[Rev. 2/28/2019 11:20:52 AM]
κ1969 Statutes of Nevada, Page 801 (CHAPTER 457, AB 692)κ
than 6 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Nevada tax commission to any local government which makes application for such extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the Nevada tax commission shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.
2. The governing body may, without requiring competitive bids, designate such accountant or firm annually. The accountant or firm shall be designated not later than 3 months prior to the close of the fiscal year for which the audit is to be made.
3. Each annual audit shall cover the business of the local government during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the Nevada tax commission, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.
4. The recommendation and the summary of the narrative comments of the audit report shall be read in full at a meeting of the governing body held not more than 30 days after the report is filed. Immediately thereafter, the entire audit report shall be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The Nevada tax commission; [and]
(d) In the case of school districts, the state department of education [.] ; and
(e) In the case of general improvement districts subject to the jurisdiction of the public service commission of Nevada pursuant to NRS 318.140 and 318.144, to the commission.
Sec. 5. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, temporary emergency loan repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment.
κ1969 Statutes of Nevada, Page 802 (CHAPTER 457, AB 692)κ
employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by chapter 278 of NRS.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 18 months following the date of such contract.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works [.] , funds for which have been provided by the proceeds of a sale of bonds or an emergency loan. Unappropriated surplus funds shall not be used unless appropriated in a manner provided by law.
Sec. 6. NRS 355.130 is hereby amended to read as follows:
355.130 1. By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance is empowered to lend any available moneys in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, to local governments situated within the boundaries of the State of Nevada. Such loans shall be made only to local governments that have observed the regulations and followed the procedure for obtaining [temporary] emergency loans set forth in chapter 354 of NRS. Such loans shall be made for a period of not longer than [3] 5 years and shall bear interest at the rate of not to exceed 8 percent per annum.
2. In making loans to local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 417Committee on Health and Welfare
CHAPTER 458
AN ACT relating to food and drink establishment; conforming provisions relating to inspections and grading of establishments with provisions relating to food service sanitation; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 446.010 is hereby amended to read as follows:
446.010 Unless the context otherwise requires, the definitions set forth in NRS 446.020 to 446.060, inclusive, and in sections 58 to 77, inclusive, of this act govern the construction of [NRS 446.010 to 446.640, inclusive.]
κ1969 Statutes of Nevada, Page 803 (CHAPTER 458, SB 417)κ
inclusive, of this act govern the construction of [NRS 446.010 to 446.640, inclusive.] this chapter.
Sec. 2. NRS 446.020 is hereby amended to read as follows:
446.020 1. Food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food [product] intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food [product] is sold, offered or displayed for sale, or served.
2. This definition shall not be construed to include:
(a) Private homes.
(b) Fraternal or social clubhouses attendance at which is limited to club members.
(c) [Any establishment the sanitation of which is specifically governed by NRS 446.645 to 446.945, inclusive, or other laws or rules and regulations of the state board of health.
(d)] Vehicles operating on common carriers engaged in interstate commerce.
[(e)] (d) Premises on which religious, charitable and other nonprofit organizations sell food [products] for the purpose of raising funds.
Sec. 3. NRS 446.030 is hereby amended to read as follows:
446.030 Food handler means any person employed in or operating a food establishment, whether employer, employee or independent individual who handles, stores, transports, prepares, manufactures, serves or sells food, [products,] or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service, or sale of food. [products.]
Sec. 4. NRS 446.040 is hereby amended to read as follows:
446.040 [Food product] Food means any food, drink, confection or beverage, or any component in the preparation or manufacture thereof, intended for ultimate human consumption, stored, being prepared or manufactured, displayed, offered for sale, sold, or served in a food establishment.
Sec. 5. NRS 446.050 is hereby amended to read as follows:
446.050 Health [officer] authority means the [state health officer and includes any of his assistants, deputies, inspectors or any other official representative or member of the state health officers staff who is charged with the enforcement of NRS 446.010 to 446.640, inclusive.] officers and agents of the health division of the department of health, welfare and rehabilitation, or the officers and agents of the local boards of health.
Sec. 6. NRS 446.110 is hereby amended to read as follows:
446.110 When under NRS 446.785 suspicion arises as to the possibility of transmission of infection from any food handler, the health [officer is authorized to] authority may require any or all of the following measures:
1. The immediate exclusion of the food handler from all food establishments.
2. The immediate closing of the food establishment concerned until, in the opinion of the health [officer,] authority, no further danger of disease outbreak exists.
3. Adequate medical examinations of the food handler and of his associates, with such laboratory examinations as may be indicated.
κ1969 Statutes of Nevada, Page 804 (CHAPTER 458, SB 417)κ
Sec. 7. NRS 446.190 is hereby amended to read as follows:
446.190 No license under any license ordinance of a city, county or other licensing authority shall be issued for the operation of a food establishment to any person owning or operating such food establishment unless the permit required by [NRS 446.010 to 446.640, inclusive,] this chapter has first been granted by the health [officer.] authority.
Sec. 8. NRS 446.200 is hereby amended to read as follows:
446.200 1. A license to operate a food establishment issued by any licensing authority to a person owning or operating such food establishment shall be revoked when such persons permit has been revoked by the health [officer,] authority, and no new license may be issued until such person again possesses an unrevoked permit from the health [officer.] authority.
2. Licensing authorities shall be notified by the health [officer] authority of the revocation of any permit.
Sec. 9. NRS 446.400 is hereby amended to read as follows:
446.400 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to dry sweep or clean a floor in any manner that raises dust.
Sec. 10. NRS 446.410 is hereby amended to read as follows:
446.410 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to maintain any icebox, refrigerator or other cooler for food products in an unwholesome, unclean or insanitary condition, or above [50°] 45° F. No meats shall be stored in direct contact with shelves. No food [products] shall be stored so as to be subject to the drip from ice or refrigerator coils.
Sec. 11. NRS 446.420 is hereby amended to read as follows:
446.420 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to keep spoiled or rotten fruit, meat, vegetables or other garbage in anything except a [watertight metal] nonporous watertight container covered with a tight-fitting lid. The presence in a food establishment of any such spoiled or rotten food, [products,] except in this container, shall be deemed prima facie evidence of its being kept for sale as human food. This container shall not be kept in any refrigerator where food [products are] is kept.
Sec. 12. NRS 446.440 is hereby amended to read as follows:
446.440 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful, while preparing or dispensing food, [products,] to use tobacco or snuff in any form or be intoxicated.
Sec. 13. NRS 446.450 is hereby amended to read as follows:
446.450 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to expectorate on the utensils, apparatus, floor, side walls, food [products] or the containers thereof.
κ1969 Statutes of Nevada, Page 805 (CHAPTER 458, SB 417)κ
or without a price, it shall be unlawful to expectorate on the utensils, apparatus, floor, side walls, food [products] or the containers thereof.
Sec. 14. NRS 446.460 is hereby amended to read as follows:
446.460 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to wrap any food, [product,] usually consumed without peeling, in any unclean paper, or in paper which has been previously used, or in a printed wrapper unless the wrapper is heavily paraffined or waxed or of similar impervious material.
Sec. 15. NRS 446.480 is hereby amended to read as follows:
446.480 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to offer for sale or to display fruit or vegetables at a height of less than 18 inches above the floor.
Sec. 16. NRS 446.500 is hereby amended to read as follows:
446.500 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to provide a common towel or to use dishcloths, towels and wiping cloths that are unclean, soiled or insanitary.
Sec. 17. NRS 446.520 is hereby amended to read as follows:
446.520 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to use after opening any sealed metal can or other such food container for the purposes of cooking, preparing or storing food. [products.]
Sec. 18. NRS 446.530 is hereby amended to read as follows:
446.530 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to fail to provide a vented hood or canopy over and above any stove where food [product are] is prepared, unless some other means of ventilation is approved by the health [officer.] authority.
Sec. 19. NRS 446.550 is hereby amended to read as follows:
446.550 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful for any person other than employed personnel to use any part of a kitchen as a dining room.
Sec. 20. NRS 446.560 is hereby amended to read as follows:
446.560 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to conduct laundering or ironing operations.
Sec. 21. NRS 446.570 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 806 (CHAPTER 458, SB 417)κ
446.570 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to permit unnecessary loitering or the routine presence of small children in space in which food is prepared.
Sec. 22. NRS 446.580 is hereby amended to read as follows:
446.580 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to use any basement or cellar, except for storage of food [products] contained in sealed metal or glass containers, unless the floors, walls and ceilings are of tight, sound, smooth, easily cleanable construction, in good repair, that will effectively exclude rodents, other vermin and leakage, and every pipe, drain or conduit passing through floors, walls or ceilings is sealed into place, and no drain or sewer pipes are located overhead where leakage from such pipes could contaminate food, [products,] and other requirements of [NRS 446.010 to 446.640, inclusive,] this chapter are observed. From and after [March 17, 1943,] the effective date of this act, no new kitchen or places for the preparation, manufacture or cooking of food [products] in basements or cellars shall be permitted unless every requirement of [NRS 446.010 to 446.640, inclusive,] this chapter is strictly complied with.
Sec. 23. NRS 446.590 is hereby amended to read as follows:
446.590 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to provide drinking cups for common use or allow drinking cups for common use to be on the premises.
Sec. 24. NRS 446.600 is hereby amended to read as follows:
446.600 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to use cracked, chipped or corroded dishes, vessels and utensils.
Sec. 25. NRS 446.610 is hereby amended to read as follows:
446.610 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful to perform tonsorial services, shoe repairing or cleaning, or other business giving rise to dust, dirt, foul odors and other matter that may contaminate food. [products.]
Sec. 26. NRS 446.620 is hereby amended to read as follows:
446.620 In any food establishment where any food [product] is prepared, handled, cooked, stored, packed, canned, manufactured, sold, served, furnished, dispensed or distributed, whether dispensed for a price or without a price, it shall be unlawful:
1. To use an insecticide in powder form, or any preparation in powder form containing sodium fluoride or other salt of hydrofluoric acid, unless the powders are distinctly colored Nile blue.
κ1969 Statutes of Nevada, Page 807 (CHAPTER 458, SB 417)κ
2. To store, keep or use any insecticide, exterminators, or other substance containing sodium fluoride or other poison in refrigerators, on shelves or in other places where they may contaminate food or beverages.
3. To cleanse or polish eating and cooking utensils with any article, polish or other substance containing any cyanide preparation.
Sec. 27. NRS 446.640 is hereby amended to read as follows:
446.640 The district attorneys of the several counties shall prosecute violations of [NRS 446.010 to 446.620, inclusive, or of the interpretive code established pursuant to NRS 446.390.] this chapter and the regulations of the state board of health.
Sec. 28. NRS 446.775 is hereby amended to read as follows:
446.775 All food in food [service] establishments shall be from sources approved or considered satisfactory by the health authority, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid or low-acid food which has been processed in a place other than a commercial food processing establishment shall be used.
Sec. 29. NRS 446.780 is hereby amended to read as follows:
446.780 1. All food while being stored, prepared, displayed, served or sold at food [service] establishments, and during transportation to or from such establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect it against spoilage. All potentially hazardous food shall be maintained at safe temperatures, except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffing, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served. Individual portions of food, except wrapped food which has not been unwrapped and which is wholesome, once served to a customer shall not be served again.
2. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in food [service] establishments. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to [employees] food handlers or customers.
Sec. 30. NRS 446.785 is hereby amended to read as follows:
446.785 1. No person, while affected with any disease in [a] an infectious, contagious or communicable form, while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, may work in any area of a food [service] establishment in any capacity in which there is a likelihood that such person may contaminate food or food contact surfaces with pathogenic organisms, or transmit disease to other individuals. No person known or suspected to be affected with any such disease or condition shall be employed in such an area or capacity.
2. Any manager or person in charge of such establishment who knows or has reason to suspect that any [employee] food handler has contracted any disease in a communicable form or has become a carrier of such disease shall notify the health authority immediately.
κ1969 Statutes of Nevada, Page 808 (CHAPTER 458, SB 417)κ
3. Any such food handler shall notify the food establishment manager immediately when any of such conditions obtain, and if neither the manager nor the food handler concerned notify the health authority immediately when any of such conditions obtain they shall be held jointly and severally to have violated this section.
4. A placard containing this section shall be posted in all food establishments.
Sec. 31. NRS 446.790 is hereby amended to read as follows:
446.790 All [employees] food handlers shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary while at work in order to remove soil and contamination. No [employee] food handler may resume work after visiting the toilet room without first washing his hands.
Sec. 32. NRS 446.795 is hereby amended to read as follows:
446.795 1. All equipment and utensils used by any food [service] establishment shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair. The food contact surfaces of such equipment and utensils shall be easily accessible for cleaning, nontoxic, corrosion resistant and relatively non-absorbent, but where approved by the health authority, exceptions may be made to the above materials requirements for equipment such as cutting boards, blocks and bakers tables.
2. All such equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas.
3. Equipment in use on April 18, 1963, which does not meet fully the above requirements, may be continued in use if it is in good repair, capable of being maintained in a sanitary condition and has nontoxic food contact surfaces.
4. Single-service articles shall be made from nontoxic materials.
Sec. 33. NRS 446.800 is hereby amended to read as follows:
446.800 1. All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.
2. All kitchenware and food contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Nonfood-contact surfaces of equipment shall be cleaned at such intervals as may be required in order to keep them in a clean and sanitary condition.
3. Immediately after being cleaned, and until used again, all [food contact] food-contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination.
4. All single-service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once.
5. Food [service] establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.
κ1969 Statutes of Nevada, Page 809 (CHAPTER 458, SB 417)κ
Sec. 34. NRS 446.805 is hereby amended to read as follows:
446.805 1. The water supply for all food [service] establishments shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, utensils or containers are washed.
2. Water, if not piped into the establishment, shall be transported and stored in approved containers and shall be handled and dispensed in a sanitary manner.
3. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner.
Sec. 35. NRS 446.820 is hereby amended to read as follows:
446.820 Each food [service] establishment shall be provided with adequate, conveniently located toilet facilities for [its employees.] food handlers. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of nonwater-carried sewage disposal facilities have been approved by the health authority, such facilities shall be separate from the establishment. Where toilet facilities are provided for patrons, such facilities shall meet the requirements of this section.
Sec. 36. NRS 446.825 is hereby amended to read as follows:
446.825 Each food [service] establishment shall be provided with adequate, conveniently located hand-washing facilities for [its employees,] food handlers, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand-cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair. All food handlers shall wash their hands after using the toilets or otherwise contaminating their hands. Hand-washing signs shall be posted near the hand-washing facilities.
Sec. 37. NRS 446.830 is hereby amended to read as follows:
446.830 All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent containers, which do not emit offensive odors and which shall be kept covered with tight-fitting lids when filled, stored, or not in continuous use; but such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a foodwaste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Foodwaste grinders, if used, shall be installed in compliance with state and local standards and shall be of suitable construction. Liquid wastes and sewage shall be disposed of in a sanitary manner without contaminating a water supply. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.
κ1969 Statutes of Nevada, Page 810 (CHAPTER 458, SB 417)κ
Sec. 38. NRS 446.835 is hereby amended to read as follows:
446.835 Effective measures shall be taken to protect each food [service] establishment against the entrance into the establishment, or the breeding or presence on the premises, of vermin.
Sec. 39. NRS 446.850 is hereby amended to read as follows:
446.850 All rooms in which food is prepared or served or utensils are washed, dressing rooms, locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Ventilation shall be provided to maintain comfortable working conditions. Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces [.] and to remove smoke, vapors and odors. Filters, where used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable state and local fire-prevention requirements and shall, when vented to the outside air, discharge in such a manner as not to create a nuisance.
Sec. 40. NRS 446.855 is hereby amended to read as follows:
446.855 Adequate facilities shall be provided for the orderly storage of [employees] the clothing and personal belongings [.] of food handlers. Where [employees] food handlers routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage and serving areas, and the utensil-washing and storage areas, but where approved by the health authority, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean.
Sec. 41. NRS 446.860 is hereby amended to read as follows:
446.860 All parts of the establishment and its premises shall be kept neat, clean and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. None of the operations connected with a food [service] establishment may be conducted in any room used as living or sleeping quarters [.] and beds or bedding shall not be kept in the food establishment except in a restroom designed specifically for that purpose. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct of food [service] establishment operations, except that guide dogs accompanying blind persons may be permitted in dining areas.
Sec. 42. NRS 446.865 is hereby amended to read as follows:
446.865 A temporary food [service] establishment shall comply with all the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter which are applicable to its operation. The health authority may:
1. Augment such requirements when needed to assure the service of safe food.
2. Prohibit the sale of certain potentially hazardous food.
3. Modify specific requirements for physical facilities when in his opinion no imminent health hazard will result.
Sec. 43. NRS 446.870 is hereby amended to read as follows:
446.870 It is unlawful for any person to operate a food [service] establishment who does not possess a valid permit issued to him by the health authority.
κ1969 Statutes of Nevada, Page 811 (CHAPTER 458, SB 417)κ
establishment who does not possess a valid permit issued to him by the health authority. Only a person who complies with the requirements of [NRS 446.645 to 446.945, inclusive,] this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable from person to person or from place to place. A valid permit shall be posted in every food [service] establishment. Permits for temporary food [service] establishments shall be issued for a period of time not to exceed 14 days.
Sec. 44. NRS 446.875 is hereby amended to read as follows:
446.875 1. Any person desiring to operate a food [service] establishment shall make written application for a permit on forms provided by the health authority. Such application shall include:
(a) The applicants full name and post office address.
(b) A statement whether such applicant is an individual, firm or corporation, and, if a partnership, the names of the partners, together with their addresses.
(c) A statement of the location and type of the proposed food service establishment.
(d) The signature of the applicant or applicants.
2. An application for a permit to operate a temporary food [service] establishment shall also include the inclusive dates of the proposed operation.
3. Upon receipt of such application, the health authority shall make an inspection of the food [service] establishment to determine compliance with the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter. When inspection reveals that the applicable requirements of [NRS 446.645 to 446.945, inclusive,] this chapter have been met, a permit shall be issued to the applicant by the health authority.
Sec. 45. NRS 446.880 is hereby amended to read as follows:
446.880 1. Permits issued under the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of [NRS 446.645 to 446.945, inclusive.] this chapter.
2. Whenever a permitholder or operator has failed to comply with any notice issued under the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter, the permitholder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended, or the establishment downgraded, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health authority by the permitholder.
3. Notwithstanding any other provision of [NRS 446.645 to 446.945, inclusive,] this chapter, whenever the health authority finds insanitary or other conditions in the operation of a food [service] establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing issue a written notice to the permitholder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. Such order may state that the permit is immediately suspended, and all food [service] operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith. Upon written petition to the health authority, such person shall be afforded a hearing as soon as possible.
κ1969 Statutes of Nevada, Page 812 (CHAPTER 458, SB 417)κ
4. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a reinspection. If the applicant is complying with the requirements of [NRS 446.645 to 446.945, inclusive,] this chapter, the permit shall be reinstated.
5. For serious or repeated violations of any of the requirements of [NRS 446.645 to 446.945, inclusive,] this chapter or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Prior to such action, the health authority shall notify the permitholder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of 5 days following service of such notice, unless a request for a hearing is filed with the health authority by the permitholder within such 5-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
6. The hearings provided for in this section shall be conducted by the health authority at a time and place designated by him. Based upon the record of such hearing, the health authority shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permitholder by the health authority.
Sec. 46. NRS 446.885 is hereby amended to read as follows:
446.885 1. At least once every year, the health authority shall inspect each food [service] establishment located in this state.
2. He shall make as many additional inspections and reinspections as are necessary for the enforcement of [NRS 446.645 to 446.945, inclusive.] this chapter.
3. It is unlawful for any person to interfere with the health authority in the performance of his duties.
Sec. 47. NRS 446.890 is hereby amended to read as follows:
446.890 1. The health authority, after proper identification, shall be permitted to enter, at any reasonable time, any food [service] establishment within the state for the purpose of making any inspection to determine compliance with [NRS 446.645 to 446.945, inclusive.] this chapter. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.
2. Whenever the health authority makes an inspection of a food [service] establishment, he shall record his findings on an inspection report form provided for this purpose. The health authority shall furnish the original of such inspection report form to the permitholder or operator. Such form shall summarize the requirements of [NRS 446.645 to 446.945, inclusive,] this chapter, and shall set forth demerit point values for each such requirement, in accordance with PHS Form 4006. Upon completion of an inspection, the health authority shall total the demerit point values for all requirements in violation, such total becoming the demerit score for the establishment.
κ1969 Statutes of Nevada, Page 813 (CHAPTER 458, SB 417)κ
Sec. 48. NRS 446.895 is hereby amended to read as follows:
446.895 Whenever the health authority makes an inspection of a food [service] establishment and discovers that any of the requirements of [NRS 446.645 to 446.945, inclusive,] this chapter have been violated, he shall notify the permitholder or operator of such violations by means of an inspection report form or other written notice. Such notice shall:
1. Set forth the specific violations found, together with the demerit score of the establishment.
2. Establish a specific and reasonable period of time for the correction of the violations found, in accordance with the following provisions:
(a) If the demerit score of the establishment is 20 or less, all violations of two or four demerit points must be corrected by the time of the next routine inspection.
(b) If the demerit score of the establishment is more than 20 but not more than 40, all items of two or four demerit points must be corrected within a period of time not to exceed 30 days.
(c) If one or more six-demerit point items are in violation, regardless of demerit score, such items must be corrected within a period of time not to exceed 10 days.
(d) If the demerit score of the establishment is more than 40, the permit is immediately suspended.
(e) In the case of temporary food [service] establishments, violations must be corrected within a specified period of time not to exceed 24 hours. Failure to comply with such notice shall result in immediate suspension of the permit.
3. State that failure to comply with the requirements of any notice issued in accordance with the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter may result in immediate suspension of the permitor in downgrading of the establishment.
4. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health authority within the period of time established in the notice for correction.
Sec. 49. NRS 446.905 is hereby amended to read as follows:
446.905 Every food [service] establishment in the state shall display, in a place designated by the health authority, a placard approved by the health authority stating the grade received at the time of the most recent inspection of the establishment, but temporary food [service] establishments shall not be subject to grading.
Sec. 50. NRS 446.910 is hereby amended to read as follows:
446.910 1. Grades of establishments shall be as follows:
(a) Grade A. An establishment having a demerit score of not more than 10.
(b) Grade B. An establishment having a demerit score of more than 10 but not more than 20.
(c) Grade C. An establishment having a demerit score of more than 20 but not more than 40.
2. A food establishment which has received Grade C may, in accordance with the provisions of subsection 3 of NRS 446.080, be closed.
3. Notwithstanding the grade criteria established in subsection 1, whenever a second consecutive violation of any item of two or four demerit points is discovered, the permit for such establishment may be suspended, or in lieu thereof, the establishment shall be downgraded to the next lower grade.
κ1969 Statutes of Nevada, Page 814 (CHAPTER 458, SB 417)κ
demerit points is discovered, the permit for such establishment may be suspended, or in lieu thereof, the establishment shall be downgraded to the next lower grade.
[3.] 4. Immediately following each inspection, the health authority shall post the appropriate grade based upon the inspection findings, and shall issue an appropriate notice in accordance with the provisions of NRS 446.895.
Sec. 51. NRS 446.920 is hereby amended to read as follows:
446.920 1. Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines is or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded.
2. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority. Neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the health authority, except by order of a court of competent jurisdiction.
3. After the owner or person in charge has had a hearing as provided for in NRS 466.895, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within 10 days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of [NRS 446.645 to 446.945, inclusive.] this chapter. Such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days.
Sec. 52. NRS 446.925 is hereby amended to read as follows:
446.925 Food from food [service] establishments outside the jurisdiction of the health authority of the State of Nevada may be sold within the State of Nevada if such food [service] establishments conform to the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health authority may accept reports from responsible authorities in the jurisdictions where such food [service] establishments are located.
Sec. 53. NRS 446.930 is hereby amended to read as follows:
446.930 If, after April 18, 1963, a food [service] establishment is constructed or extensively remodeled, or if an existing structure is converted for use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or alteration showing layout, arrangement and construction materials of work areas and the location, size and type of fixed equipment and facilities shall be submitted to the health authority for approval before such work is begun. Where full-time city, county or district health departments exist, such plans and specifications shall be submitted to such health authorities for approval before such work is begun.
κ1969 Statutes of Nevada, Page 815 (CHAPTER 458, SB 417)κ
specifications shall be submitted to such health authorities for approval before such work is begun.
Sec. 54. NRS 446.935 is hereby amended to read as follows:
446.935 1. When the health authority has reasonable cause to suspect the possibility of disease transmission from any [employee] food handler of a food [service] establishment, the health authority shall secure a morbidity history of the suspected [employee,] food handler, or make such other investigation as may be indicated, and take appropriate action.
2. The health authority may require any or all of the following measures:
(a) The immediate exclusion of the [employee] food handler from all food [service] establishments.
(b) The immediate closure of the food [service] establishment concerned until, in the opinion of the health authority, no further danger of disease outbreak exists.
(c) Restriction of the [employees] food handlers services to some area of the establishment where there would be no danger of transmitting disease.
(d) Adequate medical and laboratory examinations of the [employee,] food handler, of other [employees,] food handlers, and of his and their body discharges.
Sec. 55. NRS 446.940 is hereby amended to read as follows:
446.940 [NRS 446.645 to 446.945, inclusive,] 1. This chapter shall be enforced by the health authority in accordance with the interpretations thereof contained in the compliance provisions of regulations, hereby authorized to be adopted by the state board of health, detailing the requirements of [NRS 446.645 to 446.945, inclusive.] this chapter.
2. All sheriffs, constables, policemen, marshals and other peace officers shall render such services and assistance to the health authority in regard to enforcement as he may request.
Sec. 56. NRS 446.945 is hereby amended to read as follows:
446.945 Any person who violates any of the provisions of [NRS 446.645 to 446.945, inclusive,] this chapter is guilty of a misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.
Sec. 57. Chapter 446 is hereby amended by adding thereto the provisions set forth as sections 58 to 77, inclusive, of this act.
Sec. 58. Adulterated means the condition of a food if:
1. It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health.
2. It bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established.
3. It consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption.
4. It has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
κ1969 Statutes of Nevada, Page 816 (CHAPTER 458, SB 417)κ
5. It is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter.
6. Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
Sec. 59. Approved means acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice.
Sec. 60. Closed means fitted together snugly, leaving no openings large enough to permit the entrance of vermin.
Sec. 61. Corrosion-resistant material means a material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds and sanitizing solutions which may contact it.
Sec. 62. Easily cleanable means readily accessible, of such material and finish, and so fabricated, that residue may be completely removed by normal cleaning methods.
Sec. 63. Equipment means all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steamtables and similar items, other than utensils, used in the operation of a food establishment.
Sec. 64. Food contact surfaces means surfaces of equipment and utensils with which food normally comes in contact, and the surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
Sec. 65. Food processing establishment means a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
Sec. 66. Kitchenware means all multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.
Sec. 67. Misbranded means the presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading or which violates any applicable state or local labeling requirements.
Sec. 68. Perishable food means any food of such type or in such condition as may spoil.
Sec. 69. Potentially hazardous food means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
Sec. 70. Safe temperatures, as applied to potentially hazardous food, means temperatures of 45° F. or below, and 140° F. or above.
Sec. 71. Sanitize means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying microorganisms, including pathogens.
Sec. 72. Sealed means free of cracks or other openings which permit the entry or passage of moisture.
Sec. 73. Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping material and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.
κ1969 Statutes of Nevada, Page 817 (CHAPTER 458, SB 417)κ
wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.
Sec. 74. Tableware means all multiuse eating and drinking utensils, including knives, forks and spoons.
Sec. 75. Temporary food establishment means any food establishment which operates at a fixed location for a temporary period of time, not to exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, celebration or similar transitory gathering.
Sec. 76. Utensil means any tableware and kitchenware used in the storage, preparation, conveying or serving of food.
Sec. 77. Wholesome means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
Sec. 78. NRS 446.080, 446.090, 446.100, 446.120, 446.130, 446.140, 446.150, 446.160, 446.170, 446.180, 446.210, 446.220, 446.230, 446.240, 446.250, 446.260, 446.270, 446.280, 446.290, 446.300, 446.310, 446.320, 446.330, 446.340, 446.350, 446.360, 446.370, 446.380, 446.390, 446.430, 446.470, 446.490, 446.510, 446.540, 446.630, 446.645, 446.650, 446.655, 446.660, 446.665, 446.670, 446.675, 446.680, 446.685, 446.690, 446.695, 446.700, 446.705, 446.710, 446.715, 446.720, 446.725, 446.730, 446.735, 446.740, 446.745, 446.750, 446.755, 446.760, 446.765 and 446.770 are hereby repealed.
Sec. 79. This act shall become effective upon passage and approval.
________
Assembly Bill No. 406Messrs. Prince and Swallow
CHAPTER 459
AN ACT relating to general improvement districts; permitting compensation for the members of television maintenance district boards and additional compensation for members of certain other boards; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.085 is hereby amended to read as follows:
318.085 1. After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
κ1969 Statutes of Nevada, Page 818 (CHAPTER 459, AB 406)κ
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of such bond.
5. Except as otherwise provided in this subsection, no member of the board shall receive compensation for his services. Each member of the board of a district organized or reorganized pursuant to this chapter and authorized to exercise any of the basic powers provided in NRS 318.140, 318.142, [and] 318.144 and 318.1192 shall receive as compensation for his service a sum not in excess of [$600] $900 per year, payable monthly, but no member of such board shall receive any compensation as an employee of the district or otherwise, other than that herein provided.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 426Messrs. Roy Young and Glaser (By request)
CHAPTER 460
AN ACT to amend an act entitled An Act incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; providing that such charter shall become effective only if the original charter is repealed; and providing other matters properly relating thereto, approved April 13, 1965, as amended.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of Chapter II of the above-entitled act, being chapter 417, Statutes of Nevada 1965, at page 1098, is hereby amended to read as follows:
Section 9. Mayor and Supervisors, Salary of. The mayor of the city shall receive as remuneration for services as such a sum not to exceed [$2,400] $3,000 per annum. Each of the supervisors of the city shall receive as remuneration for services as such a sum not to exceed [$1,800] $2,400 per annum. Salaries of the mayor and each supervisor shall be payable in equal monthly installments.
________
κ1969 Statutes of Nevada, Page 819κ
Senate Bill No. 80Committee on Transportation
CHAPTER 461
AN ACT relating to vehicles; raising the fee for certain seals required on mobile homes and travel trailers; transferring trailer seal fees to the state highway fund; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 489.040 is hereby amended to read as follows:
489.040 A mobile home or travel trailer which bears a seal or other certification by another state that the plumbing, heating and electrical systems of such mobile home or travel trailer are installed in compliance with the applicable American Standard or its equivalent shall be deemed to meet the requirements of this state, and the director of the department of motor vehicles or person authorized by him shall issue a seal without an inspection of any type for a fee of [$2.] $3.
Sec. 2. NRS 489.050 is hereby amended to read as follows:
489.050 All fees collected pursuant to this chapter shall be paid over to the state treasurer for deposit in the [general fund.] state highway fund.
________
Senate Bill No. 141Committee on Commerce
CHAPTER 462
AN ACT relating to the seal of the State of Nevada; prohibiting the use of the state seal with intent to mislead or defraud; providing a penalty; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 235.010 is hereby amended to read as follows:
235.010 1. There shall be a seal of the State of Nevada called The Great Seal of the State of Nevada, the design of which shall be as follows: In the foreground, there shall be two large mountains, at the base of which, on the right, there shall be located a quartz mill, and on the left a tunnel, penetrating the silver leads of the mountain, with a miner running out a carload of ore, and a team loaded with ore for the mill. Immediately in the foreground, there shall be emblems indicative of the agricultural resources of the state, as follows: A plow, a sheaf and sickle. In the middle ground, there shall be a railroad train passing a mountain gorge and a telegraph line extending along the line of the railroad. In the extreme background, there shall be a range of snow-clad mountains, with the rising sun in the east. Thirty-six stars and the motto of our state, All for Our Country, shall encircle the whole group. In an outer circle, the words The Great Seal of the State of Nevada shall be engraved with Nevada at the base of the seal and separated from the other words by two groups of three stars each.
κ1969 Statutes of Nevada, Page 820 (CHAPTER 462, SB 141)κ
Nevada at the base of the seal and separated from the other words by two groups of three stars each.
2. The size of the seal shall not be more than 2 3/4 inches in diameter.
3. The seal shall be kept by the governor and used by him officially. The secretary of state shall have access to the seal at all times, and may use it in verification of all his official acts.
4. Every person who maliciously or [for commercial purposes] with intent to mislead or defraud uses, or allows to be used, any reproduction or facsimile of the great seal of the State of Nevada, in any manner whatsoever, shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 180Senator Swobe
CHAPTER 463
AN ACT relating to elections; authorizing the counting of absent ballots after a certain hour on election day; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.385 is hereby amended to read as follows:
293.385 1. [On] After 3 p.m. on election day, the absent ballot central counting board, if any, shall: [withdraw]
(a) Withdraw all the ballots from absent voters ballot boxes and ascertain that each box has the required number of ballots according to the county clerks absent voters ballot record [.
2. The absent ballot central counting board shall count] ; and
(b) Count votes in the same manner as election boards.
2. If any absent ballots are received by the county clerk on election day, pursuant to NRS 293.316, the county clerk shall hold such ballots until 3 p.m. After 3 p.m., the county clerk shall deposit such absent ballots in the appropriate ballot boxes, and then the absent ballot board shall count such votes in the manner prescribed in subsection 1.
3. The result of the absent ballot vote in each precinct or district shall be certified and submitted to the county clerk, who shall have such results added to the precinct or district regular votes.
4. The results of such tally shall not be revealed until after the polls are closed. Any person who reveals the full or partial results of absent balloting prior to the close of the polls is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 821κ
Senate Bill No. 277Committee on Finance
CHAPTER 464
AN ACT relating to state buildings and grounds administration; deleting the requirement that moneys paid by state agencies for rental of spaces into the buildings and grounds operating fund revert on June 30 to such agencies in proportion to their respective contributions.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.102 is hereby amended to read as follows:
331.102 1. The superintendent shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of NRS 331.010 to 331.150, inclusive.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per square foot of rentable area of carrying out the functions of the buildings and grounds division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of NRS 331.010 to 331.150, inclusive, of such cost.
2. Each department, agency and institution, occupying space in state-owned buildings maintained by the buildings and grounds division, shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted square foot of rentable area, as determined by the superintendent, multiplied by the number of rentable square feet occupied by each department, agency or institution.
3. Except as provided in subsection [5,] 4, on July 1 of each year each department, agency or institution shall pay to the superintendent for deposit in the buildings and grounds operating fund the amount of money appropriated to or authorized for such department, agency or institution for building space rental costs pursuant to its budget.
4. [All moneys remaining in the buildings and grounds operating fund on June 30 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.
5.] Any state department, agency or institution may pay building space rental costs required by subsection 3 on a date or dates other than July 1, if compliance with federal law or regulation so requires.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 822κ
Senate Bill No. 346Committee on State Institutions
CHAPTER 465
AN ACT relating to the Nevada state childrens home; authorizing a savings account; providing for biennial reports of the superintendent; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 423 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The superintendent may establish a savings account with a bank or a savings and loan association authorized to do business in this state. The superintendent may place in such account moneys which were not appropriated by the State of Nevada but which are held for the benefit of the children in the Nevada state childrens home.
Sec. 2. NRS 423.100 is hereby amended to read as follows:
423.100 The superintendent shall:
1. Make [an annual report] a biennial report to the director of the condition, operation and function of the Nevada state childrens home.
2. Make reports to the state welfare board.
Sec. 3. NRS 423.240 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 352Committee on Finance
CHAPTER 466
AN ACT relating to the state permanent school fund; requiring the state controller to make certain reports concerning the state permanent school fund; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 355.060 is hereby amended to read as follows:
355.060 1. Quarterly, until July 1, 1970, the state controller shall notify the state board of finance of the amount of uninvested money in the state permanent school fund. On and after July 1, 1970, the state controller shall notify the state board of finance monthly of the amount of uninvested money in the state permanent school fund.
2. Whenever there is a sufficient amount of money for investment in the state permanent school fund, the board shall proceed to negotiate for the investment of the same in:
(a) United States bonds; or
(b) Bonds issued under the authority of the United States; or
(c) Bonds of this state or of other states; or
κ1969 Statutes of Nevada, Page 823 (CHAPTER 466, SB 352)κ
(d) Bonds of any county of the State of Nevada; or
(e) Farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture; or
(f) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.
Sec. 2. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
On and after July 1, 1970, the state controller shall, each quarter, prepare a complete financial report of the state permanent school fund. A copy of this report shall be submitted to the state board of finance and to the fiscal and auditing division of the legislative counsel bureau.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 433Committee on Judiciary
CHAPTER 467
AN ACT relating to mechanics liens; repealing provisions relating to mechanics liens in effect prior to July 1, 1965; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.240 is hereby amended to read as follows:
108.240 1. All foundrymen, boilermakers and all persons performing labor, or furnishing machinery, boilers, castings or other materials for the construction, repairing or carrying on of any mill, manufactory or hoisting works, shall have a lien on such mill, manufactory or hoisting works for such work or labor done, or such machinery, boiler, castings or other material furnished by each, respectively.
2. All the provisions of [NRS 108.010 to 108.220, inclusive, or] NRS 108.221 to 108.2394, inclusive, as determined by the date of performance, respecting the mode of recording, securing and enforcing the liens of contractors, subcontractors, journeymen, laborers and others shall be applicable to the provisions of this section.
3. The word superstructure, wherever it occurs in [NRS 108.010 to 108.220, inclusive, and] NRS 108.221 to 108.2394, inclusive, shall be applicable to the provisions of this section.
Sec. 2. NRS 608.050 is hereby amended to read as follows:
608.050 1. Whenever an employer of labor shall discharge or lay off his or its employees without first paying them the amount of any wages or salary then due them, in cash and lawful money of the United States, or its equivalent, or shall fail, or refuse on demand, to pay them in like money, or its equivalent, the amount of any wages or salary at the time the same becomes due and owing to them under their contract of employment, whether employed by the hour, day, week or month, each of his or its employees may charge and collect wages in the sum agreed upon in the contract of employment for each day his employer is in default, until he is paid in full, without rendering any service therefor; but he shall cease to draw such wages or salary 30 days after such default.
κ1969 Statutes of Nevada, Page 824 (CHAPTER 467, SB 433)κ
its employees may charge and collect wages in the sum agreed upon in the contract of employment for each day his employer is in default, until he is paid in full, without rendering any service therefor; but he shall cease to draw such wages or salary 30 days after such default.
2. Every employee shall have a lien as provided in [NRS 108.010 to 108.220, inclusive, or] NRS 108.221 to 108.2394, inclusive, and all other rights and remedies for the protection and enforcement of such salary or wages as he would have been entitled to had he rendered services therefor in the manner as last employed.
Sec. 3. NRS 108.005, 108.010, 108.020, 108.030, 108.040, 108.050, 108.060, 108.070, 108.080, 180.090, 108.100, 108.110, 108.120, 108.130, 108.140, 108.150, 108.160, 108.170, 108.180, 108.190, 108.200, 108.210 and 108.220 are hereby repealed.
Sec. 4. Any action relating to any work which has been done or any materials which have been commenced to be furnished prior to July 1, 1965, shall be governed by the provisions of former NRS 108.005 to 108.220, inclusive, as though such provisions had not been repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 442Senator Dodge
CHAPTER 468
AN ACT relating to state gaming license fees; placing quarterly fees based upon gross revenue on an advance payment basis; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.370 is hereby amended to read as follows:
463.370 1. 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:
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.
κ1969 Statutes of Nevada, Page 825 (CHAPTER 468, SB 442)κ
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.] Thereafter, each quarterly license fee shall be paid in advance based on the gross revenue of the preceding quarter. Any deposit held by the commission on the effective date of this act shall be treated as such advance payment.
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.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Senate Bill No. 471Committee on Finance
CHAPTER 469
AN ACT making a supplemental appropriation from the general fund in the state treasury to the Title XIX fund for the fiscal year ending June 30, 1969.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1969, there is hereby appropriated from the general fund in the state treasury to the Title XIX fund the sum of $794,441 as an additional and supplemental appropriation to those allowed and made by:
1. Section 30 of Chapter 441, Statutes of Nevada 1967;
2. Chapter 11, Statutes of Nevada 1968; and
3. Section 1 of Senate Bill No. 93 of the 55th session of the Nevada legislature.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 826κ
Senate Bill No. 489Senator Titlow
CHAPTER 470
AN ACT to amend an act entitled An Act to authorize and empower the board of county commissioners, county of Mineral, State of Nevada, to create a Mineral county courthouse construction fund, levy tax therefor and effect transfer of certain county funds in connection therewith, approved March 21, 1953.
[Approved April 18, 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 185, Statutes of Nevada 1953, at page 216, is hereby amended to read as follows:
Section 2. The county commissioners of Mineral county are hereby authorized and directed to order transferred to the Mineral county courthouse construction fund the following fund balances, namely: the general emergency loan fund in the amount of $648.67, the old-age emergency loan fund in the amount of $258.20, the indigent emergency loan fund in the amount of $4,161.22, and the emergency relief fund in the amount of $57.87 (it appearing that said emergency funds, as such, are serving no useful purpose in the fiscal affairs of the county), together with interest on all Mineral county funds on deposit in any bank or banks, or invested in government bonds. The auditor and county treasurer of Mineral county are directed to do all acts necessary to effectuate the purposes of this act. The county commissioners of Mineral county may transfer to the Mineral county courthouse construction fund the proceeds of a sale or lease of any public utility located in Mineral county, the moneys in any reserve fund which has been established for a public utility if such moneys are no longer needed for the purpose of the public utility because the public utility has been sold or leased and, in the manner provided by the Local Government Budget Act, moneys from any other fund which the county commissioners deem appropriate for such transfer.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 494Senator Monroe
CHAPTER 471
AN ACT relating to the City of Elko; permitting the board of supervisors to divert funds from the Kittredge Canyon Project to park and recreation projects; and providing other matters properly relating thereto.
[Approved April 18, 1969]
Whereas, The City of Elko, by Emergency Ordinance No. 170, adopted on September 13, 1966, authorized the issuance and sale of City of Elko, Nevada, General Obligation Improvement Bonds, Series August 1, 1966, in the principal amount of $200,000; and
Whereas, Pursuant to the emergency ordinance, $175,000 of the principal amount was designated for Project No.
