of 6 months.
4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section.
5. A person may refuse to submit to a blood test if means are reasonably available to perform a breath or urine test, and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath test.
Sec. 3. 1. If a person under arrest refuses to submit to a required chemical test as directed by a police officer under section 2 of this act, none shall be given; but the department of motor vehicles, upon receipt of a sworn written statement of such officer that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor and that such person refused to submit to such test upon the request of such officer, shall immediately:
κ1969 Statutes of Nevada, Page 594 (CHAPTER 341, AB 268)κ
to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor and that such person refused to submit to such test upon the request of such officer, shall immediately:
(a) Suspend such persons license or instruction permit to drive for a period of 6 months;
(b) If such person is a nonresident, suspend his privilege to drive a vehicle in this state for a period of 6 months and inform the appropriate agency in the state of his residence of such action; or
(c) If such person is a resident without a license or instruction permit to drive, deny to such person the issuance of a license or permit for a period of 6 months after the date of the alleged violation.
2. The revocations provided for in subsection 1 shall become effective 10 days after the mailing of written notice thereof by such department to any such person at his last-known address.
Sec. 4. 1. Except as provided in subsection 2, any person whose license or permit has been suspended, or the issuance thereof has been delayed, pursuant to section 3 of this act may request a hearing before the department of motor vehicles, and such hearing shall be afforded him in the same manner and under the same conditions as are provided in subsection 8 of NRS 483.470.
2. The scope of such hearing shall be limited to the issues of whether a police officer had reasonable grounds to believe such person had been driving a vehicle upon a highway while under the influence of intoxicating liquor, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. Whether such person was informed that his privilege to drive would be suspended if he refused to submit to the test shall not be an issue.
3. If the suspension or determination that there be a denial of issuance is sustained after such hearing, the person whose license or permit has been suspended, or to whom a license or permit has been denied, shall have the right to a review of the matter in district court in the same manner as provided by NRS 483.520.
Sec. 5. 1. If a person refuses to submit to a required chemical test provided for in section 2 of this act, evidence of such refusal shall be admissible in any criminal action arising out of acts alleged to have been committed while such person was driving a vehicle while under the influence of intoxicating liquor.
2. If a person submits to such a test, full information concerning such test shall be made available, upon his request, to him or his attorney.
Sec. 6. 1. A person arrested for driving a vehicle while under the influence of intoxicating liquor shall be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests for the purpose of determining the alcoholic content of his blood.
2. The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by section 2 of this act.
κ1969 Statutes of Nevada, Page 595 (CHAPTER 341, AB 268)κ
Sec. 7. 1. The results of any blood test administered under the provisions of section 2 or section 6 of this act shall not be admissible in any hearing or criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor unless the blood tested was withdrawn by a physician, registered nurse or a technician employed in a medical laboratory.
2. The limitation contained in subsection 1 shall not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No such physician, registered nurse or technician shall incur any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer such test.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 539Mr. Reid
CHAPTER 342
AN ACT relating to motor vehicle registration and drivers licenses; providing that drivers license numbers be identical to social security numbers; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The number of any drivers license issued or renewed by the department after the effective date of this act shall be identical to the social security number of the licensee. If the licensee does not have a social security number, the department may assign a number.
________
Assembly Bill No. 506Committee on Transportation
CHAPTER 343
AN ACT relating to drivers licenses; authorizing state-military reciprocity in the suspension of driving privileges; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The department may suspend or revoke the license of a member of the Armed Forces of the United States stationed at a military installation located in Nevada if:
κ1969 Statutes of Nevada, Page 596 (CHAPTER 343, AB 506)κ
the Armed Forces of the United States stationed at a military installation located in Nevada if:
1. It receives notice from the commander of any such installation that such persons military driving privilege has been suspended; and
2. The conduct on which the suspension of the military license is based is of such a nature that the department would revoke or suspend such persons operators or chauffeurs license had such conduct occurred within its jurisdiction.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 544Committee on Judiciary
CHAPTER 344
AN ACT relating to paroles and probation; creating a department of parole and probation; defining duties of the chief parole and probation officer; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 213 is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. There is hereby created the department of parole and probation.