κ1969 Statutes of Nevada, Page 827 (CHAPTER 471, SB 494)κ
principal amount was designated for Project No. 2 for the purpose of establishing, constructing, purchasing, otherwise acquiring, equipping, furnishing and maintaining places, structures, areas and other facilities used for community recreation, within or without the city, including without limitation playgrounds, playing fields or courts, beaches, camps and recreation grounds and including without limitation personal property, real property, lands, improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith; and
Whereas, At the time the emergency ordinance was passed, the City of Elko planned to expand the funds designated for Project No. 2 in the construction, acquiring and establishing of the Kittredge Canyon Dam and for acquiring, equipping, furnishing and maintaining places, structures, areas and other facilities used for community recreation at the location of the proposed dam; and
Whereas, Current cost estimates, resulting from increasing costs and necessary changes in the design of the dam, indicate that there may be insufficient funds to proceed with the Kittredge Canyon Project, and that the benefits that could be derived from the completion of that project may be disproportionate to the increased costs; and
Whereas, The City of Elko is in need of other recreation facilities which are unrelated to the Kittredge Canyon Project; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The City of Elko, through its board of supervisors, may expend the funds derived from the sale of bonds in the principal sum of $175,000, together with accrued income thereon, pursuant to Emergency Ordinance No. 170 and designated for Project No. 2, for all purposes stated in Emergency Ordinance No. 170, and may divert the use of funds from the proposed Kittredge Canyon Project to such other purposes.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 730Messrs. Reid and Bryan
CHAPTER 472
AN ACT relating to county officers and employees; providing for the establishment of a merit personnel system in counties of a certain population; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. In each county having a population of 120,000 or more, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall establish a merit personnel system for all employees of the county except those exempted under the provisions of sections 2 to 5, inclusive, of this act.
κ1969 Statutes of Nevada, Page 828 (CHAPTER 472, AB 730)κ
county commissioners shall establish a merit personnel system for all employees of the county except those exempted under the provisions of sections 2 to 5, inclusive, of this act.
Sec. 3. The board of county commissioners shall administer the provisions of sections 2 to 5, inclusive, of this act through the promulgation of appropriate rules and regulations and the employment of clerical and administrative staff.
Sec. 4. The board of county commissioners shall develop rules and regulations of any merit personnel system established pursuant to the provisions of sections 2 to 5, inclusive, of this act. Such rules and regulations shall provide for:
1. The classification of all county positions, not exempt from the merit personnel system, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whatsoever whenever warranted by changed circumstances.
2. A pay plan for all county employees, including exempt employees other than elected officers that are covered in other provisions of NRS or by special legislative act.
3. Policies and procedures for regulating reduction in force and the removal of employees.
4. Hours of work, attendance regulations and provisions for sick and vacation leave.
5. Policies and procedures governing persons holding temporary or provisional appointments.
6. Policies and procedures governing relationships with employees and employee organizations.
7. Policies concerning employee training and development.
8. Grievance procedures whereby:
(a) An employee other than a department head, county manager or county administrator who has been employed by the county for 12 months or more and is dismissed from employment may, within 15 days of dismissal, request a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement, the dismissed employee may, in writing, request a public hearing before a grievance board appointed by the board of county commissioners to consist of two persons appointed from the department where the employee is employed and three persons appointed from other departments in the county.
(b) The employee may appeal the decisions of the grievance board to the board of county commissioners.
(c) Formal rules of evidence will not be followed.
9. Other policies and procedures necessary for the administration of a merit personnel system.
Sec. 5. There shall be exempted from the provisions of sections 2 to 4, inclusive, of this act:
1. All department heads appointed and elected and the county administrator of the county.
2. A number of employees in each department excluding the department head as designated by the department head, which shall not exceed 3 percent of the permanently established positions as authorized by the board of county commissioners.
κ1969 Statutes of Nevada, Page 829 (CHAPTER 472, AB 730)κ
3 percent of the permanently established positions as authorized by the board of county commissioners.
3. All persons holding temporary or provisional appointments, the duration of which does not exceed 6 months.
Sec. 6. NRS 245.065 is hereby amended to read as follows:
245.065 1. When an employee of a county other than a department head, county manager or county administrator who has been employed by the county for 12 or more months is dismissed from employment he may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for such dismissal. Within 15 days of the date of such request he shall be furnished such a written statement. Within 30 days after receipt of such written statement, the dismissed employee may, in writing, request a public hearing before the board of county commissioners to determine the reasonableness of such action. The board of county commissioners shall grant the dismissed employee a public hearing within 15 days after receipt of the written request. At the public hearing, technical rules of evidence shall not apply.
2. Boards of county commissioners are authorized to enact ordinances necessary to make effective the purposes of this section.
3. The provisions of this section do not apply in counties having a population of 120,000 or more, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 232Messrs. Reid and Bryan
CHAPTER 473
AN ACT relating to collection agencies; providing for additional requirements and regulatory measures for collection agencies; providing for managers certificates; providing for registration of certain employees; adding grounds for disciplinary action; providing penalties; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 34, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.010 to 649.040, inclusive, and sections 3 to 5, inclusive, of this act have the meanings ascribed to them in NRS 649.010 to 649.040, inclusive, and sections 3 to 5, inclusive, of this act.
Sec. 3. Community means a contiguous area of the same economic unit or metropolitan area as determined by the superintendent, and may include all or a part of an incorporated city or several towns or cities.
Sec. 4. Manager means the person who is most responsible for the management, operation and administration of a collection agency.
κ1969 Statutes of Nevada, Page 830 (CHAPTER 473, AB 232)κ
Sec. 5. Superintendent means the superintendent of banks.
Sec. 6. The legislature finds and declares that:
1. There exists in this state a need for more stringent regulatory control over collection agencies to assure that they are composed only of responsible and well qualified personnel and to promote the convenience and advantage of the community in which licensed collection agencies are to be located.
2. It is the purpose of this chapter to:
(a) Bring licensed collection agencies and their personnel under more stringent public supervision;
(b) Establish a system of regulation for the purpose of insuring that persons using the services of a collection agency are properly represented;
(c) Discourage improper and abusive collection methods; and
(d) Insure adequate, efficient and competitive collection agencies for each communitys convenience.
Sec. 7. Except for the period provided in section 34 of this act, no collection agency may operate its business without a manager who holds a valid managers certificate issued under the provisions of this chapter.
Sec. 8. The superintendent shall administer and enforce the provisions of this chapter, subject to the administrative supervision of the director of the department of commerce.
Sec. 9. (Deleted by amendment.)
Sec. 10. The superintendent shall:
1. Adopt such rules and regulations as may be necessary to carry out the provisions of this chapter.
2. Make such surveys as may be necessary to determine the necessity and conditions for new or additional collection agencies in any community and use such surveys as a basis for making appropriate decisions on applications for collection agency licenses.
Sec. 11. The superintendent may:
1. By rule or regulation prescribe for collection agencies the method and manner of:
(a) Keeping records.
(b) Preparing and filing financial and other reports.
(c) Handling trust funds and accounts.
(d) The transfer or assignment of accounts and other agreements.
(e) Using fair practices for the solicitation of business and collection of accounts.
(f) The operation of such other phases of the business as may be necessary to promote the best interests of the industry and the public.
2. Conduct such investigations or examinations of collection agencies, their personnel, activities, books, records and other matters as may be necessary to insure compliance with the purposes and provisions of this chapter.
Sec. 12. The superintendent may require collection agencies to submit any printed form of agreements, listing sheets, acknowledgments, communications or other documents used in its business for his approval or disapproval.
Sec. 13. Upon receiving an application for a license and bond in proper form along with payment of the required investigation fee, the superintendent shall investigate all the facts stated in the application and the requirements of section 14 of this act.
κ1969 Statutes of Nevada, Page 831 (CHAPTER 473, AB 232)κ
superintendent shall investigate all the facts stated in the application and the requirements of section 14 of this act.
Sec. 14. The superintendent shall enter an order approving the application for a license, keep on file his findings of fact pertaining thereto, and permit the applicant to take the required examination, if he finds that:
1. The applicant has met all the other requirements of this chapter pertaining to his qualifications and application; and
2. Allowing the applicant to engage in the collection agency business will promote the convenience and advantage of the community in which the business is to be located.
Sec. 15. 1. If the superintendent finds that any application or applicant for a collection agency license does not meet the requirements of section 14 of this act or the applicant fails to pass the required examination, he shall enter an order denying the application.
2. Within 10 days after the entry of such an order, the superintendent shall mail or deliver to the applicant written notice of the denial in which all the reasons for such denial are stated.
Sec. 16. Except for the period provided in section 34 of this act, no person may be the manager of a collection agency unless he holds a valid managers certificate issued pursuant to the provisions of this chapter.
Sec. 17. Each person who is, or desires to become, the manager of a collection agency shall make application for a mangers certificate to the superintendent in accordance with the provisions of this chapter.
Sec. 18. 1. Except as otherwise provided for in section 21 of this act, each applicant for a managers certificate shall:
(a) Be a citizen of the United States.
(b) Be 21 years of age.
(c) Be of good moral character and not have been convicted of any crime involving moral turpitude.
(d) Not have committed any of the acts specified in section 20 of this act.
(e) Have had not less than 2 years full-time experience in the collection of assigned accounts of which at least 1 year is within the 18-month period preceding the date of filing the application.
(f) Pass the examination provided for.
(g) Pay the required fees.
(h) Submit three recent photographs and three sets of fingerprints in such form as the superintendent prescribes.
2. The superintendent may refuse to issue a managers certificate without a hearing if the applicant does not meet the requirements of paragraphs (a), (b), or (e) to (h), inclusive, of subsection 1.
3. If the superintendent refuses to issue a managers certificate under this section, he shall notify the applicant in writing by certified mail stating the reasons for such refusal.
Sec. 19. 1. The superintendent shall provide for managers examinations at such times and places as he may direct, at least twice each year.
2. Such examinations shall be of a length, scope and character which the superintendent deems reasonably necessary to determine the fitness of the applicants to act as managers of collection agencies.
3. The superintendent may make such rules and regulations as may be necessary to carry out the purposes of this section.
κ1969 Statutes of Nevada, Page 832 (CHAPTER 473, AB 232)κ
Sec. 20. The superintendent, after a hearing, may refuse to permit an applicant for a managers certificate to take the examination, or may suspend or revoke a managers certificate if the applicant or manager has:
1. Committed or done any act, which, if committed or done by a licensee, would be grounds for the suspension or revocation of a license.
2. Been refused a license, certificate or registration under this chapter or had a license, certificate or registration suspended or revoked.
3. Participated in any act, which act was a basis for the refusal or revocation of a collection agency license.
4. Falsified any of the information submitted to the superintendent in support of an application under this chapter.
5. Impersonated, or permitted or aided and abetted another to impersonate, a law enforcement officer or employee of the United States, a state or any political subdivision thereof.
6. Made any statement in connection with his employment with a collection agency with the intent to give an impression that he was a law enforcement officer of the United States, a state or political subdivision thereof.
7. Filed a voluntary petition in bankruptcy, or been the object of an involuntary petition, and has been adjudicated a bankrupt within 5 years preceding the filing of an application for granting renewal or reinstatement of a managers certificate.
Sec. 21. A collection agency license or managers certificate may be issued by the superintendent without the requirements of examination, education, citizenship, residency and examination and investigation fee, upon the filing of an application on or before September 30, 1969, if:
1. The applicant is and has been actively engaged in the collection agency business in this state, as an individual licensee, member of a licensed copartnership or manager of any other licensed collection agency, on the effective date of this act.
2. He is otherwise qualified.
Sec. 22. 1. The superintendent shall issue a managers certificate to any applicant who meets the requirements of this chapter for such certificate.
2. Each manager holding a managers certificate issued pursuant to this chapter shall notify the superintendent in writing of any change in his residence address within 10 days after such change.
Sec. 23. Every collection agency shall dismiss from employment any registrable employee who:
1. Does not register with the superintendent in accordance with sections 24 and 25 of this act.
2. Has his registration suspended or revoked.
Sec. 24. 1. Except as provided in subsection 2, every person:
(a) Who is in the employ of a licensed collection agency on the effective date of this act shall register with the superintendent in the manner prescribed in section 25 of this act and within the time prescribed in section 34 of this act.
(b) Who enters the employ of a licensed collection agency after the effective date of this act shall, within 30 days after employment, register with the superintendent in the manner prescribed in section 25 of this act.
κ1969 Statutes of Nevada, Page 833 (CHAPTER 473, AB 232)κ
2. The provisions of this section do not apply to:
(a) Managers who hold a managers certificate issued under this chapter.
(b) Employees who are engaged exclusively in stenographic, typing, filing or other clerical activities and who are not responsible for handling money or making contact with the public.
Sec. 25. Each employee of a licensed collection agency required to register shall file with the superintendent, on a form prescribed by him, a verified application for registration along with the required fee. The application shall include:
1. The employees full name, residence address, residence telephone number, date and place of birth and social security number.
2. Whether the employee has ever used an alias and, if so, a statement or description of the alias used and an explanation thereof, or of any other name used by the employee.
3. The name and address of the employees employer and the date of employment.
4. The employees position, described by title, if any, and a description of his duties.
5. Three recent photographs and three sets of fingerprints in such form as the superintendent prescribes.
6. Such other information, evidence, statements or documents as may by rule or regulation be prescribed by the superintendent.
Sec. 26. The superintendent, after a hearing, may refuse to register an employee or may suspend or revoke an employees registration if he has committed any act or acts enumerated in section 20 of this act.
Sec. 27. (Deleted by amendment.)
Sec. 28. 1. The superintendent shall notify all applicants for licensure, certification or registration of the results of any examination taken under this chapter, by certified mail, as soon as the results are available.
2. All examination papers shall be kept on file in the office of the superintendent for at least 1 year, after which they may be destroyed.
Sec. 29. A collection agency licensed under this chapter shall not:
1. Operate under a business name which is identical or similar to that of another collection agency licensed under this chapter.
2. Use any name or printed forms which may mislead or confuse the public.
3. Use the term credit bureau in its name unless it operates a bona fide credit bureau in conjunction with its collection agency business. For purposes of this subsection credit bureau means any person engaged in gathering, recording and disseminating information relative to the creditworthiness, financial responsibility, paying habits or character of persons being considered for credit extension, for prospective creditors.
Sec. 30. A collection agency, or its manager agents or employees, shall not:
1. Use any device, subterfuge, pretense or deceptive means or representations to collect any debt, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.
2. Collect or attempt to collect any interest, charge, fee or expense incidental to the principal obligation unless any such interest as authorized by law has been added to the principal of the debt by the collection agency immediately upon receipt of such item of collection and described as such in the first communication had with the debtor for satisfaction of the total obligation then owed and outstanding, or unless such interest, charge, fee or expense have thereafter been judicially determined as proper and legally due from and chargeable against the debtor.
κ1969 Statutes of Nevada, Page 834 (CHAPTER 473, AB 232)κ
by law has been added to the principal of the debt by the collection agency immediately upon receipt of such item of collection and described as such in the first communication had with the debtor for satisfaction of the total obligation then owed and outstanding, or unless such interest, charge, fee or expense have thereafter been judicially determined as proper and legally due from and chargeable against the debtor.
3. Assign or transfer any claim or account upon termination or abandonment of its collection business unless prior written consent by the customer is given for such assignment or transfer. Such written consent shall contain an agreement with the customer as to all terms and conditions of such assignment or transfer, including the name and address of the intended assignee. Prior written consent of the superintendent shall also be obtained for any such bulk assignment or transfer of claims or accounts, and any such assignment or transfer may be regulated and made subject to such limitations or conditions as the superintendent by rule or regulation may reasonably prescribe.
4. Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the superintendent.
5. Harass a debtors employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by rules or regulations adopted by the superintendent.
6. Advertise for sale or threaten to advertise for sale any claim as a means to enforce payment of the claim, unless acting under court order.
7. Publish or post, or cause to be published or posted, any list of debtors except for the benefit of its stockholders or membership in relation to its internal affairs.
8. Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service whereby a debtor assigns or turns over to the counselor or prorater any of his earnings or other funds for apportionment and payment of his debts or obligations.
Sec. 31. 1. Every collection agency shall keep all records concerning each of its accounts for at least 6 years following the completion of the last transaction concerning such account.
2. The superintendent shall inspect and conduct an examination of the books, records and accounts of each collection agency licensed under this chapter at least once every 3 years.
Sec. 32. 1. Each licensed collection agency shall file with the superintendent a semiannual written report, one in January and one in July, signed and sworn to by its manager. Such report shall include:
(a) The total sum of money due to all creditors as of the close of the last business day of the preceding month.
(b) The total sum on deposit in customer trust fund accounts and available for immediate distribution as of the close of the last business day of the preceding month, the title of the trust account or accounts, and the name of the bank or banks where the moneys are deposited.
(c) The total amount of creditors or forwarders share of moneys collected in excess of 60 days prior to the close of the last business day of the preceding month and not remitted by such date.
(d) When the total sum under paragraph (c) exceeds $10, the name of each creditor or forwarder and the respective share of each in such sum.
κ1969 Statutes of Nevada, Page 835 (CHAPTER 473, AB 232)κ
(e) Such other information, audit or reports as the superintendent may require.
2. The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agencys license or the managers certificate, or both.
Sec. 33. (Deleted by amendment.)
Sec. 34. Each collection agency holding an unexpired and unrevoked license on the effective date of this act, its manager and affected employees shall comply with all the provisions of this chapter within 45 days after the effective date of this act, unless that time is extended by the superintendent in writing or by administrative order as to any or all collection agencies, or be subject to the penalties prescribed by this chapter.
Sec. 35. NRS 649.010 is hereby amended to read as follows:
649.010 [As used in this chapter, claim] Claim means any obligation for the payment of money or its equivalent arising in the usual course of any business or professional occupation.
Sec. 36. NRS 649.020 is hereby amended to read as follows:
649.020 1. [As used in this chapter, collection agency] Collection agency means and includes all persons engaging, directly or indirectly, and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or asserted to be owed or due to another.
2. Collection agency does not include any of the following unless they are conducting collection agencies:
(a) Individuals regularly employed on a regular wage or salary, in the capacity of credit men or in other similar capacity upon the staff of employees of any person not engaged in the business of a collection agency [.] or making or attempting to make collections as an incident to the usual practices of their primary business or profession.
(b) Banks.
(c) Nonprofit cooperative associations.
(d) Abstract companies doing an escrow business.
(e) Duly licensed real estate agents.
(f) Attorneys and counselors at law licensed to practice in this state, so long as they are retained by their clients to collect or to solicit or obtain payment of such clients claims in the usual course of the practice of their profession.
Sec. 37. NRS 649.025 is hereby amended to read as follows:
649.025 [As used in this chapter, collection agent] Collection agent means any person, whether or not regularly employed at a regular wage or salary, who in the capacity of a credit man or in any other similar capacity makes a collection, solicitation or investigation of a claim at a place or location other than the business premises of the collection agency, but does not include:
1. Employees of a collection agency whose activities and duties are restricted to the business premises of the collection agency.
2. The individuals, corporations and associations enumerated in subsection 2 of NRS 649.020.
Sec. 38. NRS 649.030 is hereby amended to read as follows:
649.030 [As used in this chapter, customer] Customer means any person authorizing or employing a collection agency for any of the purposes permitted or authorized by this chapter.
κ1969 Statutes of Nevada, Page 836 (CHAPTER 473, AB 232)κ
any person authorizing or employing a collection agency for any of the purposes permitted or authorized by this chapter.
Sec. 39. NRS 649.040 is hereby amended to read as follows:
649.040 [As used in this chapter, person] Person includes an individual, firm, corporation or voluntary association.
Sec. 40. NRS 649.050 is hereby amended to read as follows:
649.050 [No person shall] A person shall not conduct within this state a collection agency or engage within this state in the business of collecting claims for others, or of soliciting the right to collect or receive payment for another of any claim, or advertise, or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim, or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained a license [.] from the superintendent.
Sec. 41. NRS 649.055 is hereby amended to read as follows:
649.055 Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent shall:
1. Be a citizen of the United States.
2. Be at least 21 years of age.
3. Be of good moral character and not have been convicted of any crime involving moral turpitude.
4. Not have had a collection agency license revoked. [, or have been managing partner, managing director or trustee of any licensee at the time of the revocation of the license of such licensee for improper collection methods or tactics, or have been discharged by a licensee for improper collection methods or tactics.]
Sec. 42. NRS 649.060 is hereby amended to read as follows:
649.060 1. Application for a license shall be made in writing to and filed with the superintendent [of banks of the State of Nevada] on a form provided for that purpose.
2. The application shall state:
(a) The name of the applicant together with the name under which the applicant does business or expects to do business.
(b) The full business address and residence, including street and number.
(c) The character of the business sought to be carried on.
(d) The locations by street and number where the same is intended to be transacted.
(e) In the case of a firm or partnership, the full names and residence addresses of all members or partners [. If none of the members or partners are to have direct and continuous control and charge of the business operations,] and the name and residence address of the manager. [or person directly in charge of the business indicated on the application.]
(f) In the case of a corporation or voluntary association, the name and residence address of each of the directors and officers, as well as the name and residence address of the manager. [or person directly in charge and control of the business if such person is not a director or officer.]
3. The application shall be subscribed by the applicant and duly acknowledged as required for deeds to be recorded.
κ1969 Statutes of Nevada, Page 837 (CHAPTER 473, AB 232)κ
4. Every application for a license under this chapter shall be accompanied by a fee of $100 to cover costs of examination and investigation.
5. Every applicant may be examined concerning his competency, experience, character and qualifications by the superintendent of banks or his authorized agent, and if such examination reveals that the applicant lacks any of the enumerated qualifications, issuance of the license may be denied. Every application shall have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.
Sec. 43. NRS 649.090 is hereby amended to read as follows:
649.090 1. [Upon receiving and filing the application and bond, and upon payment of the investigation fee required by subsection 4 of NRS 649.060, the superintendent of banks shall immediately commence investigation of the applicant. If the applicant and the application are approved, upon payment of the license fee required by NRS 649.110, the superintendent of banks] If the superintendent enters an order approving the application in accordance with section 14 of this act and the applicant passes the required examination and pays the required license fee, the superintendent shall grant and issue a license to the applicant.
2. The license, when issued, shall state:
(a) The name of the licensee.
(b) The locations by street and number where the licensee is authorized to carry on business.
(c) The number and the date of the license.
(d) That it is issued pursuant to this chapter, and that the licensee is duly authorized under this chapter.
Sec. 44. NRS 649.110 is hereby amended to read as follows:
649.110 1. [Before an applicant shall be entitled to receive an original license he shall pay a fee of $100 to the superintendent of banks.
2. For each renewal license the licensee shall pay a fee of $50 to the superintendent of banks.
3.] A nonrefundable investigation fee of $100 shall accompany each new application for a collection agency license.
2. A fee of $100 shall be charged for each collection agency license issued and $50 for each annual renewal of such license.
3. A fee of $10 shall be charged for each duplicate or location transfer license issued.
4. A nonrefundable investigation fee of $75 shall accompany each applicant for a managers certificate unless the applicant is the holder of or an applicant for a collection agency license.
5. A fee of $20 shall be charged for each managers certificate issued and for each annual renewal of such certificate.
6. A fee of $30 shall be charged for the reinstatement of a managers certificate.
7. A registration fee of $10 shall accompany each application for the registration of an employee of a collection agency.
8. A fee of $5 shall be charged for each day an application for the renewal of a license or certificate, or a required report is filed late, unless such fee or portion thereof is excused by the superintendent for good cause shown.
9. For each examination the superintendent shall charge and collect from the licensee a fee of $7.50 for each man hour expended in conducting the examination and in preparing and typing the examination report, but the total fee shall not exceed $300 for any regular examination or investigation unless some irregularity is disclosed during the course of such regular examination warranting special or additional investigation or examination.
κ1969 Statutes of Nevada, Page 838 (CHAPTER 473, AB 232)κ
from the licensee a fee of $7.50 for each man hour expended in conducting the examination and in preparing and typing the examination report, but the total fee shall not exceed $300 for any regular examination or investigation unless some irregularity is disclosed during the course of such regular examination warranting special or additional investigation or examination. If such irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of such irregularity at the rate of $7.50 for each man hour so required.
10. All moneys received by the superintendent [of banks] under this chapter shall be turned into the state treasury to constitute a fund from which the expenses of carrying out the provisions of this chapter shall first be defrayed. Annually, any balance remaining shall go into the general fund of the state.
Sec. 45. NRS 649.120 is hereby amended to read as follows:
649.120 Each license and certificate issued under this chapter must be framed in a suitable frame under glass and hung in a conspicuous place upon the walls of the place of business [therein designated.] designated in the license or certificate.
Sec. 46. NRS 649.130 is hereby amended to read as follows:
649.130 [The license shall not be transferable and shall be effectual until July 1 next ensuing the date thereof, unless previously revoked.] Each collection agency license and managers certificate issued pursuant to this chapter shall expire on June 30 of the year following its issuance and thereafter shall expire on June 30 of each year. A license or certificate shall not be transferable.
Sec. 47. NRS 649.140 is hereby amended to read as follows:
649.140 1. [Upon removal from any location as stated in the license, the licensee shall, within 5 days thereafter, deposit the license and written notification of the removal with the superintendent of banks.
2. The superintendent of banks shall note the removal upon the face of the license, and shall enter in his records in an appropriate place therefor a notation of such removal, and shall thereupon return the license.] A collection agency shall not remove its business location from the place of business as stated in the license except upon prior approval by the superintendent in writing.
2. In approving or disapproving the removal to a new location the superintendent shall apply the standard specified in subsection 2 of section 14 of this act.
3. If the removal is approved, the superintendent shall note the change upon the face of the license and enter in his records a notation of such location change.
Sec. 48. NRS 649.150 is hereby amended to read as follows:
649.150 1. A [licensee] collection agency or manager desiring a renewal of a license or certificate which will expire shall file in the office of the superintendent, [of banks,] on or before June 1 in each year [,] following the year of original issuance, a renewal application, stating in addition to the matters required in the original application [,] the date and number of the license or certificate which will expire. The renewal application shall be accompanied by the renewal fee.
2. The superintendent [of banks] shall issue a renewal license or certificate to the applicant, which shall be dated July 1 next ensuing the date of the application, in form and text like the original [license,] except that, in addition, [to the facts therein set forth,] the renewal [license] shall show the date and number of the earliest license [issued to the licensee,] or certificate issued, and shall bear across its face in conspicuous letters the word Renewal.
κ1969 Statutes of Nevada, Page 839 (CHAPTER 473, AB 232)κ
of the application, in form and text like the original [license,] except that, in addition, [to the facts therein set forth,] the renewal [license] shall show the date and number of the earliest license [issued to the licensee,] or certificate issued, and shall bear across its face in conspicuous letters the word Renewal.
3. All requirements of this chapter with respect to original certificates, licenses and bonds apply with like force to all renewal certificates, licenses and bonds except as otherwise specified in this section.
4. The superintendent [of banks] shall refuse to renew a certificate or license if at the time of application a proceeding to revoke [the licensees] or suspend the certificate or license is pending. [pursuant to the provisions of NRS 649.180.]
Sec. 49. NRS 649.160 is hereby amended to read as follows:
649.160 1. Upon the filing with the superintendent [of banks] of a verified complaint against any [licensee,] collection agency, manager or registered employee, the superintendent [of banks] shall send a copy of the complaint to the [licensee] accused and a copy to the attorney general.
2. [The superintendent of banks shall have the power to require that the licensee file a verified answer to the complaint within 10 days after notice to the licensee. The superintendent of banks may, upon proper cause shown, extend the time for filing a verified answer for a period not exceeding 60 days.
3. Should the verified answer when filed be deemed insufficient by the superintendent of banks, or should the charges not have been withdrawn, and should the complaint contain allegations of fraud, the superintendent of banks, or one or more inspectors appointed by him and attached to his office, shall have the power to inspect the books, papers and records of the licensee and to take any action under any provision of this chapter which the result of such inspection may indicate to be appropriate.] The superintendent may require the accused collection agency, manager or registered employee to file a verified answer to the complaint within 10 days after service unless, for good cause shown, the superintendent extends such time for a period not to exceed 60 days.
3. After the verified answer is filed, the accused is entitled to be heard on the complaint at an informal hearing. If the complaint is not explained to the satisfaction of the superintendent, he may take such action against the accused as may be authorized by the provisions of this chapter.
Sec. 50. NRS 649.180 is hereby amended to read as follows:
649.180 1. The superintendent [of banks shall have power to revoke a license,] may suspend or revoke the license of a collection agency, by an order made in writing and filed in his office and served on the licensee by registered mail at the address shown in the records of the superintendent, [of banks,] if:
(a) The licensee [shall in any court of law be] is adjudged liable in any court of law for breach of any bond given under the provisions of this chapter; or
(b) After notice and hearing, the licensee [shall be] is found guilty of:
(1) Fraud or misrepresentation; or
(2) An act or omission inconsistent with the faithful discharge of his duties and obligations; or
κ1969 Statutes of Nevada, Page 840 (CHAPTER 473, AB 232)κ
(3) A violation of any provision of this chapter.
2. Upon revocation of his license, all rights of the licensee under this chapter shall forthwith terminate, and no application shall be received from any person whose license has once been revoked.
Sec. 51. NRS 649.190 is hereby amended to read as follows:
649.190 [The determination of the superintendent of banks revoking any license shall be] Any order or decision made or issued under the provisions of this chapter by the superintendent is subject to review by writ of certiorari within 30 days after the date [of filing the order of revocation.] the order or decision issues.
Sec. 52. NRS 649.195 is hereby amended to read as follows:
649.195 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
2. Every licensee shall at all times maintain a separate bank account in which shall be deposited all moneys collected. Such account shall bear some title sufficient to distinguish it from the licensees personal or general checking account and to designate it as a trust account, such as customers trust fund account. Such trust account shall at all times contain sufficient funds to pay all money due or owing to all customers, and no disbursement may be made from such account except to customers or to pay costs advanced for such customers, except that a licensee may periodically withdraw from such account such moneys as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.
3. Every licensee maintaining a separate custodial or trust account shall keep a record of all funds deposited in such account, which record shall indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and shall show clearly for whose account the money is deposited and to whom the money belongs. All such moneys shall be remitted to the creditors respectively entitled thereto [on or before the 10th day of the month following the calendar month] within 30 days following the end of the month in which payment is received. All such records and moneys shall be subject to inspection by the superintendent [of banks] or his authorized representative.
4. Any disclosed shortage in trust accounts shall be made up by the licensee within 5 days after the superintendent gives written notice to do so. If the licensee fails or refuses to make up the shortage within the time required, the superintendent may do any one or more of the following, as may be warranted under the circumstances:
(a) Issue a cease and desist order prohibiting the licensee from accepting or collecting on any new claims or accounts.
(b) Suspend the licensees license, pending a hearing and determination of the case.
(c) Compel the licensee to file within 48 hours of demand an additional bond in such form and amount as the superintendent deems necessary to cover the shortage.
(d) Institute custodial, conservatorship, receivership or liquidation proceedings.
κ1969 Statutes of Nevada, Page 841 (CHAPTER 473, AB 232)κ
Sec. 53. NRS 649.200 is hereby amended to read as follows:
649.200 1. The superintendent [of banks] shall keep in his office, in a suitable record provided for the purpose, all applications for certificates, registrations, licenses and all bonds required to be filed under this chapter. The record shall state [whether or not a license has been issued under the application and bond, and, if revoked, the date of filing the order of revocation.
2. In the record all licenses issued shall be indicated by their serial numbers as well as by the name and address of the licensee.
3. This section applies to the renewal applications and renewal licenses which shall be entered in the record in their proper order like original applications and licenses, except that, with respect to them, the record shall show in addition the word Renewal, with the number of the last preceding license granted to the same licensee.
4. The] the date of issuance or denial of the license, certificate or registration and the date and nature of any action taken against any of them.
2. All licenses, certificates and registrations issued shall be sufficiently identified in the record.
3. All renewals shall be recorded in the same manner as originals, except that in addition, the word Renewal and the number of the preceding license or certificate issued shall be recorded.
4. Except for confidential information contained therein, the record shall be open for inspection as a public record in the office of the superintendent. [of banks.]
Sec. 54. NRS 649.210 is hereby amended to read as follows:
649.210 [In addition to any other penalty, any person, firm, corporation or voluntary association, or any officer or director of any such corporation or voluntary association, carrying on the business specified in this chapter without first having obtained a license from the superintendent of banks, or who shall carry on such business after the revocation or expiration of any license so obtained, shall be guilty of a misdemeanor.] Any person who violates any provision of this chapter is guilty of a misdemeanor. Each day a person operates a collection agency in violation of the provisions of this chapter is a separate violation under this section.
Sec. 55. NRS 649.170 is hereby repealed.
Sec. 56. This act shall become effective upon passage and approval.
________
Assembly Bill No. 349Mr. Torvinen
CHAPTER 474
AN ACT relating to enforcement of judgments and decrees; revising provisions relating to exemptions from executions; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as herein otherwise specifically provided:
κ1969 Statutes of Nevada, Page 842 (CHAPTER 474, AB 349)κ
(a) [Chairs, tables, desks and books. Chairs, tables, desks and books to the value of $200, belonging to the judgment debtor.
(b) Necessary household furniture and wearing apparel. Necessary household, table and kitchen furniture belonging to the judgment debtor, including one sewing machine, stove, stovepipe and furniture, wearing apparel, beds, bedding and bedsteads, hanging pictures, oil paintings and drawings drawn or painted by any member of the family, and the family portraits and their necessary frames, provisions and fuel actually provided for individual or family use sufficient for 3 months, and 3 cows and their suckling calves, 4 hogs with their suckling pigs, and food for such cows and hogs for 1 month; also, 1 piano, 1 shotgun and 1 rifle.
(c) Farming utensils or implements of husbandry. The farming utensils or implements of husbandry of the judgment debtor, not exceeding in value the sum of $1,000; also, 2 oxen, or 2 horses, or 2 mules, and their harness, 1 cart or buggy and 2 wagons, and food for such oxen, horses or mules for 1 month; also, all seed, grain or vegetables actually provided, reserved or on hand for the purpose of planting or sowing at any time within the ensuing 6 months, not exceeding in value the sum of $200; and 75 beehives, 1 horse and vehicle belonging to any person who is maimed or crippled, when the same is necessary in his business.
(d) Tools, implements, furniture, books used in gaining livelihood. The tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal, records and office furniture of a notary public; the instruments and chests of a surgeon, physician, surveyor or dentist necessary to the exercise of their profession, with their professional libraries and necessary office furniture; the professional libraries of attorneys, judges, ministers of the gospel, editors, school teachers and music teachers and professional musicians and their necessary office furniture including 1 safe and 1 typewriter; also the musical instruments of music teachers actually used by them in giving instructions, and musical instruments of professional musicians, and all indices, abstracts, books, papers, maps and office furniture of a searcher of records necessary to be used in his profession; also the typewriters or other mechanical contrivances employed for writing in type actually used by the owner thereof for making his living; also 1 bicycle when such bicycle is used by its owner and is necessary for the purpose of carrying on his regular business.
(e) Miners claim, equipment and animals. The cabin or dwelling of a miner or prospector, not exceeding in value the sum of $500; also, his sluices, pipes, hose, windlass, whim, derrick, cars, pumps, tools, implements and appliances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of $500; and 2 horses, mules, asses or oxen with their harness, and food for such horses, mules, asses or oxen for 1 month, when necessary for use by him in working any mining claim or in prospecting for minerals, or when necessary to be used on any whim, windlass, derrick, car, pump or hoisting gear; and also his mining claim actually worked by him, not exceeding in value the sum of $1,000.
(f) Animals and motor vehicles as means of travel. Two horses, 2 oxen or 2 mules, and their harness, with food for such oxen, horses or mules for 1 month, and 1 cart or wagon, 1 dray or truck, 1 coupe, 1 hack or carriage for 1 or 2 horses, or 1 motor vehicle, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns his living; and 1 horse, with vehicle and harness or other equipments, or 1 motor car not exceeding in value $1,000, used by a physician, surgeon, constable or minister of the gospel in the legitimate practice of his profession or business.
κ1969 Statutes of Nevada, Page 843 (CHAPTER 474, AB 349)κ
other laborer habitually earns his living; and 1 horse, with vehicle and harness or other equipments, or 1 motor car not exceeding in value $1,000, used by a physician, surgeon, constable or minister of the gospel in the legitimate practice of his profession or business.
(g) Poultry. Poultry not exceeding in value $75.
(h) Earnings of judgment debtor. The earnings of the judgment debtor for his personal services rendered at any time within 30 days next preceding the levy of execution or attachment, when it appears, by the debtors affidavit or otherwise, that such earnings are necessary for the use of his family residing in this state, supported in whole or in part by his labor; but where debts are incurred by any such person, or his wife or family, for the common necessaries of life, or have been incurred at a time when the debtor had no family residing in this state, supported in whole or in part by his labor, the one-half of such earnings above mentioned in nevertheless subject to execution, garnishment or attachment to safety debts so incurred.
(i) Fire companies. All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(j) Arms, uniforms and accouterments. All arms, uniforms and accouterments required by law to be kept by any person, and also 1 gun, to be selected by the debtor.
(k) Public property. All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state.
(l) Building materials. All material not exceeding $1,000 in value, purchased in good faith for use in the construction, alteration or repair of any building, mining claim or other improvement, as long as in good faith the same is about to be applied to the construction, alteration or repair of such building, mining claim or other improvement.
(m) Machinery, tools and implements used in constructing wells. All machinery, tools and implements necessary in and for boring, sinking, putting down and constructing surface or artesian wells; also the engines necessary for operating such machinery, implements and tools; also all trucks necessary for the transportation of such machinery, tools, implements and engines; but the value of all the articles exempted under this paragraph shall not exceed $1,000.
(n) Life insurance benefits. All moneys, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.
κ1969 Statutes of Nevada, Page 844 (CHAPTER 474, AB 349)κ
(o) Homestead. The homestead as provided for by law.
(p) Dwelling. The dwelling of the judgment debtor occupied as a home for himself and family, where the dwelling is situate upon lands not owned by him.] Private libraries not to exceed $500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $1,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment supplies and seed not to exceed $1,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office equipment and supplies not to exceed $1,500 in value, and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $1,500 in value.
(e) The cabin or dwelling of a miner or prospector, not to exceed $500 in value; also, his cars, implements and appliances necessary for carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.
(f) One vehicle not exceeding in value $1,000, if such vehicle is necessarily used by the judgment debtor in his occupation or profession.
(g) Poultry not exceeding in value $75.
(h) For any pay period, 25 percent of the disposable earnings of a judgment debtor during such period, or the amount by which his disposable earnings for such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is less. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(i) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(j) All arms, uniforms and accouterments required by law to be kept by any person, and also 1 gun, to be selected by the debtor.
(k) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state.
(l) All moneys, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.
κ1969 Statutes of Nevada, Page 845 (CHAPTER 474, AB 349)κ
does not exceed $500, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.
(m) The homestead as provided for by law.
(n) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $10,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
________
Assembly Bill No. 725Committee on Judiciary
CHAPTER 475
AN ACT relating to commencement of actions; providing for personal service of process outside the state; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 14 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Personal service of summons upon a party outside this state is sufficient to confer upon a court of this state jurisdiction of the person of the party so served if:
(a) Such service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this state; and
(b) Such party has submitted himself to the jurisdiction of the courts of this state in a manner provided by this section.
2. Any person who, in person or through an agent or instrumentality, does any of the acts enumerated in this subsection thereby submits himself and, if an individual, his personal representative to the jurisdiction of the courts of this state as to any cause of action which arises from the doing of such acts:
(a) Transacting any business or negotiating any commercial paper within this state;
(b) Committing a tortious act within this state;
(c) Owning, using or possessing any real property situated in this state;
(d) Contracting to insure any person, property or risk located within this state at the time of contracting; or
(e) Living in the marital relationship within this state notwithstanding subsequent departure from this state, as to all obligations arising for alimony, child support or property settlement, if the other party to the marital relationship continues to reside in this state.
κ1969 Statutes of Nevada, Page 846 (CHAPTER 475, AB 725)κ
3. Only causes of action arising from these enumerated acts may be asserted against a defendant in an action in which jurisdiction over him is based on this section.
4. The method of service provided in this section is cumulative, and may be utilized with, after or independently of other methods of service.
________
Senate Bill No. 299Committee on Judiciary
CHAPTER 476
AN ACT relating to witnesses; providing that certain personnel of news media need not disclose sources of information; and providing other matters properly relating thereto.
[Approved April 19, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No reporter or editorial employee of any newspaper, periodical, press association or radio or television station may be required to disclose the source of any information procured or obtained by such person, in any legal proceedings, trial or investigation:
1. Before any court, grand jury, coroners inquest, jury or any officer thereof.
2. Before the legislature or any committee thereof.
3. Before any department, agency or commission of the state.
4. Before any local governing body or committee thereof, or any officer of a local government.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 515Senator Pozzi
CHAPTER 477
AN ACT to amend an act entitled An Act relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto, approved April 1, 1969.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of the above-entitled act, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 10. Chapter 19 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1969 Statutes of Nevada, Page 847 (CHAPTER 477, SB 515)κ
The clerk of Carson City and ex officio clerk of the First Judicial District Court of the State of Nevada, in and for Carson City, shall charge and collect [fees as follows:
On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing the action or proceeding................................................................. $15.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.................................................................................................... 5.00
For every additional defendant appearing separately...... 5.00
For filing a complaint in intervention...................................................... 5.00
The foregoing fees shall be in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.
For all services after the judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment......................................... 2.50
For filing notice and undertaking and all services, including indexing, on appeal to the supreme court............................................................................. 3.50
For entering judgment by confession..................................................... 3.00
For filing remittitur from the supreme court........................................... 1.00
For recording judgment entered thereon, per folio............ .20
For issuing execution or order of sale..................................................... 1.00
For copying the decree and return, per folio...................... .20
For services performed in an action transferred from the district court of any county................................................................................................ 10.00
For services performed in an action appealed from the justices court ............................................................................................................. 10.00
For transmission of files and papers on the granting of change of venue to the district court of any county or to the United States court, exclusive of express charge or postage.............................................................. 2.50
For services performed in proceedings to perpetuate testimony....... 1.00
For certificates for dismissal of appeal:
When prepared by the clerk.................................................. 2.50
When prepared and furnished by the attorney................. 1.00
For filing any paper in any case after judgment, not otherwise provided for ............................................................................................................. .25
For issuing a transcript of judgment, per folio...................................... .20
For taking and certifying depositions:
For each folio........................................................................... .20
For each days attendance.................................................... 4.00
For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $1,000 in value................................................. 5.00 For services in probate proceedings wherein a summary administration is ordered......................................... $15.00
κ1969 Statutes of Nevada, Page 848 (CHAPTER 477, SB 515)κ
For services in probate proceedings wherein a summary administration is ordered............................................................................................... $15.00
For services in probate proceedings wherein summary administration is not ordered............................................................................................... 25.00
For services in guardianship proceedings............................................. 15.00
For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petition to the appointment of an executor, administrator or guardian............................................... 5.00
2. The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:
For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio................................... $0.20
For each certificate of the clerk under the seal of the court................ .50
For filing and indexing articles of incorporation, or amendments thereto ............................................................................................................. 2.50
For filing acceptance by resident agent.............................. 1.00
For filing, indexing and registering certificates of copartnership....... 2.50
For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each............................................................................ 1.00
3. For all services not enumerated in this section, such fees as are now or may hereafter be fixed by law.
4. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.
5. The foregoing fees shall include the fees provided for and known as court fees in NRS 19.020.
6. The clerk shall, on or before the 5th day of each month, pay to the city treasurer the amount of all fees charged by the clerk during the preceding month.] the fees specified in chapter 194, Statutes of Nevada 1969.
Sec. 2. Section 82 of the above-entitled act, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 82. 1. NRS [19.240,] 243.320 and 251.060 are hereby repealed.
2. Upon the effective dates of section 2 of this act, the provisions of the charter of Carson City, being chapter 243, Statutes of Nevada 1875, as amended, which are respectively superseded shall by virtue of this act be repealed.
Sec. 3. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 849κ
Senate Bill No. 518Committee on Finance
CHAPTER 478
AN ACT authorizing and directing the conveyance of certain real property located in Washoe County from the state land register and the buildings and grounds division of the department of administration to the department of highways of the State of Nevada.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land register and the director of the department of administration, as successor to the former state department of buildings and grounds, are hereby authorized and directed to convey by a grant, bargain and sale deed to the department of highways of the State of Nevada for highway purposes and for a consideration of $101,550 that property owned by the State of Nevada and situated in the City of Reno, County of Washoe, State of Nevada, and more particularly described as follows:
A portion of lots I and II, Section 7, T. 19 N., R. 20 E., M.D.B. & M., consisting of four parcels and more fully described by metes and bounds as follows:
Parcel 428 A:
Beginning at the intersection of the left or western highway right-of-way line of U.S. 395 (North-South Freeway) with the right or southern highway right-of-way line of Kietzke Lane at a point 151.54 feet left of and measured radially from Highway Engineers Station U.S. 395 777 + 15.53 P.O.C.; such point further described as bearing S. 28°19′19″ E. a distance of 1,439.77 feet from the northwest corner of Section 7, T. 19 N., R. 20 E., M.D.B. & M.; thence from a tangent which bears N. 64°37′30″ E. curving to the right along such highway right-of-way line of Kietzke Lane with a radius of 1,125 feet through an angle of 17°07′09″ an arc distance of 336.13 feet to an intersection with the right or eastern highway right-of-way line of U.S. 395 (North-South Freeway), thence S. 40°05′52″ E. along such highway right-of-way line a distance of 171.51 feet to an intersection with the northern meander line of the Truckee River; thence S. 86°06′02″ W. along the meander line a distance of 380.54 feet to an intersection with the left or western highway right-of-way line of U.S. 395 (North-South Freeway); thence N. 40°28′52″ W. along the highway right-of-way line a distance of 79.15 feet to the point of beginning; the parcel contains an area of 41,266 square feet, more or less.
Parcel 428B:
Beginning at the intersection of the left or western highway right-of-way line of U.S. 395 (North-South Freeway) with the left or northern highway right-of-way line of Kietzke Lane at a point 163.00 feet left of and measured radially from Highway Engineers Station U.S. 395 778 + 35.79 P.O.C.; such point further described as bearing S.
κ1969 Statutes of Nevada, Page 850 (CHAPTER 478, SB 518)κ
bearing S. 27°08′13″ E. a distance of 1,313.93 feet from the northwest corner of Section 7, T. 19 N., R. 20 E., M.D.B. & M.; thence N. 29°11′16″ W. along such left or western highway right-of-way line a distance of 605.67 feet to an intersection with the right or southern railroad right-of-way line of the Southern Pacific Company; thence N. 80°00′32″ E. along such right or southern railroad right-of-way line a distance of 382.57 feet to an intersection with the right or eastern highway right-of-way line of U.S. 395 (North-South Freeway); thence S. 21°54′36″ E. along such highway right-of-way line a distance of 531.32 feet to an intersection with the right or northern highway right-of-way line of Kietzke Lane; thence from a tangent which bears S. 76°45′54″ W. curving to the left along the highway right-of-way line with a radius of 1,250 feet through an angle of 13°40′52″ an arc distance of 298.48 feet to the point of beginning; the parcel contains an area of 186,714 square feet, more or less.
Parcel 428 D
Beginning at the intersection of the left or westerly highway right-of-way line for U.S. 395 (North-South Freeway) with the right or southerly highway right-of-way line for Kietzke Lane, at a point 151.54 feet left of and measured radially from the U.S. 395 (North-South Freeway) centerline, at Highway Engineers Station U.S. 395 777 + 15.53 P.O.C.; such point of beginning further described as bearing S. 28°19′19″ E. a distance of 1,439.77 feet from the northwest corner of Section 7, T. 19 N., R. 20 E., M.D.B. & M.; thence S. 40°28′52″ E. along the westerly right-of-way line for U.S. 395 (North-South Freeway) a distance of 79.15 feet to an intersection with the northerly meander line for the Truckee River; thence S. 86°06′02″ W. along the meander line, a distance of 181.79 feet to an intersection with the right or southerly right-of-way line for Kietzke Land; thence from a tangent which bears N. 57°02′15″ E. curving to the right along the right-of-way line for Kietzke Lane, with a radius of 1,125.00 feet through an angle of 7°35′15″, an arc distance of 148.98 feet to the point of beginning; the parcel contains an area of 6,020 square feet, more or less.
Parcel 428 E
Beginning at the intersection of the left or western highway right-of-way line of U.S. 395 (North-South Freeway) with the right or southern highway right-of-way line of Kietzke Lane at a point 151.54 feet left of and measured radially from Highway Engineers Station U.S. 395 777 + 15.53 P.O.C.; such point further described as bearing S. 28°19′19″ E. a distance of 1,439.77 feet from the northwest corner of Section 7, T. 19 N., R. 20 E., M.D.B. & M.; thence N. 40°28′52″ W. along the left or western highway right-of-way line a distance of 129.00 feet to an intersection with the left or northern highway right-of-way line for Kietzke Lane; thence from a tangent which bears N. 63°05′02″ E. curving to the right along the left or northern highway right-of-way line with a radius of 1,250 feet through an angle of 13°40′52″ an arc distance of 298.48 feet to an intersection with the right or eastern highway right-of-way line for U.S.
κ1969 Statutes of Nevada, Page 851 (CHAPTER 478, SB 518)κ
line for U.S. 395 (North-South Freeway); thence S. 50°18′18″ E. along the right or eastern highway right-of-way line a distance of 161.98 feet to an intersection with the right or southern highway right-of-way line for Kietzke Lane; thence from a tangent which bears S. 81°44′39″ W. curving to the left along the right or southern highway right-of-way line with a radius of 1,125 feet through an angle of 17°07′09″ an arc distance of 336.13 feet to the point of beginning; the parcel contains an area of 39,652 square feet, more or less.
Together with any and all abutters rights, including access rights appurtenant to the adjacent remaining property of the grantor in and to Interstate Route 80 and FA 009-1.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 700Committee on Ways and Means
CHAPTER 479
AN ACT relating to public property; authorizing the Nevada building authority to construct an athletic field; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature hereby approves and declares to be in the public interest the construction of an athletic field by the Nevada building authority at a cost of not more than $100,000 on a site in Clark County to be provided by the board of regents of the University of Nevada. The board of regents shall make a suitable site available to the Nevada building authority on March 1, 1971.
Sec. 2. This act shall become effective upon passage and approval, or upon the effective date of Assembly Bill No. 149 of the 55th session of the Nevada legislature if enacted into law, whichever is later.
________
Senate Bill No. 76Committee on Transportation
CHAPTER 480
AN ACT relating to the private investigators licensing board; changing the chairman of such board from the chief of the Nevada highway patrol to the attorney general; providing for the reversion of a contingent fund account; removing state peace officers from jurisdiction of such board; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 648.020 is hereby amended to read as follows:
648.020 1. The board shall consist of five members, [one of whom shall be the chief officer of the Nevada highway patrol. The other four members] four of whom shall be appointed by the governor, and serve at his pleasure, as follows:
κ1969 Statutes of Nevada, Page 852 (CHAPTER 480, SB 76)κ
members] four of whom shall be appointed by the governor, and serve at his pleasure, as follows:
(a) One member shall be a private investigator.
(b) One member shall be a private patrolman.
(c) One member shall be a process server or a polygraph operator.
(d) One member shall be a repossessor.
2. The chairman of the board shall be the [chief officer of the Nevada highway patrol.] attorney general or a deputy attorney general designated by the attorney general to act in such capacity.
3. Members of the board shall receive per diem expenses and travel allowances as provided by law.
Sec. 2. NRS 648.040 is hereby amended to read as follows:
648.040 1. All receipts under this chapter shall be reported at the beginning of each month for the month preceding to the state controller. The entire amount received shall be paid into the state treasury to the credit of the private investigators contingent fund [.] account.
2. The fund account shall be used by the board for the administration of this chapter and to pay the expenses and salary of members and employees of the board.
3. Any balance remaining in such fund account at the end of a fiscal year shall revert to the general fund.
Sec. 3. NRS 648.190 is hereby amended to read as follows:
648.190 This chapter shall not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while any such officer is engaged in the performance of his official duties, or employed as a repossessor by any bank which is organized under the laws of this state or by a national bank which does a banking business in this state.
3. To insurance adjusters licensed pursuant to, or to associate adjusters as defined in, chapter 685 of NRS who are not otherwise engaged in the business of private investigators.
4. To any person employed as special agent, detective or private investigator for one employer exclusively in connection with the affairs of that employer.
5. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
6. To a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
7. To an attorney at law in performing his duties as such.
8. To a collection agency unless engaged in business as a repossessor, licensed by the superintendent of banks, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
κ1969 Statutes of Nevada, Page 853 (CHAPTER 480, SB 76)κ
9. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
________
Senate Bill No. 118Committee on Education
CHAPTER 481
AN ACT to amend NRS 391.313, relating to admonishment of teachers, by permitting a reasonable time for teacher improvement after admonishment; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.313 is hereby amended to read as follows:
391.313 Whenever a principal or other school administrator charged with supervision of a teacher finds it necessary to admonish a teacher for a reason that he believes may lead to dismissal or cause the teacher not to be reemployed, he shall:
1. Bring the matter to the attention of the teacher involved and make a reasonable effort to assist the teacher to correct whatever appears to be the cause for potential dismissal or failure to reemploy; and
2. Except as provided in NRS 391.314, allow [sufficient] reasonable time for improvement [.] , which shall not exceed 3 months.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 174Committee on Finance
CHAPTER 482
AN ACT relating to public employees retirement; increasing the amount allowed in the public employees retirement board revolving fund and authorizing payment of survivor benefits from such fund; establishing the date from which interest shall be charged on past contributions due; increasing the amount of authorized investment of funds and common stock; increasing benefits for certain members; authorizing an election by retiring employees regarding retirement contributions from their payment for accumulated leave; reallocating contributions made for survivor benefits and post-retirement increases; providing additional circumstances under which former servicemen may retain prior service credit in the system; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.250 is hereby amended to read as follows:
286.250 1. The public employees retirement board revolving fund is hereby created in the sum of [$500,000.] $750,000.
κ1969 Statutes of Nevada, Page 854 (CHAPTER 482, SB 174)κ
2. The public employees retirement board revolving fund shall be used by the board for the purpose of paying retirement and disability allowances, post-retirement allowances, survivor benefits under the provisions of NRS 286.671 and 286.6792, and authorized refunds to members of the system and for no other purpose.
3. All claims or demands paid by the board from the public employees retirement board revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state, and, when the claims have been approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the public employees retirement board revolving fund, to be paid to the order of the board, and the state treasurer shall pay the same.
4. The board is directed to deposit the public employees retirement board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.
5. All checks drawn upon the public employees retirement board revolving fund shall be signed by two persons designated by the board, and the persons so designated shall furnish such bond as shall be directed by the state board of examiners.
Sec. 2. NRS 286.300 is hereby amended to read as follows:
286.300 1. A person holding an elective office, if otherwise eligible, may become a member of the system only by giving the board written notice of his desire to do so within 30 days after he takes office, or, if he is not eligible to become a member of the system at the time he takes office, within 30 days after he becomes eligible.
2. If an elective or appointive officer did not or does not choose to become a member of the system in the manner provided in subsection 1, he shall not again be given an opportunity to participate in the system until the start of a new term of office or the expiration of 4 years or more, whichever occurs first, at which time, if he is in covered service, he may participate in the system upon notifying the board of his intention to do so. Such officer shall also notify the board whether or not he chooses to pay the amounts which he would have been required to pay in contribution and administrative charges had he previously been a member of the system. Should he choose to make such payments, the public employer by which he was previously employed shall make corresponding payments of employer contributions as required by NRS 286.450. Payment of past contributions by such officer shall be completed within 5 years. [with interest charged in the same manner as for previously withdrawn retirement contributions.] Retirement contributions due for any 1 year of incumbency, or fraction thereof, shall be charged interest as if such contributions had been withdrawn on the first day of the succeeding year. The public employer may elect to pay the amount due from the employer for such previous service in a lump sum at the beginning of payments by the employee or at the conclusion of payments by the employee. Such employer payments shall match the amount paid by the employee. Upon completion of such payments, the service represented thereby shall be credited toward retirement if consistent with the other provisions of this chapter.
κ1969 Statutes of Nevada, Page 855 (CHAPTER 482, SB 174)κ
Sec. 3. NRS 286.410 is hereby amended to read as follows:
286.410 1. Each employee who is a member of the system shall contribute 6 percent of the gross compensation earned by him after July 1, 1967, as a member of the system. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the 6 percent contribution [one-half] one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and [one-half] three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining 5 percent shall be regarded as contributed for all other purposes.
2. Where accumulated [annual] leave is paid an employee by one participating employer at the time of termination of services, and the employee enters into a subsequent participating employment prior to the expiration of his accumulated [annual] leave, retirement contributions shall be taken only from the greater salary for that period of time in which the new employment and accumulated [annual] leave period coincide.
3. Where accumulated leave is paid an employee who is retiring, the employee may elect to have retirement contributions deducted from such payment with credit toward retirement for the period of time represented by such payment, or he may elect to receive such payment without retirement deductions. If the retiring employee does not make retirement contributions upon such payment the employing agency shall not make retirement contributions thereon. An election of retirement contributions pursuant to this subsection can be made only when the retiring employee is entering immediately into retired status and will begin receiving retirement payments. In all other cases where an employee terminates his employment, except in case of death, retirement contributions shall be deducted from such payments.
4. Contract employees in the educational facilities of the state who assume employment with other participating employers during times already covered by their contracts shall not make contributions upon the additional employment. However, retirement contributions may be made upon the greater of the two incomes.
[4.] 5. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board.
[5.] 6. No portion of the contribution referred to in this section shall be used for administrative expenses.
Sec. 4. NRS 286.500 is hereby amended to read as follows:
286.500 1. Any employee of an employer participating in the system who enters the Armed Forces and who, within 1 year after being honorably discharged therefrom, [or] within 1 year after release from full-time active duty, or within 1 year after completing his education as a full-time student under the Servicemans Readjustment Act of 1944, if such education was commenced within 1 year after an honorable discharge or release from active duty, returns to the service of a participating public employer shall be entitled, subject to the limitations of this chapter and to the provisions hereinafter set forth, to credit for all his service to the participating public employer prior to his date of entry into the Armed Forces and to credit for all his service in the Armed Forces after September 15, 1940, as if he had been an employee of a participating public employer throughout his service in the Armed Forces after that date; provided:
κ1969 Statutes of Nevada, Page 856 (CHAPTER 482, SB 174)κ
from active duty, returns to the service of a participating public employer shall be entitled, subject to the limitations of this chapter and to the provisions hereinafter set forth, to credit for all his service to the participating public employer prior to his date of entry into the Armed Forces and to credit for all his service in the Armed Forces after September 15, 1940, as if he had been an employee of a participating public employer throughout his service in the Armed Forces after that date; provided:
(a) That service in the Armed Forces, to be credited as service to the employer, and service for retirement must have been performed during the periods of April 6, 1917, to November 11, 1918, inclusive, September 15, 1940, to December 31, 1946, inclusive, July 27, 1950, to January 31, 1955, inclusive, or [January 1, 1961,] August 4, 1964, to the date proclaimed by the President of the United States as the termination of hostilities in Vietnam.
(b) That service in the Armed Forces in the above-mentioned periods of time shall be credited for retirement only upon the conclusion of 5 years of contributing membership service with a participating public employer or employers following return from the Armed Forces.
(c) That if the position held by the employee at the time of entry into the Armed Forces shall have been abolished between the time of entry into and the time of return from service in the Armed Forces or if the employee shall have applied for reinstatement and was refused such reinstatement then such individual may be granted a period of 18 months prior to reentry into covered service in lieu of 1 year as required in this subsection.
2. No period of service in the Armed Forces, at any time, shall be regarded as an absence from employment which shall operate to nullify or cancel prior service to participating public employers when the member shall have entered the Armed Forces from employment with a participating public employer and returned to employment with a participating public employer within [1 year after discharge or release from full-time active duty] any of the periods specified in subsection 1 or within 18 months under the circumstances set forth in paragraph (c) of subsection 1.
Sec. 5. NRS 286.520 is hereby amended to read as follows:
286.520 1. Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada which participates in the system, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada which participates in the system, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.
κ1969 Statutes of Nevada, Page 857 (CHAPTER 482, SB 174)κ
2. Persons accepting or receiving the benefits of retirement compensation under this chapter may:
(a) Serve as legislators in this state or be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and [then] when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $2,400, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
3. Within 10 days after return to employment such person shall notify the board, in writing, of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
4. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.
5. Notwithstanding any other provisions of this section or chapter any retired person who is elected or appointed as a county commissioner [,] or city councilman [or legislator] may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices. The retirement allowance of any retired person serving as a state legislator will not be affected by such service.
Sec. 6. NRS 286.570 is hereby amended to read as follows:
286.570 1. Any person employed by the state or its political subdivisions who is a participating member of the system, who has been employed for a period of 25 or more continuous years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
2. Members with 20 or more years of service but with less than 25 years of service and who are more than 5 years from retirement age as specified elsewhere in this chapter may leave covered service and, upon attainment of retirement age, may receive an allowance which shall be reduced by 4 percent for each year [of absence from covered service in excess of 5 years between the date of attainment of 20 years of accredited service and attainment of required age, provided that the allowance shall not be less than 80 percent of formula benefits.] less than 25 years. Fractions of years shall be prorated. The reduced allowance shall not be less than 80 percent of formula benefits.
κ1969 Statutes of Nevada, Page 858 (CHAPTER 482, SB 174)κ
Sec. 7. NRS 286.780 is hereby amended to read as follows:
286.780 1. The board may invest and reinvest the moneys in its funds in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof, if:
(a) All the obligations and preferred stock, if any, of such institution are eligible as investments under NRS 286.680 to 286.800, inclusive; and
(b) Such institution has paid cash dividends for a period of 5 fiscal years next preceding the date of acquisition.
2. The board shall not invest more than 1 percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate of its investments under this section at cost exceed [10] 20 percent of its assets.
Sec. 8. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.
Sec. 9. The method of calculating the average monthly salary of a county commissioner or a councilman of an incorporated city prescribed in paragraph (a) of subsection 1 of NRS 286.470 shall be used in calculating the average monthly salary of persons serving as legislators prior to July 1, 1967, where such service has remained accredited under the provisions of this chapter.
Sec. 10. Beginning on the effective date of this act, each member who receives a retirement benefit under this chapter which is less than $300 per month and who had completed 30 years or more of credited service at the time of his retirement from the system shall have such benefit increased:
1. By 10 percent; or
2. To $300 per month,
whichever is lower.
Sec. 11. NRS 286.450 is hereby amended to read as follows:
286.450 1. Each public employer shall pay into the public employees retirement fund 6 percent of all gross compensation payable on or after July 1, 1967, at intervals prescribed by the board. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the 6 percent contribution [one-half] one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and [one-half] three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining 5 percent shall be regarded as contributed for all other purposes.
2. No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.
3. Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.
Sec. 12. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 859κ
Senate Bill No. 186Senator Pozzi
CHAPTER 483
AN ACT relating to salaries and compensation of employees of the State of Nevada in the classified service; appropriating moneys from the general fund and the state highway fund in the state treasury for the purpose of effecting pay grade adjustments for employees of the State of Nevada in the classified service; imposing certain duties on the chief of the personnel division of the department of administration and the state board of examiners; providing for the reversion of unexpended moneys; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. Except as otherwise provided in section 2 of this act, there is hereby appropriated from the general fund in the state treasury, for the fiscal periods from July 1, 1969, to June 30, 1970, and from July 1, 1970, to June 30, 1971, the sums of $921,000 and $921,000, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 55th session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on and after July 1, 1969.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. There is hereby appropriated from the state highway fund for the fiscal periods from July 1, 1969, to June 30, 1970, and from July 1, 1970, to June 30, 1971, the sums of $229,620 and $229,620, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles as fixed by the 55th session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles needed under an adjusted pay plan to become effective on and after July 1, 1969.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles under the adjusted pay plan.
κ1969 Statutes of Nevada, Page 860 (CHAPTER 483, SB 186)κ
Sec. 3. The balance of any moneys appropriated by sections 1 and 2 of this act for a specific fiscal year remaining unexpended at the end of such fiscal year shall revert to the fund from which such moneys were appropriated.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 406Committee on Commerce
CHAPTER 484
AN ACT relating to savings and loan associations; enlarging the conditions under which associations may make loans.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.328 is hereby amended to read as follows:
673.328 An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed 30 percent of the associations assets:
1. Loans in excess of $50,000, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding $50,000 to each home or combination of home and business property and residential property which is part of the security or one-fourth of 1 percent of the associations assets, whichever is the greater.
2. Loans on improved real property other than homes or combination homes and business property and residential property.
3. Loans on improved real property located outside the regular lending area of the association unless such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage loans, except construction loans.
5. Loans on one-family, owner-occupied homes, in an amount between 80 percent and 90 percent, inclusive, of the value, providing:
(a) Impounds are collected for taxes and insurance.
(b) The association has made or obtained, prior to the approval of the loan, a written report on the credit standing of the borrower, showing the financial ability of the borrower to undertake and pay off the obligation involved in the loan.
(c) The association has obtained, prior to approval of the loan, a certification in writing to the association stating:
(1) The purpose for which the loan is sought and, if for the purpose of enabling the borrower to purchase the security property, the name of the vendor or vendors, and the purchase price;
(2) That there will be no liens upon such property other than the lien of the association; and
κ1969 Statutes of Nevada, Page 861 (CHAPTER 484, SB 406)κ
(3) That the borrower is actually occupying the property as a dwelling or that the borrower in good faith intends to do so.
(d) If the loan is sought for the purpose of enabling a purchaser to acquire the security property, the loan must not exceed 90 percent of so much of the purchase price as does not exceed [$25,000] $35,000 plus 80 percent of so much of such purchase price as exceeds [$25,000,] $35,000, or not to exceed 90 percent of so much of the appraised value as does not exceed [$25,000] $35,000 plus 80 percent of so much of the appraised value as exceeds [$25,000,] $35,000, whichever is lowest.
(e) If the loan is sought for the purpose of enabling the borrower to refinance the property, the loan must not exceed 90 percent of so much of the appraised value as does not exceed [$25,000] $35,000 plus 80 percent of so much of the appraised value as exceeds [$25,000.] $35,000.
(f) If the loan is sought to finance the construction of a single-family dwelling, the amount of such loan as exceeds 80 percent of the appraised value shall not be disbursed until construction has been fully completed.
(g) The total loan does not exceed [$26,500.] $37,500.
(h) Loans granted under this chapter will be repayable monthly within 30 years.
(i) The record of each such loan shall show the date and amount of the appraisal on which the loan was made and the date of approval of the loan by the board of directors or the loan committee.
(j) That prior, written approval of the commission is obtained where the appraised value of the security property exceeds the amount of the purchase price therefor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 508Senator Swobe
CHAPTER 485
AN ACT relating to planning and zoning; authorizing counties or cities under certain circumstances to enact separate zoning and planning ordinances for specific parts of their territories.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Where parts of the territory of any county or city lie within the jurisdiction of different regional planning commissions or other planning authorities, the governing body of such county or city may enact a separate building, subdivision, zoning or similar ordinance for each such part of its territory.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 862κ
Senate Bill No. 482Senator Dodge
CHAPTER 486
AN ACT relating to cities incorporated under general law; authorizing city councils of such cities, after approval of the registered voters, to sell or lease city-owned electric light and power systems; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 266 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. Proceedings to sell or lease a city-owned electric light and power system may be instituted by the adoption of a resolution by the city council proposing to sell or lease the electric light and power system.
2. The resolution adopted pursuant to the provisions of subsection 1 shall:
(a) Call an election for submission of the question of the sale or lease of the electric light and power system;
(b) Designate whether the election shall be consolidated with the next primary or general city or state election, or shall be a special election which the city council is authorized to call; and
(c) Fix the date of the election.
Sec. 3. Upon the adoption of a resolution pursuant to section 2 of this act, the district court of the county shall appoint a qualified firm of licensed engineers to make a true and correct appraisement of the fair market value of the electric light and power system.
Sec. 4. If the resolution adopted proposes to lease the electric light and power system, the city council shall, after the return of the appraisement, negotiate with one or more qualified lessees. If such negotiations are successful, the city council shall submit the proposed lease for acceptance or rejection at the election. In any lease, the council shall require a bond for faithful performance by the lessee.
Sec. 5. When proceedings are instituted to sell or lease a city-owned electric light and power system, the city attorney shall draft the measure and an explanation thereof for submission to the registered voters.
Sec. 6. 1. If the question of the sale or lease of the city-owned electric light and power system is submitted at a city or state primary or general election, no notice or registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county clerk shall, at the expense of the city, cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation in the city, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
2. Except as provided in this subsection, the office of the county clerk shall be open for such a special election from 9 a.m. to 12 m. and from 1 p.m.
κ1969 Statutes of Nevada, Page 863 (CHAPTER 486, SB 482)κ
from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.
3. The office of the county clerk shall be opened for registration of voters for such special election from and including the 20th day next preceding such election and up to but excluding the 10th day next preceding such election and during regular office hours.
Sec. 7. 1. If the resolution adopted pursuant to paragraph (b) of subsection 2 of section 2 of this act calls a special election, the city clerk shall cause a notice of the election to be published in some newspaper printed in the county and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
2. The notice of the special election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) A statement of the question in substantially the same form as it will appear on the ballots.
Sec. 8. 1. The county clerk may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for each precinct in such number as he may determine, and shall fix their duties and compensation.
2. Any qualified elector who is properly registered shall be qualified to vote at the special election.
3. The costs of any special election shall be paid by the city.
Sec. 9. If the resolution adopted proposes to sell the electric light and power system, and a majority of the ballots cast favors such sale, the city council shall advertise the sale of such electric light and power system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation in the city. The notice shall require sealed bids, to be accompanied by a certified check for at least 5 percent of the sum bid for the purchase, to be deposited with the city clerk on or before the date stated in the notice. No bids shall be accepted by the city council for a sum less than the amount of the appraisement of the electric light and power system. The council may reject any and all bids.
Sec. 10. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 864κ
Senate Bill No. 147Committee on Finance
CHAPTER 487
AN ACT relating to state aid to the medically indigent; limiting the types of medically needy children eligible for assistance; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 428.270 is hereby amended to read as follows:
428.270 1. State aid to the medically indigent shall be in effect in all of the counties of the state for individuals specified in subsection 2.
2. Any individual is eligible for assistance who:
(a) Qualified for aid or service under chapters 425, 426 or 427 of NRS, including individuals over 65 years of age in state tuberculosis or mental institutions; or
(b) Would qualify under such chapters except for duration of residence, lien requirements or responsible relative requirements; or
(c) Would qualify for aid or service as totally disabled, pursuant to Title XIV of the Social Security Act (42 U.S.C. §§ 1351-1355), if such a program were in effect in this state; or
(d) Is [a mentally needy child under the age of 21 years as defined by the board.] under the age of 21 years, medically indigent, not eligible for assistance under chapter 425 of NRS, and who belongs to a group classification which the board has determined can benefit by medical or remedial care.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 405Senator Swobe
CHAPTER 488
AN ACT relating to public health; requiring the health division of the department of health, welfare and rehabilitation to establish standards for effluent of treated sewage; prohibiting the transportation and discharge of such effluent not meeting such standards or other standards; and providing other matters properly relating thereto.
[Approved April 20, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The health division of the department of health, welfare and rehabilitation shall develop standards concerning the effluent of treated sewage.
2. No person, firm, association, corporation, political subdivision, general improvement district, or any other legal entity may transport or discharge or cause to be transported or discharged any effluent of treated sewage which does not conform to the standards established by the health division or any other state or federal law, rule or regulation.
κ1969 Statutes of Nevada, Page 865 (CHAPTER 488, SB 405)κ
discharge or cause to be transported or discharged any effluent of treated sewage which does not conform to the standards established by the health division or any other state or federal law, rule or regulation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 304Clark County Delegation
CHAPTER 489
AN ACT relating to cooperative agreements; allowing county commissioners to vote on certain such agreements which extend beyond their terms of office; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 277.050 is hereby amended to read as follows:
277.050 1. As used in this section, public agency includes the United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, Carson City, a public corporation and a public district.
2. Without a vote of the electors of a public agency first being had, the governing body thereof is authorized:
(a) To sell or exchange to another public agency any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.
(b) To lease to another public agency, for a term not exceeding 99 years, any unused real property belonging to it, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.
3. A sale or exchange may be:
(a) Negotiated without advertising for public bids.
(b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or exchanging public agencies shall pay or convey property worth an amount at least equal to the current appraised value of the real property being conveyed or exchanged. Funds derived from a sale shall be used for capital outlay.
4. A lease may be:
(a) Negotiated without advertising for public bids.
(b) Made for such consideration as may be authorized by action of the governing body of the lessor public agency.
5. Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange the same, or a resolution declaring its intention to lease the same, as the case may be. The resolution shall:
κ1969 Statutes of Nevada, Page 866 (CHAPTER 489, AB 304)κ
(a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.
(b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.
(c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which meeting objections to the sale, exchange or lease may be made by the electors of the public agency.
6. Notice of the adoption of the resolution and of the time and place of the public meeting shall be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice shall be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.
7. Any resolution accepting a bid or any other form of acceptance of a bid by another public agency shall authorize and direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver the same to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently therewith.
8. The provisions of NRS 244.320 do not apply to any sale, exchange or lease authorized by this section and any board of county commissioners may vote on any such sale, exchange or lease agreement which extends beyond their respective terms of office.
Sec. 2. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Assembly Bill No. 277Committee on Government Affairs (By request)
CHAPTER 490
AN ACT relating to zoning regulations in counties and cities; permitting the local governing board to sit as the board of adjustment; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.280 is hereby amended to read as follows:
278.280 1. [The manner of appointment and compensation of members shall be provided by ordinance. The members of the board of adjustment shall hold no other public office except that one of the members may also be a member of the planning commission.
2. The governing body shall fix the terms of office of the members of the board of adjustment and the terms shall be so arranged that one will expire each year.
3. Members] Any ordinance enacted under NRS 278.270 may provide that the board:
(a) Be composed of the members of the governing body; or
(b) Be composed of five members to be appointed.
κ1969 Statutes of Nevada, Page 867 (CHAPTER 490, AB 277)κ
2. Any such ordinance providing for the appointment of members shall prescribe:
(a) The manner of appointment and compensation of the members.
(b) The terms of the members, which shall be arranged so that no more than one will expire each year.
3. If the members of the board are appointed, no such member may hold another public office except that one member may also be a member of the planning commission.
4. Members who are appointed may be removed after a public hearing for inefficiency, neglect of duty or malfeasance of office.
[4.] 5. Vacancies shall be filled for the unexpired term of any member appointed whose term becomes vacant.
________
Assembly Bill No. 309Committee on Agriculture
CHAPTER 491
AN ACT relating to bees and apiaries; providing certain exemptions from the special tax on bee stands; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.130 is hereby amended to read as follows:
552.130 1. The department shall fix the annual special tax not exceeding 25 cents on each stand of bees as provided in subsection 2, and send notice of the same to the board of county commissioners of each county previous to the annual levy of taxes by the board of county commissioners.
2. When notified by the department, the board of county commissioners shall, at the time of the annual levy of taxes, levy the tax recommended by the department under the provisions of subsection 1, not to exceed 25 cents on each stand of bees assessed in its county.
3. This section does not apply to stands of bees imported into this state for pollination purposes pursuant to the provisions of NRS 552.210.
4. Owners of five or less stands of bees are exempt from the tax imposed by this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 868κ
Assembly Bill No. 718Committee on Agriculture
CHAPTER 492
AN ACT relating to water conservancy subdistricts; permitting such subdistricts to levy and collect taxes for the construction, operation and maintenance of the works of such subdistricts and for legal services to protect the rights of subdistricts; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 541.150 is hereby amended to read as follows:
541.150 1. Subdistricts may be organized upon the petition of the owners of real property within, or partly within and partly without, the district, which petition shall be in substantially the same form and shall fulfill the same requirements concerning the subdistricts as the petition outlined in NRS 541.050 is required to fulfill concerning the organization of the main district. The petition shall also contain a statement of the minimum quantity of water which the subdistrict proposes to acquire from the district for perpetual use and the court shall, prior to the entry of its decree organizing a subdistrict, require that the petitioners attach to the petition written evidence of the consent of the board of directors of the water conservancy district to furnish to such subdistrict the perpetual use of water for the purpose therein specified.
2. Petitions for the organization of subdistricts shall be filed with the clerk of the court and shall be accompanied by a bond as provided for in NRS 541.060. The procedure for the organization of subdistricts shall be the same as for the organization of districts.
3. A subdistrict shall be a separate entity within the district and shall have authority to contract with the district for the furnishing of water and for other purposes.
4. Within 30 days after entering the decree incorporating a subdistrict, the court shall appoint a board of directors of the subdistrict consisting of not exceeding seven persons who are owners of real property in the subdistrict, and who may be directors of the district. The provisions of NRS 541.100, except as to the number of directors, shall be applicable to subdistricts. The board of directors of a subdistrict shall have all of the powers, rights and privileges granted to a district board under the provisions of this chapter, including specifically, but not limited to, the right of the subdistrict board to levy and collect taxes and assessments referred to in NRS 541.140, 541.160 and 541.240 to carry out its separate purposes. Such taxes and assessments may be levied and collected by the subdistrict notwithstanding the fact that taxes and assessments are being levied and collected by the district in which such subdistrict may lie, to carry out the district purposes; but the only purpose for which a subdistrict may levy and collect taxes pursuant to NRS 541.160 shall be to pay the expense of its organization and administration, to pay the cost of construction, operating and maintaining the works of the subdistrict, and for surveys and plans, and for legal services to protect the rights of the subdistrict, and such taxes shall not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.
κ1969 Statutes of Nevada, Page 869 (CHAPTER 492, AB 718)κ
the rights of the subdistrict, and such taxes shall not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.
________
Assembly Bill No. 435Miss Foote and Mrs. Frazzini
CHAPTER 493
AN ACT relating to administration and control of state buildings, grounds and properties; providing for an inventory of goods in the governors mansion; and providing other matters properly relating thereto.
[Approved April 21, 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:
1. It is the intent of the legislature in enacting this section that permanence of the gifts and property purchased from donations given by the people of the State of Nevada for the governors mansion be assured.
2. After the effective date of this act a detailed inventory shall be taken of state property of the governors mansion by the chief of the purchasing division of the department of administration. Any new acquisitions thereafter shall be added to the inventory. During December of 1970 and during December of every fourth year thereafter, and immediately upon the succession of a lieutenant governor to occupancy of the mansion whenever this occurs, the chief of the purchasing division of the department of administration shall conduct an inventory of all property belonging to the governors mansion.
3. The replacement of missing or damaged property belonging to the governors mansion is the responsibility of the governor or acting governor occupying the mansion since the preceding inventory, except:
(a) Where damage is caused by normal wear and tear.
(b) Where there is a loss due to theft, flood, fire or some other cause beyond the control of the governor or his immediate family if such loss is reported to the chief of the purchasing division of the department of administration immediately after such loss is discovered.
Sec. 2. The first inventory taken pursuant to section 1 of this act shall account for those articles of furniture, silverware, china and other household equipment which were in the governors mansion on January 2, 1967. If any such articles are found not to be in use, they shall be listed and safely stored for future use.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 870κ
Assembly Bill No. 362Mr. Jacobsen
CHAPTER 494
AN ACT relating to general improvement districts; increasing the permissible interest rate on their bonds and other securities; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.325 is hereby amended to read as follows:
318.325 1. Subject to the limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law [:] , except as otherwise provided in subsection 3:
(a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. Nothing in this chapter shall be construed as preventing a district from funding, refunding or reissuing any outstanding securities of the district of a type designated in subsection 1 as provided in the Local Government Securities Law.
3. [Revenue bonds] Bonds may be sold for not less than [94] 90 percent of their face amount and for an interest coupon rate of not to exceed 7 percent per annum [.] , without regard to effective interest rate. If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.
Sec. 2. This act shall become effective upon passage and approval, or one minute after the effective date of Senate Bill No. 354, whichever is later, and shall not become effective unless Senate Bill No. 354 becomes law.
________
κ1969 Statutes of Nevada, Page 871κ
Assembly Bill No. 528Committee on Judiciary
CHAPTER 495
AN ACT relating to the imposition of a sentence of imprisonment; requiring the district attorney to transmit to the chairman of the state board of parole commissioners a written statement regarding the offense.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever a sentence of imprisonment in the Nevada state prison is imposed, immediately after the rendition of judgment, the district attorney who prosecuted the cause shall transmit to the chairman of the state board of parole commissioners (upon forms to be supplied by the board) a written statement of facts surrounding the commission of the offense.
________
Assembly Bill No. 568Mr. Jacobsen
CHAPTER 496
AN ACT relating to the Marlette Lake water system; providing separately for the administration of land and for the administration, sale or lease of the water supply system; making appropriations; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake water system, [comprised] composed of the water rights, [land,] easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) [To preserve and protect the sources of water.
(b)] To provide adequate supplies of water to the areas served.
[(c) To improve and preserve the watershed.
(d)] (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
[(e)] (c) To sell water under equitable and fiscally sound contractual arrangements. Any contractual arrangements shall not include the value of the land comprising the watershed as an element in determining the cost of water sold.
3. The department of administration is designated as the state agency to supervise and administer the functions of the Marlette Lake Water System.
κ1969 Statutes of Nevada, Page 872 (CHAPTER 496, AB 568)κ
agency to supervise and administer the functions of the Marlette Lake Water System.
4. The director of the department of administration may [assign] :
(a) Assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive [.] ; or
(b) Sell or lease the Marlette Lake water system, if and in such manner as provided by special law.
5. Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in the amount specified in NRS 281.115. Thereafter such position shall be in the classified service of the state.
Sec. 2. NRS 331.170 is hereby amended to read as follows:
331.170 1. The state department of conservation and natural resources [is directed to cooperate in carrying out the purposes of NRS 331.160 to 331.180, inclusive. The director of the department of administration is empowered to allocate moneys appropriated by the legislature or authorized to be expended pursuant to the provisions of chapter 353 of NRS for the Marlette Lake water system to the state department of conservation and natural resources for the purpose of carrying out the provisions of NRS 331.160 to 331.180, inclusive.] shall control and administer the land acquired by the State of Nevada with the purchase of the Marlette Lake water system, to assure its optimum use for recreation, water development, forestry and fishery.
2. The state department of conservation and natural resources shall cooperate with the department of administration or its vendee or lessee of the water system:
(a) To preserve and protect the sources of water; and
(b) To preserve and improve the watershed.
3. The state department of conservation and natural resources shall cooperate with the state board of fish and game commissioners in the use of Marlette Lake and its tributaries for fishery and propagation.
Sec. 3. The department of administration shall cause an appraisal to be made of the Marlette Lake water system, as redefined by section 1 of this amendatory act, by a competent, disinterested appraiser. Such appraisal shall establish:
1. The separate value of the system above and including the syphon inlet tanks; and
2. The separate value of the water distribution facilities, serving parts of Carson City, which are part of the system and lie below the syphon inlet tanks; and
κ1969 Statutes of Nevada, Page 873 (CHAPTER 496, AB 568)κ
3. The separate value of the water distribution facilities serving Virginia City from below the syphon inlet tanks to and including Five-Mile Reservoir.
Sec. 4. 1. The department of administration may sell the Marlette Lake water system, as redefined by section 1 of this amendatory act, to any purchaser, including but not limited to Carson City or a general improvement district, if such purchaser is first approved by the interim finance committee, for a price not less than its appraised value, which price may be payable over such term of years as will permit its payment, with interest at a mutually agreed rate upon the deferred balance, to be made from revenues of the system. The department of administration may, alternatively, lease the system for a term of not more than 99 years to any entity which would be a qualified purchaser under this section, at a rental based upon the appraised value of the system.
2. In making any sale or lease pursuant to this section, the department of administration shall:
(a) Reserve full control over all land which is subject to NRS 331.170, as amended, for the purposes of that section.
(b) Consider and protect the needs of Virginia City, Gold Hill and Silver City to be supplied with water from the system.
Sec. 4.5. The department of administration may sell the water distribution facilities serving Virginia City from below the syphon inlet tanks to and including Five-Mile Reservoir, to the unincorporated town of Virginia City, Storey County, or to any purchaser approved by the interim finance committee, for a price not less than its appraised value, which price may be payable over such term of years as will permit its payment, with interest at a mutually agreed rate upon the deferred balance, to be made from revenues of the water distribution facilities. The department of administration may, alternatively, lease the water distribution facilities for a term of not more than 99 years to any entity which would be a qualified purchaser under this section, at a rental based upon the appraised value of the water distribution facilities.
Sec. 5. If the department of administration finds that a sale or lease pursuant to section 4 of this act is not feasible, it may, with the approval of the governor, sell or lease the water distribution facilities, serving parts of Carson City, which are below the syphon inlet tanks, at a price not less than the appraised value of such facilities, to any purchaser, including but not limited to Carson City or a general improvement district, if such purchaser is first approved by the interim finance committee.