2. The department shall consist of the executive officer and such divisions or sections as the executive officer may create with the approval of the board.
3. The executive officer of the department shall be the chief parole and probation officer appointed in accordance with NRS 213.1092.
Sec. 3. The executive officer, subject to the administrative supervision of the board, shall:
1. Administer all activities and services of the department in accordance with the policies, standards, rules and regulations established by the board.
2. Be responsible for the management of the department.
Sec. 4. The executive officer, with the approval of the board, may:
1. Organize the department to provide maximum efficiency in carrying out its duties.
2. Appoint the heads of divisions or sections as established.
3. Appoint such assistants and other employees as may be required to administer the duties imposed by law upon the board and the department within the limits of appropriations.
4. Set standards of service.
Sec. 5. 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.] chapter 129, Statutes of Nevada 1969, and sections 2 to 4, inclusive, of this act:
κ1969 Statutes of Nevada, Page 597 (CHAPTER 344, AB 544)κ
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer, who is the executive officer of the department.
Sec. 6. NRS 213.1092 is hereby amended to read as follows:
213.1092 1. The board shall appoint a chief parole and probation officer, who shall be in the unclassified service of the state.
2. [With the approval of the board and within the limits of appropriations made by law, the chief parole and probation officer may appoint a sufficient number of assistant parole and probation officers and other employees required to administer the duties imposed by law upon the board and the chief parole and probation officer.] The chief parole and probation officer shall:
(a) Be selected on the basis of his training, experience, capacity and interest in correctional services.
(b) Have had at least 5 years experience in correctional programs, of which at least 3 years shall have been in a responsible administrative position.
3. The board shall supervise the activities of the chief parole and probation officer.
4. The board shall provide suitable office quarters, supplies and equipment in order to maintain the principal office of the chief parole and probation officer, which shall be in Carson City, Nevada.
Sec. 7. NRS 213.1095 is hereby amended to read as follows:
213.1095 The chief parole and probation officer shall:
1. [Be responsible for such reports of investigation and supervision as may be requested by the board or courts.
2. Subject to the approval of the board, divide the state into districts and assign assistant parole and probation officers to serve in the various districts and courts.
3. Direct the work of the assistant parole and probation officers and other employees assigned to him.
4. Formulate methods of investigation, supervision, record keeping and reports.
5. Conduct training courses for the staff.
6. Develop policies of parole and probation work in the light of other welfare administration policies.
7. Furnish or cause to be furnished to each person released under his supervision a written statement of the conditions of parole or probation and shall instruct or cause to be instructed any parolee or probationer regarding the same.
8. Make such reports in writing as the board shall from time to time require.
9. At the close of each fiscal year, submit to the governor and to the board a report with statistical and other data of his work.
10. Advise or cause to be advised the board or the court of any violator of the conditions of the parole or the probation, as the case may be.
11. Perform such other duties as the board may prescribe.] Be responsible for and supervise the fiscal affairs and responsibilities of the department.
κ1969 Statutes of Nevada, Page 598 (CHAPTER 344, AB 544)κ
2. Present, in conjunction with the budget division of the department of administration, the biennial budget of the department to the legislature.
3. Establish, consolidate and abolish sections within the department.
4. Establish, consolidate and abolish districts within the state to which assistant parole and probation officers are assigned.
5. Appoint, in accordance with the provisions of chapter 284 of NRS, the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the department.
6. Be responsible for such reports of investigation and supervision and other reports as may be requested by the board or courts.
7. Direct the work of all assistants and employees as may be assigned to him.
8. Formulate methods of investigation, supervision, record keeping and reporting.
9. Develop policies of parole and probation work in the light of other acceptable and recognized correctional programs and conduct training courses for the staff.
10. Furnish or cause to be furnished to each person released under his supervision a written statement of the conditions of parole or probation, instruct or cause to be instructed any parolee or probationer regarding the same, and advise or cause to be advised the board or the court of any violation of the conditions of parole and probation.