Sec. 6. If a sale or lease is effected pursuant to sections 4 or 5 of this act, the Nevada state park system may establish on the parcel of land situated in section 36, T. 16 N., R. 19 E., M.D.B. & M., containing the building and water facilities at Lakeview Hill and more fully described in chapter 462, Statutes of Nevada 1963, at page 1304, a picnic area and visitors center for the explanation of the Marlette Lake water system and its historic syphon.
Sec. 7. 1. There is hereby appropriated from the general fund in the state treasury to the department of administration the sum of $10,000 to be expended in whole or in such part as may be needed to procure the appraisal required by section 3 of this act.
κ1969 Statutes of Nevada, Page 874 (CHAPTER 496, AB 568)κ
2. There is hereby appropriated from the general fund in the state treasury to the division of state parks of the state department of conservation and natural resources the sum of $13,000 to be expended in whole or in such part as may be needed to acquire necessary engineering and architectural services and do the necessary planning for the picnic area and visitors center described in section 6 of this act.
Sec. 8. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Assembly Bill No. 632Clark County Delegation
CHAPTER 497
AN ACT relating to revenue and taxation; providing that certain license taxes are held in trust; providing that certain taxes levied by unincorporated towns are liens; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All taxes, levied by a city, town or county for use in connection with NRS 244.640 to 244.780, inclusive, and collected by any motel, hotel or gaming establishment are public moneys from the moment of their collection and shall be held in trust by the establishment collecting such taxes for the use and benefit of the city, town or county levying such taxes or for the use of the county fair and recreation board where such revenues have been assigned or appropriated to the county fair and recreation board.
Sec. 2. NRS 269.170 is hereby amended to read as follows:
269.170 In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power in any unincorporated town or city:
1. To fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person or firm so licensed, all places of business and amusement so licensed, as follows:
(a) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, undertakers, wood and coal dealers.
(b) Bootmakers, cobblers, dressmakers, milliners, shoemakers, tailors.
(c) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.
(d) Barrooms, gaming, manufacturers of liquors and other beverages, saloons.
(e) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dancehouses, melodeons, menageries, shooting galleries, skating rinks, theaters.
κ1969 Statutes of Nevada, Page 875 (CHAPTER 497, AB 632)κ
(f) Corrals, hayyards, livery and sale stables, wagonyards.
(g) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies, water companies.
(h) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.
(i) Brokers, commission merchants, factors, general agents, mercantile agents, merchants and traders, stockbrokers.
(j) Drummers, hawkers, peddlers, solicitors.
(k) Insurance agents who solicit, negotiate or effect contracts of insurance in any of the classifications listed in chapter 681 of NRS, but only for revenue purposes and only if the principal place of business of such agents is located in such unincorporated town or city.
2. To fix and collect a license tax upon all professions, trades or business within the town or city not heretofore specified.
3. Any license tax levied for the purposes of NRS 244.640 to 244.780, inclusive, shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the country fair and recreation board.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 695Messrs. Getto, Jacobsen and Howard
CHAPTER 498
AN ACT relating to county hospitals; authorizing the board of county commissioners to determine whether a patient is indigent; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.420 is hereby amended to read as follows:
450.420 1. The board of [hospital trustees] county commissioner of the county in which a public hospital is located shall have power to determine whether or not patients presented to the public hospital for treatment are subjects of charity. [, and] The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of patient eligibility for medical care as medical indigents or subjects of charity.
2. The board of hospital trustees shall fix the charges for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, of those persons able to pay for the same, as the board may deem just and proper. The receipts therefor shall be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.
κ1969 Statutes of Nevada, Page 876 (CHAPTER 498, AB 695)κ
to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.
3. The county is chargeable with the entire cost of services rendered by the hospital and any attending staff physician or surgeon to any person admitted for emergency treatment, but the hospital and any such attending physician or surgeon shall use reasonable diligence to collect such charges from the emergency patient or any other person responsible for his support. Any amount so collected shall be reimbursed or credited to the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 787Committee on Ways and Means
CHAPTER 499
AN ACT making an appropriation from the general fund in the state treasury to the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for the purpose of implementing the design and installation of a cost accounting system for the Nevada state hospital; and providing other matters properly relating thereto.
[Approved April 21, 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 mental hygiene and mental retardation division of the department of health, welfare and rehabilitation the sum of $67,000 for the purpose of implementing the design and installation of a cost accounting system for the Nevada state hospital to enable the Nevada state hospital to qualify for state and federal reimbursable patient cost programs pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396-1396d).
Sec. 2. Each contract for services of an independent contractor to design and install the cost accounting system described in section 1 of this act shall:
1. Comply with the provisions of NRS 284.173; and
2. Be approved by the fiscal analyst.
Sec. 3. Any of the moneys appropriated by section 1 of this act remaining unexpended on September 30, 1971, shall revert to the general fund in the state treasury.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 877κ
Assembly Bill No. 687Committee on Health and Welfare
CHAPTER 500
AN ACT relating to cosmetics; adding a specification in the definition of cosmetics; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 585.060 is hereby amended to read as follows:
585.060 1. Cosmetic means:
(a) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance [; and] , including wigs, hairpieces and postiches; and
(b) Articles intended for use as a component of any such articles.
2. Cosmetic shall not include soap.
________
Assembly Bill No. 354Committee on Commerce
CHAPTER 501
AN ACT relating to public utilities; requiring oil pipeline carriers to obtain certificates of public convenience and necessity; repealing provisions relating to public utility and carrier franchises by local governments; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 708 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. It is unlawful for any oil pipeline carrier to operate as a carrier in intrastate commerce within this state without first having obtained a certificate of public convenience and necessity from the commission.
Sec. 3. 1. Upon the filing of an application for a certificate of public convenience and necessity, the commission shall fix a time and place for hearing thereon, and shall proceed in the manner according to the provisions of the laws of this state made applicable thereto.
2. Before granting a certificate of public convenience and necessity to an applicant, the commission shall take into consideration:
(a) Other authorized facilities in the territory for which a certificate is sought;
(b) The public necessity and convenience to be accorded by the service offered by such applicant; and
(c) Whether the applicant is fit, willing and able to perform the services of a common carrier.
3. The commission may, under such rules of procedure governing the application therefor as it may prescribe, issue a certificate of public convenience and necessity to an oil pipeline carrier, or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.
κ1969 Statutes of Nevada, Page 878 (CHAPTER 501, AB 354)κ
application therefor as it may prescribe, issue a certificate of public convenience and necessity to an oil pipeline carrier, or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its judgment, the public convenience and necessity may require.
Sec. 4. NRS 708.050 is hereby amended to read as follows:
708.050 1. The right to lay, maintain and operate pipelines, together with telephone and telegraph lines incidental to and designated for use only in connection with the operations of such pipelines, along, across or under any public stream or highway in this state, is hereby conferred upon all persons, firms, partnerships, joint-stock associations, or other associations or corporations coming within any of the definitions of common carrier pipelines contained in NRS 708.020 [.
2. Any person, firm, partnership, joint-stock association, or other association or corporation may acquire the right to construct pipelines and such incidental telegraph and telephone lines along, across or over any public road or highway in this state by filing with the commission an acceptance of the provisions of this chapter, expressly agreeing in writing that in consideration of the rights so acquired it shall be and become a common carrier pipeline, subject to the duties and obligations conferred or imposed in this chapter. This right to run along, across or over any public road or highway can only be exercised upon the condition that the traffic thereon shall not be interfered with, and that such road or highway shall be promptly restored to its former condition of usefulness, and the restoration thereof shall be subject also to the supervision of the boards of county commissioners of the counties through which such pipelines may be run.
3.] , which have obtained a certificate of public convenience and necessity as provided in sections 2 and 3 of this act.
2. In the exercise of the privileges herein conferred, such pipelines shall compensate the county or counties for any damage done to such public road or highway in the laying of pipelines, telegraph or telephone lines, along or across the same.
[4.] 3. Nothing herein shall be construed:
(a) To grant any pipeline company the right to use any public street or alley of any incorporated city or town, except by express permission from the city or governing authority thereof.
(b) To permit any company to use any street or alley of an unincorporated town, except by express permission of the board of county commissioners of the county in which such town is situated.
Sec. 5. NRS 704.650, 704.690, 704.700, 704.710, 704.720, 704.730, 704.740, 704.750, 704.760, 704.770, 704.780, 704.790 and 708.030 are hereby repealed.
________
κ1969 Statutes of Nevada, Page 879κ
Assembly Bill No. 444Mr. Swackhamer
CHAPTER 502
AN ACT relating to the employment of aliens; providing an additional exemption to preferential employment by the state and political subdivisions; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.060 is hereby amended to read as follows:
281.060 1. Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, any political subdivision of the state, or by any person acting under or for such officer in any office or department of the State of Nevada, or political subdivision of the state.
2. In all cases where persons are so employed, preference shall be given, the qualifications of the applicants being equal:
(a) First: To honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
3. Nothing in this section shall be construed to prevent:
(a) The working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.
(b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.
(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 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.] in any state or political subdivision hospital.
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.
κ1969 Statutes of Nevada, Page 880 (CHAPTER 502, AB 444)κ
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.
________
Assembly Bill No. 457Messrs. Bryan, May and Reid
CHAPTER 503
AN ACT relating to public health; placing certain local health rules and regulations on a parity with rules and regulations adopted by the state board of health; providing penalties; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.200 is hereby amended to read as follows:
439.200 1. The state board of health shall have the power by affirmative vote of a majority of its members to adopt, promulgate, amend and enforce reasonable rules and regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests of the public health.
(d) To provide for the sanitary protection of water and food supplies and the control of sewage disposal.
(e) To govern and define the powers and duties of local boards of health and health officers.
(f) To protect and promote the public health generally.
(g) To carry out all other purposes of this chapter.
2. Such rules and regulations shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith.
3. A copy of every [regulation adopted by the state board of health, giving the date that it takes] rule and regulation adopted by the state board of health and every rule and regulation approved by such board pursuant to NRS 439.350 and 439.460, showing the date that any such rules and regulations take effect, shall be filed with the secretary of state, and copies of [the] such rules and regulations shall be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.
4. A certified copy of any rules or regulations specified in subsection 3 shall be received by all courts and administrative hearing bodies in this state as prima facie evidence of such rules and regulations.
Sec. 2. NRS 439.580 is hereby amended to read as follows:
439.580 1. Any local health officer or his deputy who shall neglect or fail to enforce the provisions of this chapter in his jurisdiction, or shall neglect or refuse to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the health division shall be punished by a fine of not more than $100.
κ1969 Statutes of Nevada, Page 881 (CHAPTER 503, AB 457)κ
by this chapter or by the instructions and directions of the health division shall be punished by a fine of not more than $100.
2. Each person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the state board of health or violating any rule or regulation approved by the state board of health pursuant to NRS 439.350 and 439.460 shall be guilty of a misdemeanor.
________
Assembly Bill No. 462Mr. McKissick
CHAPTER 504
AN ACT relating to cosmetology; authorizing the state board of cosmetology to adopt rules governing schools of cosmetology; prohibiting unconscionable contracts; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 644.110 is hereby amended to read as follows:
644.110 The board shall adopt reasonable rules:
1. For carrying out the provisions of this chapter.
2. For conducting examinations of applicants for registration.
3. For governing the recognition of, and the credits to be given to, the study of cosmetology, or any branch thereof, under a hairdresser and cosmetician, or in a school of cosmetology licensed under the laws of another state or territory of the United States or the District of Columbia.
4. For governing the conduct of schools of cosmetology. The rules shall include but need not be limited to:
(a) Rules prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;
(b) Rules prohibiting schools from deducting earned hours of school credit as a punishment for misbehavior of a student; and
(c) Rules providing for lunch and coffee recesses for students during school hours.
Sec. 2. NRS 644.430 is hereby amended to read as follows:
644.430 The board shall not issue, or having issued shall not renew, or may revoke or suspend at any time, any license as required by the provisions of NRS 644.190 in any one of the following cases:
1. Failure of a person, firm or corporation operating a cosmetological establishment to comply with the requirements of this chapter.
2. Failure to comply with the rules [governing sanitary conditions] adopted by the board and approved by the state board of health for the regulation of cosmetological establishments, schools of cosmetology or the practice of the occupations of a hairdresser and cosmetician.
3. Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.
4. Gross malpractice.
5. Continued practice by a person knowingly having an infectious or contagious disease.
κ1969 Statutes of Nevada, Page 882 (CHAPTER 504, AB 462)κ
6. Habitual drunkenness or habitual addiction to the use of morphine or any habit-forming drug.
7. Advertisement by means of knowingly false or deceptive statements.
8. Permitting a certificate of registration or license to be used where the holder thereof is not personally, actively and continuously engaged in business.
9. Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
10. Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
11. For any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
Sec. 3. Chapter 644 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An unconscionable contract between a school of cosmetology and a student of cosmetology is not enforcible.
2. Unconscionable contract means a contract which a person of common sense, who was not under a delusion, would not execute and which a fair and honest man would not accept. The fact that one provision of a contract or the entire contract is more favorable to one party than another does not in itself render a contract unconscionable.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 478Committee on Health and Welfare
CHAPTER 505
AN ACT relating to aid to the blind; providing that payments to recipients of such aid may include money for a needy essential person.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.040 is hereby amended to read as follows:
426.040 1. No person concerned with the administration of NRS 426.010 to 426.500, inclusive, shall dictate how any applicant shall expend the aid granted to him.
2. All money paid to a recipient under NRS 426.010 to 426.500, inclusive, is intended to help him meet his individual needs and is not for the benefit of any other person [.] , except that money may be included in such payment to meet the needs of a needy essential person. The criteria of a needy essential person shall be defined by the state welfare board.
3. Aid granted under NRS 426.010 to 426.500, inclusive, shall not be construed as income to any person other than the blind recipient.
________
κ1969 Statutes of Nevada, Page 883κ
Assembly Bill No. 593Mr. Jacobsen
CHAPTER 506
AN ACT relating to guardians; providing for the appointment of the Nevada commissioner for veteran affairs as guardian in the capacity of the office of commissioner rather than as an individual; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 417 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An appointment of the commissioner as guardian is an appointment of the commissioner in the capacity of his office and not an appointment of the commissioner in his capacity as an individual.
2. An appointment of the commissioner as guardian made before the effective date of this act shall be deemed to have been an appointment in the capacity of his office and not in his capacity as an individual.
3. Each bond of the commissioner as guardian filed after the effective date of this act shall be conditioned for the faithful performance of the commissioner as such and not for the faithful performance of any individual.
Sec. 2. Each bond filed by the Nevada commissioner for veteran affairs as guardian conditioned for the faithful performance of the Nevada commissioner for veteran affairs as an individual shall, upon renewal, be conditioned as provided in subsection 3 of section 1 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 608Mr. Jacobsen
CHAPTER 507
AN ACT relating to the commissioner for veteran affairs; providing for a single bond given by the commissioner; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 417.110 is hereby amended to read as follows:
417.110 1. Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of:
(a) Any minor child of any deceased veteran;
(b) Any insane or incompetent veteran; or
(c) Any person who is certified by the Veterans Administration as having money due from the Veterans Administration, the payment of which is dependent upon the appointment of a guardian for such person.
2. To commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of moneys paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
κ1969 Statutes of Nevada, Page 884 (CHAPTER 507, AB 608)κ
1 only if at the time of appointment the estate, exclusive of moneys paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3. No fee may be allowed or paid to the commissioner for acting as guardian.
4. To insure his faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he acts, the commissioner shall execute and deliver his official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this state. A separate bond for each estate is not required.
________
Assembly Bill No. 781Committee on Transportation
CHAPTER 508
AN ACT increasing the number of field agents authorized to be employed by the motor carrier division of the department of motor vehicles; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.049 is hereby amended to read as follows:
481.049 In addition to other necessary personnel, there shall be employed in the motor carrier division of the department of motor vehicles one inspector and [19] 20 filed agents whose duties shall be:
1. To enforce the motor vehicle carrier law contained in chapter 706 of NRS.
2. To enforce the provisions of chapters 365, 366, 482, 483, 484 and 487 of NRS.
________
Senate Bill No. 387Committee on Labor
CHAPTER 509
AN ACT relating to private employment agencies; requiring each licensee to pay for required books, forms and blanks; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 611.210 is hereby amended to read as follows:
611.210 [The labor commissioner shall furnish to each licensee blank books upon which his records shall be kept as provided in NRS 611.020 to 611.320, inclusive, together with forms of receipts and necessary blanks upon which reports shall be made to the labor commissioner.]
κ1969 Statutes of Nevada, Page 885 (CHAPTER 509, SB 387)κ
611.020 to 611.320, inclusive, together with forms of receipts and necessary blanks upon which reports shall be made to the labor commissioner.] The labor commissioner shall prescribe the form of receipts to be issued, records to be kept and reports to be made. Each licensee shall provide the necessary blanks and other supplies at his own expense.
________
Assembly Bill No. 236Mr. Lowman
CHAPTER 510
AN ACT relating to the Nevada tax commission; increasing the number of commissioners and providing for the appointment of all commissioners; increasing their compensation; designating the governor as an ex officio member; providing for a quorum of the state board of equalization; and providing other matters properly relating thereto.
[Approved April 21, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 360.010 is hereby amended to read as follows:
360.010 1. There is hereby created a commission to be designated and known as the Nevada tax commission.
2. The Nevada tax commission shall consist of [a chairman and six] nine commissioners [.] appointed by the governor.
3. The governor shall designate the commissioner to serve as chairman of the commission.
4. The governor shall be an ex officio, nonvoting member of the commission. He shall receive no compensation for his services as such ex officio member.
Sec. 2. NRS 360.020 is hereby amended to read as follows:
360.020 1. [The chairman shall be the governor of the State of Nevada.
2. One of the commissioners, to be selected by the governor, shall be a member of the public service commission of Nevada.
3. Of the five remaining commissioners, who shall be appointed by the governor:
(a)] The commissioners shall respectively possess the following qualifications:
(a) One shall be versed in and possess a practical knowledge or experience in utilities.
(b) One shall be versed in and possess a practical knowledge and experience in the classification of land and the value thereof.
[(b)] (c) One shall be versed in and possess a practical knowledge and experience in livestock and the value thereof.
[(c)] (d) One shall be versed in and possess a practical knowledge and experience in the mining industry.
[(d)] (e) One shall be versed in and possess a practical knowledge and experience in business [.] other than any of the businesses specified in paragraphs (a) to (d), inclusive, and (f) to (h), inclusive, of this subsection.
κ1969 Statutes of Nevada, Page 886 (CHAPTER 510, AB 236)κ
in paragraphs (a) to (d), inclusive, and (f) to (h), inclusive, of this subsection.
[(e)] (f) One shall be versed in and possess a practical knowledge and experience in banking.
(g) One shall be versed in and possess a practical knowledge and experience in transportation.
(h) One shall be versed in and possess a practical knowledge and experience in the resort hotel or gaming industry.
(i) One shall be a taxpayer of the state and shall represent the public at large. He shall not be engaged in or affiliated with any of the businesses, industries or professions specified in paragraphs (a) to (h), inclusive, of this subsection.
2. Each of the commissioners at the time of his appointment shall be actively engaged in the type of interest in categories which he is chosen to represent on the commission.
Sec. 3. NRS 360.030 is hereby amended to read as follows:
360.030 1. Not more than [one] three of the [five appointed] nine commissioners shall be appointed from any one county in this state, and not more than [a majority] five members of the Nevada tax commission shall be of the same political party.
2. [Three of the commissioners shall serve for terms of 4 years, and two of the commissioners shall serve for terms of 2 years, and upon the expiration of the terms of the first members, all commissioners shall serve for terms of 4 years.] Appointments to the commission, except those to fill unexpired terms, shall be for terms as follows:
(a) Two commissioners for 4 years.
(b) Two commissioners for 3 years.
(c) Two commissioners for 2 years.
(d) Three commissioners for 1 year.
Thereafter, all commissioners shall be appointed for terms of 4 years.
3. Appointments to fill vacancies on the commission shall be for the unexpired term of the commissioner to be replaced, and shall be made by the governor.
4. Any commissioner may be removed by the governor if, in his opinion, such commissioner is guilty of malfeasance in office or neglect of duty.
Sec. 4. NRS 360.040 is hereby amended to read as follows:
360.040 Before entering upon his duties, each of the commissioners [, except the governor and the commissioner who is a member of the public service commission of Nevada,] shall:
1. Enter into a bond payable to the State of Nevada, to be approved by the state board of examiners, in the sum of $10,000, conditioned for the faithful performance of his duties.
2. Subscribe to the official oath.
Sec. 5. NRS 360.050 is hereby amended to read as follows:
360.050 [The governor and the commissioner who is a member of the public service commission of Nevada shall receive no compensation for their services as members of the Nevada tax commission. Each of the other five commissioners] Each of the commissioners shall receive as compensation [$25] $40 for each day actually employed on the work of the commission.
κ1969 Statutes of Nevada, Page 887 (CHAPTER 510, AB 236)κ
Sec. 6. NRS 361.375 is hereby amended to read as follows:
361.375 1. The state board of equalization shall be composed of the members of the Nevada tax commission.
2. The chairman of the Nevada tax commission shall be the chairman of the board, and the secretary of the Nevada tax commission shall be the secretary of the board.
3. Each member of the Nevada tax commission (except the governor as an ex officio member) shall have a vote upon the board, and in all cases a majority vote of the entire membership of the board shall govern. Five members shall constitute a quorum for the transaction of business.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 33Mr. Capurro
CHAPTER 511
AN ACT relating to education; requiring boards of trustees of school districts to make special provisions for the education of physically handicapped or mentally retarded minors; relieving certain school districts from the mandatory provisions of the act; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.450 is hereby amended to read as follows:
388.450 1. The legislature declares that the basic support guarantee per pupil as expressed in NRS 387.122 establishes financial resources sufficient to insure a reasonably equal educational opportunity to physically handicapped or mentally retarded minors residing in Nevada.
2. Subject to the provisions of NRS 388.440 to 388.540, inclusive, the board of trustees of a school district [may] shall make such special provisions as [in its judgment] may be necessary for the education of physically handicapped or mentally retarded minors.
[2.] 3. The board of trustees of a school district [may] shall 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.
4. If the superintendent of public instruction finds that it is impossible for the board of trustees of a school district to comply with the mandatory requirements of this section because the number of physically handicapped or mentally retarded minors within the school district is so small, the distance to another public school where such instruction is offered is so great or the services of a qualified teacher cannot be obtained, the provisions of subsections 2 and 3 shall not apply to such school district.
5. Nothing in this section shall be construed to require a board of trustees of a school district, in any school year, to make special provisions for the education of physically handicapped or mentally retarded minors in excess of the number determined to be 2 1/2 percent of the total pupil enrollment of the school district.
κ1969 Statutes of Nevada, Page 888 (CHAPTER 511, AB 33)κ
for the education of physically handicapped or mentally retarded minors in excess of the number determined to be 2 1/2 percent of the total pupil enrollment of the school district.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Assembly Bill No. 186Committee on Government Affairs
CHAPTER 512
AN ACT relating to public employees; authorizing the employer to contribute up to 100 percent of the premium for coverage of employees under a group insurance program.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada shall have the power:
1. To adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of such of their officers and employees, and the dependents of such officers and employees, as shall or may elect to accept the same and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on such insurance.
2. To purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as shall have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, to deduct from the compensation of such officers and employees the premiums upon such insurance and pay such deductions upon the premiums.
3. To defray [a part, not to exceed 50 percent, of the cost of such premiums by contribution.] part or all of the cost of the premiums upon such insurance. The funds for such contributions shall be budgeted for in accordance with the laws governing such county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
________
κ1969 Statutes of Nevada, Page 889κ
Assembly Bill No. 235Messrs. Hilbrecht, Dini, Mello, Branch, Glaser, Mrs. Brookman, Messrs. Bryan, Espinoza, Bryan Hafen, Mrs. Tyson, Messrs. Reid, Bowler, May, Miss Foote, Messrs. Swackhamer, Viani, Close, Ashworth and Prince
CHAPTER 513
AN ACT relating to deposits of public money; providing for rates of interest on inactive moneys of the state deposited in time certificates; changing requirements concerning the security of state deposits; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 356.015 is hereby amended to read as follows:
356.015 1. With the written consent and approval of the state board of finance, the state treasurer shall:
(a) Establish a definition of inactive deposits. [; and]
(b) Determine what amounts of money shall be deposited as inactive deposits [and the rates of interest to be received thereon.
(c)] in time certificates of deposit.
(c) Establish as the rate of interest to be paid on the maturity of each time certificate of deposit a rate which is:
(1) Greater than;
(2) Equal to; or
(3) Not more than three-fourths of 1 percent (otherwise expressed as 75 basis points) below,
the average yield during the 2-week period ending 1 day before the deposit is made, of a United States Treasury bill of like amount and term.
(d) Make inactive deposits through warrants of the state controller.
2. The state controller shall maintain accurate records of inactive deposits.
Sec. 2. NRS 356.020 is hereby amended to read as follows:
356.020 1. All funds deposited by the state treasurer shall be secured by obligations of the United States, or bonds of this state, or bonds of any county, municipality or school district within this state, deposited by the depositary bank with the state treasurer, or with a Federal Reserve bank, or, if such deposit of security will not be accepted by a Federal Reserve bank, then with any bank other than the depositary bank which will accept such bonds as a trust for the purposes hereof.
2. The amount, in [actual value, as distinguished from] par value, of such deposit of securities by each such depositary bank shall be at least [10 percent in excess of] the amount of the deposit with such depositary bank. Such bonds and securities shall be approved in writing by the state board of finance and by the state treasurer.
3. The state treasurer or the state board of finance may, from time to time, require such a deposit of such additional bonds and securities, as herein permitted as security, as in their judgment shall be necessary to maintain [such 10 percent in excess of] each such deposit.
4. The bonds, or any part thereof, may be withdrawn on the [written] consent of the state treasurer, [and the state board of finance,] but no withdrawal shall be permitted which will reduce the security below the requirements [hereof.]
κ1969 Statutes of Nevada, Page 890 (CHAPTER 513, AB 235)κ
no withdrawal shall be permitted which will reduce the security below the requirements [hereof.] of this section.
Sec. 3. NRS 356.085 is hereby amended to read as follows:
356.085 The interest to be paid by a depositary bank shall be paid in accordance with the contract made with the state treasurer [, and at least annually.] and in an amount determined by the rates established pursuant to NRS 356.015.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 282Committee on Government Affairs (By request)
CHAPTER 514
AN ACT relating to highways; providing that the state highway engineer may give final acceptance of a contract if the work remaining to be done does not exceed 5 percent of the total contract price and cannot be completed because of factors beyond the control of the contractor; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.920 is hereby amended to read as follows:
408.920 1. The engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place, or on the job site, or at a location approved by the engineer, and invoiced, and labor expended thereon. Not more than 90 percent of the contract price of any work shall be paid in advance of full completion and final acceptance of such improvement or construction, except that at any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.
2. The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the contract is completed satisfactorily and finally accepted by the engineer. [and any authorized representative of the United States Government having supervision of highways within the meaning of this chapter.] Whenever a project is sufficiently completed to be placed into service and a portion of the contract work not to exceed 5 percent of the total contract price of the project in value cannot be readily completed because of factors beyond the contractors control, the engineer may give his final acceptance in the manner provided in NRS 408.925 and deduct from the retained percentage such sum as he may determine sufficient to complete the contract by the department or by other means.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts.
κ1969 Statutes of Nevada, Page 891 (CHAPTER 514, AB 282)κ
the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department shall be payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor shall be due and payable at the expiration of the 30-day period as provided in NRS 408.900 for filing of creditors claims, and such retained percentage shall be due and payable to the contractor at such time without regard to creditors claims filed with the department.
Sec. 2. NRS 408.925 is hereby amended to read as follows:
408.925 1. Before making final payment on any contract as provided in this chapter the engineer shall cause the publication of a notice of the date of final acceptance of the contract for a period of at least 2 weeks in every issue of a newspaper of general circulation in the county wherein the major portion of the contract work was performed, and such notice may also be published each day for a period of at least 10 days in one or more daily newspapers of general circulation throughout the state.
2. No final settlement of the contract shall be made with the contractor until 30 days after the date of such final acceptance of the contract.
[3. If the facts so warrant, the engineer, in his discretion, may direct that the retained percentage be paid to the contractor, except for any amount which in the engineers opinion is necessary for completion of the work.]
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 290Messrs. Torvinen and McKissick
CHAPTER 515
AN ACT relating to civil actions; clarifying the parties entitled to bring an action for the wrongful death of any person and for a wrongful injury to a minor child; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 12.080 is hereby amended to read as follows:
12.080 The father and mother jointly, or the father or the mother, without preference to either, may maintain an action for the [death or] injury of a minor child [,] who has not been emancipated by marriage, when such injury or death is caused by the wrongful act or neglect of another; and a guardian may maintain an action for the injury [or death] of his ward, when each injury [or death] is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of [the heirs of] the ward. Any such action may be maintained against the person causing the injury or death, or, if such person be employed by another person who is responsible for his conduct, also against such other person.
κ1969 Statutes of Nevada, Page 892 (CHAPTER 515, AB 290)κ
Sec. 2. NRS 12.090 is hereby amended to read as follows:
12.090 [When the death of a person not a minor is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person be employed by another person who is responsible for his conduct, then also against such other person. If such adult person have a guardian at the time of his death, only one action can be maintained for the injury to or death of such person, and such action may be brought by either the personal representatives of such adult person deceased for the benefit of his heirs, or by such guardian for the benefit of his heirs.] When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, an action may be brought against the person causing such death and, if such person is employed by another person who is responsible for his conduct, also against such other person. The action may be brought by the heirs of the deceased or by his personal representative or guardian for the benefit of his heirs.
________
Assembly Bill No. 361Mr. Jacobsen
CHAPTER 516
AN ACT relating to county fire protection districts; providing a single assessment limitation for equipping and maintaining such districts; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 474.190 is hereby amended to read as follows:
474.190 1. Subject to the provisions of subsection 2, the board of directors of each county fire protection district shall prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
2. The amount of money to be raised for the purpose of establishing, [and] equipping and maintaining the district with firefighting facilities shall not in any 1 year exceed 1 percent of the assessable property within the district. [The amount of money to be raised for the purpose of maintaining the district each year shall not exceed one-half of 1 percent of the assessable property within the district.]
3. In determining the tax to be levied to raise the amount of money required by such budget within such limitation, the board of county commissioners shall prorate 80 percent of the amount of the tax upon the assessed value of improvements and personal property upon each parcel of land and 20 percent upon the assessed value of each parcel of land, if upon the formation of the district a provision for such procedure was included in the notice to create the district approved by the property owners, or if a petition requesting such procedure, signed by not less than a majority of the property owners within the district, is presented to the board prior to January 20.
κ1969 Statutes of Nevada, Page 893 (CHAPTER 516, AB 361)κ
than a majority of the property owners within the district, is presented to the board prior to January 20.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 396Messrs. Lingenfelter, Espinoza, Fry and Capurro
CHAPTER 517
AN ACT relating to real estate brokers and salesmen; relaxing residence requirements for members of the real estate advisory commission; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.100 is hereby amended to read as follows:
645.100 1. At least two members of the commission shall be residents of the eastern district of Nevada, and at least two members of the commission shall be residents of the western district of Nevada.
2. Not more than [one member] two members shall be appointed from any one county.
3. The eastern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Clark, Elko, Eureka, Lander, Lincoln, Nye and White Pine.
4. The western district shall consist of all that portion of the State of Nevada lying within the boundaries of Carson City and the counties of Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, Pershing, Storey and Washoe.
Sec. 2. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Assembly Bill No. 397Messrs. Lingenfelter, Espinoza, Fry and Capurro
CHAPTER 518
AN ACT relating to real estate brokers; empowering cities, towns and counties to license real estate brokers if their principal places of business are located within such cities, towns or the county; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.550 is hereby amended to read as follows:
645.550 1. Every person, copartnership, association or corporation licensed as a real estate broker under the provisions of this chapter shall have and maintain a definite place of business within the state, which shall be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which shall serve as his, their or its office for the transaction of business under the authority of the license, and where the license shall be prominently displayed.
κ1969 Statutes of Nevada, Page 894 (CHAPTER 518, AB 397)κ
have and maintain a definite place of business within the state, which shall be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which shall serve as his, their or its office for the transaction of business under the authority of the license, and where the license shall be prominently displayed.
2. The place of business shall be specified in the application for license and designated in the license.
3. No license issued under the authority of this chapter shall authorize the licensee to transact business from any office other than that designated in the license.
4. Each city, town or county may require a license for revenue purposes only for a licensed real estate broker whose principal place of business is located within such city or town, or within the county outside the cities and towns of the county, respectively.
________
Assembly Bill No. 425Messrs. Wood and Ashworth
CHAPTER 519
AN ACT relating to the distribution of motor vehicle fuel taxes; increasing the amount received by the Civil Air Patrol; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.565 is hereby amended to read as follows:
365.565 The tax derived from motor vehicle fuel used in aircraft shall be distributed, after payment of refund claims as provided in NRS 365.370 and 494.043, in the following manner:
1. There shall be transferred to the Civil Air Patrol fund, hereby created in the state treasury, from the state airport fund, for the ensuing fiscal year, a sum not to exceed [$15,000] $30,000 or the total amount in such fund, whichever is lesser. The amount so transferred shall be expended for the support of Nevada Wing 96 of the Civil Air Patrol and shall be in addition to and separate from any legislative appropriations made to the Civil Air Patrol. Moneys in the Civil Air Patrol fund shall be paid out only upon claims certified by the wing commander and the wing executive officer and approved by the state board of examiners, in the same manner as other claims against the state are paid. Moneys in the Civil Air Patrol fund shall be used only by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of headquarters rental and purchase, repair and maintenance of emergency and training equipment. No moneys in the Civil Air Patrol fund shall be expended for the purchase of any aircraft.
2. There shall be remitted to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the excise taxes remitted by dealers or users in such county.
κ1969 Statutes of Nevada, Page 895 (CHAPTER 519, AB 425)κ
3. Such distribution shall be made on July 1, 1966, and on July 1 of each year thereafter.
________
Assembly Bill No. 788Committee on Government Affairs
CHAPTER 520
AN ACT to prohibit the incorporation of cities in Clark County except pursuant to some act of the 55th session of the legislature.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature finds that:
1. The problems of financing city government are peculiarly acute in Clark County, which has experienced the most rapid and extensive urbanization in this state.
2. The creation of new cities without careful exploration of their potential financial resources can only compound these problems.
3. The problems of Clark County in these respects are unique and perhaps transitory, to which a general law cannot be made applicable.
Sec. 2. After the effective date of this act, no city may be incorporated in Clark County pursuant to any general law, unless such law was newly enacted by this 55th session of the legislature of the State of Nevada. This section does not preclude the incorporation of a city by or pursuant to a special law enacted by this 55th session of the legislature of the State of Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 70Committee on Judiciary
CHAPTER 521
AN ACT relating to elections; requiring the delivery of certain material to county clerks on or before certain dates; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when such governing body decides to submit a question:
κ1969 Statutes of Nevada, Page 896 (CHAPTER 521, SB 70)κ
(a) At a general election, shall provide a copy of such question to each county clerk within the designated territory on or before the 1st Monday in August preceding the election.
(b) At a primary election, shall provide a copy of such question to each county clerk within the designated territory on or before the 3rd Monday in July preceding the election.
2. The requirements of subsection 1 do not apply to any question expressly privileged or required under article 19 of the constitution of the State of Nevada or under chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.
Sec. 2. NRS 295.115 is hereby amended to read as follows:
295.115 1. When an initiative or referendum petition has been finally determined sufficient, the board shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the board fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the county.
2. The vote of the county on a proposed or referred ordinance shall be held not less than 30 days and not later than 1 year from the date of the final board vote thereon. If no primary or general election is to be held within the period prescribed in this subsection, or if the deadline for placing questions on the ballot has passed when the time for action by the board expires, the board shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general election, except that the board may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time prior to the 30th day preceding the day scheduled for a vote of the county or the deadline for placing questions on the ballot, whichever is earlier, by filing with the county clerk a request for withdrawal signed by at least four members of the petitioners original committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.
Sec. 3. NRS 295.215 is hereby amended to read as follows:
295.215 1. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the city.
2. The vote of the city on a proposed or referred ordinance shall be held not less than 30 days and not later than 1 year from the date of the final council vote thereon. If no regular municipal election is to be held within the period prescribed in this subsection, or if the deadline for placing questions on the ballot has passed when the time for action by the board expires, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general municipal election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period.
κ1969 Statutes of Nevada, Page 897 (CHAPTER 521, SB 70)κ
placing questions on the ballot has passed when the time for action by the board expires, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general municipal election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time prior to the 30th day preceding the day scheduled for a vote of the city or the deadline for placing questions on the ballot, whichever is earlier, by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners original committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 188Senator Pozzi
CHAPTER 522
AN ACT relating to the state personnel system; authorizing appeals to the advisory personnel commission after a demotion; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.390 is hereby amended to read as follows:
284.390 1. Within 30 days after receipt of a copy of the statement provided for in subsection 2 of NRS 284.385, an employee who has been dismissed, demoted or suspended may, in writing, request a hearing before the commission to determine the reasonableness of such action.
2. The commission shall grant the employee a hearing within 45 days after receipt of the employees written request.
3. At the hearing of such appeal, technical rules of evidence shall not apply.
Sec. 2. NRS 284.395 is hereby amended to read as follows:
284.395 1. After the hearing and consideration of the evidence for and against a dismissal, demotion or suspension, the findings and recommendations of the commission shall be submitted to and considered by the appointing authority.
2. Not later than 30 days after receipt of the findings and recommendations, the appointing authority may reinstate the employee with or without pay for the period of suspension or otherwise modify his original decision of suspension, demotion or discharge.
3. When an employee is dismissed and not reinstated after an appeal, the commission, in its discretion, may direct that his name be placed on an appropriate register, or may take steps to effect the transfer of the employee to a comparable position in another department.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 898κ
Senate Bill No. 252Senator Monroe
CHAPTER 523
AN ACT relating to local government purchasing; clarifying the status of real property; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 332.190 is hereby amended to read as follows:
332.190 1. All sales or leases of personal property of the governing body shall be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property; but the governing body may sell any such personal property at public auction if it deems such a sale desirable and in the best interests of the local government.
2. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 306Senators Gibson, Pozzi and Bunker
CHAPTER 524
AN ACT relating to the payment of compensation for silicosis; providing supplemental compensation for persons suffering from silicosis and certain dependents who have received the maximum sum payable under law; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.
κ1969 Statutes of Nevada, Page 899 (CHAPTER 524, SB 306)κ
dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.
5. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
(b) Except as provided in NRS 617.465, 617.466 [and 617.467,] , 617.467 and section 3 of this act, the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $14,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents.
Sec. 2. NRS 617.467 is hereby amended to read as follows:
617.467 1. Any claimant or his dependents who have received the maximum sums payable pursuant to NRS 617.460, 617.465 and 617.466 prior to January 1, 1967, or who will receive such maximum sum payable after January 1, 1967, and prior to July 1, 1969, shall be entitled to receive supplemental compensation in an amount not to exceed $5,768 during the period between January 1, 1967, and July 1, 1969.
2. Such supplemental compensation shall be payable to a claimant or his dependents in sums provided by chapter 616 of NRS.
3. In paying the supplemental compensation authorized by this section, the commission may, in addition to any moneys required from the occupational diseases fund and the medical benefits fund, expend:
(a) All moneys which represent the total remainder of amounts of maximum sums payable under paragraph (b) of subsection 5 of NRS 617.460, 617.465 and 617.466 which were not paid between January 1, 1967, and July 1, 1969, because the claimants thereof died or their dependents became disqualified to receive further benefits prior to receipt of the maximum sums payable; and
(b) All moneys which represent the total remainder of amounts of supplemental compensation payable under this section which were not paid between January 1, 1967, and July 1, 1969, because the claimants thereof died or their dependents became disqualified to receive further supplemental benefits prior to receipt of the maximum supplemental compensation authorized by this section.
[4. No supplemental compensation shall be paid after July 1, 1969.]
Sec. 3. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any claimant or his dependents who have received the maximum sums payable pursuant to NRS 617.460, 617.465, 617.466 and 617.467 prior to January 1, 1969, or who will receive such maximum sum payable after January 1, 1969, and prior to July 1, 1971, shall be entitled to receive supplemental compensation in an amount not to exceed $6,125 during the period between January 1, 1969, and July 1, 1971.
κ1969 Statutes of Nevada, Page 900 (CHAPTER 524, SB 306)κ
prior to January 1, 1969, or who will receive such maximum sum payable after January 1, 1969, and prior to July 1, 1971, shall be entitled to receive supplemental compensation in an amount not to exceed $6,125 during the period between January 1, 1969, and July 1, 1971.
2. Such supplemental compensation shall be payable to a claimant or his dependents in sums provided by chapter 616 of NRS.
3. In paying the supplemental compensation authorized by this section, the commission may, in addition to any moneys required from the occupational diseases fund and the medical benefits fund, expend:
(a) All moneys which represent the total remainder of amounts of maximum sums payable under paragraph (b) of subsection 5 of NRS 617.460, 617.465, 617.466 and 617.467 which were not paid between January 1, 1969, and July 1, 1971, because the claimants thereof died or their dependents became disqualified to receive further benefits prior to receipt of the maximum sums payable; and
(b) All moneys which represent the total remainder of amounts of supplemental compensation payable under this section which were not paid between January 1, 1969, and July 1, 1971, because the claimants thereof died or their dependents became disqualified to receive further supplemental benefits prior to receipt of the maximum supplemental compensation authorized by this section.
4. No supplemental compensation shall be paid after July 1, 1971.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 496Committee on Labor
CHAPTER 525
AN ACT relating to employment on public works; establishing the minimum amount which may be paid for the use of a truck and the services of a driver; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Where a truck or truck and trailer combination is rented or leased after the effective date of this act by a contractor or subcontractor on a public work, the hourly rate for the rental or lease of such truck or truck and trailer combination shall, when added to the prevailing rate of wages required by NRS 338.020 for the driver, not be less than the hourly rate for similar vehicles with a driver as such hourly rate appears in freight tariffs approved by the public service commission of Nevada for the area in which the public work is located.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 901κ
Senate Bill No. 506Clark County Delegation
CHAPTER 526
AN ACT relating to county property; providing for the sale and exchange under certain circumstances of property donated and dedicated to the county; and providing other matters properly relating thereto.
[Approved April 22, 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.
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.
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.
4. In one or more of the following circumstances, the board of county commissioners may sell to the highest bidder at a public sale land which has been donated and dedicated for public purposes as described in subsection 1 or may exchange such land for other land which is appraised at an equal value:
(a) If the person, association or corporation which donated and dedicated the land to the county refuses, in writing, to accept a reconveyance of the land; or
(b) If the person who donated and dedicated the land to the county is deceased.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 902κ
Senate Bill No. 441Senator Slattery
CHAPTER 527
AN ACT relating to chiropody and chiropodists; changing designations to podiatry and podiatrists; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 51.040 is hereby amended to read as follows:
51.040 1. A statement of fact or opinion on a subject of science or art contained in a published treatise, periodical, book or pamphlet shall, in the discretion of the court, and if the court finds that it is relevant and that the writer of such statement is recognized in his profession or calling as an expert on the subject, be admissible in actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, osteopathic physicians or surgeons, chiropractors, [chiropodists,] podiatrists, naturopathic physicians, hospitals and sanitaria, as evidence tending to prove the fact or as opinion evidence.
2. The party intending to offer as evidence any such statement shall, not less than 3 days before the trial of the action, give the adverse party notice of such intention, stating the name of the writer of the statement and the title of the treatise, periodical, book or pamphlet in which it is contained.
Sec. 2. NRS 454.090 is hereby amended to read as follows:
454.090 1. Dealers, manufacturers and pharmacists and exempted from the registration of the sale of any poison enumerated in Schedule A or the additions thereto when sold:
(a) To a registered pharmacist, physician, dentist, [chiropodist] podiatrist or veterinary surgeon duly licensed to practice in the state;
(b) To a manufacturer or wholesaler;
(c) To a research, teaching or testing laboratory; or
(d) To other established, legitimate users in chemical or technical arts.
2. The provisions of NRS 454.010 to 454.170, inclusive, shall not apply to the sale of any poison upon the prescriptions of practicing physicians, dentists, [chiropodists] podiatrists or veterinary surgeons who are licensed to practice in this state.
Sec. 3. NRS 454.190 is hereby amended to read as follows:
454.190 Administer means the furnishing:
1. By a physician and surgeon, dentist, [chiropodist] podiatrist or veterinarian to his patient of such amount of drugs or medicines referred to in NRS 454.180 to 454.450, inclusive, as are necessary for the immediate needs of the patient; or
2. By a nurse pursuant to a hospital chart order of individual doses of a drug or medicine:
(a) From an original container which has been furnished as floor or ward stock by a hospital pharmacy;
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a physician, dentist, [chiropodist] podiatrist or veterinarian.
κ1969 Statutes of Nevada, Page 903 (CHAPTER 527, SB 441)κ
Sec. 4. NRS 454.230 is hereby amended to read as follows:
454.230 Dispense means the furnishing of:
1. Drugs by a registered pharmacist upon the legal prescription from a physician, dentist, [chiropodist] podiatrist or veterinarian; or
2. Drugs or medicines to a patient personally by a physician, dentist, [chiropodist] podiatrist or veterinarian in any amount greater than that which is necessary for the present and immediate needs of the patient.
Sec. 5. NRS 454.310 is hereby amended to read as follows:
454.310 1. No person shall furnish any dangerous drug except upon the prescription of a physician, dentist, [chiropodist] podiatrist or veterinarian.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by a physician, dentist, [chiropodist] podiatrist or veterinarian to his own patients as provided in NRS 454.375 or by a manufacturer or wholesaler or pharmacy to each other or to a physician, dentist, [chiropodist] podiatrist or veterinarian or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.
Sec. 6. NRS 454.345 is hereby amended to read as follows:
454.345 1. Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any physician, dentist, [chiropodist] podiatrist or veterinarian who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.
2. Such records shall be retained for a period of 3 years and shall be open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration. No special form of record is required provided that an accurate accountability can be furnished with a reasonable time after a demand by a person authorized to inspect such records.
3. Invoices showing all purchases of dangerous drugs shall be considered as a complete record of all dangerous drugs received. Invoices showing the purchase of depressant or stimulant drugs, including barbiturates, amphetamines or desoxyephedrine, or any other drug or drugs so designated by the Federal Drug Administration, must include the federal registration number of the furnisher.
4. For the purpose of this section, the prescription files of a pharmacy shall constitute a record of the disposition of all dangerous drugs.
Sec. 7. NRS 454.350 is hereby amended to read as follows:
454.350 1. All stock and records of purchase and disposition of any dangerous drug of a manufacturer, wholesaler, pharmacy, physician, dentist, [chiropodist,] podiatrist, veterinarian, hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to its members shall be at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the board, inspectors of the Food and Drug Administration, and agents and commissioners appointed under chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act. Such records shall be preserved for at least 3 years from the date of making.
2. Any person who fails, neglects or refuses to maintain such records or who, when called upon by an authorized officer to produce such records, fails, neglects or refuses to produce such records, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.
κ1969 Statutes of Nevada, Page 904 (CHAPTER 527, SB 441)κ
or who, when called upon by an authorized officer to produce such records, fails, neglects or refuses to produce such records, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.
Sec. 8. NRS 454.375 is hereby amended to read as follows:
454.375 1. The provisions of NRS 454.180 to 454.450, inclusive, do not apply to a physician, dentist, [chiropodist] podiatrist or veterinarian who dispenses drugs and who personally furnishes his own patients with such drugs as are necessary in the treatment of the condition for which he attends such patient, if:
(a) He keeps accurate records, as required by NRS 454.345, of all drugs so furnished; and
(b) The drugs so furnished are clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use and the expiration date of the effectiveness of the drug, if such information is required on the original label of the manufacturer of such drug; and
(c) Such drugs are not dispensed or furnished by a nurse or attendant.
2. A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of such rancher or dealer, and when furnishing such drugs the veterinarian is not required to comply with the provisions of subsection 1.
Sec. 9. NRS 454.395 is hereby amended to read as follows:
454.395 1. Except as otherwise provided in this section, every person who possesses any drug defined in NRS 454.220, except that furnished to such person by a pharmacist pursuant to a legal prescription of a physician, dentist, [chiropodist] podiatrist or veterinarian, is guilty of a gross misdemeanor. If such person has been twice previously convicted of any offense:
(a) Described in this section; or
(b) Under any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,
he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. No prescription is required for possession of such drugs by pharmacists, physicians, dentists, [chiropodists,] podiatrists, veterinarians, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in such drugs when such drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable amount for use solely in the treatment of livestock on his own premises.
Sec. 10. NRS 629.120 is hereby amended to read as follows:
629.120 This chapter shall not be construed as applying to:
1. Dentists, dental hygienists, pharmacists, nurses, optometrists, [chiropodists] podiatrists and Christian Science practitioners practicing within the limits of their respective callings.
2. Any person licensed to practice the healing art or any branch thereof in Nevada on March 24, 1951.
κ1969 Statutes of Nevada, Page 905 (CHAPTER 527, SB 441)κ
3. Any person specifically permitted by law to practice without a license, who practices within the limits of the privilege thus granted to him.
Sec. 11. NRS 630.360 is hereby amended to read as follows:
630.360 1. This chapter shall not apply to:
(a) The practice of dentistry, osteopathy, chiropractic, [chiropody,] podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine, or the practice of an herbalist.
(b) Commissioned physicians and surgeons of of United States Army, Navy, Air Force, or United States Indian Service, or the Veterans Administration, in the discharge of their official duties.
(c) Professional or other nurses in the discharge of their duties as nurses.
(d) Physicians who are called into this state for consultation, and who are legally qualified to practice in the state where they reside.
2. This chapter shall not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. Nothing in this chapter shall be construed to prohibit:
(a) Gratuitous services of druggists or other persons in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 12. NRS 634.220 is hereby amended to read as follows:
634.220 Nothing in this chapter shall be construed to permit a chiropractor to practice medicine, surgery, obstetrics, osteopathy, dentistry, optometry or [chiropody,] podiatry, or to administer or prescribe drugs.
Sec. 13. NRS 635.010 is hereby amended to read as follows:
635.010 For the purpose of this chapter:
1. Board means the state board of [chiropody.] podiatry.
2. [Chiropody] Podiatry (sometimes called [podiatry)] chiropody) is the diagnosis and the medical, surgical, mechanical, manipulative and electrical treatment of all ailments of the human foot and leg not in connection with the practice of another licensed profession, excepting amputation of the foot or leg or the administration of an anesthetic other than local. The following is an explanation of the terms defining [chiropody:] podiatry:
(a) Diagnosis means to ascertain a disease or ailment by its general symptoms.
(b) Electrical treatment means the administration of electricity to the foot or leg by means of electrodes, machinery, rays and the like.
(c) Manipulative treatment means the use of the hand or machinery in the operation or working upon the foot or leg and its articulations.
(d) Mechanical treatment means application of any mechanical appliance made of steel, leather, felt or any material to the foot or leg or in the shoe for the purpose of treating any disease, deformity or ailment.
(e) Medical treatment means the application to or prescription for the foot or leg of medicines, pads, adhesives, felt, plasters or any medicinal agency.
(f) Surgical treatment means the use of any cutting instrument to treat a disease, ailment or condition.
3. Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number the plural number.
κ1969 Statutes of Nevada, Page 906 (CHAPTER 527, SB 441)κ
Sec. 14. NRS 635.020 is hereby amended to read as follows:
635.020 1. There is hereby established a state board of [chiropody] podiatry for the State of Nevada. The board shall consist of three members to be selected from registered and licensed [chiropodists] podiatrists of the State of Nevada. Each member shall be appointed by the governor for a term of 4 years, except that the terms of the first appointees shall be from 1 to 4 years, respectively, as specified by the governor at the time of the appointment.
2. The members of the board shall receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on the business of the board.
Sec. 15. NRS 635.050 is hereby amended to read as follows:
635.050 1. Any person desiring to practice [chiropody] podiatry in this state shall furnish the board with satisfactory proof that he:
(a) Is 21 years of age or over.
(b) Is of good moral character.
(c) Is a citizen of the United States.
(d) Has received at least 4 years of high school training or the equivalent thereof, as determined by the board.
(e) Has received a diploma or certificate of graduation from a reputable school of [chiropody] podiatry conferring the degree of D.S.C. (Doctor of Surgical Chiropody) or an equivalent degree referring to podiatry recognized and approved by the board and having a minimum requirement for graduation of 4 scholastic years or 3 scholastic years and 1 year in an accredited college.
2. Upon the payment of a fee of $50 to the board, and making satisfactory proof as required by subsection 1, the applicant shall be examined by the board or a committee thereof under such rules and regulations as the board may determine.
Sec. 16. NRS 635.060 is hereby amended to read as follows:
635.060 1. The board shall hold two examinations annually for the purpose of examining applicants under this chapter. The examinations shall be held at such time and place as the board may see fit.
2. The board shall provide such books, blanks and forms as may be necessary to conduct the examinations.
3. Examinations for registration under this chapter shall be in the English language, written, oral or clinical, as the board may determine, and shall be in the following subjects: Anatomy, bacteriology, chemistry, clinical [chiropody,] podiatry, diagnosis and treatment, pathology, physiology, surgery, and in such other subjects pertaining to the treatment of the foot and leg as the board within its discretion may determine.
4. No applicant shall be granted a certificate unless he attains a general average of 75 percent or over and not less than 50 percent in any one subject.
Sec. 17. NRS 635.070 is hereby amended to read as follows:
635.070 Without unnecessary delay after examinations, the board shall act on the same. If the applicant is found qualified, he shall be registered and licensed to practice [chiropody,] podiatry, and shall receive in testimony thereof a certificate signed by the president and the secretary-treasurer of the board.
κ1969 Statutes of Nevada, Page 907 (CHAPTER 527, SB 441)κ
in testimony thereof a certificate signed by the president and the secretary-treasurer of the board.
Sec. 18. NRS 635.080 is hereby amended to read as follows:
635.080 The board, under its regulations, may admit, without examination and upon the payment of a fee of $150, a legally qualified practitioner of [chiropody] podiatry who holds a certificate to practice [chiropody] podiatry from any state or territory of the United States or the District of Columbia with educational requirements equal to those of the State of Nevada and which extends like privileges to legally qualified practitioners from this state.
Sec. 19. NRS 635.100 is hereby amended to read as follows:
635.100 Every person practicing [chiropody] podiatry shall, upon receiving the certificate provided for by this chapter, cause the same to be conspicuously displayed at all times in every office maintained by him or in which he practices in this state.
Sec. 20. NRS 635.110 is hereby amended to read as follows:
635.110 1. On or before October 1 in each year, the board shall mail to each person licensed to practice [chiropody] podiatry in this state, at the last-known office or residence address of such person, a blank form of application for registration. The failure to mail such form of application or the failure to receive the same shall not, however, relieve any person of the duty to register and pay the fee required by this section nor exempt such person from the penalties provided by this chapter for failure to register.
2. Every person duly licensed to practice [chiropody] podiatry in this state shall annually on or before October 31 apply to the board for a certificate of registration for the ensuing year. The application shall be made on the form furnished by the board, and shall state:
(a) The applicants full name and his office and residence address.
(b) The date and number of the license of the applicant issued to him for the practice of [chiropody] podiatry in this state.
(c) Such other facts as shall tend to identify the applicant and his license to practice [chiropody] podiatry in this state as the board shall deem necessary.
3. Each applicant for registration under this section shall submit with his application a registration fee to be paid to the secretary-treasurer of the board for the year for which registration is sought. If the application is filed and the fee paid prior to November 1 at the beginning of the year for which registration is sought, the fee shall be $10. If the application is filed and the fee paid after November 1, the amount of the fee shall be $10 plus an additional $2 for each month or part of a month from November 1 of such year to the date when the application is filed and the fee paid.
4. Upon due application therefor and upon submission by such person of evidence satisfactory to the board that the person is licensed to practice [chiropody] podiatry in this state, and upon the payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board. The certificate shall recite that the person named therein is duly registered for the year specified. The certificate shall contain the name of the person to whom it is issued and the office address and residence address of such person, the date and number of the license issued to such person to practice [chiropody,] podiatry, and such other information as the board shall deem advisable.
κ1969 Statutes of Nevada, Page 908 (CHAPTER 527, SB 441)κ
date and number of the license issued to such person to practice [chiropody,] podiatry, and such other information as the board shall deem advisable.
Sec. 21. NRS 635.120 is hereby amended to read as follows:
635.120 1. Any person licensed to practice [chiropody] podiatry in this state and who has retired or may hereafter retire from practice shall not be required to register as required by this chapter. Such a person shall file with the board an affidavit, on a form to be furnished by the board, stating the date on which the person retired from practice and other facts deemed necessary by the board as shall tend to verify such retirement.
2. If such person thereafter reengages in the practice of [chiropody] podiatry he shall register with the board as provided in this chapter.
Sec. 22. NRS 635.130 is hereby amended to read as follows:
635.130 The board may revoke any certificate it has issued, and cause the name of the holder to be stricken from the registration book by the county clerk in the county in which the name of the person whose certificate is revoked is registered for any of the following causes:
1. The willful betrayal of a professional secret.
2. The making of a false statement in an affidavit required of the applicant for application, examination and registration under this chapter.
3. Lending the use of ones name to an unregistered [chiropodist.] podiatrist.
4. Habitual indulgence in the use of narcotics, ardent spirits, stimulants or any other substance which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the person in the performance of his professional duties.
5. Conviction of a crime involving moral turpitude.
6. Conduct which in the opinion of the board disqualifies him to practice with safety to the public.
Sec. 23. NRS 635.140 is hereby amended to read as follows:
635.140 The board may suspend any certificate issued by it for an indefinite period, to be fixed by the board, for misconduct on the part of a registered [chiropodist] podiatrist which would not in the judgment of the board justify a revocation of the certificate.
Sec. 24. NRS 635.160 is hereby amended to read as follows:
635.160 1. This chapter shall not apply:
(a) To persons who have been practicing [chiropody] podiatry in this state continuously for a period of 6 months prior to March 26, 1949, provided it can be satisfactorily shown to the board that such practice was in compliance with the law.
(b) To commissioned surgeons of the United States Army, Navy or Marine Hospital Service in the actual performance of their official duties.
(c) To regularly licensed physicians in the State of Nevada.
(d) To a visiting [chiropodist] podiatrist called into consultation in this state from another state where he is duly qualified under the laws of that state to practice [chiropody.] podiatry.
2. Nothing in this chapter shall prohibit the manufacture, recommendation, advertisement, demonstration or sale of arch-support shoes, foot appliances or remedies by retail dealers.
3. Any diagnosis or treatment by any person not receiving direct compensation therefor shall not come within the provisions of this chapter.
κ1969 Statutes of Nevada, Page 909 (CHAPTER 527, SB 441)κ
compensation therefor shall not come within the provisions of this chapter.
Sec. 25. NRS 635.170 is hereby amended to read as follows:
635.170 1. City police departments and the sheriff of each county shall:
(a) See that all practitioners of [chiropody] podiatry in this state are legally registered according to the provisions of this chapter.
(b) Report all violations of this chapter to the district attorney of the county wherein the violation occurs.
2. The district attorney shall promptly prosecute any person violating the provisions of this chapter.
Sec. 26. NRS 635.180 is hereby amended to read as follows:
635.180 Every person who shall practice [chiropody] podiatry as defined in this chapter without having complied with the provisions of this chapter shall be fined not more than $100 for each offense.
Sec. 27. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical, dental, [chiropody] podiatry or veterinarian practitioner, unless he is a registered pharmacist under the provisions of this chapter.
2. Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person shall act as a manufacturer or wholesaler unless he has obtained a permit from the board.
3. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers dangerous drugs, as defined in NRS 454.220, which are intended, designed and labeled For Veterinary Use Only is subject to the provisions of this chapter, and such person shall not furnish, sell or offer to sell such dangerous drugs until he has obtained a permit from the board.
4. Each application for such permit shall be made on a form furnished by the board and no application shall be considered by the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to such applicant. Each permit shall be issued to a specific person for a specific location, and shall be renewed annually before July 1 of each year.
Sec. 28. NRS 639.232 is hereby amended to read as follows:
639.232 1. The board shall not issue any new license to conduct a pharmacy:
(a) To any physician, dentist, [chiropodist,] podiatrist, veterinarian or other person authorized by the laws of this state to prescribe; or
(b) To any partnership, corporation or association in which any such person has any beneficial interest.
2. This section does not:
(a) Apply to a hospital pharmacy; or
κ1969 Statutes of Nevada, Page 910 (CHAPTER 527, SB 441)κ
(b) Prohibit ownership of a building in which a pharmacy is located, if space for such pharmacy is rented at the prevailing rate. Such rental may be a flat monthly rental, a percentage of gross receipts, or a combination of these methods.
Sec. 29. NRS 639.235 is hereby amended to read as follows:
639.235 1. No person other than a physician, dentist, [chiropodist] podiatrist or veterinarian holding a currently valid and unrevoked license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a physician not licensed to practice in this state but authorized by the laws of another state to prescribe shall be considered to be a legal prescription if ordering a drug which is considered necessary for the continuation of treatment of a chronic illness.
2. If a prescription, written by a physician not licensed to practice in this state, calls for a narcotic drug, it shall be the responsibility of the registered pharmacist who is to fill the prescription to establish that the prescription is authentic and that a bona fide doctor-patient relationship did exist at the time the prescription was written.
Sec. 30. 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 or [chiropody.] podiatry.
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.
Sec. 31. NRS 692.105 is hereby amended to read as follows:
692.105 1. No group accident and health policy, policy of accident and sickness insurance issued for delivery to an individual, or individual policy of accident and health insurance issued to a debtor, issued after April 12, 1967, in or for delivery in this state may contain any provision denying to an insured the free choice of any [chiropodist] podiatrist licensed under chapter 635 of NRS to perform any medical or surgical service or procedure covered by the policy which such [chiropodist] podiatrist is entitled by his license to perform.
2. Any such provision contained in any such policy is void, but shall not affect the validity of any other provision of the policy.
Sec. 32. NRS 692.135 is hereby amended to read as follows:
692.135 As used in any policy of accident and sickness insurance delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto:
1. Accidental death means death by accident exclusively and independently of all other causes.
κ1969 Statutes of Nevada, Page 911 (CHAPTER 527, SB 441)κ
2. Confinement to house or house confinement includes the activities of a convalescent not able to be gainfully employed.
3. Medical or surgical services includes services rendered by:
(a) A [chiropodist] podiatrist licensed pursuant to the provisions of chapter 635 of NRS.
(b) A chiropractic physician licensed pursuant to the provisions of chapter 634 of NRS.
4. Total disability means inability to perform the duties of any gainful occupation for which the insured is reasonably fitted by training, experience and accomplishment.
Sec. 33. 1. Wherever there appears in any section of Nevada Revised Statutes or in any chapter of Statutes of Nevada 1969 the designation chiropody, such designation shall be deemed to be podiatry.
2. Wherever there appears in any section of Nevada Revised Statutes or in any chapter of Statutes of Nevada 1969 the designation chiropodist, such designation shall be deemed to be podiatrist.
3. In preparing the 1969 supplement to Nevada Revised Statutes, the legislative counsel shall make changes in Nevada Revised Statutes to conform to subsections 1 and 2.
________
Senate Bill No. 493Senator Monroe
CHAPTER 528
AN ACT relating to the unincorporated town of Jackpot; providing for the acquisition, improvement, equipment, repair, operation and maintenance by the town of a golf course, other recreational facilities and appurtenances; providing for the issuance of bonds and other securities, constituting general obligations, to defray wholly or in part the cost of the construction and other acquisition of such facilities and appurtenances; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the town, such facilities, such securities, the taxes and other revenues for their payment, their proceeds, other moneys, and pledges and liens pertaining thereto, including without limitation by reference to the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the Local Government Securities Law; but the following terms whenever used or referred to in this act and in the Local Government Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 7, inclusive, of this act.
Sec. 2. Equip or equipment means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to the project or any interest therein, as authorized in this act.
κ1969 Statutes of Nevada, Page 912 (CHAPTER 528, SB 493)κ
Sec. 3. Facilities means golf course facilities, locker and shower facilities, tennis facilities, swimming pool facilities, other playground equipment, restaurant and tavern facilities, sports equipment and apparel shop, lounge, and other club house facilities, or any combination thereof, equipment, furnishings, fixtures and structures therefor, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, consisting of all properties, real, personal, mixed, or otherwise, now owned or hereafter acquired by the municipality, through purchase, construction or otherwise, and used in connection with such facilities of the municipality, and in any way pertaining thereto.
Sec. 4. Governing body means the board of county commissioners of the county of Elko acting as the legislative body of the municipality.
Sec. 5. Gross revenues or gross pledged revenues means all income and revenues derived directly or indirectly by the municipality from the operation and use of and otherwise pertaining to the facilities, or any part thereof, whether resulting from repairs, enlargements, extensions, betterments or other improvements to the facilities, or otherwise, and includes all revenues received by the municipality from the facilities, including without limitation all rentals, fees, rates and other charges for the use or disposal of the facilities, or for any service rendered by the municipality in the operation thereof, directly or indirectly, but excluding any moneys borrowed and used for the acquisition of capital improvements, and excluding any moneys received as grants, appropriations or gifts from the Federal Government, the state, or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for the facilities, except to the extent any such moneys shall be received as payments for the use or disposal of the facilities.
Sec. 6. Municipality means the body corporate and politic designated as the unincorporated town of Jackpot, in the county of Elko.
Sec. 7. Project means the construction and other acquisition of facilities.
Sec. 8. 1. The municipality, action by and through its governing body, is authorized by this act, as supplemental by the provisions of the Local Government Securities Law, without any election or other or further preliminaries:
(a) To acquire, improve, equip, repair, operate and maintain facilities situate within or without, or both within and without, the corporate limits of the municipality, but solely within the boundaries of the county of Elko;
(b) To borrow money and otherwise to become obligated in a total principal amount of not exceeding $150,000 and to evidence such obligations by the issuance of bonds and other securities of the municipality, constituting general obligations, and independent of any debt limitation or other restriction, except as is otherwise provided in this act and in the Local Government Securities Law, in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the governing body may determine, for the purpose of defraying wholly or in part the cost of the project; and
(c) To exercise the incidental powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as therein and herein otherwise expressly provided.
κ1969 Statutes of Nevada, Page 913 (CHAPTER 528, SB 493)κ
2. Nothing in this act shall be construed as preventing the governing body, on the behalf and in the name of the municipality, from funding, refunding or reissuing any securities of the municipality at any time as provided in the Local Government Securities Law.
Sec. 9. The securities authorized by this act may be issued as:
1. General obligation bonds and other general obligation securities, payable from taxes; or
2. General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues; or
3. Any combination of such securities.
Sec. 10. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 11. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 12. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 13. This act shall become effective upon passage and approval.
________
Senate Bill No. 502Senator Dodge
CHAPTER 529
AN ACT relating to gaming; authorizing refunds of erroneously collected gaming license fees; and providing other matters properly relating thereto.
[Approved April 22, 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 a new section which shall read as follows:
State gaming license fees erroneously collected may be refunded, upon the approval of the commission, as other claims against the state are paid.
Sec. 2. The legislature hereby ratifies all refunds of erroneously collected license fees for state gaming licenses made prior to the effective date of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 914κ
Senate Bill No. 510Senators Pozzi and Swobe
CHAPTER 530
AN ACT making a supplemental appropriation from the general fund in the state treasury to the Nevada Tahoe regional planning agency for the fiscal year ending June 30, 1969; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. For the fiscal year ending June 30, 1969, there is hereby appropriated from the general fund in the state treasury the sum of $45,000 for the support of the Nevada Tahoe regional planning agency as an additional and supplemental appropriation to that allowed and made by section 45 of chapter 52, Statutes of Nevada 1969.
2. If on July 1, 1969, any unencumbered balance remains of the moneys herein appropriated, such unencumbered balance shall not revert to the general fund but shall continue to be held for the support of such agency for the fiscal year ending June 30, 1970.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 688Committee on Health and Welfare
CHAPTER 531
AN ACT providing a restriction on the styling of hairpieces; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any establishment in which hairpieces are sold may set or style a new hairpiece on a person in preparation for retail sale. After such sale the hairpiece may only be set or styled by a licensed cosmetologist.
2. A used hairpiece shall be cleaned by a licensed cosmetologist before being sold or tried on a customer.
3. This section does not prohibit a licensed barber from performing any service with respect to hairpieces which a licensed cosmetologist may perform.
________
κ1969 Statutes of Nevada, Page 915κ
Assembly Bill No. 321Mr. Homer
CHAPTER 532
AN ACT relating to mental health; changing the designation of the mental hygiene division and the mental hygiene advisory board of the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of health, welfare and rehabilitation is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Alcoholism division.
(b) Childrens home division.
(c) Health division.
(d) Mental hygiene and mental retardation division.
(e) Nevada girls training center division.
(f) Nevada youth training center division.
(g) Rehabilitation division.
(h) Services to the blind division.
(i) Welfare division.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the childrens home division shall be known as the superintendent of the Nevada state childrens home, the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427, inclusive, 430 to 433, inclusive, 436, 439 to 447, inclusive, 449, 450 and 615 of NRS, and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Have such other powers and duties as provided by law.
κ1969 Statutes of Nevada, Page 916 (CHAPTER 532, AB 321)κ
Sec. 3. NRS 281.115 is hereby amended to read as follows:
281.115 The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries in the amounts set forth following their specified titles:
Adjutant generals office:
Adjutant general........................................................................................ $15,000
Liaison officer............................................................................................. 7,920
Deputy adjutant general........................................................................... 7,200
Security officer........................................................................................... 3,660
Attorney generals office:
Chief deputy attorney general................................................................. 16,000
Chief assistant............................................................................................ 14,548
Chief counsel, department of highways................................................. 14,500
Deputy, Nevada gaming commission..................................................... 14,000
Deputy, welfare division, department of health, welfare and rehabilitation 14,000
Deputy, department of commerce............................................................ 12,800
Deputy, state department of conservation and natural resources..... 12,800
Deputies, department of motor vehicles................................................. 11,400
Deputies, four in number, the total annual salaries of whom shall not exceed 46,400
Legal analyst............................................................................................... 11,500
Investigator................................................................................................. 11,000
Colorado River commission of Nevada:
Secretary...................................................................................................... 14,400
Department of administration:
Director........................................................................................................ 18,000
Budget division:
Deputy budget administrator......................................................... 13,860
Chief assistant budget administrator............................................ 11,500
Buildings and grounds division:
Superintendent of buildings and grounds................................... 11,500
Deputy superintendent of buildings and grounds..................... 8,700
Chief assistant.................................................................................. 8,490
Marlette Lake water system supervisor........................................ 6,900
Central data processing division:
Chief................................................................................................... 14,700
Purchasing division:
Chief................................................................................................... 13,860
Department of civil defense and disaster assistance:
Director of civil defense and disaster assistance.................................. 11,000
Department of commerce:
Director........................................................................................................ 17,600
Banking division:
Superintendent of banks................................................................. 15,000
Assistant superintendent of banks............................................... 11,500
Insurance division:
Commissioner of insurance............................................................. 15,000
Chief deputy commissioner of insurance..................................... 11,500
Chief assistant.................................................................................. 9,540
κ1969 Statutes of Nevada, Page 917 (CHAPTER 532, AB 321)κ
Real estate division:
Real estate administrator................................................................. $12,600
Chief investigator............................................................................. 9,660
Chief assistant.................................................................................. 7,800
Special investigator.......................................................................... 7,800
Savings and loan division:
Commissioner of savings associations......................................... 15,000
Deputy commissioner of savings associations........................... 11,500
Chief assistant.................................................................................. 8,700
Department of economic development:
Director........................................................................................................ 12,000
Deputy director.......................................................................................... 8,640
Department of health, welfare and rehabilitation:
Director........................................................................................................ 17,600
Alcoholism division:
Administrator.................................................................................... 10,460
Childrens home division:
Superintendent................................................................................. 10,500
Chief assistant.................................................................................. 5,970
Mental hygiene and mental retardation division:
Superintendent and medical director of the Nevada state hospital ................................................................................................... 26,000
Nevada girls training center division:
Superintendent................................................................................. 13,225
Nevada youth training center division:
Superintendent................................................................................. 13,225
Rehabilitation division:
OASI medical consultant (one-half time)...................................... 11,000
Department of highways:
State highway engineer............................................................................. 19,000
Deputy highway engineer........................................................................ 17,900
Department of motor vehicles:
Director........................................................................................................ 14,200
Deputy director.......................................................................................... 11,500
Employment security department:
Executive director....................................................................................... 16,000
Governors office:
Administrative assistant........................................................................... 18,400
Special assistant......................................................................................... 14,000
Press officer................................................................................................ 12,000
Secretary...................................................................................................... 8,400
Administrative secretary........................................................................... 7,082
Receptionist................................................................................................ 6,300
Principal clerk-stenographers, three in number, the total annual salaries of whom shall not exceed................................................................................ 17,487
Senior clerk stenographer......................................................................... 4,813
Indian affairs commission:
Executive director....................................................................................... 7,500
Labor commissioners office:
Labor commissioner................................................................................... 11,500
Deputy labor commissioner...................................................................... 8,400 Lost City Museum:
κ1969 Statutes of Nevada, Page 918 (CHAPTER 532, AB 321)κ
Lost City Museum:
Curator......................................................................................................... $7,236
Attendant.................................................................................................... 3,000
Relief attendant.......................................................................................... 360
Nevada athletic commission:
Executive secretary.................................................................................... 8,400
Nevada commission on equal rights of citizens:
Secretary...................................................................................................... 10,500
Assistant secretary.................................................................................... 7,500
Nevada commissioner for veteran affairs:
Commissioner............................................................................................. 10,500
Deputy commissioner................................................................................ 9,500
Nevada gaming commission:
Executive secretary.................................................................................... 15,000
Research and planning: Certified or registered public accountants, each 14,000
Assistant executive secretary.................................................................. 10,909
Tax administrators I................................................................................... 10,381
Tax administrators II.................................................................................. 9,404
Confidential secretaries............................................................................. 8,137
Tax and license examiners......................................................................... 7,583
Tax and license examiners......................................................................... 6,738
Research assistants................................................................................... 7,055
Program specialists.................................................................................... 6,738
Administrative assistants......................................................................... 6,738
Nevada historical society:
Executive secretary.................................................................................... 8,700
Assistant executive secretary.................................................................. 6,600
Research librarian....................................................................................... 3,000
Nevada industrial commission:
Chairman...................................................................................................... 16,000
Commissioner representative of labor.................................................... 13,860
Commissioner representative of employers........................................... 13,860
Nevada state prison:
Warden........................................................................................................ 15,000
Deputy warden........................................................................................... 12,600
Nevada state museum:
Director........................................................................................................ 10,000
Curator of biology...................................................................................... 8,400
Exhibit technician....................................................................................... 5,700
Nevada tax commission:
Secretary...................................................................................................... 16,000
Office of economic opportunity:
Director........................................................................................................ 15,000
Deputy director.......................................................................................... 9,500
Public employees retirement board:
Executive secretary.................................................................................... 16,000
Assistant executive secretary.................................................................. 10,940
Public service commission of Nevada:
Chairman...................................................................................................... 16,000
Commissioners (other than chairman) each........................................... 14,400
Branch manager.......................................................................................... 10,440 Secretary of states office:
κ1969 Statutes of Nevada, Page 919 (CHAPTER 532, AB 321)κ
Secretary of states office:
Deputy secretary of state......................................................................... $11,000
Deputy secretary of state (securities)..................................................... 11,000
Chief assistant............................................................................................ 6,900
State board of fish and game commissioners:
State director of fish and game................................................................ 14,520
State board of parole commissioners:
Chief parole and probation officer........................................................... 13,500
State controllers office:
Deputy state controller............................................................................. 11,000
Accountant................................................................................................. 9,000
State department of conservation and natural resources:
Director........................................................................................................ 17,600
Assistant director...................................................................................... 14,700
Assistant director (federal land laws)..................................................... 14,700
Division of water resources:
State engineer................................................................................... 14,700
District supervisor, water commissioners (one-half time).......... 6,600
Division of forestry:
State forester firewarden................................................................. 12,500
Division of state parks:
Administrator of the Nevada state park system.......................... 12,500
Deputy administrator....................................................................... 11,000
State department of education:
Superintendent of public instruction...................................................... 20,000
First assistant superintendent of public instruction............................ 16,000
Assistant superintendent of public instruction for administration.... 15,000
State gaming control board:
Members, each........................................................................................... 15,840
Audit division:
Chief................................................................................................... 14,400
Agents............................................................................................... 11,464
Agents............................................................................................... 10,909
Agents............................................................................................... 8,533
Agents............................................................................................... 7,900
Statistical analysts........................................................................... 5,814
Enforcement divisions:
Chief................................................................................................... 13,945
Agents............................................................................................... 10,909
Agents (electronics)........................................................................ 10,645
Agents............................................................................................... 10,381
Agents............................................................................................... 9,880
Agents............................................................................................... 9,404
Agents............................................................................................... 8,956
Agents............................................................................................... 8,533
Statistical analysts........................................................................... 6,104
κ1969 Statutes of Nevada, Page 920 (CHAPTER 532, AB 321)κ
Investigative division:
Chief...................................................................................................... $14,400
Agents.................................................................................................. 12,652
Agents.................................................................................................. 11,474
Agents.................................................................................................. 11,464
Agents.................................................................................................. 10,909
Agents.................................................................................................. 8,137
Temporary investigators, the total annual salaries of whom shall not exceed......................................................................................................... 17,500
Office services:
Manager, Carson City......................................................................... 12,696
Manager, Las Vegas........................................................................... 10,968
Public information officer................................................................... 12,696
Files supervisor................................................................................... 7,398
Administrative assistant.................................................................... 7,213
Confidential secretary......................................................................... 6,104
Administrative assistant.................................................................... 6,104
Legal researcher (one-half time)........................................................ 2,923
State planning board:
Manager and technical supervisor.......................................................... 16,000
Deputy manager......................................................................................... 13,860
State printing office:
Chief assistant............................................................................................ 6,324
State treasurers office:
Deputy state treasurer............................................................................... 11,000
Chief assistant............................................................................................ 7,200
Sec. 4. NRS 433.010 is hereby amended to read as follows:
433.010 As used in NRS 433.010 to 433.640, inclusive:
1. Division means the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation.
2. Hospital means the Nevada state hospital.
[2. Mental hygiene division means the mental hygiene division of the department of health, welfare and rehabilitation.]
3. Superintendent means the superintendent and medical director of the Nevada state hospital.
Sec. 5. NRS 433.015 is hereby amended to read as follows:
433.015 The provisions of NRS 433.010 to 433.640, inclusive, shall be administered by the superintendent, subject to administrative supervision by the administrator of the [mental hygiene] division.
Sec. 6. NRS 433.120 is hereby amended to read as follows:
433.120 The superintendent shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:
1. To exercise general supervision of, and make and revise rules and regulations for, the government of the hospital.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital.
3. To make reports to the administrator of the [mental hygiene] division, and to supply the administrator with material on which to base proposed legislation.
κ1969 Statutes of Nevada, Page 921 (CHAPTER 532, AB 321)κ
4. To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the hospital.
6. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 433.010 to 433.640, inclusive.
7. To cause to be kept a fair and full account of all medical affairs.
8. To perform neurological and psychiatric examinations of persons committed to the Nevada state prison, the Nevada state childrens home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.
9. To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
10. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
11. To submit a biennial report to the administrator of the [mental hygiene] division on the condition, operation and functioning of the hospital, and anticipated needs of the hospital.
12. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and to take all steps necessary to establish clear title thereto on behalf of the state.
13. To lease, with the consent of the administrator of the [mental hygiene] division, all or any part of any land known or presumed to belong to the State of Nevada for the use of the hospital for such consideration and upon such terms as the superintendent and the administrator may deem to be in the best interests of the hospital and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
Sec. 7. NRS 433.410 is hereby amended to read as follows:
433.410 1. The daily or monthly rate for the subsistence and care of committed persons shall be determined by the superintendent and shall be payable monthly in advance. In determining the rate to be charged the superintendent shall consider the actual cost of a patients care and the ability of a patient to pay.
2. The cost of transportation to the hospital shall be payable with the first monthly payment.
3. The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.
4. Previously determined payments may be decreased or increased by the superintendent if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.
κ1969 Statutes of Nevada, Page 922 (CHAPTER 532, AB 321)κ
the superintendent if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.
5. Rates of pay determined by the superintendent may be appealed to and reviewed by the administrator of the [mental hygiene] division. After review, the administrator may modify the determination of the superintendent.
6. Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the hospital shall be additional charges against responsible relatives or the estate of the committed person.
7. The unused portion of advance payments shall be refundable to the source of payment in the event of the committed persons death, parole or discharge from the hospital.
Sec. 8. NRS 433.697 is hereby amended to read as follows:
433.697 1. If a person ordered committed to the Nevada state hospital or other facility operated by the [mental hygiene] division by the court pursuant to NRS 433.695 is found by the court not to be a resident of the State of Nevada and to be a resident of another place, he shall be transferred to the state of his residence if an appropriate institution of that state is willing to accept him.
2. The approval of the superintendent shall be obtained before any transfer is made pursuant to subsection 1.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 433.701 is hereby amended to read as follows:
433.701 1. If any person, made liable for the maintenance of a mentally ill person under NRS 433.700, fails to provide or pay for such maintenance, the administrator of the [mental hygiene] division shall petition the district court of the county in which such patient is hospitalized for a citation to show cause why such person should not be adjudged to pay a portion or all of the expenses of maintenance of such patient. The citation shall be served at least 10 days before the hearing thereon.
2. If, upon the hearing as authorized under subsection 1, it appears to the court that the mentally ill person or the relative determined to be responsible has sufficient estate out of which some or all of the determined amount may be met, the court shall make an order requiring payment by such patient or relative of such sum or sums as it may find he is reasonably able to pay and as may be necessary to provide for the maintenance and treatment of such mentally ill person.
Sec. 11. NRS 433.703 is hereby amended to read as follows:
433.703 1. Any order issued pursuant to NRS 433.701:
(a) Shall require the payment of such sums to the superintendent annually, semiannually, quarterly or monthly as the court may direct.
(b) May be enforced, as provided in chapter 31 of NRS, against any property of the mentally ill person or the person liable or undertaking to maintain him.
2. All sums received by the superintendent pursuant to subsection 1 shall be deposited in the state treasury and may be expended by the [mental hygiene] division for the support of the hospital in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
κ1969 Statutes of Nevada, Page 923 (CHAPTER 532, AB 321)κ
the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 12. NRS 433.709 is hereby amended to read as follows:
433.709 All applications and certificates for the hospitalization of any person in the State of Nevada under NRS 433.645 to 433.739, inclusive, shall be made on forms approved by the [mental hygiene division of the department of health, welfare and rehabilitation] division and the office of the attorney general and furnished by the clerks of the district courts in each county.
Sec. 13. 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,] Assembly Bill No. 475 of the 55th Session of the Nevada legislature 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] Division means the mental hygiene and mental retardation 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. 14. NRS 435.060 is hereby amended to read as follows:
435.060 The [mental hygiene] division is authorized to operate a cottage type group care facility or facilities for the purpose of caring for and maintaining mentally retarded children until such children can live in a more normal situation.
Sec. 15. NRS 435.070 is hereby amended to read as follows:
435.070 The [mental hygiene] division shall be responsible for the administration of all cottage type group care facilities established pursuant to NRS 435.050 to 435.080, inclusive, and may adopt such rules and regulations as it deems necessary for the operation of any such facility.
Sec. 16. NRS 435.075 is hereby amended to read as follows:
435.075 The administrator of the [mental hygiene] division shall establish regulations under which a mentally retarded child who has been committed to the Nevada state hospital may be transferred to a cottage type group care facility.
Sec. 17. NRS 435.080 is hereby amended to read as follows:
435.080 Any mentally retarded child between the ages of 6 and 17, inclusive, whose parent, parents or guardian has been a resident of this state for at least 2 years out of the last 9 years with 1 year immediately prior to application for admission, may be admitted for care and maintenance at a cottage type group care facility:
1. At the request of the parent, parents or guardian of such child upon the approval of the administrator of the [mental hygiene] division; or
κ1969 Statutes of Nevada, Page 924 (CHAPTER 532, AB 321)κ
2. When such a child is committed by a court of competent jurisdiction to the custody of the director of the department of health, welfare and rehabilitation.
Sec. 18. NRS 436.010 is hereby amended to read as follows:
436.010 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the mental hygiene and mental retardation division.
2. Board means the mental hygiene and mental retardation advisory board.
3. Department means the department of health, welfare and rehabilitation.
4. [Mental hygiene division means the mental hygiene] Division means the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation.
Sec. 19. NRS 436.011 is hereby amended to read as follows:
436.011 The [mental hygiene] division shall consist of:
1. The Nevada state hospital.
2. Such other subdivisions as the administrator may, with the approval of the director of the department, from time to time establish.