11. At the close of each biennium, submit to the governor and the board a report, with statistical and other data, of his work.
12. Perform such other duties as the board may prescribe.
Sec. 8. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Assembly Bill No. 543Committee on Judiciary
CHAPTER 345
AN ACT relating to parole; abrogating provision permitting temporary release from county jails; providing for dishonorable discharges from parole; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.110 is hereby amended to read as follows:
213.110 1. Subject to the provisions of NRS 213.120, the board shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison and who has not previously been more than three times convicted of a felony and served a term in a penal institution, [or who is imprisoned in a county jail,] may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the inclosure of the state prison. [or county jail.]
κ1969 Statutes of Nevada, Page 599 (CHAPTER 345, AB 543)κ
2. The board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolees active service after induction into the military service.
Sec. 2. NRS 213.150 is hereby amended to read as follows:
213.150 1. The board shall have full power to make and enforce rules and regulations covering the conduct of paroled prisoners, and to retake or cause to be retaken and imprisoned any prisoner so upon parole.
2. The boards written order, certified to by the secretary of the board, shall be sufficient warrant for all officers named therein to authorize such officers to return to actual custody any conditionally released or paroled prisoner.
3. All sheriffs, [officers and members of the Nevada state police,] constables, chiefs of police and all prison or other peace officers shall execute any such order in like manner as ordinary criminal process.
4. When a paroled prisoner has been retaken, the chief parole and probation officer may after consideration of the case and pending the next meeting of the board release such prisoner again upon parole or revoke his parole and return him to confinement. The chief parole and probation officer shall take whichever action he deems appropriate within:
(a) Fifteen days if such prisoner was paroled by the board.
(b) Thirty days if such prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
5. The board shall consider at its next meeting the case of each paroled prisoner retaken pursuant to this section.
6. Any person who is retaken and imprisoned pursuant to this section for a violation of any rule or regulation governing his conduct shall:
(a) Forfeit all credits for good behavior earned prior to his parole; and
(b) Serve such part of the unexpired term of his original sentence as may be determined by the board.
7. If a person, subsequent to his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 600κ
Assembly Bill No. 158Mr. Lowman
CHAPTER 346
AN ACT relating to the reciprocal enforcement of support; revising the Uniform Reciprocal Enforcement of Support Act to clarify its meaning; prescribing procedures for the conduct of hearings; providing for the registration of foreign support orders; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 130.010 is hereby amended to read as follows:
130.010 This chapter [is known and] may be cited as the Revised Uniform Reciprocal Enforcement of Support Act [.] (1968).
Sec. 2. NRS 130.030 is hereby amended to read as follows:
130.030 The purposes of this chapter are to improve and extend by reciprocal legislation the enforcement of duties of support. [and to make uniform the law with respect thereto.]
Sec. 3. NRS 130.040 is hereby amended to read as follows:
130.040 As used in this chapter, unless the context requires otherwise [:
1. Court means the district court and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law.
2. Duty of support includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial separation, separate maintenance or otherwise.
3. Initiating state means any state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.
4. Law includes both common and statute law.
5. Obligee means any person to whom a duty or support is owed.
6. Obligor means any person owing a duty of support.
7. Prosecuting official means the district attorney charged with the prosecution of criminal offenses in the county in which the obligor is alleged to be present.
8. Responding state means any state in which any proceeding pursuant to the proceeding in the initiating state is or may be commenced.
9. State includes any state, territory or possession of the United States and the District of Columbia in which this or a substantially similar reciprocal law has been enacted.] , the words and terms defined in sections 27 to 42, inclusive, of this act have the meanings ascribed to them in sections 27 to 42, inclusive, of this act.
Sec. 4. NRS 130.070 is hereby amended to read as follows:
130.070 1. The governor of this state may:
(a) Demand [from] of the governor of [any other] another state the surrender of [any] a person found in [such other] that state who is charged criminally in this state with [the crime of] failing to provide for the support of any person; [in this state;] and
(b) Surrender on demand by the governor of [any other state any] another state a person found in this state who is charged [in such other]