Sec. 20. NRS 436.013 is hereby amended to read as follows:
436.013 The administrator shall have the following powers and duties:
1. To serve as the executive officer of the [mental hygiene] division.
2. To make a biennial report to the director of the department on the condition and operation of the [mental hygiene] division, and such other reports as the director may prescribe.
3. To appoint a superintendent of the Nevada state hospital, who shall possess the qualifications prescribed in NRS 433.090.
4. To employ, within the limits of available funds in accordance with the provisions of chapter 284 of NRS:
(a) A senior psychiatrist at an annual salary not to exceed $21,000.
(b) Such other assistants and employees as may be necessary to the efficient operation of the [mental hygiene] division.
Sec. 21. NRS 436.014 is hereby amended to read as follows:
436.014 1. There is hereby created the mental hygiene and mental retardation advisory board composed of 11 members appointed by and responsible to the governor, and serving at the pleasure of the governor.
2. Members of the board shall be selected with special reference to their ability and fitness to advise with respect to the duties assigned by law to the [mental hygiene] division. At least two of the members shall have a special interest in the field of mental retardation.
Sec. 22. NRS 436.015 is hereby amended to read as follows:
436.015 1. The members of the board shall meet at such times and at such places as they shall deem necessary; but a meeting of the board shall be held at quarterly intervals. The board shall keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the [mental hygiene] division.
2. For each days attendance at each meeting of the board, the members shall receive per diem expense allowances and travel expenses as fixed by law.
κ1969 Statutes of Nevada, Page 925 (CHAPTER 532, AB 321)κ
3. At the first meeting subsequent to the appointment of any new member, the board shall elect one of its members as chairman.
4. Six members of the board shall constitute a quorum, and such quorum may exercise all powers and authority conferred on the board.
5. The board shall prescribe rules and regulations for its own management and government.
Sec. 23. NRS 436.020 is hereby amended to read as follows:
436.020 The [mental hygiene] division is designated as the official state agency responsible for developing and administering preventive and out-patient mental health services, subject to administrative supervision by the director of the department. It shall function in the following areas:
1. Assisting and consulting with local health authorities in providing community mental health services, which services may include prevention, rehabilitation, case-finding, diagnosis and treatment of the mentally ill, and consultation and education for groups and individuals regarding mental health.
2. Coordinating mental health functions with other state agencies.
3. Participating in and promoting the development of facilities for training personnel necessary for implementing such services.
4. Collecting and disseminating information pertaining to mental health.
5. Performing such other acts as are necessary to promote mental health in the state.
Sec. 24. NRS 436.030 is hereby amended to read as follows:
436.030 The [mental hygiene] division shall from time to time adopt, amend, rescind, execute and enforce such rules and regulations as it may deem necessary for carrying out the provisions of this chapter. Such rules and regulations shall have the force and effect of law.
Sec. 25. NRS 436.050 is hereby amended to read as follows:
436.050 The [mental hygiene] division shall, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for in-patient care of mentally ill patients.
Sec. 26. NRS 436.060 is hereby amended to read as follows:
436.060 The [mental hygiene] division may contract with private physicians to provide in-patient and out-patient care for mentally ill patients when it appears that they can be treated best in that manner.
Sec. 27. NRS 436.070 is hereby amended to read as follows:
436.070 For the purposes of this chapter, the department, through the [mental hygiene] division, may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual, or a group of individuals, but such cooperation shall not of itself relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.
Sec. 28. NRS 436.090 is hereby amended to read as follows:
436.090 Except as otherwise provided in NRS 436.100 to 436.370, inclusive:
1. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund.
κ1969 Statutes of Nevada, Page 926 (CHAPTER 532, AB 321)κ
by direct legislative appropriation from the general fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
2. All moneys in any fund available to the [mental hygiene] division for carrying out the provisions of this chapter shall be paid out on claims approved by the administrator as other claims against the state are paid.
Sec. 29. NRS 436.270 is hereby amended to read as follows:
436.270 1. Subject to appropriations therefor, the state shall pay to each county not more than 50 percent of the net amount expended from county funds on account of expenses subject to reimbursement by the state pursuant to NRS 436.230. To determine the net amount expended, any fees received from patients or other revenues received for services rendered or from donations shall be deducted from the cost of locally provided services.
2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to the mentally retarded in the State of Nevada shall be disbursed through the [mental hygiene] division in accordance with the provisions of NRS 436.100 to 436.370, inclusive, and rules and regulations promulgated in accordance with NRS 436.100 to 436.370, inclusive.
Sec. 30. NRS 436.330 is hereby amended to read as follows:
436.330 The [mental hygiene] division shall administer NRS 436.100 to 436.370, inclusive, and shall adopt standards for approval of local mental health services and rules and regulations necessary thereto, but such standards, rules and regulations shall be adopted only after consultation with and approval by the Nevada conference of local mental health directors. Approval of such standards, rules and regulations shall be by majority vote of those present at an official session.
Sec. 31. NRS 436.340 is hereby amended to read as follows:
436.340 The administrator, after consultation with and approval by the Nevada conference of local mental health directors, shall by regulation establish standards of education and experience for professional and technical personnel employed in local mental health services. Such standards may include the maintenance of records of services, finances and expenditures, which shall be reported to the [mental hygiene] division in such manner and at such times as it may specify. Personnel procedures necessary to permit use of federal funds at local levels of government shall be employed.
Sec. 32. NRS 436.350 is hereby amended to read as follows:
436.350 The [mental hygiene] division, after consultation with and approval by the Nevada conference of local mental health directors may provide for consultant and advisory services and for the training of technical and professional personnel in educational institutions and field training centers approved by the division and for the establishment and maintenance of field training centers in local mental health services.
κ1969 Statutes of Nevada, Page 927 (CHAPTER 532, AB 321)κ
Sec. 33. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Assembly Bill No. 318Washoe-Storey Counties Districts Delegation (By request)
CHAPTER 533
AN ACT relating to county fair and recreation boards in certain counties; authorizing the appropriation and expenditures of moneys for recreational facilities; removing the limitations placed upon the powers of certain county fair and recreation boards upon the creation of county park commissions; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any county having a population of 30,000 or more and less than 120,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board may at any time or from time to time appropriate and authorize the expenditure of moneys derived from any source and under the jurisdiction of the board for recreational facilities as described in NRS 244.640, regardless of any limitations in any transfer to the board of the proceeds of any license taxes or other moneys initially caused to be collected by any political subdivision, but subject to any contractual limitations pertaining to moneys so appropriated and subject to any existing appropriations and any other encumbrances on such moneys to meet obligations existing when such an appropriation is made, accrued or not accrued and determinable or contingent.
Sec. 2. NRS 244.308 is hereby amended to read as follows:
244.308 As used in NRS 244.308 to [244.3092,] 244.3091, inclusive, unless the context requires otherwise:
1. Board means the board of county commissioners and includes the board of supervisors of Carson City.
2. Commission means the county park commission.
3. Commissioner means a member of the commission.
4. Facilities means any recreational or park property authorized by NRS 244.308 to [244.3092,] 244.3091, inclusive.
Sec. 3. NRS 244.3083 is hereby amended to read as follows:
244.3083 The organizational ordinance shall state:
1. That the ordinance thereby creates a county park commission;
2. The name of the commission;
3. The powers to be exercised by the commission;
4. That the facilities to be acquired, if any, are those therein designated;
5. That the facilities previously acquired or to be acquired under or pursuant to NRS 244.308 to [244.3092,] 244.3091, inclusive, or any other law by the board on behalf of the county, jurisdiction over and responsibility for which facilities are to be assumed subsequently by the commission, are those therein designated;
κ1969 Statutes of Nevada, Page 928 (CHAPTER 533, AB 318)κ
pursuant to NRS 244.308 to [244.3092,] 244.3091, inclusive, or any other law by the board on behalf of the county, jurisdiction over and responsibility for which facilities are to be assumed subsequently by the commission, are those therein designated;
6. The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county; and
7. The names of the six appointed commissioners who shall serve on the first county park commission.
Sec. 4. NRS 244.3092 is hereby repealed.
Sec. 5. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Senate Bill No. 487Committee on Finance
CHAPTER 534
AN ACT making an appropriation from the general fund in the state treasury to the department of administration to assist in the reconstruction and operation of the Spring Mountain Youth Camp in Clark County, Nevada, during the fiscal years 1969-1971; and providing other matters properly relating thereto.
[Approved April 22, 1969]
Whereas, In accordance with NRS 244.297, the board of county commissioners of Clark County has established, maintained and operated a juvenile forestry camp known as the Spring Mountain Youth Camp; and
Whereas, Recognizing that it is a proper governmental function of the State of Nevada to contribute to the support of such juvenile forestry camp because it transferred a substantial financial burden from the Nevada youth training center in Elko County, Nevada, the legislature in past years has made substantial appropriations for the support of such juvenile forestry camp; and
Whereas, Approximately 2 years ago a major flood occurred, causing considerable damage to the camp site, buildings and equipment and accessory road; and
Whereas, A new site has been tentatively selected for the reconstruction of the camp and for its continued operation; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the department of administration the sum of $250,000 for the purpose of assisting in paying a part of the construction and reconstruction costs of Spring Mountain Youth Camp in Clark County, Nevada.
2. From the moneys appropriated by subsection 1 of this section there shall be paid to the board of county commissioners of Clark County, Nevada, on a claim being made therefor an amount not to exceed $250,000 representing 75 percent of the total costs of construction and reconstruction of the camp only after approval by the interim committee on financial affairs of the legislative commission of:
κ1969 Statutes of Nevada, Page 929 (CHAPTER 534, SB 487)κ
(a) The site finally selected for the relocation of the camp; and
(b) The plan of operation and program for the camp.
3. Any moneys remaining unexpended of the sum appropriated by subsection 1 of this section on June 30, 1971, shall revert to the general fund in the state treasury.
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury to the department of administration for the support of the Spring Mountain Youth Camp in Clark County, Nevada:
(a) For the fiscal year commencing July 1, 1969, and ending June 30, 1970, the sum of $144,000.
(b) For the fiscal year commencing July 1, 1970, and ending June 30, 1971, the sum of $144,000.
2. Commencing on August 1, 1969, and on the first day of each month thereafter until August 1, 1971, the board of county commissioners of Clark County, Nevada, may file claims with the director of the department of administration for payments from the moneys appropriated by subsection 1 of this section in an amount equal to the number of male juveniles committed to the Spring Mountain Youth Camp by courts of competent jurisdiction and actually confined in the camp during the previous month multiplied by $150, but no such monthly claim shall:
(a) During the fiscal year commencing July 1, 1969, and ending June 30, 1970, exceed the sum of $12,000.
(b) During the fiscal year commencing July 1, 1970, and ending June 30, 1971, exceed the sum of $12,000.
3. Any moneys remaining of the sum appropriated by paragraph (a) of subsection 1 of this section on September 1, 1970, shall revert to the general fund in the state treasury. Any moneys remaining of the sum appropriated by paragraph (b) of subsection 1 of this section on September 1, 1971, shall revert to the general fund in the state treasury.
Sec. 3. The costs of custody for a juvenile male committed to the Spring Mountain Youth Camp by a juvenile court of the State of Nevada other than the juvenile court of the Eighth Judicial District chargeable to a county other than Clark County shall not exceed the actual per capita costs of custody paid by Clark County for its juvenile male residents committed to the camp by the juvenile court of the Eighth Judicial District.
Sec. 4. All claims submitted by the board of county commissioners of Clark County pursuant to this act shall, after approval by the director of the department of administration, be paid as other claims against the state are paid.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 930κ
Senate Bill No. 484Committee on Finance
CHAPTER 535
AN ACT establishing the data processing commission; providing for construction of a building for such commission; making appropriations; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, 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. Advisory board means the data processing advisory board.
Sec. 4. Commission means the data processing commission.
Sec. 5. Computer facility means the building constructed pursuant to legislative act and the equipment specified in section 15 of this act.
Sec. 6. Equipment means any machine or device designed for the automatic handling of coded information, including but not limited to recording, storage and retrieval.
Sec. 7. Manager means the manager of the computer facility.
Sec. 8. Software systems means the various technical support packages applicable generally to the various using agencies.
Sec. 9. Using agencies means the department of highways, the department of motor vehicles, the state controller, the legislative counsel bureau and the central data processing division of the department of administration.
Sec. 10. The legislature hereby determines and declares that the creation of the data processing commission is necessary for the coordinated, orderly and economical processing of data in state government, to insure economical utilization of equipment and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.
Sec. 11. 1. There is hereby created a data processing commission whose members shall consist of:
(a) The state controller, who shall act as chairman;
(b) The director of the department of motor vehicles;
(c) The director of the department of administration; and
(d) The state highway engineer.
2. The commission shall meet as often as necessary but at least once every 3 months. Members of the commission shall serve without additional compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
Sec. 12. The commission shall:
1. Determine the data processing policy of the state as it relates, but is not limited, to such items as the location and selection of data processing equipment, utilization of such equipment, and service procedures.
κ1969 Statutes of Nevada, Page 931 (CHAPTER 535, SB 484)κ
2. Prescribe rules and regulations for the effective administration of the computer facility.
3. Establish personnel practices and procedures and prescribe employment specifications and standards for all personnel of the computer facility.
4. Insure the most effective use of the computer facility.
Sec. 13. 1. The commission shall appoint a data processing advisory board whose members shall be:
(a) Selected from the group of persons managing the data processing functions of the using agencies; and
(b) The manager of the computer facility.
2. Members of the advisory board shall serve without additional compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
Sec. 14. The advisory board shall:
1. Provide technical guidance to the commission.
2. Recommend standards, policies and procedures for the computer facility.
3. Recommend changes in the equipment of the computer facility.
4. Provide direction to the activities of the software support section of the commission.
Sec. 15. All state-owned or state-leased equipment of an executive office, department, commission or agency shall be under the managerial control of the commission, but the commission may, by regulation, permit a using agency to operate data processing equipment on its premises.
Sec. 16. The commission shall appoint a manager for the computer facility. The manager shall, subject to administrative supervision by the commission, direct and supervise all the administrative and technical activities of the computer facility.
Sec. 17. The manager shall be in the unclassified service and shall receive an annual salary in the amount specified in NRS 281.115 and the travel expenses and subsistence allowances pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
Sec. 18. The software support section, a group of operating systems programmers, shall be selected by the commission. The software support section shall:
1. Provide technical support to using agencies as may be directed by the commission.
2. Perform any other duties prescribed by the commission.
Sec. 19. Any using agency shall adhere to the various regulations, standards, practices, policies and conventions prescribed by the commission. The commission is not responsible for the application or program design, development or implementation of any using agency.
Sec. 20. The commission shall provide services to each using agency uniformly with respect to degree of service, priority of service, availability of service and cost of service.
Sec. 21. 1. The amount receivable from any using agency availing itself of the services of the computer facility shall be determined by the manager in each case and shall include:
κ1969 Statutes of Nevada, Page 932 (CHAPTER 535, SB 484)κ
(a) The monthly cost of operating and maintaining the computer facility, distributed among the using agencies in proportion to the services performed for any using agency. The cost of computer time and services required by the fiscal analyst to perform his duties shall be considered part of the monthly cost of operating and maintaining the computer facility.
(b) After July 1, 1971, a service charge in an amount determined by distributing the monthly installment and interest payment for the construction costs of the computer facility among the using agencies in proportion to the services performed for any using agency.
2. The manager shall prepare and submit monthly to the using agencies for which services of the computer facility have been performed as itemized statement of the amount receivable from each using agency.
Sec. 22. 1. There is hereby created in the state treasury a commission revolving fund account in the sum of $125,000 for the use of the manager to operate and maintain the computer facility.
2. The fund account shall consist of:
(a) Cash, in the form of moneys held by the state treasury;
(b) Inventory in the form of supplies and materials held by the manager; and
(c) Receivables, due from using agencies for services rendered to them.
3. Upon closing the books for each fiscal year, to the extent that the total amount of the commission revolving fund account, less accounts payable, exceeds $125,000, the excess portion of the fund account shall revert to the general fund and the state highway fund in the state treasury in the same ratio to each other as that in which the initial appropriations were made.
Sec. 23. All claims made pursuant to this chapter shall, when approved by the commission or its designee, be audited and paid as other claims against the state are paid.
Sec. 24. Upon the receipt of a statement submitted pursuant to subsection 2 of section 21 of this act, each using agency shall authorize the state controller by transfer or warrant to draw funds from the using agencys account in the amount of such statement for transfer to or placement in the commission revolving fund account.
Sec. 25. 1. The commission equipment fund account is hereby created in the state treasury in the sum of $75,000. Moneys for this fund account shall be provided by direct legislative appropriation.
2. Moneys from the fund account may be used during the period of conversion from the interim equipment configuration to the permanent computer facility.
Sec. 26. An interim facility conversion fund account in the amount of $35,000 is hereby created in the state treasury. Moneys for this fund account shall be provided by direct legislative appropriation of $11,666 from the general fund and $23,334 from the state highway fund in the state treasury for the purpose of preparing the department of motor vehicles building for the establishment of the interim computer facility.
Sec. 27. 1. Commencing July 1, 1971, the construction costs of $535,600 for the computer facility in Carson City, Nevada, shall be repaid over a 20-year period at 3 percent interest from the commission revolving fund account to the general fund in the state treasury.
κ1969 Statutes of Nevada, Page 933 (CHAPTER 535, SB 484)κ
2. The state controller shall for this purpose:
(a) Establish the necessary schedule of equal payments, including both installments of principal and annual interest, over the prescribed period;
(b) On June 30 of each year transfer the amount of one payment from the commission revolving fund account to the general fund in the state treasury, until the prescribed amount and interest have been fully paid.
Sec. 28. NRS 242.020 is hereby amended to read as follows:
242.020 The purposes of the division are:
1. [To insure economical utilization of state-owned or state-leased equipment.
2.] To provide data processing service for state agencies.
[3.] 2. To provide technical advice but not administrative control of data processing within the several state agencies.
Sec. 29. NRS 242.030 is hereby amended to read as follows:
242.030 1. [Subject to the provisions of subsections 2 and 4, for the period July 1, 1965, to June 30, 1967, executive offices, departments, commissions and agencies shall:
(a) Maintain direct managerial control of equipment in such offices, departments, commissions and agencies.
(b) Have first priority in the use of such equipment.
2. Notwithstanding the provisions of subsection 1, during the period July 1, 1965, to June 30, 1967, the director of the department of administration shall:
(a) Assign the priority of any surplus capacity of the equipment in the various executive offices, departments, commissions and agencies; and
(b) Make a study of central data processing and make recommendations to the legislature for possible consolidation of equipment of executive offices, departments, commissions and agencies.
3. Except as otherwise provided in subsection 4, on and after July 1, 1967, upon the recommendation of the director of the department of administration, the governor may assign state-owned or state-leased equipment of an executive office, department, commission or agency to the division and may withdraw any equipment from any such office, department, commission or agency and reassign it to the division. Rental charges on any equipment so reassigned shall be paid by the division from the date of reassignment. Rental charges on any equipment assigned to or retained by any other state agency shall be paid from the budget of such using agency.
4. The provisions of subsections 1 to 3, inclusive, do not apply to the office of the state controller, the University of Nevada and the department of highways, but, subject to the provisions of this chapter, the state controller, the University of Nevada and the department of highways may utilize the services of the division.] The provisions of this chapter do not apply to the department of highways, the department of motor vehicles, the state controller, the University of Nevada System, the legislative counsel bureau, the Nevada industrial commission and the employment security department, but subject to the provisions of this chapter, such departments, officers and agencies may utilize the services of the division.
2. The division shall provide state agencies with all of their required systems, programming and automatic data processing equipment services.
3. If the demand for services is in excess of the capability of the division to supply such services, the division will contract with other agencies or independent contractors to furnish the required service and will be responsible for the administration of such contracts.
κ1969 Statutes of Nevada, Page 934 (CHAPTER 535, SB 484)κ
division to supply such services, the division will contract with other agencies or independent contractors to furnish the required service and will be responsible for the administration of such contracts.
Sec. 30. 1. There is hereby appropriated from the general fund in the state treasury the sum of $111,666, which together with moneys appropriated by subsection 2 of this section, shall be allocated in the manner and the amounts specified in subsection 3 of this section.
2. There is hereby appropriated from the state highway fund in the state treasury the sum of $123,334, which, together with moneys appropriated by subsection 1 of this section, shall be allocated in the manner and the amounts specified in subsection 3 of this section.
3. From the total sum of $235,000 appropriated by subsection 1 and 2 of this section:
(a) The sum of $125,000 is allocated to the commission revolving fund account; and
(b) The sum of $75,000 is allocated to the commission equipment fund account; and
(c) The sum of $35,000 is allocated to the interim facility conversion fund account.
Sec. 31. 1. There is hereby appropriated from the general fund in the state treasury the sum of $535,600 to the state planning board for the purpose of planning, designing, constructing, furnishing and equipping a computer facility in the capitol complex in Carson City, Ormsby County, Nevada.
2. The state planning board shall consult with the data processing commission and the data processing advisory board concerning the planning, designing and equipping of the computer facility.
Sec. 32. 1. The state planning board is charged with the duty of carrying out the provisions of section 31 of this act:
(a) As provided in chapter 341 of NRS.
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction authorized by section 31 of this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required for such construction, and, if necessary, to assist in the preparation of contract documents necessary to such construction.
3. All work in connection with such construction shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for such construction. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such construction, and may let separate contracts for different and separate portions of the work, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder therein; but any and all bids may be rejected for any good reason.
κ1969 Statutes of Nevada, Page 935 (CHAPTER 535, SB 484)κ
lowest bidder therein; but any and all bids may be rejected for any good reason.
Sec. 33. This act shall become effective upon passage and approval.
________
Senate Bill No. 449Committee on Commerce
CHAPTER 536
AN ACT relating to life insurance; confirming the privilege of assignment; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 690 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The purpose of this section is to confirm and clarify the right under the present law of this state to provide for an assignment by which a person covered by a group life insurance policy may divest himself of all incidents of ownership provided by such policy, including the conversion privileges of such policy.
2. Any person insured under a group life insurance policy may make an assignment of all or any part of his incidents of ownership under such policy, including, but not limited to, the privilege to have issued to him an individual policy of life insurance pursuant and subject to the provisions of NRS 690.160 and 690.170 and the right to name a beneficiary. Subject to the terms of the policy or agreement between the insured, the group policyholder and the insurer relating to assignment of incidents of ownership thereunder, such an assignment by an insured, made either before or after the effective date of this act, is valid for the purpose of vesting in the assignee all of such incidents of ownership so assigned. Such an assignment shall not prejudice the insurer on account of any payment it may make or individual policy it may issue prior to receipt of notice of the assignment.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 936κ
Senate Bill No. 448Senator Swobe
CHAPTER 537
AN ACT relating to real property conveyed to the county treasurer; requiring the board of county commissioners to enter an order directing the county treasurer to deliver a deed to a person having an interest in less than all such property upon the payment of the taxes, penalties and interest; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.790 is hereby amended to read as follows:
361.790 1. Whenever a person has acquired a legal, [or beneficial] equitable, security or vendees interest in a parcel of real property, which is a part of a larger parcel upon which there are assessed or delinquent taxes, and such person offers to tender to the county treasurer, in the county where the real estate is assessed, his prorated share of the tax on the larger parcel, covering the parcel in which he has acquired an interest, then the county treasurer shall make a report of such offer to the board of county commissioners of such county.
2. The board of county commissioners shall then examine the report of the county treasurer, and request a report from the county assessor as to the relative values of each parcel together with such other evidence as may be presented in connection therewith. If, after reviewing such report and evidence, the board of county commissioners is satisfied that the person offering to tender payment of the taxes due has a legal or beneficial interest in the smaller parcel only, it shall:
(a) Determine what proportion of the assessment and tax on the entire parcel affected shall be attributed to the smaller parcel.
(b) Enter an order in the minutes of the board, directing:
(1) Each officer who has custody of the tax or assessment roll for the year for which the offer to tender has been made and for each subsequent year to divide and prorate the assessment and tax accordingly.
(2) The county treasurer to accept the prorated tax when tendered and apply it to the proper parcel. If the smaller parcel has, at any time prior thereto, been conveyed to the county treasurer pursuant to NRS 361.585, the board shall enter a further order directing the county treasurer to issue and deliver a deed conveying the property to the person who has tendered the tax upon payment to the county treasurer of the cost, penalties and interest chargeable against the prorated tax for each fiscal period for which the tax remains unpaid, until the time of such conveyance.
(3) The county assessor to assess each parcel separately thereafter.
(c) Direct the clerk of the board to mail a copy of such order to the person offering to tender payment.
3. If the board of county commissioners issues the orders pursuant to subsection 2, the county treasurer shall issue a receipt to the person when he tenders payment of taxes, which receipt shall be conclusive evidence for the payment of all taxes assessed against the particular parcel for which the payment of tax is tendered, and shall be a complete defense to any action for taxes due on such parcel which may be brought for the period covered by the receipt.
κ1969 Statutes of Nevada, Page 937 (CHAPTER 537, SB 448)κ
to any action for taxes due on such parcel which may be brought for the period covered by the receipt.
4. Each county assessor receiving a request for a report as provided for in subsection 2 shall submit such report to the board of county commissioners within 30 days.
5. The provisions of this section apply to delinquencies which occurred either before or after April 20, 1967.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 435Committee on Judiciary
CHAPTER 538
AN ACT relating to corporations; eliminating the right of a stockholder who dissents from a merger or consolidation to demand payment for his shares from the corporation if such shares are traded on a stock exchange.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of this chapter for the purchase by a surviving or consolidated corporation of the shares of a dissenting stockholder do not apply to shares of any class of stock which were registered on a securities exchange on the record date fixed to determine the stockholders entitled to vote on the agreement of merger or consolidation.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 257Committee on Judiciary
CHAPTER 539
AN ACT relating to substitute dairy products; facilitating their service on request; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 584.178 is hereby amended to read as follows:
584.178 1. No operator, owner or proprietor of any place of business which sells prepared food for consumption either on or off the premises may serve any substitute dairy product unless:
(a) There is displayed in a prominent place in each room a sign in black letters not less than 4 inches high upon a white background bearing the words, ....................................................................
κ1969 Statutes of Nevada, Page 938 (CHAPTER 539, SB 257)κ
the words, .................................................................... served here instead of ..........................................................; or
(Name of substitute) (Genuine dairy product)
(b) There is contained in each menu used in such place of business a statement printed in not less than 8-point type containing the words, ........................................ served here instead of ............................................
(Name of substitute) (Genuine dairy product)
2. This section does not apply to:
(a) Schools, hospitals, orphanages, licensed rest homes, foster homes, licensed day nurseries or any charitable institution which serves such food free of charge.
(b) Retail grocery stores not operating lunch counters, cafes or restaurants in connection with such grocery stores.
(c) Any facility maintained by an employer primarily for the benefit of employees.
(d) The operator, owner or proprietor of any place of business which sells prepared food for consumption either on or off the premises who keeps oleomargarine for sale or use only when requested by a patron. Any such place of business shall indicate clearly upon its menu or other list of foods served that oleomargarine is available upon request.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 5Senator Young
CHAPTER 540
AN ACT relating to contractors; providing additional grounds for disciplinary action against licensed contractors; staggering terms of board members; adding an exemption; providing for license renewals; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 624.060 is hereby amended to read as follows:
624.060 1. [The] Except as provisionally limited by this subsection, the terms of the members of the board shall be for 4 years each [.] , commencing on July 1 of each 4-year term. The members of the board holding office on July 1, 1969, shall select by lot three members whose terms shall expire on June 30, 1971, and four members whose terms shall expire on June 30, 1973, unless the governor, by his appointment of board members prior to July 1, 1969, designates the members whose terms shall correspond to such dates. Each member shall hold office after the expiration of his term until his successor has been duly appointed and qualified.
2. Vacancies arising for any reason shall be filled by the governor by appointment for the unexpired term.
κ1969 Statutes of Nevada, Page 939 (CHAPTER 540, SB 5)κ
Sec. 2. NRS 624.230 is hereby amended to read as follows:
624.230 It shall be unlawful for any person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, to engage in the business or act in the capacity of a contractor within this state or to bid a job situated within this state without having a license therefor as provided in this chapter, unless such person, firm, copartnership, corporation, association or other organization, or any combination of any therefor, is exempted as provided in this chapter. [If any person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, submits a bid to do any work within the State of Nevada for which a license is required by this chapter, without first having a valid license, the bid of such person, firm, copartnership, corporation, association or other organization shall be void.]
Sec. 3. NRS 624.263 is hereby amended to read as follows:
624.263 1. For purposes of this chapter, financial responsibility means a past and present business record of solvency. If the applicant or contractor is a corporation, its financial responsibility must be established independently of and without reliance on the assets of its officers, directors or stockholders, but the financial responsibility of its officers and directors may be inquired into and considered as a criterion in determining the corporations financial responsibility.
2. The financial responsibility of an applicant for a contractors license or of a licensed contractor shall be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:
(a) Net worth.
(b) Amount of liquid assets.
(c) Prior payment and credit records.
(d) Previous business experience.
(e) Prior and pending lawsuits.
(f) Prior and pending liens.
(g) Adverse judgments.
(h) Conviction of a felony or crime involving moral turpitude.
(i) Prior suspension or revocation of a contractors license in Nevada or elsewhere.
(j) [Prior assignment for benefit of creditors or bankruptcy proceeding.] An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:
(1) A composition, arrangement or reorganization proceeding;
(2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this state or the United States; or
(3) The making of an assignment for the benefit of creditors.
(k) Form of business organization (corporate or otherwise).
(l) Information obtained from confidential financial references and credit reports.
(m) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.
Sec. 4. NRS 624.300 is hereby amended to read as follows:
624.300 1. The board shall have power to suspend or revoke licenses already issued, to refuse renewals of licenses, to impose limits on the field, scope and monetary limit of the license as provided in NRS 624.220 or to reprimand or to take other less severe disciplinary action if the licensee [:
κ1969 Statutes of Nevada, Page 940 (CHAPTER 540, SB 5)κ
field, scope and monetary limit of the license as provided in NRS 624.220 or to reprimand or to take other less severe disciplinary action if the licensee [:
1. Has been guilty of acts of conduct harmful to either the safety or protection of the public; or
2. Has been guilty of dishonesty, fraud and deceit whereby injury has been sustained by another; or
3. Cannot establish financial responsibility at the time of renewal; or
4. Has failed to comply with and complete a contract;
5. Has been guilty of improper diversion of funds, misuse or misappropriation of funds, willful delay in completion of construction and the like; or
6. Permits any person, firm or corporation not licensed under this chapter to use the license of such licensee to perform work in the state which would require a license under this chapter.] has committed an act or acts set forth in sections 7 to 15, inclusive, of this act which constitute cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, which is a cause for disciplinary action under subsection 3 of section 10 of this act, the board may, in addition to any other conditions for reinstating or renewing such license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
Sec. 5. NRS 624.340 is hereby amended to read as follows:
624.340 [This chapter does not apply when, pursuant to any of the rules and regulations of the General Services Administration, the expressed judgment of either the Secretary of Agriculture or the Administrator of the General Services Administration is that the procedure or requirement of this chapter is designed or may operate to prevent the submission of a bid by or the awarding of a contract to any responsible contractor.] If any provision or condition contained in this chapter conflicts with any provision of federal law, or a rule or regulation made under federal law pertaining to federal aid contracts, such provision in conflict with the federal law, rule or regulation does not apply on federal aid contracts to the extent such conflict exists, but all provisions of this chapter with which there is no such conflict do apply to federal aid contracts.
Sec. 6. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 16, inclusive, of this act.
Sec. 7. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor.
2. Failure in a material respect on the part of a licensee to complete any construction project or operation for the price stated in the contract for such project or operation or any modification thereof.
3. Willful failure or refusal without legal excuse on the part of a licensee as a contractor to prosecute a construction project or operation with reasonable diligence, thereby causing material injury to another.
κ1969 Statutes of Nevada, Page 941 (CHAPTER 540, SB 5)κ
Sec. 8. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Willful and prejudicial departure from or disregard of plans or specifications in any material respect without the consent of the owner or his duly authorized representative and the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications.
2. Willful or deliberate disregard and violation of:
(a) The building laws of the state or of any political subdivision thereof.
(b) The safety laws or labor laws or compensation insurance laws of the state.
(c) Any provision of the Nevada health and safety laws or Nevada laws and rules and regulations promulgated thereunder relating to the digging, boring or drilling of water wells.
Sec. 9. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Diversion of funds or property received for completion of a specific construction project or operation or for a specified purpose in the completion of any construction project or operation to any other construction project or operation, obligation or purpose.
2. Willful or deliberate failure by any licensee or agent or officer thereof to pay any moneys when due for any materials or services rendered in connection with his operations as a contractor, when he has the capacity to pay or when he has received sufficient funds therefor as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased, or the false denial of any such amount due or the validity of the claim thereof with intent to secure a discount upon such indebtedness or with intent to injure, delay or defraud the person to whom such indebtedness is due.
Sec. 10. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Failure to make records showing all contracts, documents, records, receipts and disbursements by a licensee of all of his transactions as a contractor and to keep them open for inspection by the board or secretary of the board for a period of not less than 3 years after the completion of any construction project or operation to which the records refer.
2. Misrepresentation of a material fact by an applicant or licensee in obtaining a license, or in connection with any information or evidence furnished the board in connection with official board matters.
3. Failure to establish financial responsibility as determined in the manner provided by NRS 624.220, at the time of renewal of the license or at any other time when required by the board.
4. Failure to keep in force the bond or cash deposit required by NRS 624.270 for the full period required by the board.
5. Failure in any material respect to comply with the provisions of this chapter or the rules and regulations of the board.
Sec. 11. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor under any license issued hereunder except:
κ1969 Statutes of Nevada, Page 942 (CHAPTER 540, SB 5)κ
(a) In the name of the licensee as set forth upon the license.
(b) As an employee of the licensee as set forth in the application for such license or as later changed pursuant to this chapter and the rules and regulations of the board.
2. With the intent to evade the provisions of this chapter:
(a) Aiding or abetting an unlicensed person to evade the provisions of this chapter.
(b) Combining or conspiring with an unlicensed person to perform an unauthorized act.
(c) Allowing a license to be used by an unlicensed person.
(d) Acting as agent, partner or associate of an unlicensed person.
(e) Furnishing estimates or bids to an unlicensed person.
3. Any attempt by a licensee to assign, transfer or otherwise dispose of a license or permit the unauthorized use thereof.
Sec. 12. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Acting in the capacity of a contractor beyond the scope of the license, or contracting for a sum for one construction contract or project in excess of the limit placed on the license by the board.
2. Knowingly entering into a contract with a contractor while such contractor is not licensed, or entering into a contract with a contractor for work in excess of his limit or beyond the scope of his license.
Sec. 13. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. The doing of any willful, fraudulent or deceitful act as a contractor whereby substantial injury has been sustained by another.
2. An adjudication of bankruptcy or the confirmation of any other proceeding under the federal bankruptcy laws, including:
(a) A composition, arrangement or reorganization proceeding;
(b) The appointment of a receiver of the property of a licensee under the laws of this state or the United States; or
(c) The making of an assignment for the benefit of creditors.
3. A conviction of a felony or a crime involving moral turpitude.
Sec. 14. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Workmanship which is not commensurate with standards of the trade in general or which is below building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship shall meet the standards determined by the latest edition of the Uniform Building Code, Uniform Plumbing Code or National Electrical Code.
2. Advertising construction projects without including in such advertisements the name of the licensed contractor responsible for the construction of such projects.
Sec. 15. 1. Any person who:
(a) Has been denied a license or who has had his license revoked or suspended or who has been denied a renewal of a license; or
(b) Has been a member, officer, director or associate of any partnership, corporation, firm or association whose application for a license has been denied, or whose license has been revoked or suspended or which has been denied a renewal of a license, and while acting as such member, officer, director or associate had knowledge of or participated in any of the prohibited acts for which the license or the renewal thereof was denied, suspended or revoked,
κ1969 Statutes of Nevada, Page 943 (CHAPTER 540, SB 5)κ
been denied a renewal of a license, and while acting as such member, officer, director or associate had knowledge of or participated in any of the prohibited acts for which the license or the renewal thereof was denied, suspended or revoked,
shall be prohibited from serving as an officer, director, associate or partner of a licensee.
2. The performance by any partnership, corporation, firm or association of any act or omission constituting a cause for disciplinary action likewise constitutes a cause for disciplinary action against any licensee who is a member, officer, director or associate of such partnership, corporation, firm or association, and who participated in such prohibited act or omission.
Sec. 16. Subject to the provisions of NRS 233B.127, each license issued under the provisions of this chapter expires on January 31 of the year next following the date on which it is issued. A license may be renewed by filing a renewal application accompanied by the annual renewal fee as fixed by the board. The board may prescribe regulations concerning license renewal.
Sec. 17. This act shall become effective upon passage and approval.
________
Assembly Bill No. 776Committee on Taxation
CHAPTER 541
AN ACT relating to insurance; providing that certain life insurance policies and annuity contracts are exempt from the imposition of the premium tax.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.010 is hereby amended to read as follows:
686.010 1. Every insurance or annuity company or association of whatever description, except fraternal or labor insurance companies, or societies operating through the means of a lodge system or systems, insuring only their own members and their families, including insurance on descendants of members, doing an insurance or annuity business in this state, shall annually pay to the commissioner a tax of 2 percent upon the total premium income, including membership fees, payments on annuities or policy writing fees, from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks.
2. Funds accepted by a life insurer under an agreement which provides for an accumulation of funds to purchase annuities at future dates may, for the purposes of the tax imposed by this section, be considered as total premium income either upon receipt or upon the actual application of such funds to the purchase of annuities. Any interest credited to funds accumulated while under the latter alternative shall also be included in total premium income.
κ1969 Statutes of Nevada, Page 944 (CHAPTER 541, AB 776)κ
included in total premium income. Any funds axed upon receipt, including any interest later credited thereto, shall not be subject to taxation upon the purchase of annuities. Each life insurer shall signify on its premium tax return to be filed in the calendar year 1969 its election between such two alternatives, and such election shall also apply to the premium tax returns filed in the three immediately preceding calendar years. An insurer shall not change such election without the consent of the commissioner. Any such funds taxed as total premium income are, if the funds are withdrawn before their actual application to the purchase of annuities, eligible to be included as return premiums under the provisions of subsection 1.
3. When by or pursuant to the laws of any other state or foreign country any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other material obligations, prohibitions or restrictions, are imposed upon Nevada insurers doing business, or which might seek to do business in, such other state or country, or upon agents of such insurers, which are in the aggregate in excess of such taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions directly imposed upon similar insurers of such other state or foreign country under the statutes of this state, so long as such laws continue in force or are so applied, the same obligations, prohibitions and restrictions of whatever kinds shall be imposed upon similar insurers of such other state or foreign country doing business in Nevada. All tax, license or other obligation imposed by any city, county or political subdivision of a state or foreign country on Nevada insurers or their agents shall be deemed imposed by such state or foreign country within the meaning of this subsection. The provisions of this subsection shall not apply to ad valorem taxes on real or personal property or to personal income taxes.
4. For the purposes of this section the domicile of an alien insurer shall be the state in which is located its principal place of business in the United States.
5. All domestic insurance or annuity companies doing business in states in which such companies are not licensed and do not pay a premium tax shall pay the tax on such business to the State of Nevada.
6. As used in subsection 1, total premium income does not include premiums or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404 or 501 of the United States Internal Revenue Code as now or hereafter amended or renumbered from time to time.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 945κ
Senate Bill No. 414Committee on Health and Welfare
CHAPTER 542
AN ACT relating to hospitals and nursing homes; abolishing the health advisory council; permitting the health division of the department of health, welfare and rehabilitation to collaborate in inspecting hospitals; distinguishing powers of the health division and the state board of health; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 449.090 is hereby amended to read as follows:
449.090 Every hospital for which a license has been issued shall be periodically inspected by a duly authorized representative of the health division [.] , either alone or in conjunction with the Joint Commission on Accreditation of Hospitals of the American College of Physicians, the American College of Surgeons, the American Hospital Association and the American Medical Association. Reports of each such inspection shall be prepared by the representative [conducting it upon forms prepared and furnished by the health division] and filed with the health division.
Sec. 2. NRS 449.150 is hereby amended to read as follows:
449.150 The health division shall have the following powers:
1. To make or cause to be made inspections of institutions which apply for or hold hospital licenses.
2. [To adopt licensing standards for each class of hospital covered by NRS 449.020 to 449.240, inclusive, in accordance with the recommendations of the hospital advisory council.
3. To adopt rules and regulations governing the licensing of such institutions in accordance with the recommendations of the hospital advisory council.
4.] To employ such clerical and inspecting assistants as it deems necessary to carry out the provisions of NRS 449.020 to 449.240, inclusive.
[5. To adopt such other rules and regulations as it deems necessary or convenient to carry out the provisions of NRS 449.020 to 449.240, inclusive.]
Sec. 3. NRS 449.280 is hereby amended to read as follows:
449.280 In carrying out the purposes of NRS 449.250 to 449.430, inclusive, the state department is authorized and directed:
1. To require such reports, make such inspections and investigations, and prescribe such regulations as it deems necessary.
2. To provide such methods of administration, appoint all necessary officers and other personnel and take such other action as may be necessary to comply with the requirements of NRS 449.250 to 449.430, inclusive, the Federal Act and the regulations thereunder.
3. To procure in its discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties.
4. To the extent that it considers desirable to effectuate the purposes of NRS 449.250 to 449.430, inclusive, to enter into agreements for the utilization of the facilities and services of other departments, agencies and institutions, public or private.
κ1969 Statutes of Nevada, Page 946 (CHAPTER 542, SB 414)κ
utilization of the facilities and services of other departments, agencies and institutions, public or private.
5. To accept on behalf of the state and to deposit with the state treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of NRS 449.250 to 449.430, inclusive, and to expend the same for such purposes.
6. [To make an annual report to the governor on activities and expenditures pursuant to NRS 449.250 to 449.430, inclusive, including recommendations for such additional legislation as the state department considers appropriate to furnish adequate health facilities to the people of this state.
7.] To do all other things on behalf of the state necessary or advisable to obtain the maximum benefits available under the Federal Act.
Sec. 4. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. The health facilities advisory council may make recommendations to the health division concerning the adoption of licensing standards and of rules and regulations governing the licensing of hospitals.
Sec. 6. The state board of health shall have the following powers:
1. To adopt licensing standards for each class of hospital covered by NRS 449.020 to 449.240, inclusive, after considering the recommendations of the health facilities advisory council.
2. To adopt rules and regulations governing the licensing of such institutions after considering the recommendations of the health facilities advisory council.
3. To adopt such other rules and regulations as it deems necessary or convenient to carry out the provisions of NRS 449.020 to 449.240, inclusive.
Sec. 7. NRS 449.100, 449.110, 449.120 and 449.130 are hereby repealed.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 74Committee on Federal, State and Local Governments
CHAPTER 543
AN ACT concerning local improvement districts and the levy, collection and enforcement of special assessments pertaining thereto; amending general statutes and the special charters of the cities of Henderson, North Las Vegas and Sparks relating to special assessment proceedings; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 244.859 is hereby amended to read as follows:
244.859 Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines.
κ1969 Statutes of Nevada, Page 947 (CHAPTER 543, SB 74)κ
land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description. For all purposes of the County Improvements Law and any law amendatory thereof or supplemental thereto, any tract which is assessable property in an improvement district may be legally described pursuant to NRS 361.190 to 361.220, inclusive, as from time to time amended.
Sec. 3. NRS 244.893 is hereby amended to read as follows:
244.893 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the board so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election of the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the county to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings of the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The board may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 7 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
7. The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.
Sec. 4. NRS 244.895 is hereby amended to read as follows:
244.895 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the board in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The board in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the county for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
κ1969 Statutes of Nevada, Page 948 (CHAPTER 543, SB 74)κ
installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the county for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
5. The county treasurer shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.
Sec. 5. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 26, inclusive, of this act.
Sec. 6. (Deleted by amendment.)
Sec. 7. (Deleted by amendment.)
Sec. 8. When the governing body of a municipality has directed the municipal treasurer to collect and enforce assessments in the manner provided by the Consolidated Local Improvements Law, sections 9 to 26, inclusive, of this act shall provide the procedure therefor, except as otherwise provided in the ordinance levying the assessments; but sections 25 and 26 of this act shall also provide independent methods of enforcing assessments which shall be available to every municipality which has levied assessments and to the holders of any bond payable therefrom.
Sec. 9. All assessments and installments thereof shall be collected and enforced by the municipal treasurer at the times and in the manner provided by the Consolidated Local Improvements Law and as hereafter provided. As soon as any assessment or installment becomes delinquent, the municipal treasurer shall mark the same delinquent on the assessment roll. Within 60 days thereafter, the governing body shall direct the municipal treasurer to give notice of the sale of the property or properties subject to the lien of a delinquent installment or the entire assessment if the governing body has exercised its option to cause the whole amount of the unpaid principal to become due and payable. The notice shall contain:
1. The name of each last-known owner of each tract upon which an assessment or installment thereof is delinquent, or if not known that the name is unknown.
2. A description of each tract upon which an assessment is delinquent, and the total amount due thereon, including the delinquent installment or the whole assessment, as the case may be, accrued interest upon the whole amount of unpaid principal to the date of delinquency, interest upon unpaid principal and accrued interest from the date of delinquency to the date of sale at a rate not exceeding 1 percent per month, penalties and collection costs, including attorneys fees.
3. A statement of the time and place of sale.
4. A statement that each property described will be sold to satisfy the total amount due thereon as aforesaid.
Sec. 10. Notice shall be given:
1. By publication; and
2. By mail.
Sec. 11. All such sales shall be made between the hours of 10 a.m. and 4 p.m. and shall take place at a convenient location within the municipality selected by the governing body. The sale shall be continued from day to day, omitting Sundays and legal holidays, until all the property described in the assessment roll on which any assessment, or installment thereof, is delinquent and unpaid is sold.
κ1969 Statutes of Nevada, Page 949 (CHAPTER 543, SB 74)κ
day to day, omitting Sundays and legal holidays, until all the property described in the assessment roll on which any assessment, or installment thereof, is delinquent and unpaid is sold. All sales shall be public, and each lot, tract or parcel of land, or other property, shall be sold separately and in the order in which it appears on the assessment roll.
Sec. 12. Each tract of land sold for delinquent and unpaid special assessments, or installments thereof, shall be sold to the first person at the sale offering to pay the amount due thereon as aforesaid. If there is no bidder for any tract for a sum sufficient to pay such amount, the treasurer shall strike it off to the municipality. If any bidder to whom any property is stricken off at the sale does not pay the amount which the municipal treasurer was required to collect by the sale before 10 a.m. of the day following the sale, the property must then be resold, or if the assessment sale is closed, be deemed to have been sold to the municipality. A certificate of sale shall be issued to the municipality for each property stricken off to the municipality in substantially the form hereafter provided.
Sec. 13. Within 15 days after the completion of the sale of all property described in the assessment roll upon which a delinquent assessment or installment is unpaid, the municipal treasurer shall prepare a statement of his actions concerning the sale showing all the property sold by him, to whom sold and the sums paid for each tract. Such report shall be presented to the governing body at its regular meeting next following the preparation of the statement.
Sec. 14. After receiving the amount of the assessment, or installment thereof, interest, penalty and costs, the treasurer shall make out a certificate, dated on the date of the sale, stating (when known) the name of the owner as given on the assessment roll, a description of the tract sold, the amount paid therefor, the name of the purchaser, that it was sold for an installment or the whole amount of the assessment, as the case may be, giving the name of the district or other brief designation of the improvement for which the assessment was levied, and specifying that the purchaser is entitled to a deed 2 years from the date of sale, unless redemption is made. The certificate of sale shall be signed by the municipal treasurer and delivered to the purchaser.
Sec. 15. The municipal clerk shall be the custodian of all certificates for property sold to the municipality. At any time within 2 years from the date of a certificate and before the redemption of the property, he shall sell or transfer any certificate to any person who presents to him the treasurers receipt evidencing payment of the amount for which the property described was stricken off to the municipality, with interest continuing to accrue from the date of sale to the date of payment at a rate not exceeding 1 percent per month, as aforesaid. The clerk may, if authorized by the governing body, sell and transfer any certificate in like manner after the expiration of 2 years of the date of the certificate.
Sec. 16. When the amount of any installment or assessment, as the case may be, with interest, penalty and costs thereon, is paid to the treasurer before the sale of any property, he shall mark it paid with the date of payment on the assessment roll. When any property sold for any assessment is redeemed the treasurer shall enter it as such with the date of redemption on the roll.
κ1969 Statutes of Nevada, Page 950 (CHAPTER 543, SB 74)κ
redemption on the roll. Such records shall be made in the margin of the roll opposite the description of the property.
Sec. 17. When any property is bid in by, or stricken off to, any municipality under any proceeding provided by sections 8 to 16, inclusive, of this act the property shall be held in trust by the municipality for the special assessment district for which the assessment was levied for the amount for which the property was sold, and accrued interest at a rate of not exceeding 1 percent per month from the date on which the property was bid in by, or stricken off to, the municipality to the date of the transfer, sale or other disposition of the property. However, the municipality may at any time after receiving a deed pay to the credit of the improvement district the amount for which the property was sold and accrued interest as aforesaid, and thereupon take and hold the property discharged of the trust.
Sec. 18. Any municipality may at any time after the period of redemption has expired and deeds have been issued to the municipality by virtue of any proceedings under sections 8 to 16, inclusive, of this act sell any such property at public auction to the highest bidder for cash. No bid may be accepted for any amount less than the amount set forth in the deed, plus accrued interest as aforesaid on the assessment as aforesaid. The municipality shall pay into the credit of the district for which the property was held in trust an amount necessary fully to cancel the assessment for which the property was sold, together with all penalties and interest thereon. Any such sale shall be conducted only after notice describing the property has been given, and stating that the treasurer will, on the date specified, sell the property at a convenient location within the municipality selected by the governing body, between the hours of 10 a.m. and 4 p.m. and continue the sale from day to day, or withdraw the property from sale after the first day if he deems that the interests of the municipality so require. Notice of the sale shall be given:
1. By publication; and
2. By mail.
Sec. 19. 1. Any property sold for an assessment, or any installment thereof, shall be subject to redemption by the former owner, or his grantee, mortgagee, heir or other representative at any time within 2 years from the date of the certificate of sale, upon payment to the municipal treasurer of the amount for which the property was sold, with interest thereon at a rate of not exceeding 1 percent per month, together with all taxes and special assessments, or installments thereof, interest, penalties, costs and other charges, thereon paid by the purchaser since the sale, with like interest thereon. Unless written notice of taxes and assessments subsequently paid, and the amount thereof, is deposited with the treasurer, redemption shall be made without their inclusion.
2. On any redemption being made, the treasurer shall give to the redemptioner a certificate of redemption, and pay over the amount received to the purchaser of the certificate of sale or his assigns.
3. If no redemption is made within the period of 2 years, the treasurer shall, on demand of the purchaser or his assigns, and the surrender to him of the certificate of sale, execute to the purchaser or his assigns a deed to the property.
κ1969 Statutes of Nevada, Page 951 (CHAPTER 543, SB 74)κ
to the property. No deed may be executed until the holder of the certificate of sale has notified the owners of the property that he holds the certificate, and that he will demand a deed therefor. The notice shall be given by personal service upon the owner. However, if an owner is not a resident of the state or cannot be found within the state after diligent search, the notice may be given by publication. The notice and return thereof, with the affidavit of the person, or in the case of the municipality, of the clerk, claiming a deed, showing that service was made, shall be filed with the treasurer.
4. If redemption is not made within 60 days after the date of service, or the date of the first publication of the notice, as the case may be, the holder of the certificate of sale is entitled to a deed. The deed shall be executed only for the property described in the certificate, and after payment of all delinquent taxes and special assessments, or installments thereof, whether levied or assessed before or after the issuance of the certificate of sale. A deed may be issued to any municipality for the face amount of the certificate of sale, plus accrued interest from the date of sale to the date of the execution of the deed at a rate of not exceeding 1 percent per month.
Sec. 20. The deed shall be executed in the name of the municipality by which the improvement was made and shall recite in substance the matters contained in the certificate of sale, the notice to the owner, and that no redemption has been made to the property within the time allowed by law. The deed shall be signed and acknowledged by the treasurer, as such, and is prima facie evidence that the property was assessed according to law, that it was not redeemed, that due notice of demand for deed had been given, and that the person executing the deed was the proper officer. The deed is conclusive evidence of the regularity of all proceedings regarding the assessment, up to and including the execution of the deed, and shall convey the entire fee simple title to the property described, except as otherwise provided for municipalities, stripped of all liens and claims except as provided in NRS 271.420.
Sec. 21. The treasurer shall charge 50 cents for the issuance of each certificate of sale and $1 for each deed.
Sec. 22. The purchaser of any certificate of sale acquires a lien on the property bid in by him for the amount paid plus all taxes and delinquent assessments or delinquency, and all interest, penalties, costs and charges thereon, whether levied before or after the sale, whether for state, county or municipal purposes, and paid by him. The purchaser is entitled to interest at the rate of 1 percent per month on the original amount paid by him from the date of the sale and upon subsequent payments from the date of payment of respective amounts.
Sec. 23. In any proceeding to foreclose a lien for general taxes upon any tract of land subject to a special assessment lien, mailed notice shall be given the treasurer of the municipality in which the property is located within 5 days after such proceeding is commenced.
Sec. 24. Within 30 days after the maturity of the last installment of any issue of bonds for the local improvement district, if any such bonds or interest coupons remain unpaid, any property remaining unsold, to which the municipality has taken title or on which it holds a certificate of sale, shall be offered for sale by giving notice of the time and place of sale by publication and by mail.
κ1969 Statutes of Nevada, Page 952 (CHAPTER 543, SB 74)κ
the municipality has taken title or on which it holds a certificate of sale, shall be offered for sale by giving notice of the time and place of sale by publication and by mail. At the time and place designated in the notice the treasurer shall offer such property for sale to the highest bidder. Upon the sale of any property and payment therefor, a deed shall be executed to the purchaser in substantially the same manner as herein provided for the execution of deeds.
Sec. 25. 1. Irrespective of which county or municipal officer has been directed to collect and enforce assessments, any municipality may proceed with the collection or enforcement of any delinquent installment, or the entire assessment if the municipality has exercised its option to cause the whole amount of principal to become due and payable, by an action brought in the district court in and for the county in which the municipality is located. It is not necessary to bring a separate suit for each piece or parcel of property delinquent, but all or any part of the property delinquent under any single assessment roll or assessment district may be proceeded against in the same action, and any or all of the owners or persons interested in any of the property may be joined as parties defendant in the action to foreclose, and any and all liens for delinquent assessments or installments may be foreclosed in the proceedings.
2. The proceedings shall be tried before the court without a jury. In any such proceeding, it is sufficient to allege the passage of the ordinance for creating the district, the making of the improvement, the levying of assessments, the date of delinquency of the assessment or installment, and that it was not wholly paid prior to the delinquency or at all. The assessment roll and assessment ordinance, or authenticated copies thereof, are prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof is upon the defendants.
3. In any action where the owners or parties interested in any particular tract included in the suit suffer a default, the court may enter judgment of foreclosure and sale as to those parties property and order execution thereon, and the sale may proceed as to the remaining defendants and property. The judgment of the court shall specify separately the amount of the assessment or installment, with interest, penalty and collection costs, including reasonable attorneys fees, chargeable to the several tracks in the proceedings. The judgment has the effect of a separate judgment, and any appeal shall not invalidate or delay it except as to property which is the subject of the appeal. Judgment may be entered as to any one or more tracts or parcels of land involved, and the court may retain jurisdiction of the case as to the balance.
4. All proceedings supplemental to the judgment, including appeal, period of redemption, sale and the issuance of a deed, shall be conducted in accordance with the law relating to property sold upon foreclosure of mortgages or liens upon real property, except that there shall be no personal liability upon the defendants for any deficiency in the proceeds of such sale.
Sec. 26. 1. If any assessment or installment thereof is not promptly collected or enforced, then any bondholder may file and prosecute a foreclosure action in the name of the municipality. Any bondholder may also proceed against such municipality to protect and enforce the rights of the bondholders under the Consolidated Local Improvements Law, or under any charter adopting the provisions hereof or referring hereto for a method of collecting assessments, or any ordinance required or permitted thereunder, by suit, action or special proceedings in equity or at law, either for the appointment of a receiver or for the specific performance of any provision contained herein or in such ordinance or in an award of execution of any power granted herein or in such ordinance for the enforcement of any proper, legal or equitable remedy as such bondholder or bondholders may deem most effectual to protect and enforce the rights aforesaid.
κ1969 Statutes of Nevada, Page 953 (CHAPTER 543, SB 74)κ
bondholders under the Consolidated Local Improvements Law, or under any charter adopting the provisions hereof or referring hereto for a method of collecting assessments, or any ordinance required or permitted thereunder, by suit, action or special proceedings in equity or at law, either for the appointment of a receiver or for the specific performance of any provision contained herein or in such ordinance or in an award of execution of any power granted herein or in such ordinance for the enforcement of any proper, legal or equitable remedy as such bondholder or bondholders may deem most effectual to protect and enforce the rights aforesaid.
2. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all holders of the bonds and coupons then outstanding. The failure of the bondholders so to foreclose such delinquent assessments, or so to proceed against the municipality, or both, shall not relieve the municipality or any of its officers, agents or employees of any liability for its failure so to foreclose such delinquent assessments.
Sec. 27. NRS 271.015 is hereby amended to read as follows:
271.015 1. This chapter shall apply:
(a) To any unincorporated city or unincorporated town.
(b) To any incorporated city or any incorporated town, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise. [, except to the extent that the legislature of the state cannot constitutionally and validly modify the government and powers of any such municipality by the adoption of this chapter.]
2. Nothing herein contained shall prevent any act or charter appertaining to any municipality or other subdivision of the state to which this chapter does not apply by the terms hereof from adopting the provisions hereof as from time to time amended, or otherwise, by expressed reference therein to the provisions hereof.
Sec. 28. NRS 271.235 is hereby amended to read as follows:
271.235 Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description. For all purposes of the Consolidated Local Improvements Law and any law amendatory thereof or supplemental thereto, any tract which is assessable property in an improvement district may be legally described pursuant to NRS 361.190 to 361.220, inclusive, as from time to time amended.
Sec. 29. (Deleted by amendment.)
Sec. 30. NRS 271.405 is hereby amended to read as follows:
271.405 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the governing body so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
κ1969 Statutes of Nevada, Page 954 (CHAPTER 543, SB 74)κ
shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the municipality to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 7 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
7. The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.
Sec. 31. NRS 271.415 is hereby amended to read as follows:
271.415 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the governing body in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
5. The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.
Sec. 32. NRS 271.445 is hereby amended to read as follows:
271.445 1. When any assessment is so levied by ordinance and is payable, the governing body shall direct: [the clerk:
κ1969 Statutes of Nevada, Page 955 (CHAPTER 543, SB 74)κ
(a) To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in NRS 271.420.
4. When such amount shall be collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the municipality from collecting any assessment by suit in the name of the governing body; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.]
(a) The clerk to report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) The municipal treasurer or the county treasurer to collect the several sums so assessed.
2. If the municipal treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, in the manner provided in sections 8 to 25, inclusive, of this act, except as otherwise provided in the ordinance levying the assessments.
3. If the county treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner, except as otherwise provided in the ordinance levying the assessments.
4. Such amounts shall continue to be a lien upon the tracts assessed until paid, as provided in NRS 271.420.
5. When such amount is collected, it shall be credited to the proper funds.
6. The assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 33. Section 175 of article XX of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 482, is hereby amended to read as follows:
Section 175. Tract defined. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description.
κ1969 Statutes of Nevada, Page 956 (CHAPTER 543, SB 74)κ
may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description. For all purposes of article XX of the charter and any law amendatory thereof or supplemental thereto, any tract which is assessable property in an improvement district may be legally described pursuant to NRS 361.190 to 361.220, inclusive, as from time to time amended.
Sec. 34. Section 218 of article XX of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 499, is hereby amended to read as follows:
Section 218. 1. When any assessment is so levied by ordinance and is payable, the council shall direct: [the clerk:
(a) The report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 213.
4. When such amount is collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the city from collecting any assessment by suit in the name of the council; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.]
(a) The clerk to report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) The city treasurer or the county treasurer to collect the several sums so assessed.
2. If the city treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, in the manner provided by the Consolidated Local Improvements Law, as from time to time amended, except as otherwise provided in the ordinance levying the assessments.
3. If the county treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner, except as otherwise provided in the ordinance levying the assessments.
4. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 213.
κ1969 Statutes of Nevada, Page 957 (CHAPTER 543, SB 74)κ
5. When such amount is collected, it shall be credited to the proper funds.
6. The assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 35. Section 44 of chapter III of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1242, is hereby amended to read as follows:
Section 44. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description. For all purposes of chapter III of the charter and any law amendatory thereof or supplemental thereto, any tract which is assessable property in an improvement district may be legally described pursuant to NRS 361.190 to 361.220, inclusive, as from time to time amended.
Sec. 36. (Deleted by amendment.)
Sec. 37. Section 20.41 of article XX of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as added by chapter 347, Statutes of Nevada 1963, at page 716, is hereby amended to read as follows:
Section 20.41. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description. For all purposes of article XX and any law amendatory thereof or supplemental thereto, any tract which is assessable property in an improvement district may be legally described pursuant to NRS 361.190 to 361.220, inclusive, as from time to time amended.
Sec. 38. Section 20.84 of article XX of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as added by chapter 347, Statutes of Nevada 1963, at page 733, is hereby amended to read as follows:
Section 20.84. 1. When any assessment is so levied by ordinance and is payable, the city council shall direct: [the clerk:
(a) To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 20.79 hereof.
κ1969 Statutes of Nevada, Page 958 (CHAPTER 543, SB 74)κ
4. When such amount shall be collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the city from collecting any assessment by suit in the name of the city council; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.]
(a) The clerk to report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) The city treasurer or the county treasurer to collect the several sums so assessed.
2. If the city treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, in the manner provided by the Consolidated Local Improvements Law, as from time to time amended, except as otherwise provided in the ordinance levying the assessments.
3. If the county treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner, except as otherwise provided in the ordinance levying the assessments.
4. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 20.79.
5. When such amount is collected, it shall be credited to the proper funds.
6. The assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 39. Section 79 of chapter III of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, and as amended by chapter 231, Statutes of Nevada 1965, at page 411, is hereby amended to read as follows:
Section 79. Thirty-Day Payment Period; Deferred Payments.
1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
κ1969 Statutes of Nevada, Page 959 (CHAPTER 543, SB 74)κ
question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The city council may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 7 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
7. The city clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.
Sec. 40. Section 87 of chapter III of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1258, is hereby amended to read as follows:
Section 87. Collection of Assessments.
1. When any assessment is so levied by ordinance and is payable, the city council shall direct: [the clerk:
(a) To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 82 hereof.
4. When such amount shall be collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the city from collecting any assessment by suit in the name of the city council; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.]
(a) The city clerk to report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) The director of finance or the city treasurer or the county treasurer to collect the several sums so assessed.
2. If the director of finance or the city treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, in the manner provided by the Consolidated Local Improvements Law, as from time to time amended, except as otherwise provided in the ordinance levying the assessments.
κ1969 Statutes of Nevada, Page 960 (CHAPTER 543, SB 74)κ
manner provided by the Consolidated Local Improvements Law, as from time to time amended, except as otherwise provided in the ordinance levying the assessments.
3. If the county treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner, except as otherwise provided in the ordinance levying the assessments.
4. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 82.
5. When such amount is collected, it shall be credited to the proper funds.
6. The assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 41. NRS 271.015 is hereby amended to read as follows:
271.015 1. This chapter shall apply:
(a) To any unincorporated city or unincorporated town.
(b) To any incorporated city, including Carson City, or any incorporated town, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.
2. Nothing herein contained shall prevent any act or charter appertaining to any municipality or other subdivision of the state to which this chapter does not apply by the terms hereof from adopting the provisions hereof as from time to time amended, or otherwise, by expressed reference therein to the provisions hereof.
Sec. 42. Section 35 of chapter 213, Statutes of Nevada 1969, is hereby repealed.
Sec. 43. Sections 1 to 40, inclusive, 42 and 43 of this act shall become effective upon passage and approval. Section 41 of this act shall become effective at 12:01 a.m. on July 1, 1969.
________
Senate Bill No. 196Committee on Commerce
CHAPTER 544
AN ACT relating to savings and loan associations; authorizing additional types of investment; and giving boards of directors the power of amending bylaws.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An association may invest in the capital stock, obligations or other securities of a related service corporation organized under the laws of this state, except a corporation organized for the underwriting or sale of insurance, subject to any rules and regulations which are applicable to federally chartered associations and to whatever regulations the commissioner may impose in this regard, if the entire capital stock of such corporation is available for purchase by associations organized under the laws of this state only.
κ1969 Statutes of Nevada, Page 961 (CHAPTER 544, SB 196)κ
securities of a related service corporation organized under the laws of this state, except a corporation organized for the underwriting or sale of insurance, subject to any rules and regulations which are applicable to federally chartered associations and to whatever regulations the commissioner may impose in this regard, if the entire capital stock of such corporation is available for purchase by associations organized under the laws of this state only.
2. No association may make any such investment if its aggregate, outstanding investments, pursuant to subsection 1, would then be in excess of 1 percent of its assets.
Sec. 2. NRS 673.207 is hereby amended to read as follows:
673.207 1. The business and affairs of every association shall be managed and controlled by a board of not less than five nor more than 15 directors, of which not more than a minority, but not more than three, may be full-time officers of the association. The persons designated in the articles of incorporation shall be the first directors.
2. Vacancies in the board of directors shall be filled by vote of the members and stockholders at the annual meetings or at a special meeting called for that purpose. The board of directors may fill vacancies occurring on the board, such appointees to serve until the next annual meeting of the members and stockholders.
3. The board of directors of any association may amend the bylaws of the association.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 179Committee on Commerce
CHAPTER 545
AN ACT relating to savings and loan associations; modernizing the regulation of the savings and loan business; providing penalties; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. Deposit means that part of the savings liability of an association which is credited to the account of the holder thereof.
Sec. 3. Interest means that part of the net earnings of an association which is declared payable from time to time on savings accounts or investment certificates by the board of directors and which represents the primary cost of securing and maintaining savings funds for an association.
Sec. 4. Merger means that consolidation of corporate structures which results in the uniting of substantially all the assets and liabilities of one state-chartered association with those of another such association or with those of a federal association.
κ1969 Statutes of Nevada, Page 962 (CHAPTER 545, SB 179)κ
Sec. 5. The commissioner may cause appropriate legal action to be taken in the district court of any county to secure an injunction or order restraining a violation of any provision of this chapter.
Sec. 6. 1. Every foreign association which desires to do any business or maintain an office of the kind provided for in this chapter shall apply to the commissioner for a license to transact such business or maintain such office in this state.
2. Every applicant for a license shall pay a fee of $250. The commissioner shall issue a license to an applicant if he is satisfied that the issuance of such license is consistent with the purpose of this chapter. The commissioner may revoke any such license when he is satisfied that the licensed activity or any part of it is not consistent with the purposes of this chapter. Every licensed foreign association shall pay an annual fee of $50.
3. At the time of making such application, every foreign association shall provide written consent to whatever examination or investigation the commissioner may desire to make during the license period.
4. The provisions of chapter 80 of NRS apply to all foreign associations licensed under the provisions of this section. For the purposes of this section, activities conducted by any foreign association, which are limited to any one or more of those enumerated in NRS 80.240, do not constitute doing business or require that such association be licensed.
Sec. 7. 1. Any investment in real property for purposes of subdivision or for residential development must not exceed the market value or appraisal valuation as evidenced by an appraisal report prepared within 120 days of such investment by a member of the American Institute of Real Estate Appraisers, the Society of Real Estate Appraisers, or the Independent Fee Appraisers Society, or by such other appraiser as may be approved by the commissioner.
2. Before such investment is made, the association shall provide the commissioner with a certified copy of one or more appraisal reports on the real property involved and with a title insurance company report, reflecting the chain of title for a period of at least 3 years and the amount of consideration, as available, given for each title transfer that may have occurred during the reported period. If the total amount to be invested in undeveloped real property exceeds one-half of 1 percent of the associations total savings accounts, the investment may not be made until the commissioner has given his written approval.
3. The commissioner may require a statement from the association disclosing whether or not any director, officer or employee of the association has a direct or indirect interest in the real property involved or has had any such interest at any time during the past 3 years. Stock ownership in an interested corporation may be considered the direct or indirect interest of the investor. Failure to make any such required disclosure is unlawful.
Sec. 8. A reserve for losses shall be maintained by each association which shall allow for the write-down of assets to their fair market value in accordance with generally accepted accounting principles.
Sec. 9. 1. An association may pay:
(a) Current or past-due taxes or assessments levied upon secured property;
κ1969 Statutes of Nevada, Page 963 (CHAPTER 545, SB 179)κ
(b) Insurance premiums;
(c) Life insurance premiums on policies that an association may require to be assigned as additional collateral; or
(d) Other similar charges required for the protection of its investments.
Such payments shall be added to the unpaid loan balance and shall have the same secured status under the deed of trust provisions as the loan itself. No association may require, as a condition of loan approval or in the extension of any other service, that any kind of insurance coverage be purchased from or through the association or from any agency in which a director or officer of the corporation has any interest.
2. An association may require advance monthly payments on:
(a) Principal.
(b) Interest.
(c) Taxes.
(d) Assessments.
(e) Insurance premiums.
(f) Other statutory charges accruing upon the secured property.
Each such payment may be equivalent to one-twelfth of the estimated annual amount due. Monthly charges may be adjusted to provide a reasonable method for the payment of estimated taxes, assessments, insurance premiums and other charges. Upon receipt thereof such payments may be carried in a separate trust account or they may be applied to the loan account as a credit upon receipt and debit when disbursed.
Sec. 10. 1. When an association acquires title to any real property by foreclosure or by a conveyance in lieu of foreclosure, the document representing the transaction must be recorded immediately.
2. An appropriate real-estate-owned account shall be set up for the property acquired and a separate subsidiary ledger or other appropriate record shall be maintained therefor. The amount carried in the account shall be the sum of the unpaid principal balance of the loan plus foreclosure costs, less any advance payments and any funds held in the loans-in-process account at the time of acquisition, together with:
(a) Any amounts paid after acquisition for real property taxes which have accrued prior to acquisition;
(b) Assessments due or delinquent at the time of acquisition; and
(c) Necessary acquisition costs and costs of insurance premiums.
3. The subsidiary ledger record or other appropriate record on each property acquired shall indicate:
(a) The type and character of the property acquired.
(b) All capitalized items of investment with related costs.
(c) Former loan or contract of sale account numbers.
Sec. 11. 1. The commissioner may, at the time of examining a savings and loan association, inspect the books, ledgers and minutes of any corporation which is registered or required to be registered under section 408 of the National Housing Act as a holding company whenever, in his discretion, he considers it advisable to ascertain facts which may relate to transactions between the holding company and the affiliated association. The provisions of NRS 673.450 apply to the examination of such corporation.
2. Upon making findings to that end, the commissioner may order the discontinuance of borrowing or lending, selling or buying of assets, extending credit or guaranteeing obligations of the holding company which has been undertaken without the written approval of the commissioner.
κ1969 Statutes of Nevada, Page 964 (CHAPTER 545, SB 179)κ
the discontinuance of borrowing or lending, selling or buying of assets, extending credit or guaranteeing obligations of the holding company which has been undertaken without the written approval of the commissioner.
3. No unreasonable supervisory fees may be imposed upon any association by a holding company which controls such association.
Sec. 12. 1. In case of the refusal of any person to attend or testify or produce any papers required by the subpena directed to be served under the provision of NRS 673.450, the commissioner may report to the district court in and for the county in which the examination, hearing or investigation is pending by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of such person or the production of the books and papers;
(b) Such person has been subpenaed in the manner prescribed in this chapter; and
(c) Such person has failed and refused to attend or produce the papers required by subpena before the commissioner in the examination, hearing or investigation named in the subpena, or has refused to answer questions propounded to him in the course of such examination, hearing or investigation,
and asking an order of the court compelling such person to attend and testify or produce the books or papers before the commissioner.
2. The court, upon petition of the commissioner, shall enter an order directing such person to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the commissioner. A certified copy of the order shall be served upon such person. If it appears to the court that the subpena was regularly issued by the commissioner, the court shall thereupon enter an order that such person appear before the commissioner at the time and place fixed in the order and testify or produce the required books or papers; and upon failure to obey the order such person shall be dealt with as for contempt of court.
Sec. 13. 1. The conservator confirmed or appointed by the court shall have all the power expressed in the court order and the following:
(a) All the rights, powers and privileges possessed by the directors, officers and members.
(b) The power to request the resignation of or remove any director, officer or employee for cause and upon written notice, which shall show the commissioners approval of such action.
(c) The power to accept new savings accounts and additions to existing accounts, which shall become segregated accounts and amounts, if the commissioner so orders in writing, not subject to offset and not available for liquidating any indebtedness of an association existing at the time the conservator was appointed.
2. The conservator may not:
(a) Retain special counsel or other experts without prior approval of the court;
(b) Incur any expenses other than normal operating expenses; or
(c) Liquidate assets except in the normal course of operations or for the preservation of existing asset values.
κ1969 Statutes of Nevada, Page 965 (CHAPTER 545, SB 179)κ
3. All expenses of the association, during such conservatorship, shall be paid by the association.
4. The amount of compensation for the conservator shall be determined by the court and paid by the association. When either the commissioner or his deputy has been appointed conservator, such compensation shall be paid to the state treasurer.
5. During the conservatorship, association members shall continue to make such payments to the association as may be required under the terms of their respective contracts.
6. Savings account members may, with the approval of the conservator, withdraw all or any part of their savings accounts under the provisions of this chapter or under such rules and regulations as the commissioner may prescribe.
7. The conservator shall return the association to the board of directors if the conditions complained of by the commissioner have been removed within 12 months of his appointment. If no such change has been effected in such time, a receiver may be appointed by the commissioner as provided in this chapter.
Sec. 14. 1. If the commissioner finds that any association:
(a) Is in an impaired condition;
(b) Is engaging in practices which threaten to result in an impaired condition; or
(c) Is in violation of an order or injunction, as provided in NRS 673.495, which has become final in that the time to appeal has expired without appeal or a final order entered from which there can be no appeal,
the commissioner may appoint a receiver for such association, which may be the commissioner, his deputy or any other person, and upon such appointment shall apply immediately to a court of general jurisdiction in the county in which the home office of the association is located for confirmation of such appointment, and such court shall have exclusive jurisdiction to determine the issues and all related matters. Such proceedings shall be given precedence over other cases pending in such court, and shall in every way be expedited. Such court shall confirm such appointment if it finds that one or more such grounds exist, and a certified copy of the order of the court confirming such appointment shall be evidence thereof. In the case of an insured association, the appointment by the commissioner of a receiver under this section shall constitute an official determination of a public authority of this state pursuant to which a receiver is appointed for the purpose of liquidation as contemplated by and within the meaning of section 406 of the National Housing Act of 1934, as amended, if, within 10 days after the date the application of the commissioner is filed, confirmation of such appointment or denial of confirmation has not been issued by the court. Such receiver shall have all the powers and authority of a conservator plus the power to liquidate, and shall have such other powers and authority as may be expressed in the order of the court. If the commissioner, or his deputy, or examiner is appointed receiver, he shall receive no additional compensation, but if another person is appointed, then the compensation of the receiver, as determined by the court, shall be paid from the assets of the association.
2. If the association is an institution insured by the Federal Savings and Loan Insurance Corporation, the Federal Savings and Loan Insurance Corporation shall be tendered appointment as receiver or coreceiver.
κ1969 Statutes of Nevada, Page 966 (CHAPTER 545, SB 179)κ
and Loan Insurance Corporation, the Federal Savings and Loan Insurance Corporation shall be tendered appointment as receiver or coreceiver. If it accepts such appointment, it may, nevertheless, make loans on the security of or purchase at public or private sale any part or all of the assets of the association of which it is receiver or coreceiver, provided such loan or purchase is approved by such court.
3. The procedure in such receivership action shall be in all other respects in accordance with the practice in such court, including all rights of appeal and review. The directors, officers and attorneys of an association in office at the time of the initiation of any proceeding under this section or under NRS 673.495 are expressly authorized to contest any such proceeding and shall be reimbursed for reasonable expenses and attorney fees by the association or from its assets. Any court having any such proceeding before it shall allow and order paid reasonable expenses and attorney fees for such directors, officers and attorneys.
Sec. 15. 1. An association may reorganize, merge or consolidate with another state or federal association, if the reorganization, merger or consolidation is based upon a plan which has been adopted by the board of directors and approved at a regular or special membership meeting which has been called to consider such action. Such approval must rest on a favorable vote of a majority of the voting power of the association as established by its articles.
2. Any such plan for reorganization, merger or consolidation must be approved by the commissioner, who shall satisfy himself that the plan, if approved, would be equitable for the members of the affected association or associations and would not impair the usefulness or success of other properly conducted associations in the community. In submitting an application for approval of any such plan, each association proposing to reorganize, merge or consolidate shall provide a comprehensive review of its present financial statement and a projected view of the financial statement of the reorganized, merged or consolidated association.
3. Unless such action is specifically authorized by or taken in conformity with this chapter, no association may, directly or indirectly:
(a) Reorganize, merge or consolidate.
(b) Assume liability to pay savings accounts or other liabilities of any financial institution or any other organization, person or entity.
(c) Transfer assets to any financial institution or any other organization, person or entity in consideration of such transferees assumption of liability for any portion of the transferors savings accounts, deposits or other liability.
(d) Acquire the assets of any financial institution or any other organization, person or entity.
4. Any association aggrieved by any action or position taken by the commissioner under this section may appeal therefrom to the board in the manner provided by NRS 673.047.
5. Each application which is made under this section shall be accompanied by a fee payment of $150. The responsibility for payment of such fee shall be shared equally by the associations participating in each such proposed plan.
Sec. 16. NRS 673.001 is hereby amended to read as follows:
673.001 As used in this chapter, unless the context otherwise requires, words shall have the meanings assigned in NRS 673.002 to 673.034, inclusive [.]
κ1969 Statutes of Nevada, Page 967 (CHAPTER 545, SB 179)κ
words shall have the meanings assigned in NRS 673.002 to 673.034, inclusive [.] , and sections 2 to 4, inclusive, of this act.
Sec. 17. NRS 673.004 is hereby amended to read as follows:
673.004 Certificates, contracts or securities means all of the instruments enumerated in NRS [673.070.] 673.017.
Sec. 18. NRS 673.007 is hereby amended to read as follows:
673.007 Dividend means that part of the net earnings of an association which is declared payable [on savings accounts from time to time] by the board of directors [, and is the cost of savings money to the association.] to the holders of permanent capital stock.
Sec. 19. NRS 673.017 is hereby amended to read as follows:
673.017 1. Investment certificate means any certificate or contract, either paid up or purchasable on an installment basis, which is issued for the purpose of providing a means of investment or savings.
2. An accumulative investment certificate is an investment certificate, not full paid and without an expressed date of maturity, upon which the holder has the option of making payments at such times and in such amounts as the holder elects and as the association permits.
3. A full paid investment certificate is an investment certificate, with or without an expressed date of maturity, for which the association has received the principal amount thereof at or prior to the time of the issuance of the certificate.
4. A minimum term investment certificate is an investment certificate for which the association has received a single payment equal to the principal amount thereof and which has a date expressed therein before which notice of intention to withdraw cannot be given, or which requires written notice from the holder to the association for a period specified therein before the expiration of which period notice of intention to withdraw cannot be given. On and after such date, or upon and after the expiration of the specified period following such written notice, each such certificate ceases to be a minimum term investment certificate and becomes a full paid investment certificate, subject to the same withdrawal rights and restrictions as a full paid investment certificate.
Sec. 19.5. NRS 673.018 is hereby amended to read as follows:
673.018 Member means a person owning a savings account of [an] a mutual association, or a person borrowing from or assuming or obligated upon a loan held by an association, or purchasing property securing a loan held by an association, and any other person obligated to an association. A joint and survivorship relationship, whether of investors or borrowers, constitutes a single membership.
Sec. 20. NRS 673.031 is hereby amended to read as follows:
673.031 Savings account means that part of the savings liability of the association which is credited to the account of the [holder] investor-member thereof.
Sec. 21. NRS 673.032 is hereby amended to read as follows:
673.032 Savings liability means the aggregate amount of savings accounts, including [dividends] interest credited to such accounts, less [redemptions and] withdrawals.
Sec. 22. NRS 673.035 is hereby amended to read as follows:
673.035 The commissioner shall administer the provisions of this chapter, subject to administrative supervision by the director. He shall make the decisions, determinations and enter the consents and orders necessary or reasonably appropriate to accomplish the purposes of this chapter.
κ1969 Statutes of Nevada, Page 968 (CHAPTER 545, SB 179)κ
make the decisions, determinations and enter the consents and orders necessary or reasonably appropriate to accomplish the purposes of this chapter. Nothing in this chapter shall be construed to prevent an association or person affected by any order, ruling, proceeding, act or action of the commissioner or any person acting on his behalf, or the director or any person acting on his behalf and at his instance, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error or other proper process or proceeding, mandatory or otherwise.
Sec. 23. NRS 673.0351 is hereby amended to read as follows:
673.0351 The commissioner shall:
1. Have had experience in the savings and loan field.
2. Receive an annual salary in the amount specified in NRS 281.115.
3. Receive the per diem expense allowance and travel expenses as [fixed by law.] provided in NRS 281.160, including but not limited to expense allowance and travel expenses for attendance at conferences and meetings of the Federal Home Loan Bank, Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation and National Association of Savings and Loan Supervisors.
Sec. 24. NRS 673.0355 is hereby amended to read as follows:
673.0355 1. The savings association appeal board is hereby created.
2. The board shall consist of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of this state.
3. The members shall be representative businessmen but not more than one may be actively engaged in the operation and management of an association.
4. The governor shall designate one of the members as chairman of the board.
5. The board shall serve in an appeal capacity to the savings and loan division and shall conduct such hearings and perform such other functions as required by the provisions of this chapter.
6. Any association aggrieved by any action of the commissioner or the director or by his or their failure to act under the provisions of this chapter may appeal therefrom to the board pursuant to the provisions of NRS 673.047.
7. Upon request by the chairman, the commissioner shall provide such facilities as may be required for the conduct of such hearings, including stenographic and clerical assistance.
8. The board may not conduct any hearing or perform any other legally required function unless it is undertaken as legally constituted board action.
9. Within 5 days after any hearing, the commissioner shall deliver or mail to each board member and to each association affected a copy of the transcript or minutes of such hearing.
Sec. 25. NRS 673.039 is hereby amended to read as follows:
673.039 [1. The savings and loan division may adopt and amend, from time to time, regulations for the orderly conduct of its affairs.
2. The savings and loan division shall:
(a) Have a seal which shall be judicially noticed.
(b) Keep, in the office of the commissioner, records of its proceedings.
κ1969 Statutes of Nevada, Page 969 (CHAPTER 545, SB 179)κ
In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of such records certified as correct under the seal of the division shall be admissible in evidence as tending to prove the contents of such records.] The commissioner shall:
1. Have a seal which shall be judicially noticed.
2. Keep in his office:
(a) For no less than 5 years, every report made by an association.
(b) The original application of every association in a permanent file.
(c) Other administrative documents in the manner provided by law or by appropriate regulations.
3. Provide a complete stenographic record of every hearing and proceeding conducted by his office and maintain, for no less than 5 years, a transcript of such hearing or proceeding, together with any regulation, order, decision, determination or consent entered in connection with such hearing or proceeding. In any proceeding, whether before the board or in a civil or criminal court proceeding, arising out of or founded upon any provision of this chapter, copies of such transcripts and entries, certified as correct under the seal of the division, shall be admissible in evidence as tending to prove the contents of such records and entries.
Sec. 26. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to such articles of any such organization may be filed by the secretary of state without the written approval thereof by the commissioner.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.
4. (a) Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize such an association before taking any other action in connection therewith.
(b) Upon execution of an application for permission to organize by seven responsible citizens (hereinafter in this section referred to as applicants), the original and two copies thereof shall be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock and shares, statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data shall be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(1) The character and responsibility of the applicants;
(2) The need for such association in the community to be served;
(3) Reasonable probability of its usefulness and success; and
κ1969 Statutes of Nevada, Page 970 (CHAPTER 545, SB 179)κ
(4) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
(c) If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, which hearing shall be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered mail by the parties.
(d) The commissioner shall approve or deny the application within 90 days from the date of the conclusion of the hearing and shall give all parties written notice of his decision on or before such date.
(e) If the commissioner approves the application, he shall establish as conditions to be met prior to the issuance of a charter requirements as to:
(1) Minimum number of shares of permanent capital stock to be subscribed to the associations permanent capital, at least 75 percent of which in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;
(2) Minimum amount of paid-in surplus;
(3) Minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(4) Such other requirements as he deems necessary or desirable.
Approval of an application for permission to organize an association shall not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
[5. Prior to the issuance of a charter for a branch office of an existing association, the commissioner shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, which hearing shall be held not earlier than 60 days nor more than 90 days from the date of receipt of written notice by registered mail by the parties.
6.] (f) The charter shall expire 180 days from issuance, unless, within such time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The commissioner may, for good cause, extend the time of such conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
5. No association shall sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation.
κ1969 Statutes of Nevada, Page 971 (CHAPTER 545, SB 179)κ
[7.] 6. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
[8.] 7. Every application for permission to organize, as provided for in this section, shall be accompanied by a fee of $500, which shall be paid into the general fund in the state treasury and no part of which shall be refunded.
[9.] 8. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
[10.] 9. Every permission to organize issued by the commissioner shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
[11.] 10. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation.
[12.] 11. The removal of [any office] the home office or of any branch office of an association to any other location from its then-existing location requires prior approval of the commissioner.
[13.] 12. An application seeking such approval must be delivered to the commissioner, together with a fee payment to cover expenses attendant upon the investigation required for such approval, which shall be in an amount, not less than $100 nor more than $250, to be determined by the commissioner. No association shall pay any commissions or other compensation for the subscription to or sale of its stock.
Sec. 27. NRS 673.112 is hereby amended to read as follows:
673.112 1. A branch office is a legally established place of business of an association, other than the home office, authorized by the board of directors and approved by the commissioner, and at which any and all association business may be conducted.
2. All branch offices shall be subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the commissioner. Each application for approval of the establishment and maintenance of a branch office shall:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) Be accompanied by a fee of $250, no part of which shall be refunded.
(c) Be accompanied by a budget of the association for the current [dividend] semiannual period and for the next succeeding semiannual period, which reflects the estimated additional expenses of the maintenance of such branch office.
4. After receipt of an application the commissioner shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any properly conducted existing association in the community where such branch office is proposed to be established or in any neighboring community; and
κ1969 Statutes of Nevada, Page 972 (CHAPTER 545, SB 179)κ
will unduly injure any properly conducted existing association in the community where such branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. Prior to the issuance of a charter for a branch office, the commissioner shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, which hearing shall be held not earlier than 60 days nor more than 90 days from the date of receipt of written notice by registered mail by the parties.
6. If the commissioner finds that no undue injury is likely to result, that the establishment and maintenance of such branch office is advisable and will serve the public interest, he may approve the application.
[6.] 7. Approval of an associations application for a branch office charter permits such association to establish an operating office in either a temporary or a permanent building, if such building is placed on or erected at the approved location within 6 months of such approval.
8. For good cause and after notice to the association, the commissioner may revoke his approval for the maintenance of a branch office. [Such] Failure to establish a branch office in the manner and within the time permitted under this section constitutes good cause for revocation, unless a prior, written request for a waiver of the time limitation is sought by the association and an extension, in writing, is granted by the commissioner.
Any such revocation may be appealed by the association pursuant to the provisions of NRS 673.047.
[7.] 9. An association which maintains one or more branch offices shall give each branch office a specific designation by name and include in the designation the word branch and shall prominently display the designation at the place of business of the branch. When an association is operating a branch office or offices, all advertising of or by any such branch office shall state clearly the location of the principal office of such association.
Sec. 28. NRS 673.113 is hereby amended to read as follows:
673.113 1. Every association shall maintain [a bankers blanket surety] bond coverage with a bonding company [qualified to do business in this state,] which is acceptable to the commissioner and the Federal Savings and Loan Insurance Corporation for an amount to be determined by the commissioner not to exceed 5 percent of the total assets of the association, nor for an amount greater than $3,000,000, covering all directors, officers, employees, [and] agents, [and] data processing service firms and all other operating hazards that are normally covered under such a [blanket] bond. The bond shall [insure the association.] be in the form known as Standard Form No. 22, its equivalent or some other form which may be acceptable to the Federal Savings and Loan Insurance Corporation and the commissioner. The bond coverage may allow for a deductible amount or provision adopted under Title 12, Code of Federal Regulations, Section 563.19(a), (b) and (c), and under any subsequent amendments thereto.
κ1969 Statutes of Nevada, Page 973 (CHAPTER 545, SB 179)κ
deductible amount or provision adopted under Title 12, Code of Federal Regulations, Section 563.19(a), (b) and (c), and under any subsequent amendments thereto.
2. A true copy of the surety bond shall be placed in the custody of the commissioner and the original maintained in the office of the association at all times.
3. The surety bond shall provide that a cancellation thereof, either by the surety company or by the insured, shall not become effective [unless and] until 10 days notice in writing is first given to the commissioner, or unless he earlier approves the cancellation [.] in writing.
4. When requested by the commissioner, the association shall provide a duplicate copy of the invoice showing that the bond premium has been paid or satisfied.
5. The face amount of the surety bond shall comply with the requirements of the Federal Savings and Loan Insurance Corporation.
Sec. 29. NRS 673.115 is hereby amended to read as follows:
673.115 1. No association shall issue or publish, or cause or permit to be issued or published, any advertisement that it is doing or is permitted to do any business which is prohibited by law to an association, or which misrepresents the nature of its shares, stock, investment certificates or the right of investors or depositors in respect thereto.
2. An association may set forth in any of its advertisements any of the purposes for which it is organized.
3. Associations shall not issue, circulate or publish any advertisement after notice in writing from the commissioner that in his opinion the advertisement is unauthorized, false, misleading or likely to deceive the public.
4. An association shall not:
(a) State in any advertisement that it is under state supervision or control.
(b) Include in any advertisement or in any instrument used by it a replica of the great seal of the State of Nevada.
(c) State or imply in any advertisement that funds may be invested with such association at any place other than the principal office or branch of the association.
(d) Use the word deposit or deposits in any form of advertising [.] , unless the use of such word is authorized in the advertising of a federal savings and loan association pursuant to federal law.
5. No association [shall] may offer or deliver any gift or premium to any investor [of] or saver of an investment certificate or to any savings member in excess of basic cost to the association of $2.50.
Sec. 30. NRS 673.225 is hereby amended to read as follows:
673.225 1. Notwithstanding any other provision of this chapter, every company, association or corporation licensed under the provisions of this chapter whose accounts are insured by the Federal Savings and Loan Insurance Corporation or its successor, or which is a member of a federal home-loan bank or its successor [,] as an insured association, shall possess the same rights, powers, privileges, immunities and exceptions which are possessed by any federally chartered association.
2. When more permissive lending and investment privileges and provisions regarding [payments] payment of interest [and dividends] to savers or savings account holders, establishment of savings accounts, the acceptance of which has been approved by the Nevada Supervisory Authority and the Federal Savings and Loan Insurance Corporation or other powers, privileges, immunities and exceptions are extended to federally chartered associations, the same shall be extended to every [company,] federally insured association or corporation licensed under the provisions of this chapter.
κ1969 Statutes of Nevada, Page 974 (CHAPTER 545, SB 179)κ
savers or savings account holders, establishment of savings accounts, the acceptance of which has been approved by the Nevada Supervisory Authority and the Federal Savings and Loan Insurance Corporation or other powers, privileges, immunities and exceptions are extended to federally chartered associations, the same shall be extended to every [company,] federally insured association or corporation licensed under the provisions of this chapter. [whose accounts are insured by the Federal Savings and Loan Insurance Corporation or its successor, or which is a member of a federal home-loan bank or its successor.]
Sec. 31. NRS 673.270 is hereby amended to read as follows:
673.270 1. No person shall, as a soliciting agent, soliciting representative or employee of any such foreign or domestic company, association or corporation, or in any other capacity, sell or solicit sales for any [such] securities such as investment certificates or savings accounts or contract for the sale of securities until he shall have first been licensed as a salesman or solicitor for sales of such securities by the commissioner.
2. No person shall be licensed for a period of more than 1 year, and he shall not be licensed until he has first satisfied the commissioner as to his personal integrity.
3. For the issuing of any license provided for in this section and for any renewal thereof, the fee of the commissioner shall be [$2.] $5. All sums so received by the commissioner shall be [forthwith] delivered to the state treasurer and shall be paid into the general fund in the state treasury.
4. Tellers or other employees of an insured savings and loan association are exempt from such licensing requirements unless their employment entails soliciting sales outside their respective offices as commission salesmen.
Sec. 32. NRS 673.274 is hereby amended to read as follows:
673.274 1. No association whose stock, surplus, undivided profits and reserves are less than the amount specified in NRS 673.273 may:
(a) Issue investment certificates or withdrawal [shares] accounts except in lieu of investment certificates or withdrawal [shares] accounts theretofore issued.
(b) Receive additional funds upon investment certificates or withdrawal [shares] accounts other than installment investment certificates or installment withdrawal [shares.] accounts.
2. The provisions of this section shall not prevent the crediting to investment certificates of interest earned thereon, or the crediting to withdrawal [shares of dividends or earnings] accounts of interest thereon, if the payment of such interest [or dividends] is not otherwise prohibited by the provisions of this chapter.
Sec. 33. NRS 673.276 is hereby amended to read as follows:
673.276 1. An association shall have the power to invest in:
(a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
(b) Stock of a federal home-loan bank of which it is eligible to be a member.
(c) Any obligations or consolidated obligations of any federal home-loan bank or banks.
κ1969 Statutes of Nevada, Page 975 (CHAPTER 545, SB 179)κ
(d) Stock or obligations of the Federal Savings and Loan Insurance Corporation.
(e) Stock or obligations of a national mortgage association or any successor or successors thereto.
(f) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.
(g) Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such corporation or agency assists in furthering or facilitation the associations purposes or powers.
(h) Savings accounts of any insured state-licensed association and of any federal savings and loan association, but each investment in any such other savings and loan association shall be fully insured by the Federal Savings and Loan Insurance Corporation.
(i) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
2. An association may invest any portion of its funds in loans to its borrowing members secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one nonresidential loan can be made in excess of 2 percent of the total [assets] savings accounts of the association [.] unless approved in writing by the commissioner.
3. [An] No association may create loans by investment in real property [within 100] further than 100 miles [of] from its home office, [and such] unless it has the prior, written approval of the commissioner. Such investment may include the subdivision and development of such real property principally for residential use. No association shall have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the written permission of the commissioner.
Sec. 34. NRS 673.324 is hereby amended to read as follows:
673.324 An association may make real property loans to eligible members on the direct reduction plan, repayable in monthly installments, equal or unequal, sufficient to retire the debt, interest and principal within 30 years, except that this 30-year limitation shall not apply to loans made by an association which are insured by the Federal Housing Administration, [or] which are guaranteed under the provisions of the Servicemens Readjustment Act of 1944, as heretofore, now or hereafter in force, [or] which are otherwise insured or guaranteed by the United States or any agency or instrumentality thereof [,] or which have been extended in time solely as a result of variances in interest rates during the loan term, but the loan contract shall not provide for any subsequent monthly installment of an amount larger than any other previous monthly installment in excess of 50 percent. The monthly payments required shall be applied first to advances and interest on the unpaid balance of the debt and the remainder to the reduction of the debt until the same is paid in full.
κ1969 Statutes of Nevada, Page 976 (CHAPTER 545, SB 179)κ
Sec. 35. NRS 673.3271 is hereby amended to read as follows:
673.3271 1. No association shall [hold] make at one time loans to any one borrower, or under any one transaction, or applicable to any one project, or tract, if the loans in the aggregate are in excess of whichever of the following is the lesser:
(a) [Ten] Five percent of its total [assets.] savings accounts, unless such requirement is waived by written approval of the commissioner.
(b) An amount equal to the sum of its capital, surplus, undivided profits, loan reserve, federal insurance reserve, capital notes and such other reserves as the commissioner may prescribe.
2. For the purpose of this section, the term one borrower means:
(a) Any person or entity that is, or that upon the making of a loan will become, obligor on a loan on the security of real estate.
(b) Nominees of such obligor.
(c) All persons, trust, partnerships, syndicates and corporations of which such obligor is a nominee or a beneficiary, partner, member, or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock [.] of any corporation.
(d) If such obligor is a trust, partnership, syndicate or corporation, all trusts, partnerships, syndicates and corporations of which any beneficiary, partner, member, or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock is also a beneficiary, partner, member or stockholder of record or beneficial interest stockholder owning 10 percent or more of the capital stock of such association.
3. For the purpose of this section, the term loans to any one borrower means the amount of the new loan plus the total balances of all outstanding loans on the security of real estate owed to the association by such borrower. Notwithstanding any other limitations of this section, any such loan may be made if the new loan when added to the total balances of all outstanding loans on the security of real estate owed to the association by such borrower does not exceed $100,000.
4. For the purpose of this section, the term balances of all outstanding loans means the original amounts loaned by the association plus any additional advances and interest due and unpaid, less repayments and participating interests sold and exclusive of any loan on the security of real estate the title to which has been conveyed to a bona fide purchaser of such real estate.
5. If an association makes a loan to any one borrower, as defined in this [section,] chapter, in an amount which, when added to the total balances of all outstanding loans on the security of real estate owed to the association by such borrower, exceeds $100,000, the records of such association with respect to such loan shall include documentation showing that such loan was made within the limitations of this [section.] chapter. For the purpose of such documentation, the association may require, and may accept in good faith, a certification by the borrower identifying the persons, entities and interests described in the definition of one borrower in subsection 2.
Sec. 36. NRS 673.333 is hereby amended to read as follows:
673.333 1. The apportionment of earnings or payment of interest by declaration of the board of directors shall be made semiannually on June 30 and December 31 of each year, or quarterly on such dates, plus March 31 and September 30 of each year.
κ1969 Statutes of Nevada, Page 977 (CHAPTER 545, SB 179)κ
declaration of the board of directors shall be made semiannually on June 30 and December 31 of each year, or quarterly on such dates, plus March 31 and September 30 of each year.
2. The percentage rate of the declaration shall be determined by the board of directors as it shall deem expedient for the safety and security of all members and investors; but if such percentage rate is excessive, unjust or inequitable, it shall be subject to disapproval of, and reduction by, the commissioner. However, the association may appeal any disapproval or reduction by the commissioner to the board.
3. No association shall be required to pay or credit interest on accounts of $10 or less [.] which show no entries of debit or credit for a period of 2 years, except for accumulated interest credits.
4. Except as otherwise provided in this chapter, interest shall be declared on the participation value of each account at the beginning of the interest period, plus payments thereon made during the interest period, less amounts withdrawn, which for interest purposes shall be deducted from the latest previous payments thereon, computed at the rate for the time invested, determined as provided in this section.
5. The date of investment shall be the date of actual receipt by the association, except that the board of directors may fix a date, which shall not be later than the [20th] 10th day of the month, for determining the date of investment on which interest shall be computed. [The] A date later than the 10th may be set if it is permissible for federal associations. If permitted by federal regulations, as amended, the board of directors may permit investments to receive interest calculated from the date of actual receipt.
6. In addition to the classes of savings accounts provided for in this chapter, an association may, with the approval of its board of directors, authorize additional classes of savings accounts [, providing the information about such additional classes of accounts is made available to all savings account holders.] which will conform to those types or classes, which have been established by the Federal Home Loan Bank Board by regulation or which may be hereafter authorized by it.
Sec. 37. NRS 673.360 is hereby amended to read as follows:
673.360 1. [Shares, share accounts] A savings account or investment certificates of any such association or company, including a federal savings and loan association, may be purchased and held by any person as administrator, executor, guardian, or as trustee or other fiduciary, in trust for a named beneficiary or beneficiaries.
2. Any person holding [shares or share accounts] a savings account as such fiduciary shall have power to vote as a member as though the [shares or share accounts] savings account were held absolutely, and any such fiduciary shall have the power to make payments upon, and to withdraw, [or repurchase,] in whole or in part, any such [shares, share accounts] savings account or investment certificates.
3. The withdrawal [or repurchase] value of any such [shares, share accounts] savings account or investment certificates, and [dividends or] interest thereon, or other rights relating thereto, may be paid or delivered to such fiduciary, and the payment or delivery to any such fiduciary, or a receipt or acquittance signed by any such fiduciary, to whom any such payment or any such delivery of rights is made shall be a valid and sufficient release and discharge of any such association or company for the payment or delivery so made.
κ1969 Statutes of Nevada, Page 978 (CHAPTER 545, SB 179)κ
payment or any such delivery of rights is made shall be a valid and sufficient release and discharge of any such association or company for the payment or delivery so made.
Sec. 38. NRS 673.370 is hereby amended to read as follows:
673.370 1. Whenever a person holding [shares, share accounts] a savings account or investment certificates as trustee or other fiduciary, in trust for a named beneficiary or beneficiaries, dies, and no written notice of the revocation or termination of the trust relationship shall have been given to any such association or company, the withdrawal [or repurchase] value of such [shares, share accounts] savings account or investment certificates, and [dividends or] interest thereon, or other rights relating thereto, may, at the option of the association or company, be paid or delivered, in whole or in part, to the named beneficiary or beneficiaries of such trust.
2. The payment or delivery to any such beneficiary or beneficiaries, or a receipt or acquittance signed by any such beneficiary or beneficiaries for any such payment or delivery, shall be a valid and sufficient release and discharge of any such association or company for the payment or delivery so made.
Sec. 39. NRS 673.410 is hereby amended to read as follows:
673.410 1. If any association, company or corporation organized or incorporated under the laws of any governing body other than the State of Nevada is doing business in this state under the provisions of this chapter, and the laws of such other governing body conflict with any of the provisions of NRS 673.380 and 673.390, the provisions of the laws of [such other] this governing body shall prevail as to each such conflict.
2. Whenever any such foreign organization follows a course or performs any act which is forbidden to any domestic organization under the terms of NRS 673.380 and 673.390, it shall report to the commissioner all of the facts relating thereto.
Sec. 40. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain, in such form and detail as the commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of shares.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to investors at the close of its last fiscal year.
(e) Any other facts which the commissioner may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published at least two times in some newspaper having a general circulation in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the commissioner.
κ1969 Statutes of Nevada, Page 979 (CHAPTER 545, SB 179)κ
shall be completed on or before May 1, and proof thereof shall be filed in the office of the commissioner.
3. One section of the annual report shall contain such other information as the commissioner may require to be furnished therein. This section need not be published and shall be treated as confidential by the commissioner.
4. Every association shall be required to pay to the commissioner for supervision and examination:
(a) An annual fee of $200 for each home office, and an annual assessment on its gross assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of gross assets.
(b) An annual fee of $100 for each branch office.
5. The commissioner shall determine from the annual statement the amount due from each association and shall submit a bill to the association for such amount by March 15. A penalty of 10 percent of the fee payable shall be charged for each month or part thereof that the fees are not paid after April 15 of each year.
6. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the general fund in the state treasury.
[7. At the time of filing its annual report, every foreign savings and loan association, company or corporation, doing business in this state, whether or not doing business by and through agents or representatives in this state, except federally chartered savings and loan associations having their home offices located within the State of Nevada, shall be required to obtain a license to do business within the State of Nevada. The license shall be issued by the commissioner in accordance with the provisions of NRS 673.080 and shall be subject to the provisions of NRS 673.260.]
Sec. 41. NRS 673.450 is hereby amended to read as follows:
673.450 1. The commissioner is authorized to [make] conduct or cause to be [made] conducted such hearings, investigations or examinations of the books and records, wherever they may be, [and of] relating to the affairs of such organizations as he may deem expedient [.] and in aid of the proper administration of the provisions of this chapter.
2. In connection with the [provisions of this section the commissioner shall have full access to, and may compel the production of, all books, papers, moneys, securities and records of such organization and may administer oaths.] conduct of any such hearing, investigation or examination, the commissioner or other person designated by him to conduct the same shall have power to:
(a) Compel the attendance of any person by subpena.
(b) Administer oaths.
(c) Examine any person under oath concerning the business and conduct of affairs of any association subject to the provisions of this chapter, and pursuant thereto to require the production of any books, papers, records, moneys and securities relevant to the inquiry. Any willful false swearing shall be deemed perjury and shall be punishable as such.
Sec. 42. NRS 673.485 is hereby amended to read as follows:
673.485 1. If the commissioner finds as the result of any examination or from any report made to him or to any association doing business in this state or from any report made to any of its investors that the association is violating the provisions of its articles of incorporation, charter, bylaws, or any law of this state, or is conducting its business in an unsafe or injurious manner, he may by an order addressed to such association direct a discontinuance of such violations or unsafe or injurious practices and a conformity with all the requirements of law.
κ1969 Statutes of Nevada, Page 980 (CHAPTER 545, SB 179)κ
this state or from any report made to any of its investors that the association is violating the provisions of its articles of incorporation, charter, bylaws, or any law of this state, or is conducting its business in an unsafe or injurious manner, he may by an order addressed to such association direct a discontinuance of such violations or unsafe or injurious practices and a conformity with all the requirements of law.
2. If an association does not comply with such order, the commissioner may order the corporate secretary to call a special directors meeting to consider the matter of noncompliance.
3. The meeting shall be held no later than 60 days after issuance of the order to hold the meeting, unless otherwise restrained by court order or by the board. The business of the meeting shall be limited to the matter of noncompliance and remedies therefor and the notice of such meeting shall set forth in detail the commissioners discontinuance order and order to call a directors meeting.
4. Action taken at the meeting shall be binding upon the officers of the association.
Sec. 43. NRS 673.495 is hereby amended to read as follows:
673.495 1. The commissioner may, with the prior approval of the board, [demand and take possession of the property, business and assets of an] appoint a conservator for such association if any of the following occur:
[1.] (a) The association does not comply with [the] any order given pursuant to NRS 673.485, within the time specified therein.
[2.] (b) It appears to the commissioner that the association is in an unsafe condition or is conducting its business in an unsafe or injurious manner such as to render its further proceeding hazardous to the public or to any or all of its investors.
[3.] (c) The commissioner finds that the associations assets are impaired to such an extent that, after deducting all liabilities other than to its investors they do not equal or exceed the sum of the value of its outstanding [shares] savings accounts and investment certificates and the par value of its outstanding stock.
[4.] (d) The association refuses to submit its books, papers and accounts to the inspection of the commissioner or any of his examiners, deputies or assistants.
[5.] (e) Any officer of the association refuses to be examined upon oath concerning the affairs of the association.
(f) It appears to the commissioner that false reports have been filed with his office.
2. The conservator may be the commissioner, his deputy or any person qualified for such appointment.
3. Immediately upon appointment, the conservator shall petition the district court of the county in which the home office of the association is located for confirmation of his appointment. Such court shall have exclusive jurisdiction to determine the issues and all related matters and it shall give precedence to such conservatorship proceedings and expedite the proceedings in every way.
κ1969 Statutes of Nevada, Page 981 (CHAPTER 545, SB 179)κ
Sec. 44. NRS 673.576 is hereby amended to read as follows:
673.576 If the commissioner is in possession of the business, property and assets of an association, whether or not he is liquidating the affairs of such association, the commissioner may:
1. [Apply to the district court of the county in this state in which the principal office of the association is located for an order confirming any action taken by the commissioner, or authorizing the commissioner to do any act or execute any instrument not expressly authorized by NRS 673.485 to 673.577, inclusive. The order shall be given after a hearing on such notice as the court prescribes.
2.] Pay and discharge any secured claims against the association. No secured claim shall be paid in an amount larger than the value of the security at the time of payment.
[3.] 2. Pay administrative or current expenses incurred prior to the taking of possession which are necessary or convenient to the orderly or economic liquidation or preservation of the assets, and pay all wages or salaries, in amounts not exceeding [$250 per month to any one person, earned within 6 months prior to the taking of possession, whether or not claims for such expenses, wages or salaries have been presented for payment.] such amounts as are normally paid to officers and employees. No salary increases shall be proposed or consented to by the commissioner, conservator or receiver. The number of staff members which are required or needed for the operation of the association shall be determined by the commissioner.
[4.] 3. Disaffirm any executory contracts, including leases, to which the association is a party, and disaffirm any partially executed contracts, including leases, to the extent that they remain executory. The disaffirmance shall be made within 6 months after obtaining knowledge of the existence of the contract or lease.
Sec. 45. NRS 673.630 is hereby amended to read as follows:
673.630 1. After the holding of the meeting of shareholders, the state company, association or corporation shall take such action, in the manner prescribed or authorized by the laws of the United States or the rules and regulations promulgated pursuant thereto, as shall make it a federal savings and loan association, and there shall thereupon be filed in the office of the commissioner a copy of the charter of authorization issued to such company, association or corporation by the Federal Home Loan Bank Board or a certificate showing the organization of such company, association or corporation as a federal savings and loan association, certified by the Federal Home Loan Bank Board. Upon such filing with the commissioner, the company, association or corporation shall cease to be a state building and loan association, company or corporation, but it shall still retain all rights, privileges and exemptions of a domestic company, association or corporation of the same kind and character.
2. A fee of $20 shall accompany the copy of the charter of authorization.
3. Federal associations so converted and their members are subject to the same form of taxation and on the same basis as state associations and their members.
κ1969 Statutes of Nevada, Page 982 (CHAPTER 545, SB 179)κ
Sec. 46. NRS 236.010 is hereby amended to read as follows:
236.010 1. 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 for public fast, thanksgiving or as a legal holiday.
2. All state and county offices, courts, banks, savings and loan associations 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 or December 25 falls upon a Sunday, the Monday following shall be observed as a holiday.
Sec. 47. NRS 673.290 and 673.505 are hereby repealed.
________
Assembly Bill No. 704Committee on Agriculture
CHAPTER 546
AN ACT relating to the inspection of meat; enacting a comprehensive meat inspection law; providing penalties; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 583 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. As used in sections 2 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 19, inclusive, of this act have the meanings ascribed to them in sections 3 to 19, inclusive, of this act.
Sec. 3. 1. Adulterated applies to any carcass, part of a carcass, meat or meat food product if:
(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health; but if the substance is not an added substance, such article shall not be considered adulterated under this paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health.
(b) It bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is:
κ1969 Statutes of Nevada, Page 983 (CHAPTER 546, AB 704)κ
to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is:
(1) A pesticide chemical in or on a raw agricultural commodity;
(2) A food additive; or
(3) A color additive,
which may, in the judgment of the officer, make such article unfit for human food.
(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346a).
(d) It bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348).
(e) It bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 376).
(f) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.
(g) It has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(h) It is, in whole or in part, the product of an animal which has died otherwise than by slaughter.
(i) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(j) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348).
(k) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(l) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid or decomposed substance.
2. An article which is not adulterated under paragraphs (c), (d) or (e) of subsection 1 shall be deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by regulations of the Secretary of Agriculture in establishments at which inspection is maintained under the Wholesome Meat Act.
Sec. 4. Container means any box, can, tin, cloth, plastic or any other receptacle, wrapper or cover.
Sec. 5. (Deleted by amendment.)
Sec. 6. Immediate container means any consumer package or any other container in which an article, not consumer packaged, is packed.
κ1969 Statutes of Nevada, Page 984 (CHAPTER 546, AB 704)κ
Sec. 7. Inspector means an employee or official of the health division of the department of health, welfare and rehabilitation authorized by the officer to inspect livestock or poultry or carcasses or parts thereof.
Sec. 8. Intrastate commerce means commerce within this state.
Sec. 9. Label means any written, printed or graphic material upon the shipping container, if any, or upon the immediate container, including but not limited to an individual consumer package, of an article, or accompanying such article.
Sec. 10. Livestock means cattle, sheep, swine, goats or horses.
Sec. 11. Meat means any edible part of the carcass of any livestock.
Sec. 12. Meat food product means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, goats or horses, except products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the officer under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products.
Sec. 13. Misbranded applies to any carcass, part of a carcass, meat or meat food product if:
1. Its labeling is false or misleading in any particular.
2. It is offered for sale under the name of another food.
3. It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word imitation and immediately thereafter, the name of the food imitated.
4. Its container is so made, formed or filled as to be misleading.
5. It is in a package or other container which does not bear a label showing:
(a) The name and place of business of the manufacturer, packer or distributor; and
(b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.
Under paragraph (b), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the officer.
6. Any word, statement or other information required by or under authority of sections 2 to 33, inclusive, of this act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
7. It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary of Agriculture under section 7 of Title 1 of the Wholesome Meat Act (21 U.S.C. § 607) unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.
κ1969 Statutes of Nevada, Page 985 (CHAPTER 546, AB 704)κ
definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.
8. It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary of Agriculture under section 7 of Title I of the Wholesome Meat Act (21 U.S.C. § 607), and it falls below the standard to fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.
9. It is not subject to the provisions of subsection 7, unless its label bears:
(a) The common or usual name of the food, if any; and
(b) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the officer, be designated as spices, flavorings and colorings without naming each.
To the extent that compliance with the requirements of paragraph (b) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the officer.
10. It purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the officer determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses.
11. It bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by regulations promulgated by the officer.
12. It fails to bear, directly thereon or on its container, as the officer may by regulations prescribe, the inspection legend and, unrestricted by any requirement of this section, such other information as the officer may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
Sec. 13.5. Officer means the state health officer.
Sec. 14. Official establishment means any establishment in this state as determined by the officer at which inspection of the slaughter of livestock or poultry or the processing of livestock or poultry carcasses or parts thereof is made under the authority of sections 2 to 33, inclusive, of this act.
Sec. 15. Official inspection mark means any symbol, formulated pursuant to rules and regulations prescribed by the officer, stating that on article was inspected and passed.
Sec. 16. Person means any individual, partnership, corporation, association or other business entity.
Sec. 17. Poultry means any live or slaughtered domesticated bird.
Sec. 18. Shipping container means any container used or intended for use in packaging the article packed in an immediate container.
κ1969 Statutes of Nevada, Page 986 (CHAPTER 546, AB 704)κ
Sec. 19. Wholesome Meat Act means the Wholesome Meat Act (21 U.S.C. § 601 et seq.).
Sec. 20. 1. Meat, meat food products, and poultry products are an important source of the supply of human food in this state and legislation to assure that such food supplies are unadulterated and otherwise fit for human consumption, and properly labeled, is in the public interest. Therefore, it is hereby declared to be the policy of this state to provide for the inspection of slaughtered livestock, poultry, and the carcasses and parts thereof which are used for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of livestock and poultry carcasses and parts thereof which are adulterated or otherwise unfit for human food.
2. The health division of the department of health, welfare and rehabilitation is hereby designated as the single state agency primarily responsible for the administration of the program established by sections 2 to 33, inclusive, of this act.
Sec. 21. 1. For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, or part thereof which is adulterated and is intended for or capable of use as human food, the officer shall make an ante mortem inspection of livestock and poultry in any official establishment where livestock or poultry are slaughtered for such commerce.
2. Whenever slaughtering or other processing operations are being conducted, the officer shall make post mortem inspection of the carcasses and parts thereof of each animal and bird slaughtered in any such official establishment.
3. The officer shall quarantine, segregate and reinspect livestock and poultry, livestock and poultry carcasses and parts thereof in official establishments as he deems necessary to effectuate the purposes of sections 2 to 33, inclusive, of this act.
4. All livestock and poultry carcasses and parts thereof found by an inspector to be adulterated in any official establishment shall be condemned and shall, if no appeal is taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector unless the articles may, by reprocessing, be made unadulterated. In such case they need not be so condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be unadulterated. If any appeal is taken from such determination, the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the officer, after a hearing, determines that the appeal is frivolous. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes under the supervision of an inspector.
Sec. 22. 1. Each official establishment at which livestock or poultry are slaughtered or livestock or poultry carcasses or parts thereof are processed for intrastate commerce shall be operated in accordance with sanitary practices required by rules or regulations prescribed by the officer. No livestock or poultry carcasses or parts thereof shall be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to sections 2 to 33, inclusive, of this act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the state board of health.
κ1969 Statutes of Nevada, Page 987 (CHAPTER 546, AB 704)κ
act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the state board of health.
2. The officer shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.
Sec. 23. 1. Each livestock carcass and each primal part of such a carcass shall bear an official inspection mark and an approved plant number of the establishment when it leaves the official establishment. The officer may at any time require by regulation additional marks or label information to appear on livestock or poultry carcasses, or parts thereof. Marks and labels required under this section shall be applied only by, or under the supervision of, an inspector.
2. If the officer has reason to believe that any label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the label does not accept the determination of the officer, he may request a hearing, but the use of the label shall, if the officer so directs, be withheld pending hearing and final determination by the officer. Any such determination by the officer shall be conclusive unless within 30 days after the receipt of notice of such final determination the person adversely affected thereby appeals to the district court in and for the county in which he has his principal place of business.
Sec. 24. It is unlawful for any person:
1. To process, sell or offer for sale, transport or deliver or receive for transportation, in intrastate commerce, any livestock carcass or part thereof unless such article has been inspected and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements of sections 2 to 33, inclusive, of this act or the Wholesome Meat Act.
2. To sell or otherwise dispose of, for human food, any livestock or poultry carcass or part thereof which has been inspected and declared to be adulterated in accordance with sections 2 to 33, inclusive, of this act, or which is misbranded.
3. Falsely to make or issue, alter, forge, simulate or counterfeit or use without proper authority any official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, used in connection with inspection in accordance with sections 2 to 33, inclusive, of this act, or cause, procure, aid, assist in, or be a party to such false making, issuing, altering, forging, simulating, counterfeiting or authorized use, or knowingly to possess, without promptly notifying the officer or his representative, utter, publish or use as true, or cause to be uttered, published or used as true, any such falsely made or issued, altered, forged, simulated or counterfeited official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, or to represent that any article has been officially inspected in accordance with sections 2 to 33, inclusive, of this act when such article has in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the officer or any form resembling any such certificate.
κ1969 Statutes of Nevada, Page 988 (CHAPTER 546, AB 704)κ
4. To misbrand any livestock or poultry carcass or part thereof, in intrastate commerce.
5. To use any container bearing an official inspection mark unless the article contained therein is in the original form in which it was inspected and covered by such mark unless the mark is removed, obliterated or otherwise destroyed.
6. To refuse at any reasonable time to permit access:
(a) By a health officer or his agents to the premises of an establishment in this state where carcasses of livestock or poultry, or parts thereof, are processed for intrastate commerce.
(b) By the Secretary of Agriculture or his representative to the premises of any establishment specified in paragraphs (a) and (b), for inspection and the taking of reasonable samples.
7. To refuse to permit access to and the copying of any record as authorized by section 25 of this act.
8. To use for personal advantage, or reveal, other than to the authorized representatives of any state agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of sections 2 to 33, inclusive, of this act, concerning any matter which as a trade secret is entitled to protection.
9. To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce, for human consumption, any uneviscerated slaughtered poultry, or any livestock or poultry carcass or part thereof which has been processed in violation of any requirements under sections 2 to 33, inclusive, of this act, except as may be authorized by and pursuant to rules and regulations prescribed by the officer.
10. To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce any adulterated or misbranded livestock or poultry carcass or part thereof which is exempted under section 28 of this act.
11. To apply to any livestock or poultry carcass or part thereof, or any container thereof, any official inspection mark or label required by sections 2 to 33, inclusive, of this act, except by, or under the supervision of, an inspector.
Sec. 25. Persons engaged in the business of processing for intrastate commerce or transporting, shipping or receiving in such commerce livestock or poultry slaughtered for human consumption or holding such articles so received shall maintain such records as the officer by regulation may require, showing, to the extent that they are concerned therewith, the receipt, delivery, sale, movement or disposition of such articles, and shall, upon the request of the officer, permit him at reasonable times to have access to and to copy all such records. Any record required to be maintained by this section shall be maintained for a period of 2 years after the transaction has taken place which is subject to such record.
Sec. 26. 1. Any person who:
(a) Violates any of the provisions of sections 24 and 25 of this act is guilty of a misdemeanor.
(b) Is once convicted of violating the provisions of sections 24 and 25 of this act and again violates any of such provisions is guilty of a gross misdemeanor.
κ1969 Statutes of Nevada, Page 989 (CHAPTER 546, AB 704)κ
of this act and again violates any of such provisions is guilty of a gross misdemeanor.
(c) Is twice convicted of violating the provisions of sections 24 and 25 of this act and again violates any of such provisions is guilty of a felony.
2. When construing or enforcing the provisions of sections 2 to 33, inclusive, of this act, the act, omission or failure of any person acting for or employed by an individual, partnership, corporation, association or other business unit, within the scope of his employment or office, shall in every case be deemed the act, omission or failure of such individual, partnership, corporation, association or other business unit, as well as of such person.
3. No carrier or warehouseman is subject to the penalties imposed by this section by reason of his receipt, carriage, holding or delivery, in the usual course of business as a carrier or warehouseman, of livestock or poultry carcasses or parts thereof owned by another person, unless the carrier or warehouseman has knowledge, or is in possession of facts which would cause a reasonable person to believe, that such articles do not comply with the provisions of sections 2 to 33, inclusive, of this act.
Sec. 27. Before any person is prosecuted for violation of sections 24 and 25 of this act, the officer shall give such person against whom such proceeding is contemplated reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in sections 2 to 33, inclusive, of this act requires that a person be prosecuted for violations of sections 24 and 25 of this act whenever the officer believes that the public interest will be adequately served by a suitable written notice or warning.
Sec. 28. 1. The state board of health shall, by regulation and under such conditions as to labeling and sanitary standards, practices and procedures as he may prescribe, exempt from specific provisions of sections 2 to 33, inclusive, of this act:
(a) Livestock producers and poultry producers with respect to livestock and poultry carcasses and parts thereof processed by them from livestock or poultry raised on their own farms for use by them, members of their households, nonpaying guests and employees.
(b) Retail dealers with respect to:
(1) Meat sold directly to consumers in individual retail stores.
(2) Poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers with respect to poultry is the cutting up of poultry products on the premises where such sales to consumers are made.
(c) Any person engaged in slaughtering livestock or poultry or processing livestock or poultry carcasses or parts thereof for intrastate commerce, and the articles so processed by such person, whenever the officer determines that it would be impracticable to inspect and that such exemption will otherwise facilitate enforcement of sections 2 to 33, inclusive, of this act.
(d) Persons slaughtering livestock or poultry or processing or handling livestock or poultry carcasses or parts thereof which have been or are to be processed in accordance with recognized religious dietary laws, to the extent that the officer determines is necessary to avoid conflict with such requirements.
κ1969 Statutes of Nevada, Page 990 (CHAPTER 546, AB 704)κ
extent that the officer determines is necessary to avoid conflict with such requirements.
(e) The custom slaughter by any person, firm or corporation of livestock delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees if such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any livestock, capable of use as human food.
2. The officer may by order suspend or terminate for cause any exemption under this section.
Sec. 29. The officer may withdraw or otherwise deny approval with respect to any establishment, for such period as he deems necessary to effectuate the purposes of sections 2 to 33, inclusive, of this act, for any violation of sections 2 to 33, inclusive, of this act by the operator of such establishment.
Sec. 30. 1. The state board of health shall promulgate such rules and regulations, including hearing procedures, as are necessary to carry out its responsibilities under sections 2 to 33, inclusive, of this act. Such rules and regulations shall be in conformity with the Wholesome Meat Act unless the officer determines that it is not in accord with the objectives of sections 2 to 33, inclusive, of this act.
2. The officer shall appoint such qualified personnel as are necessary to carry out his responsibilities under sections 2 to 33, inclusive, of this act.
Sec. 31. 1. Sections 2 to 33, inclusive, of this act do not apply to any act or transaction subject to regulation under the Wholesome Meat Act.
2. The department of health, welfare and rehabilitation may enter into agreements with the Federal Government in carrying out the provisions of sections 2 to 33, inclusive, of this act and the Wholesome Meat Act, and may accept financial aid from the Federal Government for such purpose.
Sec. 32. 1. Costs of inspection of official establishments during regular working hours shall be borne by the health division of the department of health, welfare and rehabilitation. The cost of any overtime or holiday work shall be borne by the official establishment inspected. The officer shall collect the official establishments share of the costs of inspection and deposit the same in the meat inspection working capital fund account.
2. Inspectors shall be paid by the health division of the department of health, welfare and rehabilitation.
3. Whenever in his judgment such action is necessary for the efficient utilization of inspectors, the officer may establish a mandatory schedule of killing days for official establishments in any area of the state. If such a schedule is established, inspection provided on a nonscheduled day is overtime work within the meaning of subsection 1.
Sec. 33. There is hereby established in the state treasury a meat inspection working capital fund account to be used by the health division of the department of health, welfare and rehabilitation for carrying out the provisions of sections 2 to 33, inclusive, of this act.
κ1969 Statutes of Nevada, Page 991 (CHAPTER 546, AB 704)κ
the provisions of sections 2 to 33, inclusive, of this act. All moneys collected pursuant to sections 2 to 33, inclusive, of this act shall be deposited in the meat inspection working capital fund account. Disbursements from the meat inspection working capital fund account shall be made as other claims against the state are paid.
Sec. 34. NRS 446.020 is hereby amended to read as follows:
446.020 1. Food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale, or served.
2. This definition shall not be construed to include:
(a) Private homes.
(b) Fraternal or social clubhouses attendance at which is limited to club members.
(c) Vehicles operating on common carriers engaged in interstate commerce.
(d) Premises on which religious, charitable and other nonprofit organizations sell food for the purpose of raising funds.
(e) Any slaughter establishment which is regulated and inspected by the state department of agriculture.
Sec. 35. NRS 583.020 is hereby amended to read as follows:
583.020 Any person who shall knowingly sell any flesh of any diseased animal [or any primal cut of meat] or any container containing shellfish, if such [cut of meat or] container does not have an approved stamp authorized by the health division of the department of health, welfare and rehabilitation, is guilty of a gross misdemeanor.
Sec. 36. NRS 585.190 is hereby amended to read as follows:
585.190 1. The provisions of this chapter regarding the selling of foods, drugs, devices or cosmetics shall be considered to include:
(a) The manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and
(b) The sale, dispensing, and giving of any such article; and
(c) The supplying or applying of any such articles in the conduct of any food, drug or cosmetic establishment.
2. The provisions of this chapter do not apply to the operation of any official establishment, as defined in [NRS 583.330.] section 14 of this act.
________
κ1969 Statutes of Nevada, Page 992κ
Assembly Bill No. 384Messrs. Reid and Bryan
CHAPTER 547
AN ACT relating to juvenile courts; requiring the appointment of a director of juvenile services in certain judicial districts; requiring the director of juvenile services to perform administrative duties related to certain courts; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.100 is hereby amended to read as follows:
62.100 1. The judge or judges of the court in each judicial district which does not include a county having a population of 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall, when facilities for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children have been established within that district, and may at any other time in their discretion, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of the committee. The members of the committee shall hold office for 3 years, provided that of those first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
2. The duties of the probation committee shall be the following:
(a) The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children now or hereafter established by boards of county commissioners.
(b) Upon the request of the judge or judges, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee shall also have the power to initiate an investigation thereof if it deems such investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the judge or judges.